Last Updated: 8/8/2019
Last Updated: 8/8/2019
The Sites are offered and available to users who are 18 years of age or older. By using the Sites, you represent and warrant that you meet the foregoing eligibility requirements. If you are under the age of 18, you may only use the Sites under the supervision of your parents or guardians. If you do not have adult supervision, you must not access or use the Sites. Moreover, the Products and Services featured on the Sites are available only in the United States. You agree not to use or attempt to use any Cove Product or Service from outside of the United States or for any illegal or unlawful purpose.
II. ACCESSING THE SITES
We reserve the right to withdraw or amend the Sites, and any Service, information or material we provide on the Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Sites is unavailable at any time or for any period.
III. INTELLECTUAL PROPERTY RIGHTS
The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Cove, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
Cove’s logos, all related names, logos, Product and Service names, trade dress, marks, and its designs and slogans are trademarks of Cove or its affiliates or service providers (collectively, the “Marks”). You must not use the Marks without the prior written permission of Cove. All other names, logos, product and service names, trade dress, marks, and designs and slogans on the Sites are the trademarks of their respective owners.
V. PROHIBITED USES
Additionally, you agree NOT to:
VI. USER POSTS
The Sites may contain message boards, chat rooms, surveys, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow Cove’s customers or other users of the Sites to post, submit, publish, display or transmit (collectively, “post”) to other users or other individuals or entities content or materials (each, a “User Post” and collectively, "User Posts") on or through the Sites.
Any User Post you post to the Sites will be considered non-confidential and non-proprietary. By providing any User Post on the Sites, you grant Cove and its affiliates and service providers, and each of Cove’s and their respective successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any material in your User Posts. You are fully responsible for any User Post that you submit or contribute to the Sites.
You represent and warrant that:
VII. MONITORING AND ENFORCEMENT; TERMINATION
Cove has the right, at its sole discretion, to:
Cove does not review all User Posts or other material before they are posted on the Sites, and cannot ensure prompt removal of objectionable User Posts or other material after it has been posted. Accordingly, Cove assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, including User Posts. Cove has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
VIII. CONTENT STANDARDS
The following content standards apply to any and all User Posts, other materials posted to the Sites, and use of Cove’s Interactive Services on the Sites. User Posts must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Posts must not:
IX. COPYRIGHT COMPLAINTS
If you believe that any User Posts violate your copyright, please send to Cove a notice of the copyright infringement in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998. It is the policy of Cove to terminate the customer or user accounts of repeat infringers. You may file a notification of such infringement with Cove’s Designated Agent as set forth below:
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the individual or entity who has provided the allegedly infringing content, and your sending to Cove such notification constitutes your consent to share this information with the alleged infringer.
You should also note that if you make any material misrepresentation in your notification regarding whether the material or activity is infringing, you will be liable for all damages, including costs and attorneys' fees, incurred by Cove or the alleged infringer as the result of Cove relying upon such misrepresentation in removing or disabling access to the material or activity you claim to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Sites, an email to a customer’s or user's email address maintained in our records, or by written communication sent by first-class mail to a user's address in our records.
X. No Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information and materials by you, by any other user or visitor to the Sites, or by anyone who may be informed of any of its contents.
The Sites may include content provided by third parties, including information or materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in such information or materials, and all articles and responses to questions and other content, other than the responses or content provided by Cove, are solely the opinions and the responsibility of the individual or entity providing those materials. These materials do not necessarily reflect the opinion of Cove. Cove is not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.
XI. Information About You and Your Visits to the Sites
XII. Authorization for Cove to Contact You.
XIII. Linking to the Sites and Social Media Features
You may link to Cove’s homepage, www.covesmart.com, provided you do so in a way that is fair and legal and does not damage Cove’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by Cove without our express written consent.
