Welcome to www.createyourcove.com!
These terms and conditions outline the rules and regulations for the use of Cove Home LLC’s Website, located at www.createyourcove.com.
By accessing this website, our mobile apps, and other services provided by Cove Home LLC, we assume you accept these terms and conditions. These terms and conditions are a legally binding contract between you and Cove Home LLC. Do not continue to use www.createyourcove.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company’s terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated products and services, in accordance with and subject to, prevailing laws of the State of Delaware, USA.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Cookies and Personal Information
We reserve the right to refuse any order you place with us. We may exercise our sole discretion to limit or cancel quantities purchased per person, per household, or per order.
Such restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.License
Unless otherwise stated, Cove Home LLC and/or its licensors own the intellectual property rights for all material on www.creatyourcove.com. All intellectual property rights are reserved. You may access this from www.creatyourcove.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from www.creatyourcove.com
- Sell, rent or sub-license material from www.creatyourcove.com
- Reproduce, duplicate or copy material from www.creatyourcove.com
- Redistribute content from www.creatyourcove.com
This Agreement shall begin on the date hereof.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Cove Home LLC.; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Cove Home LLC. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Cove Home LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are arising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Indemnification and Limitation of Liability
In the event that you violate any of the terms and conditions or applicable laws, then you are responsible for indemnifying Cove Home LLC for any losses or damages it incurs as a result.
The terms and conditions are governed by the laws of the State of Delaware, without regard to its conflict of laws rules, and the laws of the United States of America. You and Cove Home LLC agree that any dispute or claim arising from or relating to the terms and conditions shall be finally settled by final and binding arbitration, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the "AAA Rules") then in effect. The AAA rules are deemed to be incorporated by reference into this section, and as of the date of these terms and conditions, the AAA Rules are available on the AAA’s website (www.adr.org) or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with the AAA rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration or mediation under the terms and conditions will take place on an individual basis. You understand that by agreeing to the terms and conditions, you and Cove Home LLC are each waiving the right to trial by jury or to participate in a class action lawsuit. Class arbitrations shall only be available if requested by either party under its Class Action Arbitration Rules and approved by the arbitration entity. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Any legal action against Cove Home LLC related to our Website, products, or services must be filed and take place in Delaware.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after the terms and conditions terminates or your use of our Website ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms and conditions are effective unless and until terminated by either you or Cove Home LLC. You may terminate this Agreement at any time. Cove Home LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to our Website, if in our sole judgment you fail to comply with any term or provision of the Agreement.
You may terminate your account with Cove Home LLC at any time from your account settings. We may terminate or suspend your account (and any accounts Cove Home LLC determines are related to your account) and your access to the Website should we have reason to believe you or your use of the Website violates our terms and conditions.
Cove Home LLC reserves the right to change, suspend, or discontinue any of the products or services for you, any or all users, at any time, for any reason, including those laid out in the policies under these terms and conditions. We will not be liable to you for the effect that any changes to the products or services may have on you.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the terms and conditions for all purposes.
Severability and Survival
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these terms and conditions; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature
Updates to Terms and Conditions
We may update these terms and conditions at any time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Website following the changes constitutes your acceptance of the updated terms and conditions.