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Terms of Service

 

  1. Acceptance of Terms; Modification to Terms

  2. Member Account, Password

  3. User Conduct

  4. Privacy Policy

  5. Cookies

  6. Warranty of Ownership and Non-infringement

  7. Indemnity

  8. Shipping

  9. Deleting Content or Accounts

  10. Disclaimer of Warranties

  11. Limitation of liabilities

  12. General

 

1) Acceptance of Terms; Modification to Terms.

Thank you for visiting CoverAlls, a DBA company of Tchopshop Media LLC., a Louisiana LLC. CoverAlls provides its website and services (collectively the “site”) subject to the following terms of service (“Terms”).

By acknowledging these terms, using the site, ordering products, and uploading any data or images, you are indicating your agreement to be bound by these terms, including our Privacy Policy, and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the site. These Terms are applicable to your use of the site regardless of how you accessed the site.

We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in CoverAll's good faith reasonable judgment, CoverAll's will notify you via email and/or by posting a notice on the homepage of the site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at elena@cover-alls.com.

If you are accessing the site from the United States, you must be 13 years and older to use the site. CoverAlls does not specifically collect information about children and the website is not directed to children. If we learn that CoverAlls has collected information from a child under the applicable age, we will delete that information as quickly as possible. If you are under the required age, we will only process your information upon receipt of verified consent from a parent or legal guardian. We recommend that anyone under the applicable age required by law, ask and receive their parents' permission before using CoverAlls or sending information about themselves or anyone else over the Internet.

 

2) Member Account, Password

If you register on the site, you will receive an email confirming the creation of a CoverAlls account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CoverAlls of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CoverAlls cannot be liable for any loss or damage arising from your failure to comply with Section 2.

You represent and warrant that all contact and personal information provided to CoverAlls during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with CoverAlls.

3) User Conduct

When you upload photographs, designs, drawings, text or other content (“Content”) to the site, you keep your copyright and any other intellectual property rights you may have in the Content. By default, all Content uploaded to the site is not available to the public.

4) Privacy Policy

Your privacy is very important to us at CoverAlls. We collect and store personal information when you register, move through the site, make purchases and sell Content. CoverAlls does not share customer information (including email addresses) unless it is necessary to provide you with products or services available from CoverAlls. This may include service providers that provide support services to CoverAlls or that help CoverAlls market its products and services, administer our programs, operations, fulfill your requests, surveys, contests, sweepstakes and product reviews, or provide you with membership information. We promise that we will never sell or rent your telephone or email information to third party marketers. By using the site and accepting these Terms, you expressly consent to CoverAlls use of your personal information (including using email to communicate with you) as described in our Privacy Policy, which is referenced in more detail here.

You acknowledge and agree that as provided in CoverAlls Privacy Policy that in the event CoverAlls receives an objection asserting that your Content infringes the intellectual property right of another (the “Rights Owner”), that CoverAlls shall have the right, in its discretion, to provide the Rights Owner with your name and contact information as well as information concerning the Content and the use or sale of the Content through the site. You hereby agree to waive any claims against CoverAlls and its Representatives, for the disclosure of information to a Rights Owner

CoverAlls sets and accesses cookies to keep track of login status, and works with third parties like Google to collect anonymous data to help improve and market our service. Please refer to your browser's "Help" menu for how to change cookie preferences. Please refer to our Privacy Policy for more details on how we collect and store data.

 

5) Cookies

CoverAlls may collect your email address via cookies and pixels on the Website through the use of trusted third-party partners. These partners may combine your email information with other information they have access to such as mailing address so that CoverAlls may serve relevant marketing offers to you via direct mail. If you do not want CoverAlls to collect information about you, please contact CoverAlls to opt-out.

 

6) Warranty of Ownership and Non-infringement

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT TO BE PRINTED AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (E.G. COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.

 

7) Indemnity

You agree to defend, indemnify and hold CoverAlls and CoverAlls' officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the site, (b) your connection to the site, (c) your violation of these Terms or (d) your violation of any rights of a third party.


8 ) Shipping

Title and risk of loss for all products ordered by you shall pass to you on CoverAlls Decals shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of products ordered by you through the site, unless otherwise stated on the site or agreed by CoverAlls Decals (such as through a special offer).


9) Deleting Content or Accounts

If you wish to terminate your CoverAlls account, you may do so within your account settings or by contacting us via email.

 

 

10) DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COVERALLS DECALS AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COVERALLS DECALS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

COVERALLS DECALS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.


11) LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL COVERALLS DECALS OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND COVERALLS DECALS SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY COVERALLS DECALS OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO COVERALLS DECALS FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree that any claim or cause of action arising out of or related to your use of the site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.


12) GENERAL

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

CoverAlls Decals shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of CoverAlls, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.

This Agreement will be governed by the laws of the State of Louisiana. CoverAlls Decals may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New Orleans, Louisiana, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in New Orleans, LA, necessary to protect the rights or the property of you or CoverAlls Decals (or its Representatives), pending the completion of arbitration.



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