The Sites may provide certain social media features that enable you to:
You may use these features only as they are provided to you by Cove and solely with respect to the content such features are displayed with, and otherwise in accordance with any additional terms and conditions Cove provides with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with Cove in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
XIIII. LINKS FROM THE SITES
If the Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Cove has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
XV. GEOGRAPHIC RESTRICTIONS
Cove, the owner of the Sites is based in the State of Utah, U.S.A. Cove provides the Sites for use only by persons located in the United States. We make no claims that the Sites or any of the content on the Sites is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain individuals or entities or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
XVI. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITES, THEIR CONTENT AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. COVE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SITES. PRODUCT REVIEWS AND COMMENTS ARE STRICTLY THE OPINION OF THE USER POSTING SUCH REVIEWS OR COMMENTS, AND COVE DOES NOT ENDORSE OR APPROVE ANY SUCH REVIEWS OR COMMENTS. NEITHER COVE NOR ANY PERSON ASSOCIATED WITH COVE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER COVE NOR ANYONE ASSOCIATED WITH COVE REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT AND ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COVE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE COVE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
XVII. LIMITATION ON LIABILITY
IN NO EVENT WILL COVE, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY PRODUCTS, SERVICES, INFORMATION OR OTHER ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XIX. GOVERNING LAW AND JURISDICTION
XX. WAIVER AND SEVERABILITY
XXI. ENTIRE AGREEMENT
XXII. YOUR COMMENTS AND CONCERNS
The Sites are operated by Cove Smart, LLC, 14015 Minuteman Drive, Draper, UT 84020.
All written notices due or contemplated hereunder should be sent to the attention of the Legal Department as indicated below.
Cove Smart, LLC
P.O. Box 157
Orem, UT 84059
All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: www.covesmart.com/contact-us
Last Updated: 4/16/2018
Additional Terms. Please reference Cove Smart’s Terms and Conditions of Sale of Products and Services (“Terms of Sale”) which apply to your purchase of Cove’s Products and use of its Sites. Further, if you subscribe to Cove’s Services made available in connection with Cove’s Products and Sites, your use of those Services is also subject to the Terms of Sale.
The Sites are not directed to, and we do not knowingly collect any personal information from children or teenagers under the age of eighteen (18). If you are under the age of 18, please do not attempt to register with us at the Sites or provide any personal information about yourself to us. If you are under the age of 18, you may only use the Sites under the supervision of your parents or guardians.
III. INFORMATION WE COLLECT AND HOW AND WHY WE COLLECT IT
Cove collects certain information to enable you to take full advantage of our Products and Services when you register at our Sites, order Products or subscribe to Services either through our Sites or through our customer service call center, communicate with customer service representatives, participate in our promotions, surveys or activities, or otherwise communicate with Cove. If you choose, you can visit the Sites without providing us with any information about yourself.
Cove seeks to limit the collection and use of customer information required to deliver services to our customers, which includes advising our customers about our Products, Services and other opportunities, such as promotions, and to administer our business.
Personal Information You Provide to Us When You Become a Customer.
The types of PII you provide and we collect when you become a customer of Cove by Purchasing a Product or System from us include:
(i) Your name
(ii) The address of the location where the System will be installed (“Premises”)
(iii) Your billing address
(iv) Your shipping address
(v) You email address
(vi) Your telephone or mobile phone number
(vii) Age, gender and demographic information (not required to be completed)
(viii) Your user name and password for your Cove customer account (log-in credentials)
(ix) Your credit card, debit card and bank account numbers (solely for payment purposes)
Personal Information You Provide to Cove When You Subscribe to Our Services (if applicable)
When you subscribe to any of Cove’s Services, you must provide at minimum the following PII:
(i) Whether your Premises is a home, apartment or business
(ii) Name and telephone number for friends or family you would like to be contacted if an alarm, home intrusion, or life safety event is triggered.
(iii) Information such as a “verbal password” and additional information selected by you to be used to verify your identity when you communicate with customer service or with the monitoring center, or if you forget your log-in credentials for your Cove customer account.
Personal Information Collected Through a Security Camera (if applicable)
When you enable the recording features on one or more security cameras (“Camera(s)”), if any, Cove may record, store, and process video and/or audio recordings from the Cameras, depending on how you configure the Camera(s) and its settings and depending on whether Cove offers and you have subscribed to such Services from Cove. This may include capturing and making available to you portions of the recording data as part of a notification or analysis of the data to identify motion and other events. Cove may process and store information from your Camera(s), if any, so that we can send you alerts when there is any event. If you have the recording features enabled, and Cove offers recording Services to which you have subscribed, during your Camera(s) recording subscription Services period we will capture, process, and store video and audio recordings from your Camera(s) for at least thirty (30) days from the date such data is first recorded and stored on Cove’s systems (Cove’s “Date of First Capture”). During your Camera(s) recording subscription Services period, you will be able to access those recordings for up to 30 days from Cove’s Date of First Capture of such data.
