Terms of Site Use

The following is the agreement ("Agreement") regarding the use of Our site (the "Website") and all information, data, software, photos, video, text, graphics, music, sounds or other material (collectively, the "Content") between the user of this Website ("You") and Us (references to "We", "Us" and "Our" mean Coverdell).

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE IT AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND GUARANTEES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) THE WEBSITE WILL BE CONSISTENTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR VIRUSES OR OTHER MALICIOUS OR HARMFUL CODE; (III) THE RESULTS OBTAINED FROM USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL AVAILABLE ON OR OBTAINED THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS, BE ACCURATE OR RELIABLE; AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE 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.

Limitation of Liability

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 WEBSITE; (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 WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) ERRORS OR VIRUSES OR OTHER MALICIOUS OR HARMFUL CODE, OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE. 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. IN ORDER TO USE THIS WEBSITE, 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.

Prohibited Use

You agree that You will not, without Our prior written permission, use the Website or any Content for purposes other than Your own personal, non-commercial use and benefit. You may not link to the Website, the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licenses to the Website or the Content other than the limited right to use the Website in accordance with these Terms and Conditions. You agree that You will not use the Website for any purpose that is unlawful.

Modification of Website

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 Website and/or the Content including, without limitation, (i) restricting the time Our Website is available; (ii) restricting the amount of use permitted; (iii) restricting or terminating any user's right to use Our Website; and (vi) modifying, supplementing and/or deleting any Content.

Site Links

Our Website 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.

Privacy

You have read Our Privacy Policy at www.coverdell.com, the terms of which are hereby incorporated herein and You agree that the terms of such policy are reasonable. You consent to the use of Your personal information by Us and/or Our third party providers and distributors in accordance with the terms and for the purposes set forth in Our Privacy Policy.

Denial of Access

This Agreement constitutes 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.

Modification of Agreement

We reserve the right to change or modify this Agreement at any time and Your continued use of this Website will be conditioned upon the Agreement in force at the time of Your use. You can always check the most current version of the Agreement at this page.

Assignment

We may assign this Agreement, in whole or in part, at any time without notice to You. You cannot assign this Agreement to any person, and any attempt to do so is void.

Intellectual Property

You acknowledge that the Website and Content are protected by copyrights, patents, trade-marks, 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., Canadian and international copyright laws. All trade-marks appearing on the site are the trademarks of their respective owners. Any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Website or any Content, in whole or in part, and any decompilation, disassembly, reverse engineering or other exploitation of the Website, without prior written permission, is strictly prohibited.

Entire Agreement

This Agreement and any document referenced herein contains all of the terms and conditions of use for this Website and no representations, inducements, promises or agreements that are not included in this Agreement shall be effective or enforceable.

Interpretation

All terms in this Agreement apply to the maximum extent permitted by law or unless prohibited by law. If any court of competent jurisdiction finds that any part of this Agreement is invalid, illegal or unenforceable, such part shall be deemed to be deleted from this Agreement, and the remaining parts of this Agreement shall continue in full force and effect. Our failure to insist on or enforce strict performance of any part of this Agreement shall not be interpreted or construed as a waiver of any provisions or rights.

English Language

The parties hereto confirm that it is their wish that this Agreement, as well as all other documents relating hereto, including all notices, have been and shall be drawn up in the English language only.

(773) 867-4400