Terms of Service.

Last updated: June 28, 2016

  1. General

This is a binding agreement for the terms of service for MeCovery. MeCovery includes the web site at [website]; tools and services provided through that site; all software, applets, services, data, text, images, sounds, video and content made available through the site, including all additions or updates thereto which are made from time to time; and all related documentation, whether tangible or electronic.

These terms, including any schedules and supplemental terms (collectively, these “Terms of Use” or this “TOU”) applies to the use of MeCovery. By using MeCovery, you are a “user” and you accept and agree to this TOU as a legal contract between you and us.

We may post changes to these TOU at any time, and any such changes will be applicable to all subsequent access to or use of MeCovery. If you do not accept and agree to all provisions of these TOU, now or in the future, you may reject these TOU by immediately terminating all access and use of MeCovery, in which case any continuing access or use of our sites and service is unauthorized.

You are also required to comply with, and to ensure compliance with, all laws, rules and regulations applicable to your activities on MeCovery.

Unless expressly permitted by supplemental terms, MeCovery are intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.

These TOU grant you a limited, revocable, nonexclusive license to access our sites and service and use MeCovery, in whole or in part, including but not limited to our intellectual property therein, solely in compliance with these TOU.

  1. Content and Conduct

Content

We do not control, are not responsible for and make no representations or warranties with respect to any user content. You are solely responsible for your access to, use of and/or reliance on any user content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user content.

You are also responsible for any content that you post or transmit and, if you create an account, you are responsible for all content posted or transmitted through or by use of your account.

Content prohibited from MeCovery includes but is not limited to: (1) illegal content; (2) content in facilitation of the creation, advertising, distribution, provision or receipt of illegal goods or services; (3) offensive content (including, without limitation, court ordered defamatory statements, threatening, hateful or pornographic content); (4) content that discloses another’s personal, confidential or proprietary information; (5) false or fraudulent content (including but not limited to false, fraudulent or misleading responses to user ads transmitted via MeCovery); (6) malicious content (including, without limitation, malware or spyware); (7) content that offers, promotes, advertises, or provides links to posting or auto-posting products or services, account creation or auto-creation products or services, flagging or auto-flagging products or services, bulk telephone numbers, or any other product or service that if utilized with respect to MeCovery would violate these TOU or our other legal rights; and (8) content that offers, promotes, advertises or provides links to unsolicited products or services.

Other content prohibitions are set forth in supplemental terms for particular categories or services on MeCovery and all such prohibitions are expressly incorporated into these TOU as stated in the introductory paragraphs above.

You automatically grant and assign to us, and you represent and warrant that you have the right to grant and assign to us, a perpetual, irrevocable, unlimited, fully paid, fully sub-licensable (through multiple tiers), worldwide license to copy, perform, display, distribute, prepare derivative works from (including, without limitation, incorporating into other works) and otherwise use any content that you post. You also expressly grant and assign to us all rights and causes of action to prohibit and enforce against any unauthorized copying, performance, display, distribution, use or exploitation of, or creation of derivative works from, any content that you post (including but not limited to any unauthorized downloading, extraction, harvesting, collection or aggregation of content that you post).

Conduct

We do not control, are not responsible for and make no representations or warranties with respect to any user or user conduct. You are solely responsible for your interaction with or reliance on any user or user conduct. You must perform any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any user or user conduct.

You are also responsible for your own conduct and activities on, through or related to MeCovery, and, if you create an account on MeCovery, you are responsible for all conduct or activities on, through or by use of your account.

  1. Postings and Accounts

This section 3 applies to all uses and users of MeCovery, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 3.