NOTE: As more fully explained in the Terms of Sale, privacy laws in the state of your Premises may impose certain obligations on you and your use of Camera(s). You (not Cove) are solely responsible for ensuring that you comply with any applicable laws when you use your Camera(s). You may be required, for example, to display a notice (even inside your Premises) that alerts visitors to your Premises that you are using a Camera(s) that is recording audio and video. Your recording and sharing of videos captured using your Camera(s) that involves other people may affect their privacy rights.
Non-personally Identifiable Information (Non-PII) Cove Collects Automatically.
As is true with most websites, we collect certain non-PII information automatically when you visit or use Cove’s Sites, such as:
(i) Your IP Address;
(ii) The type of web browser you use to access the Sites
(iii) Your computer or mobile device type
(iv) Unique device identifiers for your mobile devices or tablets
(v) Operating system version you are using
(vi) The website from where you navigated to Cove Sites
(vii) Time and date of using, accessing, or otherwise interacting with our Sites
(viii) The pages on our Sites that you view
(ix) The name of your Internet service provider (ISP) and/or host information
Non-personally Identifiable Information (Non-PII) Cove Collects Through Cookies and/or Web Beacons and May Share with Third Parties, Including Our Analytics Partners.
(i) Web-Browser Cookies. Cove’s Sites may use “cookies” to enhance your user experience. Your web browser may place cookies on your hard drive for record-keeping purposes and sometimes to track information about you. A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your browser. Cookies may store unique identifiers, user preferences and other information. You may choose to set your web browser to reject cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the Website may not function properly. Please also note that “cookies” are used to collect general usage and volume statistical information that does not include PII.
(ii) Web Beacons. Cove’s Sites may also contain electronic images known as Web beacons (sometimes called single-pixel gifs) that are set by Cove’s service providers or business partners. Web beacons are used along with cookies enabling Cove and/or its partners to compile aggregated statistics and analyze how its Sites are used. Cove may use a third-party service provider or its business partners to gather information about how you and others use Cove’s Sites. For example, Cove will know how many users access a specific page and which links they clicked on. Cove uses this aggregated information to understand and optimize how Cove’s Sites are used.
Links to Third-Party Sites and Social Media.
IV. HOW WE USE YOUR INFORMATION
Legal Proceedings. We will share personal information with third party companies, organizations or individuals outside of Cove if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
(i) Meet any applicable law, regulation, subpoena, legal process or governmental request.
(ii) Enforce applicable Terms of Sale and/or a Retail Installment Agreement, if applicable, including investigation of potential violations.
(iii) Detect, prevent, or otherwise address fraud, security or technical issues.
(iv) Protect against harm to the rights, property or safety of Cove, our users, customers or the public as required or permitted by law.
V. SECURITY OF YOUR INFORMATION
The security of your information, particularly your PII, is important to Cove. Cove follows generally accepted industry standards to protect your PII, both during transmission and once we receive it. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all PII and other sensitive/payment and other information you supply is encrypted via Secure Socket Layer (SSL) technology. Cove implements a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your PII.
Because no method of transmission over the Internet, or method of electronic storage, is 100% secure, Cove cannot guarantee its security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of information at any time. WE DO NOT WARRANT OR REPRESENT THAT WE CAN GUARANTY THE SECURITY OF ANY INFORMATION THAT YOU TRANSMIT TO US WHEN YOU USE COVE’S SITES. YOU PROVIDE SUCH PERSONAL INFORMATION AT YOUR OWN RISK.
If you have any questions about the security of your information in using Cove’s Sites, Products or Services, please contact us at www.covesmart.com/contact-us.
VI. INFORMATION COVE MAY SHARE WITH THIRD PARTIES CONTENT AND LEAKS
We may collect and share information that we do not consider to be personal information or PII, such as aggregated user statistics, with third parties other than our analytics partners referenced above.
