The following terms and conditions are a legally binding agreement which govern your use of our website and purchase of products on our website. Please review the entire agreement carefully. When you submit an order for our product you are certifying that you have read and agree to all terms and conditions contained in this agreement.
GENERAL TERMS AND CONDITIONS
Thank you for visiting fortcovellc.com (“Company”) website (“Website”). This Website is intellectual property of (“Company,” “we,” or “us”). By accessing this Website, purchasing products or services from this Website you agree to the following Website Terms and Conditions (“Terms and Conditions”). The posted Privacy Policy (“Privacy Policy”) and any and all other posted operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, are expressly incorporated herein by reference (collectively, the “Agreement”). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Website or purchase products from the website in any manner or form whatsoever.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. CONTINUED USE OF THE WEB SITE AFTER CHANGES AND POSTING CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
Earnings Disclaimer
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THIS TO WEBSITE AT ANY TIME. CONTINUED USE OF THE WEB SITE AFTER CHANGES AND POSTING CONSTITUTES YOUR AGREEMENT TO ANY NEW OR MODIFIED PROVISION OF THIS AGREEMENT THAT MAY BE POSTED ON THE WEB SITE.
MATERIALS IN OUR PRODUCT AND OUR WEBSITE MAY CONTAIN INFORMATION THAT INCLUDES OR IS BASED UPON FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE SECURITIES LITIGATION REFORM ACT OF 1995. ANY AND ALL FORWARD LOOKING STATEMENTS HERE OR ON ANY OF OUR SALES MATERIAL ARE INTENDED TO EXPRESS OUR OPINION OF EARNINGS POTENTIAL. MANY FACTORS WILL BE IMPORTANT IN DETERMINING YOUR ACTUAL RESULTS AND NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE RESULTS SIMILAR TO OURS OR ANYONE ELSE. NO GUARANTEES ARE MADE THAT YOU WILL ACHIEVE ANY RESULTS FROM OUR PRODUCT, IDEAS OR TECHNIQUES IN OUR MATERIAL.
As with any business, your results may vary, and will be based on your background, dedication, desire, and motivation. We make no guarantees regarding the level of success you may experience. You may also experience unknown or unforeseeable risks which can reduce results. We are not responsible for your actions. The use of our information, products, and services should be based on your own due diligence and you agree that our company is not liable for any success or failure of your business that is directly or indirectly related to the purchase or use of our information, products and services.
There is no guarantee that you will be successful using the techniques and ideas in these materials. Results vary. No express or implied guarantees of success are made by our company.
Acceptance of Agreement
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Website including, but not limited to, your purchase of Online Products through this Website. This Agreement constitutes the entire and only agreement between you and Company with respect to your use of the Website and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Website, the content contained therein and/or the analyses, research, opinions and other information provided by or through the Website. We may change the Agreement, in whole or in part, at any time without specific notice to you. The latest Agreement will be posted on the Website. Your continued use of the Website following posted notice constitutes your acceptance of all of the terms and conditions contained within the Agreement in effect at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement posted at the time of your purchase. We are not responsible or liable in any manner whatsoever for your inability to use the Website and/or obtain any Online Products. The Website and Products offered are available only to individuals who are at least eighteen (18) years of age and can enter into legally binding contracts. Company reserves the right, in its sole discretion, to deny any order of anyone at any time and for any reason, whatsoever. You certify that you are eighteen (18) years of age and agree to provide true, accurate, current and complete information when prompted for such information.
Orders/Billing
In consideration for the Products you order from Company, you agree to pay the sums listed on the Website at the time such sums are due and owing. You shall have the choice to pay with a credit card or debit card. Company’s authorization to provide and bill you is obtained by way of your electronic signature. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
Disclaimer of Warranties
THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE, OR AGAINST INFRINGEMENT; (E) WILL RESULT IN ANY SPECIFIC HEALTH-RELATED OUTCOME; AND/OR (F) WILL BE ACCURATE OR RELIABLE. THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. COMPANY IS NOT LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR OTHERWISE THROUGH OR FROM THE WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE; (C) THE FAILURE TO REALIZE ANY SPECIFIC RESULT FROM USE OF THE PRODUCT OR HEALTH-RELATED OUTCOME; AND (D) ANY OTHER MATTER RELATING TO THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE THE AMOUNT YOU PAID FOR THE PRODUCTS ORDERED AND PAID FOR ON THE WEBSITE. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE WEBSITE, THE PRODUCTS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED ON THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. ACCESS TO THE WEBSITE AND/OR THE PRODUCTS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS COMPANY LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Product Information Disclaimer
The product information provided on the Site is intended only for residents in the United States. The Site and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world (including the United States), may be available under different trademarks in different countries. The products advertised on this site have not been approved or cleared by a government regulatory body. You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of the country where you are located, including the United States.
Trademarks, Copyright and Content License
All trademarks, product names, company names and logos appearing on the Website are the property of their respective owners. The Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively “Content”) that are protected by copyrights, trademarks or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the United States copyright laws, and Company owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You agree that all rights to such Content are reserved to their respective copyright owners . You agree that the Website and the Content are and remain the sole property of Company or third-party providers, as applicable. You agree that by purchasing access to or otherwise accessing the Content, you do not receive any ownership interest in or to the Content and, instead receive a license to access, browse and/or use the Websites and the Content. Your license is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the Websites and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of such Content solely for your personal use and not for resale or distribution to anyone else. Except as expressly permitted by Company in these Terms of Use or otherwise in writing, you will not copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Website or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic. Any other use of the Content available on our Website, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited. Company makes no representation that the information in the Site is appropriate or available for use in locations outside of the United States, and access to the Company Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Indemnification
You agree to indemnify and hold Company, its parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website and products purchased there from; (b) your breach of this Agreement; and/or (c) your violation of any rights of another individual and/or entity.
Third Party Websites
The Website may contain links to other websites on the Internet that are owned and operated by third parties. Company does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Company of the applicable website or any association with the website’s operators. Because Company has no control over such websites and resources, you agree that Company is not responsible or liable for the availability or the operation of such websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Company shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
General Provisions
The Agreement shall be treated as though it were executed and performed in the State of California and shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. Should a dispute arise concerning the terms and conditions of the Agreement or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Company, California in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Website and products purchased there from. Company’s failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
Contact Us
If you have any questions about the Agreement or about the practices of Company, please feel free to contact us at support@fortcovellc.com
What is spam?
In the context of electronic messaging, spam refers to unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. fortcovellc.com has a zero-tolerance spam policy.
Automated spam filtering
fortcovellc.com ‘s messaging systems automatically scan all incoming email and other messages, and filter-out messages that appear to be spam.
Problems with spam filtering
No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered-out by fortcovellc.com’s systems.
If you believe this has happened to a message you have sent, please advise the message recipient by another means.
You can reduce the risk of a message being caught by the spam filters by sending the message in plain text (i.e. no HTML), removing any attachments, and ensuring that your messages are scanned for malware before dispatch.
User spam
fortcovellc.com provides a facility that enables users to send email messages / private messages to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for a commercial purposes.
Receipt of unwanted messages from fortcovellc.com
In the unlikely event that you receive any message from fortcovellc.com or sent using fortcovellc.com’s systems that may be considered to be spam, please contact fortcovellc.com using the details below and the matter will be investigated.
Changes to this anti-spam policy
fortcovellc.com may amend this anti-spam policy at any time by publishing a new version on this website.
Contact us
Should you have any questions about this anti-spam policy, please contact fortcovellc.com using the details set out below: support @ fortcovellc.com