Website Terms of Use

COVE PROPERTY MANAGEMENT, LP

The Terms of Service (“Terms”) governs your relationship with COVE PROPERTY MANAGEMENT, LP (“Cove” “we” “us” or “our”) and your (“you” or “User”) use of and access to several websites that assist us in providing you with our products and services (collectively, the “Websites”). You agree that by accessing or using the Websites, you are bound by the Terms, including our Privacy Policy, Acceptable Use Policy, and other policies that we may develop from time to time, all of which are incorporated herein.

Please read the Terms carefully before using the Website.

1. Who we are and how to contact us.

The Terms tell you the rules for using the following websites:

covecommunities.com
cove-canada.com

The Websites are operated by COVE PROPERTY MANAGEMENT, LP (“we” or “Cove” or “us”), a corporation registered in Delaware, United States, with a principal business address of 2999 North 44^th St, Suite 200 Phoenix, AZ 85018. To contact us, please email info@covecommunities.com.

2. Your Right to Use the Websites.

You may not use the Websites unless all of the following apply to you, and you affirm that all of the following apply to you:

You are at least 13 years old;
If you are older than 13 years old but younger than 18 years old, you are either an emancipated minor or you have express permission from your parent or legal guardian to use the Websites;
You are legally allowed to use the Websites where you live;
You are not using the Websites or accepting the Terms on behalf of any other entity, such as a company or organization, unless you have authority to bind that entity to the Terms;
You have not been banned by Cove from using the Websites.

3. Other Policies that Apply to Your Use of the Websites

Privacy Policy describes what Cove can do with information about you received by Cove when you use the Websites. You agree to the Privacy Policy, including the transfer of information to other countries for storage, processing, and use.
Acceptable Use Policy, which sets out the permitted uses and prohibited uses of the Websites. When using the Websites, you must comply with this Acceptable Use Policy.
If you purchase a vacation from us our booking terms will apply to the sales.
There are other terms that may apply to you.

4. We may make changes to the Terms.

We amend the Terms from time to time. Each time you wish to use the Websites, please check the Terms to ensure you understand the current version of the Terms.

5. We may make changes to the Websites.

We may update and change the Websites from time to time to reflect changes to our business, our users’ needs and our business priorities.

6. We may suspend or withdraw the Websites.

The Websites are made available free of charge. We do not guarantee that the Websites, or any Content, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Websites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

7. Representations and Warranties.

You represent and warrant to us that:

You have the legal right to post any content or materials (“Content”) posted, submitted, or otherwise provided by you to the Websites.
Your posting of any Content complies with all applicable laws, rules, and regulations.
You will comply with our Acceptable Use Policy in connection with your use of the Websites.
Content that you post on the Websites does not infringe the intellectual property rights (such as copyrights and trademark rights) of any other person or entity.
Your Content does not include non-public personal private information belonging to someone else.
You will not introduce or deliver any viruses or malicious code or do anything that could impede, overburden, or impair the proper working or appearance of the Websites.
You will not access or collect data from the Websites using automated means (without our prior permission) or attempt to access data you do not have permission to access.

8. Your License to Cove.

When you upload or post Content to the Websites, you grant us the following rights to use that Content:

A perpetual, worldwide, non-exclusive, royalty-free, transferable and assignable license to us, our affiliated companies, and necessary sublicensees to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Content; to publish your name in connection with your Content; and to sublicense such rights to third parties.
A perpetual, worldwide, non-exclusive, royalty-free, transferable and assignable license for third parties (for example, other users, our partners or advertisers) to use the Content for their purposes or in accordance with the functionality of the site.

