TERMS OF SITE USE
Effective June 2015
1. Program Benefits. As a Program member, You may access through this site discounts and/or other benefits on certain products and services offered by participating providers. Benefits are explained in this site or in Your Program Materials. Some of the Benefits may not be available in your area.
2. Disclaimer of Liabilities. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. THE PROGRAM BENEFITS AVAILABLE THROUGH OUR WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE IT AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
b. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT (i) THE PROGRAM BENEFITS WILL MEET YOUR REQUIREMENTS; (ii) THE PROGRAM BENEFITS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS OBTAINED FROM USE OF THE PROGRAM BENEFITS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH OUR PROGRAM BENEFITS WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM BENEFITS IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THE TERMS OF MEMBERSHIP.
e. FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE PROGRAM AND/OR PROGRAM BENEFITS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
f. IN ORDER TO USE THIS SITE, YOU MUST HAVE ACCESS TO THE WORLD WIDE WEB, EITHER DIRECTLY OR THROUGH DEVICES THAT ACCESS WEB-BASED CONTENT. IN ADDITION, YOU MUST PROVIDE ALL EQUIPMENT NECESSARY TO MAKE SUCH CONNECTION TO THE WORLD WIDE WEB, INCLUDING A COMPUTER AND MODEM OR OTHER ACCESS DEVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO THIS WEB SITE THROUGH AN AVAILABLE ACCESS NUMBER.
3. Modification of the Program. You agree that at our sole discretion and without prior notice or liability, We may at any time either temporarily or permanently discontinue or modify any aspect of Our site including without limitation, (i) restricting the time Our site is available; (ii) restricting the amount of use permitted; and (iii) restricting or terminating any user's right to use Our site.
4. Access to Your Account. In order to permit Us to protect the quality of Our site and services, You hereby consent to Our employees being able to access Your account and records as necessary to investigate complaints and other allegations or abuse. We shall not disclose the existence or occurrence of such an investigation unless required to by law.
5. Site Links. Our web site may include links to other Internet sites maintained by third parties ("Linked Sites"). We provide You access to Linked Sites solely as a convenience to You. We have no control over Linked Sites. You acknowledge and agree that We are not responsible for the availability of Linked Sites and You agree and understand that inclusion of Linked Sites does not imply our endorsement of the Linked Sites or any content, advertising, products or other material available from Linked Sites. You further agree that We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any Linked Sites.
7. Denial of Access. These Terms of Site Use constitute an agreement that is effective unless and until terminated by Us. If You fail to comply with any term or provision of this Agreement, You agree that We, in Our sole discretion, may terminate Your access to our Site.
9. Copyright & Trademark Notices. You acknowledge that Our Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively, "content") that are protected by copyrights, patents, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protect in all forms, media and technologies existing now or hereafter developed. All content is copyrighted under U.S. copyright laws. The Program name and logo are trademarks of Coverdell & Company, Inc. All other trademarks appearing on the Site are the trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content in whole or in part.
12. ARBITRATION. PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR'S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to Your membership ("Claim"), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association ("AAA") then in effect, subject to this Membership Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the laws of the State of Illinois without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1-16 ("FAA"), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non- representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes Your billing address at the time of the Claim, any Claim that is within the court's jurisdiction and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the state of Illinois without giving effect to the choice of law provisions thereof. The arbitrator's authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction.
Arbitration rules and forms may be obtained from the AAA at www.adr.org. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in Cook County, Illinois, unless You chose to have the hearing take place in the federal judicial district that includes Your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of Your membership as well as voluntary payment of the debt in full by You or any bankruptcy by You.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS "TERMS OF SITE USE." IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT MEMBERSHIP TERM. HOWEVER, IN THAT EVENT, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR MEMBERSHIP AT THE END OF THE MEMBERSHIP TERM.
Effective June 2015
What information is collected?
Generally, We gather Personal Information that You expressly provide when You sign up to receive information and/or enroll in the Program. This information includes, for example, Your name, mailing address, e-mail address, and phone number or some other unique personal identifier that We can use to confirm sales and billing information (e.g. city of birth or mother's maiden name). Occasionally, We may request other information from You that may be used by Our Membership Services department to confirm enrollment, update Your account or confirm Your order and so that We can improve Our program and offerings. If You use one of Our websites, We may collect data regarding Your traffic and use of the site. When You visit Our websites, cookies are placed on Your hard disk which allows a computer to remember who You are and make Your return visits to the website more convenient. We recommend that You leave cookies turned onto take full advantage of some of Our site features though they are not required.
Who is collecting the information?
How do We use the information collected?
We use the Personal Information You provide to Us to service Your Program membership and store in Our database to contact You about future Programs or other offers. For example, We request Your mailing address so We know where to send the Program Material and any other information You may request. We also may send You additional membership information such as updates about Our Program or other programs that may be of interest to You. We use Your credit card information to bill You for the membership fee. We may use Your email address to notify You of Program updates and to further provide You with additional product information and opportunities of membership or offers. The Personal Information that is collected may also be shared with other groups within the Coverdell organization, and with Coverdell’s affiliates and/or marketing partners depending on who offered You membership in the program. If Your Program involves the use of one of Our websites, the technical and statistical information that is automatically collected from Your computer whenever You visit Our website is used to help Us improve the site and the member experience. From time to time We may disclose general statistical information about Our website and its visitors such as the number of visitors, the number and type of products purchased, etc.
Do you share personal information with third parties?
We may share Personal Information with third parties whom We employ to perform functions on Our behalf. For example, We use a third party to verify and process Your credit card information in order to charge You for Your Membership fee. All third parties are contractually obligated to use Personal Information only for the purpose for which it is given. We are not responsible for the information practices of third parties. The collection, use and disclosure of information by third parties are subject to their respective privacy policies, which may differ from Our policy.
From time to time, We may also share Personal Information with Our affiliates and/or marketing partners or unaffiliated third parties who offer products and services We think will be of interest to You.
Furthermore, limited customer information may potentially be transferred as a business asset of Coverdell & Company, Inc. As We continue to develop Our business, We may buy or sell assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Our company or substantially all of its assets are acquired, customer information will of course be one of the transferred assets. In the event that customer information is transferred as described in this paragraph, members may be notified and have the ability to opt-out of having their personal information transferred to any new entity.
How do I change/modify my information?
You can change, modify or update Your member information simply by calling the customer service number on Your membership card.
How do you secure member information?
Data Security is a critical issue for Coverdell. Credit card data is always protected during transmission between Our websites and administrative environment through the use of SSL technology. Once received at Our administrative center, data is encrypted, and access to data is protected through multiple controls and security practices in accordance with PCI standards. Coverdell is a PCI certified organization.
Internal access to member information is protected and can only be accessed by password. We also contract with industry experts to institute and review web and other security on a periodic basis.
How do I contact the Program or opt out?
If You have any questions about the practices of this Program,Your dealings with any of Our websites, or to opt out of information sharing and be placed on Our Do Not Contact List, You can contact Us at 1-800-308-0374.
Effective June 2015