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Uncovered Terms of Service

These Terms of Use apply to our websites, microsites, mobile sites, or mobile apps (collectively, the “Website”) that expressly adopt and display or link to these Terms of Use, as may be revised from time to time, and that are owned, operated or controlled by BSW, LLC dba Uncovered its parents, affiliates, and subsidiaries (collectively, the “Company”).

 

BY ACCESSING, BROWSING, AND/OR USING THE PAGES OR SERVICES POSTED ON THE WEBSITE, YOU (the “User”) AGREE TO THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE, OR USE THE WEBSITE.

 

Content:  All Website content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the “Website Content”), and the collection, arrangement and assembly of the Website Content, is the property of the Company and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties.  The User is granted no right, title or interest in or to the Website Content other than the limited license expressly set forth in these Terms of Use. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Website Content, or any portion thereof, without the express written permission of the Company.

Use of Website Content:  The Website, including all Website Content, is provided solely for personal, non-commercial use. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, shape, or form.  Subject to these Terms of Use, the User is hereby granted a non-exclusive, non-transferable, limited, revocable license to access and use the Website and the Website Content for the User’s own non-commercial purposes. This limited license may be revoked at any time for any or no reason. All rights not expressly granted are reserved by the Company and its licensors.

 

Trademarks:  All rights regarding any trademarks, trade names, service marks, logos and/or trade dress (collectively, “Marks”) contained in, or used in connection with, the Website are expressly reserved by the Company and its licensors.  The Marks, and all associated logos or images, are registered and/or common law trademarks, and are protected by U.S. and international laws and treaties. No license with respect to the use of the Marks is granted to the User under these Terms of Use or by virtue of User’s use of the Website.  The Marks may not be copied, imitated or used, in whole or in part, without the prior written consent of the Company or the applicable rights holder.

 

Links:  The Website may include links to third party websites not operated by the Company. These links are provided for the User’s convenience and in no way signify any endorsement of any such websites or the content thereof.  Access to any such linked site is at the User’s own risk, and THE COMPANY will not have any liability arising out of or related to such sites and/or their content, or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content, or any goods or services, available on or through any such site.

 

User Information:  Some functionality of the Website may require the transmission of information provided by the User (“User Information”).  User Information may include, but is not limited to, a User’s name, address, email address, telephone number, age, medical information, payment or credit card information, current insurance information, or age.  The User agrees to keep the User Information provided to the Website current at all times and to promptly update such information in the Website to the extent of any change.  By using such functionality, the User consents to the transmission of User Information to the Company and/or its agents and authorizes the Company and/or its agents to record, process, and store such User Information as necessary for the Website functionality and for the purposes described in the Privacy Policy located here , which is incorporated herein by reference. 

 

Online Commerce:  The Website may allow Users to make online purchases.  Where a User makes such a purchase via the Website, all information obtained by the Company from the User in the course of such purchase, including User Information, may be collected by both the Company, as well as our third party vendors, such as payment processing companies, responsible for facilitating your purchase.  These third party vendors may have privacy and data collection practices that are different from those utilized by the Company.  The Company has no responsibility or liability for the independent policies of these third party vendors.  In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of these third party vendors.  The User hereby releases the Company and its third party vendors from any damages incurred by the User.  Moreover, the User agrees not to assert against the Company or its third party vendors any claims arising from the User’s purchase via the Website.

 

User Content:  The Website may allow the User to upload photographs, reviews, videos or other content (“User Content”).  The User shall be solely responsible for the User Content and the consequences of submitting and publishing the User Content via the Website and related Company platforms.  The User shall retain ownership of all User Content and hereby grants to the Company a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, modify, adapt, publish, translate, transmit, distribute and display the User Content via the Website and related Company platforms and for the Company’s business purposes.  The User also grants to the other users of the Website and related Company platforms a non-exclusive license to access the User Content via the Website and related Company platforms, and to use, reproduce, distribute and display such User Content as permitted through the functionality thereof and subject to these Terms of Use.  The User grants the Company the right to identify the User as the author of any such User Content by name, email address, screen name, likeness, or other identifying information, and the User acknowledges that the Company has the right, but is not obligated, to use any such User Content and that the Company may cease utilizing such User Content at any time for any reason.  The User agrees not to submit, upload, or otherwise make available via the Website any content or materials (i) that are unlawful, threatening, abusive, harassing, defamatory, libelous, obscene, vulgar, profane, injurious to third parties, or which invade another person’s privacy, further the commission or concealment of a crime, or are otherwise objectionable; (ii) infringe the copyright or other intellectual property rights of a third party; or (iii) with respect to which the User does not have the rights necessary to transmit and publish such content or materials, or to grant the Company the license to use such content or materials as described herein.  The User acknowledges that the Company has no obligation to monitor or screen User Content submitted to the Website, but that the Company shall have the right (but not the obligation) to reject, remove or delete any User Content for any or no reason.        

 

Third Party Content: The User understands and agrees that the Company does not control and is not responsible for any Content made available on the Website by other users.  The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk.  Under no circumstances will the Company be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.

 

Acceptable Use:  The User’s permitted use of the Website and Website Content is limited to the standard functionality of the Website.  In no event may the Website be used in a manner that (i) is unlawful, fraudulent or deceptive, (ii) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any third party (including, without limitation, the rights of publicity or other proprietary rights), (iii) uses technology or other means not authorized by the Company to access Website Content, (iv) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment, (v) attempts to gain unauthorized access to the Company’s systems or user accounts, (vi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability, (vii) attempts to damage, disable or overburden the Company’s servers or networks, or (viii) fails to comply with applicable third party terms.  The User must comply with all applicable third party Terms of Use (e.g., wireless carrier terms of service) at all times while using the Website. The Company reserves the right to, in its sole discretion, terminate the license granted to the User hereunder and/or bring legal action against the User if the User engages in, or the Company reasonably believes the User has engaged in or is engaging in, use that violates these Terms of Use.  The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms of Use.