9. Removal of Content.

We reserve the right to remove any Content that violates the Terms or Acceptable Use Policy or that, in our sole discretion, we consider objectionable. We may ban repeat offenders from the Websites. As such, we may delete Content that we deem to be:

Profane, obscene, inappropriate, or disruptive.
Indecent, sexually explicit or pornographic material of any kind–including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language.
Threats; personal attacks; abusive, defamatory, derogatory, ad hominem attacks, or inflammatory language; or stalking or harassment of any individual, entity or organization.
Impersonating any person or entity or falsely state or otherwise misrepresent an affiliation with a person or entity.
Discriminatory or containing hateful speech of any kind regarding age, ethnicity, gender, race, religion, nationality, sexual orientation, socio-economic status, political affiliations, disability or other characteristics.
False, inaccurate, libelous or otherwise misleading in any way.
Content containing or linking to any kind of virus, malware, spyware, or similar program that could cause harm to a User’s computer.
Content that promotes political campaigns, political views, and political candidates.
Any Content that might constitute a criminal offense or give rise to civil liability, or that otherwise violates local, national or international laws or regulations.
Any Content that might identify matters that are currently the subject of legal proceedings or would break a court’s non-publication order.

10. No Approval of Content.

User-generated Content is not approved by us. The Websites may include information and materials uploaded by other users of the Websites. This information and these materials have not been verified or approved by us. The views expressed by other users on the Websites do not represent our views or values.

11. Compliance by Others.

You are also responsible for ensuring that all persons who access the Websites through your internet connection are aware of the Terms and other applicable terms and conditions and that they comply with them.

12. We may transfer the Terms to someone else.

We may transfer our rights and obligations under the Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13. You must Protect your Account Information.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures (“Account Information”), you must treat such information as confidential. You must not disclose it to any third party. We have the right to disable any Account Information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the Terms. If you know or suspect that anyone other than you knows your Account Information, you must promptly notify us at privacy@covecommunities.com.

14. Your Use of the Websites.

We are the owner or the licensee of all intellectual property rights in the Websites, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may print off one copy, and may download extracts, of any page(s) from the Websites for your personal use and you may draw the attention of others within your organization to Content posted on the Websites. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio files, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of Content on the Websites must always be acknowledged in a manner consistent with applicable laws. You must not use any part of the Content on the Websites for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy or download any part of the Websites in breach of the Terms, your right to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

15. Do not rely on information on the Websites.

The Content on the Websites is provided for general information only. It is not intended to be advice upon which you should rely. You must obtain professional advice before taking, or refraining from, any action on the basis of Content on the Websites. Although we make reasonable efforts to update the information on the Websites, we make no representations, warranties or guarantees, whether express or implied, that the content on the Websites is accurate, complete or up to date.

16. Third-Party Websites.

We are not responsible for the third party websites we link to. Where the Websites contain links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.

17. Intellectual Property Infringement.

Cove does not tolerate intellectual property infringement and will take prompt action to remove or block access to properly reported infringement. The Digital Millennium Copyright Act (17 U.S.C. §512, et seq.), also known as the DMCA, provides a procedure whereby a copyright owner can provide notice that its copyrights are being infringed on a website. If you believe that a User of the Websites is infringing your copyrights, you may report it to us using one of the methods outlined below. Please note that under §512(f) of the Copyright Act, if it is determined that the copyright holder misrepresents its claim regarding the infringement of the material that is the subject of a DMCA notification, the copyright holder becomes liable for any damages that resulted from the improper removal of the material.

Mail or Email a DMCA Notification. Notify Cove and provide the information outlined below. Please be aware that in order to effect proper notification under the DMCA, all of the information must be provided. If proper notification is not given, we cannot act.
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right, for example, /John Smith/.
2. Identification of the intellectual property claimed to have been infringed.
3. A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
6. A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

Send the notification to:

Cove Property Management, LP

Attn: DMCA Notification

2999 North 44^th St, Suite 200 Phoenix, AZ 85018.

or Email: info@covecommunities.com

Effect of Proper DMCA Notification. When proper DMCA notification is received, the Content alleged to be infringing will be removed or access to it disabled. The User who posted the material will be notified that a DMCA notification was submitted and that the Content he posted has been removed or disabled. If the User requests such, a copy of the DMCA notification will be provided to him. The User may opt to file a counter-notification under the DMCA.
Counter-notification to DMCA Notification. Just as Cove does not tolerate copyright infringement, it does not tolerate false claims of infringement, either. If you believe that the Content you posted on the Websites was removed because of mistake or misidentification, §512(g) of the DMCA provides that you may file a counter-notification disputing the removal of your Content. Please note that if you do not own the copyrighted material in question, or you do not have permission from the owner to use it, you MUST NOT submit a counter-notification. Under §512(f) of the Copyright Act, any person who knowingly, makes material representations in a counter-notification may be subject to liability and the payment of damages, therefore, if you are not confident in your claims, we recommend that you seek legal advice before filing a counter-notification. If proper counter-notification is not received, our agent cannot act. Proper counter-notification must include the criteria listed below.
1. Identify the material that was removed or to which access was disabled, and the location at which the material appeared before it was removed or access to it was disabled.
2. Provide your name, postal address, telephone number, and email address.
3. Include a statement that you consent to the jurisdiction of federal District Court for the judicial district in which the address provided is located, or if your address is outside of the United States, for any judicial district in which Cove may be found, and that you will accept service of process from the person who provided the initial notification of infringement or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the removed material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Sign the paper or affix an electronic or digital signature to the communication, for example, /John Smith/.

Send the notification to:

Cove Property Management, LP

Attn: DMCA Notification

2999 North 44^th St, Suite 200 Phoenix, AZ 85018.

or Email: info@covecommunities.com

Effect of Proper DMCA Counter-notification. Upon receipt of a counter-notification in substantial compliance with the DMCA, Cove will provide the person who submitted the initial notification of claimed infringement with a copy of the counter-notification, including your personal information. By submitting a counter-notification, you consent to having your personal information shared in this manner. The counter-notification will not be shared with anybody but the original claimant. After receipt of the counter-notification, Cove will generally replace the removed material and re-enable access to it unless we receive notice from the person who submitted the initial notification that such person has filed an action seeking a court order regarding the removed material. If we receive notice that an action has been filed, we cannot restore the material. In appropriate circumstances to be determined at our discretion, we will terminate the accounts of repeat infringers.
Report Claims of Trademark/Service Mark Infringement. If you believe that a User of the Websites is infringing your trademark or service mark, you may report it to us using one of the methods outlined below.

18. You may not interfere with the Websites.

You may not access the Websites through automated means in a manner that puts excessive demand on the Websites, hack the Websites, access the Websites without authorization, access areas of the Websites that are protected by technical measures designed to prevent unauthorized access, test the vulnerability of the Websites, impersonate Cove or the Websites, by access the Websites for any purpose that competes with the interests of Cove, spam the users of the Websites, fail to respond to operational communications or requests from Cove, or any other type of interference with the Websites or Cove’s relationships with others.

19. Removal of Content and Termination of Your Access to the Websites.

At any time and for any reason or no reason, Cove may remove Content from the Websites. An invitation made by Cove to you to use the Websites or submit Content to the Websites, or the fact that Cove may receive a benefit from your use of the Websites or provision of Content to the Websites, will not obligate Cove to maintain Content or maintain your access to the Websites. Cove will have no liability to you for removing any Content, for muting or restricting your account, for suspending your account, for terminating your access to the Websites, or for modifying or terminating the Websites. Although the Acceptable Use Policy provide guidance to you regarding Content that is not appropriate, Cove is free to remove Content and modify, suspend, or terminate your access to the Websites even where the Acceptable Use Policy have been followed.

20. Communications from Cove.

You agree that Cove may communicate with you including communications sent by phone, email, text message, or other means of communication. If you provided a phone number to Cove, you are required to notify Cove when you cease to own or control that number to help prevent Cove from sending communications to others who may acquire that number.

21. Disclaimers.

The Websites are provided to you as-is and at your own risk. The Websites come with no express or implied warranties, except those that cannot be disclaimed under the law.

