Covet Terms of Use
Last Updated: January 1, 2023
1. Acceptance of Terms
These Terms of Use (these “Terms”) govern your access and use of services operated by or on behalf of BQuest LLC (“Covet” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully. Note this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
By accessing or using covet.life and our various related websites and services (collectively, the “Covet Services”) and clicking “Accept” when creating a Covet account, you represent and warrant to Covet that
• you are at least 18 years of age,
• you have theblegal authority to enter into these Terms,
• you have not been previously suspended or removed from the Covet Services or engaged in any activity that could result in suspension or removal from the Covet Services,
• you are a resident of the United States of America, and
• you agree to be bound by these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Covet Services.
We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Covet Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Covet Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not use the Covet Services. We strongly recommend that you periodically visit this page to review these Terms.
2. No Legal, Financial, Investment, and/or Tax Advice
BY ACCESSING AND/OR USING THE COVET SERVICES, YOU UNDERSTAND AND AGREE THAT COVET IS NOT A LAWYER, LAW FIRM, ADVISORY FIRM, OR ACCOUNTING FIRM, AND DOES NOT PROVIDE ANY LEGAL, INVESTMENT, ACCOUNTING, FINANCIAL, AND/OR TAX ADVICE. NO ATTORNEY-CLIENT OR OTHER AGENCY RELATIONSHIP IS CREATED BETWEEN YOU AND COVET OR ITS PARTNERS, AND COMMUNICATIONS BETWEEN YOU AND COVET ARE NOT PROTECTED BY ATTORNEY-CLIENT PRIVILEGE OR CONSIDERED ATTORNEY WORK-PRODUCT. INSTEAD, YOU ARE AND WILL BE REPRESENTING YOURSELF IN ANY LEGAL MATTER YOU UNDERTAKE THROUGH THE COVET SERVICES.
THE COVET SERVICES INCLUDES ACCESS TO SOFTWARE AND SELF-HELP MATERIALS, WHICH ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY, FINANCIAL ADVISOR AND/OR ACCOUNTANT. YOU ACKNOWLEDGE THAT SUCH INFORMATION WILL NEVER BE SPECIFIC TO A PARTICULAR USER’S SITUATION OR REQUEST, AND COVET EXPRESSLY ADVISES YOU TO CONSULT YOUR OWN TAX, LEGAL, ESTATE PLANNING, FINANCIAL, INVESTMENT, AND ACCOUNTING ADVISORS BEFORE ENGAGING IN ANY TRANSACTION. WHILE COVET STRIVES TO KEEP ALL MATERIALS AVAILABLE THROUGH THE COVET SERVICES CURRENT AND UP-TO-DATE, LAWS CHANGE RAPIDLY, VARIES FROM JURISDICTION TO JURISDICTION, AND MAY BE SUBJECT TO VARYING INTERPRETATIONS. AT NO TIME DOES COVET REVIEW YOUR USE OF THE COVET SERVICES FOR LEGAL SUFFICIENCY, DRAW LEGAL CONCLUSIONS, PROVIDE LEGAL ADVICE, OPINIONS OR RECOMMENDATIONS ABOUT YOUR LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS, OR STRATEGIES, OR APPLY THE LAW TO THE FACTS OF YOUR PARTICULAR SITUATION. IF YOU WANT HELP UNDERSTANDING HOW THE LAW APPLIES TO YOUR PARTICULAR CIRCUMSTANCES OR DECIDING WHAT IS BEST FOR YOUR NEEDS, YOU SHOULD OBTAIN SUCH ADVICE FROM YOUR ATTORNEY, INVESTMENT ADVISOR AND/OR ACCOUNTANT.
YOU UNDERSTAND AND AGREE THAT THAT IT IS SOLELY YOUR RESPONSIBILITY, AND IN NO WAY COVET'S RESPONSIBILITY, TO BE SURE THAT YOUR USE OF THE COVET SERVICES, INCLUDING PREPARATION OF ANY MATERIALS USING THE COVET SERVICES, REFLECTS YOUR INTENTIONS AND IS BINDING UNDER APPLICABLE LAW. COVET DOES NOT PROVIDE CUSTODY FOR ASSETS AND/OR PERSONAL PROPERTY, AND DOES NOT SERVEA AS A TRUSTEE FOR ANY SUCH ASSETS AND/OR PERSONAL PROPERTY.
3. Fees and Payment
You agree to pay the fees you agree to through the Covet Services at the time of your initial purchase (including any one-time and/or ongoing subscription fees), unless you are notified of a fee change in accordance with the Notice section below. You hereby authorize Covet and its agents to effect payments you authorize through the Covet Services and to share information about you as reasonably needed to do so with our third party payment providers. For each subscription renewal term, we will notify you at least 15 days prior to the subscription renewal date, and subscription fees will be immediately due and payable in full as of the subscription renewal date. If you have provided us with a credit card for recurring charges, we will charge that credit card on the subscription renewal date.
You have the right to cancel your Covet account online through [your Covet account homepage], or by emailing us at info@covet.life. After such cancellation, your Covet account will remain active until the end of then-applicable subscription. After termination of your Covet account, you will no longer have access to the Covet Services.
