This Coverleaf Web site ("Web site") provides access to a variety of resources, including publications and information of others and communications forums (collectively the "Services"). Coverleaf also provides access to the Texterity website which contains information regarding our company, Texterity, Inc. The Services are subject to these Terms of Use (referred to as the "Terms of Use").
The Terms of Use discuss how data obtained during your visit to this Web site may be collected and used. It also discusses important limitations about the way you may use materials you find on this Web site.
By clicking "I Accept," you accept these Terms of Use. If you do not agree to these terms of use, you may not use the Texterity or Coverleaf Web sites. The use of the words "Coverleaf," "Texterity," "we," or "us" means Texterity, Inc. and includes its affiliates, agents, licensors and licensees. The term, "you," refers to any and all persons who use the Texterity or Coverleaf Web sites. Our Web sites are always evolving; please be aware that we may change this Terms of Use from time to time. By continuing to use this Web site after we post any such changes, you accept this Terms of Use, as modified.
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
Please see The Coverleaf Privacy Policy relating to the collection and use of your information.
The content that appears on our Web sites is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Most of the content you find on our Web sites was not created, edited, or posted by us. The publications of third parties on our Web sites represent the views of third parties and are not endorsed by us, nor do we guarantee the accuracy of any publication. Before you act on information you've found on or through any of our Web sites, confirm any facts that are important to your decision. We encourage you to exercise good judgment. We invite you to bring to our attention any content on our Web sites you believe to be inaccurate, inappropriate or in violation of these rules. Please write to us at http://www.coverleaf.com/#contact.
All information, content and materials contained on the Coverleaf Web sites are our copyrighted property or the copyrighted property of our affiliates, licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our affiliates, licensors or licensees. No information, content or material from any the Coverleaf Web site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, noncommercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials and (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands. The use of any information, content or materials on a Coverleaf Site on any other Web site or computer environment is prohibited.
The Coverleaf Web sites are only for your personal use. You may not use the Coverleaf Web sites for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
We permit access to content, which is protected by copyrights, trademarks and other intellectual and proprietary rights, which along with these Terms of Use and other laws, govern your use of such content.
You are free to display and print for your personal, non-commercial use information you receive through our Web sites. You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our Web sites should be made to Texterity at http://www.coverleaf.com/#contact. The burden of determining whether any content on our Web sites is or is not protected by Rights rests with you.
In the event that it is possible and you download software from any Coverleaf Web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title to any Software to you. We or our third-party licensors retain full and complete title to all Software and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Software from Coverleaf Web sites is further subject to United States export controls. Without limiting the generality of the foregoing, no software from any Coverleaf Web site may be downloaded or otherwise exported or re-exported into any other country to which export is subject to control or licensing by the U.S. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
To obtain access to certain Coverleaf Services, you will be given an opportunity to register with our Web site. As part of the registration process, you will select a password and may be prompted to complete information about yourself ("Personal Registration Information"). Your Personal Registration Information will be subject to our Privacy Policy. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter any of our Web sites under the name of, another person. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing any of our Web sites through any password assigned to you. You will notify us in a timely manner at http://www.coverleaf.com/#contact of any known or suspected unauthorized use of your account, username, password or any other breach of security that you become aware of. We disclaim any liability for any and all losses arising from your failure to so notify us.
In the event that we enable you to submit and post your content or messages on our Web site, you will be solely responsibility for what you post and for the content of your messages, and the consequences of any such messages. You agree not to use our Web sites to send or submit materials:
Coverleaf and Texterity are passive conduits for the information on its Web sites. We cannot and do not review all content or every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any publication or submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of our Web sites if we believe you are violating any of these Terms of Use and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
Accordingly, you may not use any other user's information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, "spam," or other bulk communications or for developing lists. Any such use by you will be a violation of this Terms of Use.