 

Information Disclaimer:  The Company attempts to be as accurate as possible regarding the Website Content.  However, unless specifically stated otherwise in writing on the Website, the Company does not warrant that the Website Content is accurate, complete, reliable, current, or error-free.  From time to time, the Website Content may contain typographical errors, inaccuracies, or omissions.  The Company reserves the right to revise the Website Content without notice. Moreover, the Website Content is not in any way intended to provide medical or business advice nor is it intended to be used for medical diagnosis or treatment. The Website should not be used in place of the advice of your physician or other qualified health care provider. You should not disregard or delay seeking medical advice based upon any information provided on the Website

 

Eligibility; Jurisdiction: The User represents and warrants that (i) the User is at least 18 years of age and is fully competent and able to enter into these Terms of Use and to abide by the terms hereof; (ii) the User is not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country, and (iii) the User is not included on any U.S. Government list of prohibited or restricted parties.  The Website is not intended for children under the age of 13. The Company provides the Website for use in the United States of America.  The Company does not represent the Website is available or appropriate for use in other jurisdictions.  Any access to or use of the Website from other jurisdictions is at the User’s sole risk and the User is responsible for complying with all applicable local laws.

Disclaimer: THIS WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON THIS WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN OR ON THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE WILL BE AVAILABLE AND FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES OR OTHER HARMFUL COMPONENTS. IF ANY INFORMATION IN OR ON THE WEBSITE IS INACCURATE, INCOMPLETE, OR OUT OF DATE, THE COMPANY RESERVES THE RIGHT TO CORRECT, CHANGE, OR UPDATE SUCH INFORMATION WITHOUT PRIOR NOTICE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOU ARE DOING SO AT YOUR OWN RISK.

 

Limitation of Liability:  USE OF THE WEBSITE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, COMPANY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE WEBSITE OR THE WEBSITE CONTENT; (II) INABILITY TO ACCESS OR USE THE WEBSITE OR THE WEBSITE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE WEBSITE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, THE COMPANY VIA THE WEBSITE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity:  Upon request by the Company, the User agrees to indemnify, defend and hold harmless the Company and its employees, contractors, officers, directors, and licensors from and against all claims, suits, demands, damages, liabilities, loss, cost, and expense (including reasonable attorneys’ fees) that arise from: (i) the User’s use or misuse of the Website;  (ii) the User’s violation of these Terms of Use; (iii) the User’s violation of any third party right, including without limitation any copyright, property or privacy right; or (iv) any claim that the User Content resulted in damage to a third party. The Company reserves the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate with the Company in asserting any available defenses.

 

Changes to Website:  At any time and without notice to the User, the Company may change or modify the Website, or any features or functions thereof, or may suspend or discontinue the Website, or stop supporting the Website, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.

 

Changes to Terms; Updates:  The Company reserves the right to change these Terms of Use at any time, and in its sole discretion, by changing these Terms of Use within the Website.  The User’s continued use of the Website after any such changes to these Terms of Use are made available through the Website will constitute the User’s acceptance of those changes.  These Terms of Use shall govern any updates to, or supplements or replacements for, the Website unless separate terms are provided in conjunction with such updates, supplements or replacements - in which case such separate terms will apply.

 

Governing Law:  These Terms of Use are governed by the laws of the State of Michigan and applicable federal laws of the United States of America, without giving effect to conflict of laws principles.  The User irrevocably consents to the exclusive jurisdiction of the federal and state courts situated in Grand Traverse County, Michigan, USA for purposes of any legal action arising out of or related to these Terms of Use or use of the Website.

 

Agreement to Arbitrate: Any civil action, claim, dispute or proceeding arising out of or relating to access to or use of the Website will be resolved exclusively through final and binding arbitration, before a single arbitrator, rather than in court. The arbitrator, and not any federal, state or local court or agency, will have exclusive authority to resolve any dispute arising out of access to or use of the Website, and to arbitrate any part of these Terms, including any claim that all or any part of the this section or these Terms is void or voidable.

The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Grand Traverse County, Michigan, under the AAA’s rules and procedures, as modified by this section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org.

 

You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs.

 

The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Michigan, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Grand Traverse County, Michigan.

 

Prohibition of Class and Representative Actions and Non-Individualized Relief: EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Notice For New Jersey Residents: Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT ("TCCWNA"), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these Terms of Use shall not be applicable to New Jersey residents: (1) the provisions concerning limiting Company's liability for any loss or damage is not applicable to New Jersey residents to the extent Company was negligent or has breached its obligation; (2) the provisions concerning the exclusion or limitation of certain damages are not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; and (3) the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms of Use.

 

Digital Millennium Copyright Act: If you believe that materials available on the Site infringe your copyright, please let us know. You may file a notice in compliance with the Digital Millennium Copyright Act, 17 U.S.C. §512.

 

See 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. If a notice of copyright infringement has been filed regarding material posted by you, you may file a counter-notification in compliance with 17 U.S.C. §512(g)(3) with our DMCA Agent listed above. If the Company receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

 

In accordance with the DMCA and other applicable law, The Company has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. The Company may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 

Contact: If you have any questions or concerns with respect to these Terms of Use or our Website, please contact us by emailing us at info@uncoveredhc.com