Postings

Users may not circumvent any technological measure implemented by us to restrict the manner in which content may be posted on MeCovery or to regulate the manner in which content (including but not limited to email) may be transmitted to other users. This prohibition includes, without limitation, a ban on the use of multiple email addresses (created via an email address generator or otherwise); the use of multiple IP addresses (via proxy servers, modem toggling, or otherwise); CAPTCHA circumvention, automation or outsourcing; multiple and/or fraudulent service accounts, including phone-verified accounts; URL shortening, obfuscation or redirection; use of multiple phone lines or phone forwarding for verification; and content obfuscation via HTML techniques, printing text on images, inserting random text or content “spinning.”

It is expressly prohibited for any third party to post content to MeCovery on behalf of another. Users must post content only on their own behalf, and may not permit, enable, induce or encourage any third party to post content for them.

It is expressly prohibited to post content to MeCovery using any automated means. Users must post all content personally and manually through all steps of the posting process. It is also expressly prohibited for any user to develop, offer, market, sell, distribute or provide an automated means to perform any step of the posting process (in whole or in part). Any user who develops, offers, markets, sells, distributes or provides an automated means to perform any step of the posting process (in whole or in part) will be responsible and liable to us for each instance of access to MeCovery (by any user or other third-party) using that automated means.

Affiliate marketing by users is expressly prohibited on MeCovery. Users may not post content or communicate with any user for purposes of affiliate marketing or in connection with any affiliate marketing system, scheme or program in any manner or under any circumstance.

Accounts

A user may create, maintain and use no more than one account to post content only on his/her or its own behalf. A user must create his/her or its account personally and manually and may not create accounts by any automated means. Without limitation, this includes the obligation that the user personally and manually solves any CAPTCHA challenge in the account creation process.

A user may not create or use additional accounts or any account of another and must not permit, enable, induce or encourage others to create accounts for him/her or it.

The purchase and sale of accounts and the creation of accounts for others is expressly prohibited. The circumvention of any technological restriction or security measure in the account creation process, posting process or otherwise for posting content in violation of these TOU also is expressly prohibited.

  1. Unauthorized Access and Activities

This section 4 applies to all uses and users of MeCovery, unless we have specifically authorized an exception to a particular term for a particular user in a written agreement. We have sole and absolute discretion to authorize or deny any exception or exceptions to the terms in this section 4.

To maintain the integrity and functionality of MeCovery for its users, access to MeCovery and/or activities related toMeCovery that are harmful to, inconsistent with or disruptive ofMeCovery and/or users’ beneficial use and enjoyment ofMeCovery are expressly unauthorized and prohibited. For example, without limitation:

  • The collection ofMeCovery users’ personal information (including but not limited to email addresses, IP addresses and telephone numbers) is not allowed for any purpose.
  • Any copying, aggregation, display, distribution, performance or derivative use ofMeCoveryor any content posted onMeCovery whether done directly or through intermediaries (including but not limited to by means of spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds) is prohibited. As a limited exception, general purpose Internet search engines and noncommercial public archives will be entitled to accessMeCovery without individual written agreements executed with us that specifically authorize an exception to this prohibition if, in all cases and individual instances: (a) they provide a direct hyperlink to the relevant website, service, forum or content; (b) they accessMeCovery from a stable IP address using an easily identifiable agent; and (c) they comply with our robots.txt file; provided however, we may terminate this limited exception as to any search engine or public archive (or any person or entity relying on this provision to accessMeCovery without their own written agreement executed with us), at any time and in our sole discretion, upon written notice, including, without limitation, by email notice.
  • Any access to or use of MeCovery to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute or otherwise make available any program, application or service (including, without limitation, any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of or interoperation with MeCovery (including, without limitation, to access content, post content, cross-post content, re-post content, respond or reply to content, verify content, transmit content, create accounts, verify accounts, use accounts, circumvent and/or automate technological security measures or restrictions, or flag content) is prohibited. This prohibition specifically applies but is not limited to software, programs, applications and services for use or operation on or by any computer and/or any electronic, wireless and/or mobile device, technology or product that exists now or in the future.
  • Any effort to decompile, disassemble or reverse engineer all or any part of MeCovery in order to identify, acquire, copy or emulate any source code or object code is expressly prohibited.
  • Any activities (including but not limited to posting voluminous content) that are inconsistent with use of MeCovery in compliance with these TOU or that may impair or interfere with the integrity, functionality, performance, usefulness, usability, signal-to-noise ratio or quality of all or any part of MeCovery in any manner are expressly prohibited.
  • Any attempt (whether or not successful) to engage in, or to enable, induce, encourage, cause or assist anyone else to engage in, any of the above unauthorized and prohibited access and activities is also expressly prohibited and is a violation of these TOU.