You are free to encourage others to access the information on our Web sites. You are free to establish a hypertext link to any of our Web sites so long as the link does not state or imply any sponsorship or endorsement of your Web site by us or make use of a logo without written consent of the logo owner. You may not frame, or in-line link to, any of the content of our Web sites, or incorporate into any other Web site or service any of our intellectual property.
We do not want anyone to be confused about which materials and services are provided by us and which are not. You may not use any of the names, TEXTERITY or COVERLEAF, or any other trademark, service mark or trade name appearing on our Web sites without the prior written consent of the owner of the mark. TEXTERITY is the registered trademark and COVERLEAF is the trademark of Texterity, Inc. and all associated trademarks and logos are proprietary to their respective owners.
Elements of Texterity and Coverleaf Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Texterity or Coverleaf Web site may be copied or retransmitted unless expressly permitted by us.
By submitting material to or through our Web sites, you grant to us the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. You agree that we may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use. By submitting material to us, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.
If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Web site, please notify us with a message at http://www.coverleaf.com/#contact or by sending a notice by U.S. Mail to: Texterity, Inc., Attn: Copyright Infringement, 144 Turnpike Road, Southborough, MA 01772, USA. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
You agree to hold us harmless from any claim that may arise from your use of any of our Web sites.
As a convenience to you, we may provide links to third-party Web sites. Those Web sites and the parties that control them are beyond our control. We expressly disclaim any responsibility for the accuracy, completeness, or availability of any information on those Web sites and make no representations as to the content, quality, suitability, functionality or legality of any Web sites to which we may provide links. You hereby waive any claim you might have against us with respect to such Web sites and their operators. You may order services or merchandise through links on our Web sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be deemed - a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
YOU AGREE THAT USE OF THE WEB SITES IS AT YOUR SOLE RISK. OUR WEB SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TEXTERITY, INC., ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS OR CURRENTNESS OF MATERIALS AND SERVICES AVAILABLE THROUGH OUR WEB SITES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY TEXTERITY OR COVERLEAF SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TEXTERITY OR COVERLEAF SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY TEXTERITY OR COVERLEAF SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY TEXTERITY OR COVERLEAF SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any TEXTERITY or COVERLEAF Web site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any TEXTERITY or COVERLEAF Web site or third-party information, content or materials contained on our sites (including, without limitation, user generated content contained in public forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, user generated content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEB SITES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA.
OUR WEB SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER TEXTERITY, INC. NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE WEB SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR WEB SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
TEXTERITY, INC., ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR WEB SITES, OTHER THAN THOSE EXPRESS WARRANTIES TEXTERITY, INC. ITSELF SPECIFICALLY MAKES ON ANY TEXTERITY, INC. ORDER FORM.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY TEXTERITY OR COVERLEAF SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A TEXTERITY SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY TEXTERITY OR COVERLEAF SITE.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE TEXTERITY SITES AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE TEXTERITY SITES IN AN ACCURATE OR TIMELY MANNER.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
We may discontinue, change, suspend, or restrict access to any of our Web sites or any portion of our Web sites at any time without liability to you or any third party.
This Web site is controlled and operated by Texterity, Inc. from the state of Massachusetts in the United States of America. Those who choose to access our Web site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Terms of Use constitutes an agreement made in, and to be construed in accordance with the laws of, the Commonwealth of Massachusetts without regard to its conflict of law provisions. By using this Web site, you consent to the exclusive jurisdiction of the state and federal courts in Massachusetts in all disputes arising out of or relating to this agreement or any of our Web sites.
You agree not take any legal action against us that relates to or arises out of any of our Web sites without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to Texterity, Inc., Attn: Dispute, 144 Turnpike Road, Southborough, MA 01772, USA or such other designee as Texterity may identify from time to time.
In the event that any provision of this Terms of Use conflicts with the law under which this Terms of Use is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Terms of Use will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Terms of Use, or to exercise any right under the Terms of Use, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
This Terms of Use constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.
© Copyright 2008 Texterity, Inc. All rights reserved.