COVE DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, SUCH AS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Cove makes no representation or endorsement about the function of the Websites or any Content available through the Websites. Cove has no responsibility or liability to you arising from your use of the Websites. Cove has no responsibility or liability to you arising from Content provided by you or any other person, even if such Content is untrue, harmful, damaging, offensive, inappropriate, fraudulent, tortious, unlawful, contrary to social norms, etc. Although Cove may make efforts to review or monitor Content, you agree that you will not rely on this fact for any purpose. Cove has no responsibility or liability to you arising from a hacking event, data breach, theft, misuse of information, conspiracy, racket, fraud, act of terrorism, misappropriation of information, technical malfunction, interruption of service, or similar event that may cause you to suffer damage, loss, or injury, including without limitation any damage to or loss of your personal property, data, operations, information, reputation, goodwill, profits, etc.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND REGARDLESS OF THE NATURE OF THE CLAIM, COVE WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR FOR INTANGIBLE LOSSES, ARISING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE WEBSITES, OR FROM THE ACTS OR OMISSIONS OF ANY OTHER PERSON. NO DAMAGES AWARD IN FAVOR OF YOU AND AGAINST COVE MAY EXCEED THE MONETARY AMOUNT YOU HAVE PAID TO COVE TO USE THE SERVICES, EVEN IF THIS AMOUNT IS ZERO.

Different limitations and exclusions of liability will apply to liability arising as a result of a vacation you have booked with us, which will be set out in our booking terms

22. Dispute Resolution.

You and Cove mutually agree to waive, to the fullest extent permitted under applicable law, our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration as set forth below. This agreement to arbitrate (“Arbitration Agreement”) survives the termination or the Terms. To the fullest extent permitted under applicable law, any arbitration under this Section 22 will take place on an individual basis and class arbitrations and class actions are not permitted. Except as expressly provided below, this Section 22 applies to all Claims (defined below) between you and Cove, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. “Claims” means to the fullest extent permitted under applicable law, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Websites, the Acceptable Use Policy, any other goods or services made available through the Websites, the threatened or actual suspension, deactivation or termination of your membership in the Websites or this Agreement, payments made by you or any payments made or allegedly owed to you, and all other common law and statutory claims between you and Cove or its affiliates and their respective employees, officers, directors and shareholders. To the fullest extent permissible by applicable law, disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator.

Notwithstanding the preceding paragraph, neither party shall be obligated to submit to arbitration a Claim for injunctive relief, specific performance, or any other equitable remedies to which such party may be entitled.

BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND COVE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

ANY CAUSE OF ACTION OR ARBITRATION DEMAND MUST BE COMMENCED OR SUBMITTED TO THE AAA WITHIN ONE (1) YEAR AFTER THE ALLEGED INJURY HAS BEEN DISCOVERED OR REASONABLY COULD HAVE BEEN DISCOVERED. OTHERWISE, SUCH CAUSE OF ACTION OR DEMAND IS PERMANENTLY BARRED.

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) and pursuant to the applicable AAA rules. You can learn more about the AAA and its rules and processes at www.adr.org. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of arbitration rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of class, collective or representative proceeding.

If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of the Terms containing an arbitration provision. Your notice to us under this subsection must be submitted to the address here:

Cove Property Management, LP

Attn: Legal Department

2999 North 44^th St, Suite 200

Phoenix, AZ 85018

All Claims between us, whether subject to arbitration or not, will be governed by Delaware law, excluding Delaware conflict of laws rules, except to the extent that Delaware law is contrary to or preempted by federal law.

If a Claim between you and us is not subject to arbitration, you agree that the Claim must be resolved exclusively in the U.S. District Court for the District of Arizona or a state court located in Maricopa County, Arizona, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim.

If any provision of this Section is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect

23. No Commercial Use.

Please note that we only provide the Websites for domestic and private use. You agree not to use the Websites for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

24. Our Use of Personal Information.

We will only use your Personal Information (as such term is defined in the Privacy Policy) as set out in our Privacy Policy.

25. You are solely responsible for securing and backing up your Content.

26. Acceptable Use Policy

We are not responsible for computer viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our Website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our website other than that set out above, please contact info@covecommunities.com

Prohibited uses of our website

You may use our website only for lawful purposes. You may not use our website:

In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

Not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of these terms of website use.
Not to access without authority, interfere with, damage or disrupt:
- any part of our website;
- any equipment or network on which our website is stored;
- any software used in the provision of our website; or
- any equipment or network or software owned or used by any third party.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our website, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our website.
Immediate, temporary or permanent removal of any content uploaded by you to our website.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.