If you access MeCovery or copy, display, distribute, perform or create derivative works from MeCovery webpages or our intellectual property in violation of these TOU or for purposes inconsistent with these TOU, your access, copying, display, distribution, performance or derivative work is unauthorized. Circumvention of any technological restriction or security measure on MeCovery or any provision of these TOU that restricts content, conduct, accounts or access is expressly prohibited.

  1. Fees

You will pay a service fee for each month that you have a valid login to use MeCovery (the “Service Fee”). You agree to pay the Service Fee on a periodic subscription basis in advance of the period to which it applies.

The service provided in this agreement is effective upon your payment of the Service Fee, shall continue for a period of one month or one year (depending on the fee paid), and shall renew for a further period upon each payment of the Service Fee. This payment is due on the monthly or annual anniversary of the first date on which you provide your credit card details.

You agree that your credit card may be charged monthly or annually in the amount of the Service Fee every period until you notify [company name] that (a) You wish to terminate this agreement in accordance with the section on Termination below, or (b) you wish to use a different credit card for subsequent payments.

You are responsible for keeping your credit card information up to date in MeCovery.

You agree that if for any reason your credit card fails to be successfully processed in payment for your MeCovery subscription, after notification to you your ability to log into or use MeCovery will be suspended until the payment is made. If payment does not resume within 28 days of its failure date, this agreement will be terminated, as more fully described in the section on Termination below.

[company name] may change the Service Fee at any time at its sole discretion, provided it notifies You of any such change in advance. Upon receiving such a notification, You have the option of continuing your subscription or canceling it. Continuing to use MeCovery after receiving a notification of a price change constitutes Your agreement to the new pricing for such subsequent month.

The Service Fee does not include any federal, state, provincial or local sales, use, value-added or similar taxes, including those taxes commonly known as the GST/HST and the Quebec Sales Tax (collectively, “Sales Taxes”). If [company name] is required by law or the administration thereof to collect any Sales Taxes from You, then You shall pay such Sales Taxes to [company name] concurrent with the payment upon which the Sales Taxes are calculated. If [company name] is not required by law or the administration thereof to collect applicable Sales Taxes from You, then You shall be solely responsible for reporting and remitting such Sales Taxes to the appropriate governmental authority.

Any accrued but unpaid Service Fees may accrue late charges at the rate of 1% of the balance per month, or the maximum rate permitted by law, whichever is lower, and You give [company name] permission to charge your account for such accrued and unpaid fees at any time on or after they have accrued.

You shall be liable for all costs of collection incurred by [company name] including, collection agency fees, reasonable attorney’s fees and court costs if You fail to comply with the payment obligations set forth herein.

  1. Indemnification

You agree to indemnify and hold us and our representatives harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of: (a) content that you post or transmit (including but not limited to content that a third-party deems defamatory or otherwise harmful or offensive); (b) activity that occurs through or by use of your account (including, without limitation, all content posted or transmitted and your interactions with others); (c) your use of or reliance on any user content; and (d) your violation of these TOU. This indemnification obligation includes payment of any legal fees and costs incurred by us or our representatives. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of these claims.

