Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Coventree Consulting, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 13 years old.
Without limiting any of those representations or warranties, Coventree Consulting has the right (though not the obligation) to, in Coventree Consulting’s sole discretion (i) refuse or remove any content that, in Coventree Consulting’s reasonable opinion, violates any Coventree Consulting policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Coventree Consulting’s sole discretion.
Fees and Payment
Optional services are available on the website. By selecting an optional service you agree to pay Coventree Consulting the fees indicated for that service will be charged on the day you purchase an optional service. Optional service fees are not refundable.
Content Posted on Other websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Coventree.com links, and that link to Coventree.com. Coventree Consulting does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Coventree Consulting does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Coventree Consulting disclaims any responsibility for any harm resulting from your use of other websites and webpages.
Copyright Infringement and DMCA Policy
As Coventree Consulting asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Coventree.com violates your copyright, you are encouraged to notify Coventree Consulting in accordance with The Digital Millennium Copyright Act (“DMCA”). Coventree Consulting will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Coventree Consulting or others, Coventree Consulting may, in its discretion, terminate or deny access to and use of the website. In the case of such termination, Coventree Consulting will have no obligation to provide a refund of any amounts previously paid to Coventree Consulting.
This Agreement does not transfer from Coventree Consulting to you any Coventree Consulting or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Coventree Consulting. Coventree Consulting, Coventree.com, the Coventree Consulting logo, and all other trademarks, service marks, graphics and logos used in connection with Coventree.com, or the website are trademarks or registered trademarks of Coventree Consulting or Coventree Consulting’s licensors. Other trademarks, service marks, graphics and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Coventree Consulting or third-party trademarks.
Coventree Consulting reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes acceptance of those changes. Coventree Consulting may also, in the future, offer new services and/or features through the website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties
The website is provided “as is”. Coventree Consulting and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Coventree Consulting nor its suppliers and licensors, makes any warranty that the website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the website at your own discretion and risk.
Limitation of Liability
In no event will Coventree Consulting, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Coventree Consulting under this agreement during the twelve (12) month period prior to the cause of action. Coventree Consulting shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless Coventree Consulting, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Coventree Consulting and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Coventree Consulting, or by the posting by Coventree Consulting of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of Virginia, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Loudoun County, Virginia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Purcellville, Virginia, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Coventree Consulting may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.