4. User Registration
To registered for a Covet account and access and use certain areas or features of the Covet Services, you may need to provide certain information and/or answer certain questions. Each registration is for a single user only. By providing information to us, you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Covet Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Covet Services. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your use of the Covet Services.
By providing information and/or answering questions through the Covet Services, you also consent to receive electronic communications from Covet (e.g., via email, text, or through the Covet Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
5. Right to Access and Use the Covet Services and Content
Unless otherwise indicated in writing by us, the Covet Services and all content and other materials contained therein, including, without limitation, any Covet service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Covet, our licensors, or users of the Covet Services, as applicable, and are protected by U.S. and international copyright and other laws.
Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Covet Services and
Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Covet Services or Content under these Terms, or any other rights thereto other than to use the Covet Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Covet Services or Content, (b) distribute, publicly perform or publicly display the Covet Services or any Content, (c) modify or otherwise make any derivative uses of the Covet Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Covet Services or Content, except as expressly permitted by us, (f) use the Covet Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights; (g) interfere with the Covet Services or servers or networks used in connection with the Covet Services; or (h) use the Covet Services or Content other than for their intended purposes.
Any use of the Covet Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate your right of access and use granted herein. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Covet or any third party, whether by estoppel, implication or otherwise.
You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit Content. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Covet Services (or any features or parts thereof) at any time.
Some Covet Services may be subject to additional posted guidelines, rules or terms of service (“Additional Terms”) and your use of such Covet Services will be conditioned on your agreement to the Additional Terms. If there is any conflict between these Terms of Use and the Additional Terms, the Additional Terms will control for that particular Covet Service, unless the Additional Terms expressly state that these Terms will control.
6. Trademarks
The Covet logo, and any other Covet product or service names, trademarks, logos, or other indicia that may appear on the Covet Services (“Marks”) are the property of Covet or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Covet Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Covet or such third party that may own such Marks.
7. Privacy Policy
Our Privacy Policy is located at [insert Privacy Policy URL], and describes how we handle the personal information you provide to us when you use the Covet Services.
8. User Content
You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Covet Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Covet Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER
CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND YOU UNDERSTAND AND AGREE THAT WE WILL HAVE NO LIABILITY RELATED TO SUCH ACTIVITY.
You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Covet Services.
Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Covet Services at any time and for any reason, including, without limitation, for non-payment of fees and/or breach of these Terms, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Covet Services at your sole cost and expense.
We expect users of the Covet Services to respect the intellectual property rights of others. If you believe in good faith that any of the content on the Covet Services infringes your copyright, please provide our copyright agent the written information specified below.
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site; • Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Covet's copyright agent for notice of claims of copyright infringement can be reached as follows: [Insert address and email]
9. Rights in User Content
We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Covet Services or to our pages or feeds on third-party social media platforms (e.g., Covet's Facebook page, LinkedIn page or Twitter feed), you hereby grant Covet a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Covet will only share personal information that you provide in accordance with our Privacy Policy.
You agree that Covet may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of
any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Covet, its customers or the public.
10. Feedback
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Covet, or the Covet Services (collectively, “Feedback”). Feedback shall become the sole property of Covet. Covet shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. Third-Party Sites
We have not reviewed all of the websites linked to the Covet Services and are not responsible for the content of any third-party pages, any other websites linked to the Covet Services, or any products or services offered by third parties. Nothing in the Covet Services, including, without limitation, any links to other websites, should be construed as an endorsement by Covet of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Covet reserves the right not to link, or to remove the link, to a particular website at any time.
Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Covet. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
12. Indemnification
You shall indemnify, hold harmless, and, at Covet's option, defend Covet and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Covet resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Covet Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Covet Services or any of its features, including, without limitation, in connection with . You further agree that Covet shall have control of the defense or settlement of any third-party claims unless Covet exercises its option to require you to defend Covet. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Covet.
13. General Disclaimers
THE COVET SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COVET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE COVET SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE COVET SERVICES. COVET HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE COVET SERVICES IS AT YOUR SOLE RISK. COVET DOES NOT WARRANT THAT YOUR USE OF THE COVET SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED
OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE COVET SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS AND/OR USE THE COVET SERVICES.
14. Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COVET BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, OR LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF THE COVET SERVICES REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF COVET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF COVET ARISING OUT OF OR IN ANY WAY RELATED TO THE COVET SERVICES EXCEED THE FEES YOU HAVE PAID TO COVET UNDER THESE TERMS. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE COVET'S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
15. Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH COVET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
YOU AND COVET AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE COVET SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Covet agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Covet further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Covet are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Covet
Services. Further, unless both you and Covet agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
16. Class Action Waiver
REGARDLESS OF THE FORUM, YOU AND COVET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17. Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Covet Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
18. Governing Law and Jurisdiction
Covet operates the Covet Services from Delaware, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of Delaware, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Delaware shall not apply.
19. Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Covet at the following contact: info@covet.life. Any notices to you may be made via either e-mail or postal mail to the address in Covet's records or via posting on the Covet Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
20. Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
21. Miscellaneous
The Covet Services are hosted in the United States of America and only for use of residents of the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement
between you and Covet relating to your access to and use of the Covet Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Covet. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Covet's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.