  1. Disclaimers

YOUR ACCESS TO, USE OF AND RELIANCE ON MECOVERY AND CONTENT ACCESSED THROUGH MECOVERY IS ENTIRELY AT YOUR OWN RISK. MECOVERY (INCLUDING, WITHOUT LIMITATION, THE WEBSITES, PROGRAMS, SERVICES, FORUMS AND CONTENT ACCESSED THROUGH THE WEBSITES, PROGRAMS, SERVICES AND FORUMS) IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.

ALL EXPRESS AND IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, WE ALSO DISCLAIM ALL WARRANTIES FOR OR WITH RESPECT TO: (A) THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF MECOVERY AND CONTENT ACCESSED THROUGH MECOVERY; (B) COMPUTER WORMS, VIRUSES, SPYWARE, ADWARE AND ANY OTHER MALWARE, MALICIOUS CODE OR HARMFUL CONTENT OR COMPONENTS ACCESSED, RECEIVED OR DISSEMINATED THROUGH, RELATED TO OR AS A RESULT OF MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY; AND/OR (C) ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS OR COMMUNICATIONS THROUGH, RELATED TO OR AS A RESULT OF USE OF Mecovery OR CONTENT ACCESSED THROUGH MECOVERY (INCLUDING, WITHOUT LIMITATION, ACCESSED THROUGH ANY LINKS ON MECOVERY OR IN CONTENT).

THESE DISCLAIMERS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Some jurisdictions do not allow disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers as to implied warranties may not apply.

  1. Limitations of Liability

WE AND OUR REPRESENTATIVES WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY ACCESS TO, USE OF OR RELIANCE ON MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY BY YOU OR ANYONE ELSE, OR FOR ANY TRANSACTIONS, COMMUNICATIONS, INTERACTIONS, DISPUTES OR RELATIONS BETWEEN YOU AND ANY OTHER PERSON OR ORGANIZATION ARISING OUT OF OR RELATED TO MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY, INCLUDING BUT NOT LIMITED TO LIABILITY FOR INJUNCTIVE RELIEF AS WELL AS FOR ANY HARM, INJURY, LOSS OR DAMAGES OF ANY KIND INCURRED BY YOU OR ANYONE ELSE (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF WE OR OUR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF, BUT IS NOT RESTRICTED TO, WHETHER THE ALLEGED LIABILITY, HARM, INJURY, LOSS OR DAMAGES AROSE FROM AUTHORIZED OR UNAUTHORIZED ACCESS TO OR USE OF MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY; ANY INABILITY TO ACCESS OR USE MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY, OR ANY REMOVAL, DELETION, LIMITATION, MODIFICATION, INTERRUPTION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY. NOTHING IN THESE TOU WILL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES RESULTING FROM ANY TRANSACTIONS OR POTENTIAL TRANSACTIONS, GOODS OR SERVICES PROMISED OR EXCHANGED, INFORMATION OR ADVICE OFFERED OR EXCHANGED, OR OTHER CONTENT, INTERACTIONS, REPRESENTATIONS, COMMUNICATIONS OR RELATIONS THROUGH, RELATED TO OR AS A RESULT OF MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY (INCLUDING, WITHOUT LIMITATION, ANY LINKS ON MECOVERY AND LINKS IN CONTENT ACCESSED THROUGH MECOVERY).

IN NO EVENT WILL OUR OR OUR REPRESENTATIVES LIABILITY IN CONNECTION WITH ACCESS TO, USE OF OR RELIANCE ON MECOVERY OR CONTENT ACCESSED THROUGH MECOVERY BY YOU EXCEED THE AMOUNTS PAID BY YOU TO US, IF ANY. TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNTS PAID BY YOU DURING THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE SIX (6) MONTHS PRECEDING THE BRINGING OF ANY CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE IS TO STOP USING MECOVERY AND TO CANCEL YOUR ACCOUNT, IF ANY.

You hereby release us and each of our representatives, and their respective subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers and suppliers, from all claims, demands and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to MeCovery or content accessed through MeCovery, or any interactions with others arising out of or related to MeCovery or content accessed through MeCovery.

THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

  1. Damages

At our election, we may seek actual or liquidated damages. In addition to any injunctive relief, you agree to pay to us the total amount of all actual damages (including but not limited to direct, indirect, consequential and incidental damages) caused by any violation of these TOU for which you bear responsibility; except you acknowledge that, for certain TOU violations, actual damages would be extremely difficult or impossible to quantify. Furthermore, you agree that the amounts of liquidated damages described therein are reasonable estimates of our damages for such violations, and that liquidated damages for violations of these TOU are and will be cumulative.

  1. Injunctive Relief

You acknowledge and agree that any violation or breach of these TOU may cause us immediate and irreparable harm and damages. Consequently, notwithstanding any other provision of these TOU or other applicable legal requirements, we have the right to, and may in our discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of these TOU. In addition to any and all other remedies available to us in law or in equity, we may seek specific performance of any term in these TOU, including but not limited to by preliminary or permanent injunction.

  1. Release of Information

Our Privacy Policy prohibits the release of user or account information except in limited circumstances, including with express permission from the user, as and when required or permitted by law, or to comply with legal process properly served on us.

We reserve the right to disclose any personal information about you or your use of Mecovery, including its contents, without your prior permission if we have a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend our rights and property or our affiliated companies; (3) enforce these TOU; or (4) act to protect the interests of our users or others. Our performance of these TOU is subject to existing laws and legal process, and nothing contained in this TOU is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of MeCovery or information provided to or gathered by us with respect to such use.

  1. Privacy

We have established a privacy policy covering the collection, use, and disclosure of user information, which can be found at [privacy policy webpage].

  1. Miscellaneous

Copyright, Trademark and Patent Notices

Except as otherwise expressly provided, all contents of MeCovery are copyrighted. All rights reserved. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through MeCovery are our trademarks (collectively, “our marks”). These TOU do not authorize you to use our marks or any similar or related marks for any use pertaining to classified advertising, Internet advertising, social networks, online forums, online communication services or any similar or related use, or any other use that is likely to cause confusion on the part of, to cause mistake by or to deceive the public as to any affiliation, connection, association, origin, sponsorship, approval or endorsement by or with us. One or more patents owned by us apply to MeCovery and to the features and services accessible via MeCovery.

Reservation of Rights in MeCovery

Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to MeCovery, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

Entire Agreement

These TOU (along with any documents linked to in these TOU) constitute the entire agreement between you and us and supersede any prior written or oral agreement. Other than our representatives (who are expressly included as named third-party beneficiaries of these TOU), there are no third-party beneficiaries to these TOU. If any provision of these TOU is found by a court of competent jurisdiction to be unenforceable, all other provisions of these TOU will remain in full force and effect.

Governing Law; Forum

This Agreement shall be governed by the laws of the Province of British Columbia, Canada. You agree that the Supreme Court of British Columbia Court will have exclusive jurisdiction to resolve any disputes between you and [company name] concerning this Agreement, MeCovery or otherwise and you hereby irrevocably attorn to the jurisdiction of that court.

Electronic Communications

When you use MeCovery, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on MeCovery. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Electronic Contracting

Your use of MeCovery includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Termination; No Assignment

You may terminate your account and/or stop using MeCovery at any time. We may, in our sole discretion, terminate or suspend your access to all or part of MeCovery for any reason, including, without limitation, violation of these TOU and/or if we have a reasonable ground to suspect that you have violated these TOU.

These TOU and the rights granted and obligations undertaken, may not be transferred, assigned or delegated by you. Any purported attempt will be ineffective. We retain the right to transfer, assign or delegate these TOU.

Feedback

You automatically grant and assign to us, a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into MeCovery any suggestions, enhancement requests, recommendations or other feedback provided by you.

Waiver

Any failure by us to enforce or exercise any provision of these TOU, or any related right, will not constitute a waiver of that provision or right.

Last updated: June 28, 2016