(i) Site Hosting and Designer Third Parties. We may use third party vendors to perform certain services on behalf of the Company, such as hosting the Sites, designing and/or operating website features, tracking website analytics, enabling you to purchase any goods and/or services, and allowing us to send you e-mail newsletters or perform other administrative services as well as performing other services at your request or with your consent that relate to the Company's products or services, such as, but not limited to, alarm monitoring. We may provide third parties with access to your information, including your personal information, to carry out the services that these parties are performing for you or for us.
(ii) Site Content Provided in Association with Third Parties. Access to certain areas of the Sites may be provided to you in association with third parties and may require you to disclose personal information in order to register for and access products and/or services. Such cobranded areas will identify the third-party associates. If you elect to register for products and/or services at co-branded areas you may be providing your information to both us and the third-party associates. Further, if you sign-in to a cobranded area with a username and password obtained on the Sites, your PII may be disclosed to the identified third-party associates for that co-branded area and will be subject to the third-party associates' privacy policies.
Cove does not sell, lease or transfer your PII to ANY third parties.
VII. YOUR ABILITY TO REVIEW YOUR PERSONAL INFORMATION AND REQUEST CHANGES
To change the types of communication that you receive from the Company or how you receive such communications, simply cancel or modify your communication preferences by following the instructions in the email or communication that you received or by logging into your customer account on Cove’s website and changing your communication preferences.
If you terminate your account, any association between your account and information Cove stores will no longer be accessible through your account. However, given the nature of sharing on the Cove’s Sites and Services, any public activity on your account prior to deletion will remain stored on Cove’s servers and will remain accessible to the public.
IX. HOW TO CONTACT US WITH QUESTIONS
Last Updated: 7/23/2018
These Terms of Sale constitute an agreement between you, the purchaser (“Customer”, “you” or “your”), on the one hand, and Cove Smart, LLC, a Delaware limited liability company, its subsidiaries and affiliates (collectively, “Cove”, “we”, “us” or “our”), on the other hand, and govern your purchase of life safety and home intrusion security products, medical pendants, cameras, home automation products, and other related products (each, a “Product” or collectively, the “Products” or “System”).
These Terms of Sale also constitute an agreement between you and Cove pertaining to:
(1) alarm monitoring subscription services;
(2) home automation subscription services;
(3) customer support services; and
(4) websites, mobile applications (“Applications”), interactive features and downloads that Cove owns, operates, and makes available through its websites and Applications and your use of such other mobile applications, websites, domains and sub-domains (items listed in this paragraph (4), collectively, the “Sites”) and any related services, however accessed and/or used, whether via personal computers, mobile devices, telecommunications, in person, and/or the Products (items listed in paragraphs (1), (2), (3) and (4) above, collectively, the “Services”) offered or created by Cove.
In addition, these Terms of Sale set forth your rights and obligations regarding your purchase(s) of Products and Services from Cove, including important limitations and exclusions, such as those contained in Cove’s Products and Services warranties set forth herein.
In the event that any of the terms, conditions, and notices contained in these Terms of Sale conflict with any other agreement entered into between you and Cove, including without limitation, the other terms, policies and guidelines contained within any particular section of the Sites, or with any terms included with any product or service purchased from us, then these Terms of Sale shall control. Notwithstanding the foregoing, if you have entered into a Retail Installment Agreement between you and Cove and if there are any conflicts between the terms and conditions of these Terms of Sale and that Retail Installment Agreement, the terms and conditions of the Retail Installment Agreement shall control.
1. Acknowledgment of Customer. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COVE. BY ACCEPTING THESE TERMS OF SALE THROUGH A SITE, OR BY PURCHASING, ACCESSING, OR USING ANY PRODUCTS OR SERVICES, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS OF SALE ON BEHALF OF YOURSELF AND ANY USER OR ENTITY YOU REPRESENT INCLUDING THE DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNITY OBLIGATIONS SET FORTH BELOW. YOU ALSO REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS OF SALE, THAT YOU ARE OF SUFFICIENT LEGAL AGE, ACCORDING TO THE LAWS OF YOUR JURISDICTION OR PLACE OF RESIDENCE, TO PURCHASE AND USE THE PRODUCTS AND/OR SERVICES, AND TO AGREE TO THESE TERMS OF SALE. YOUR PURCHASE AND/OR USE OF THE PRODUCTS AND/OR SERVICES OFFERED TO YOU BY COVE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE IN THEIR ENTIRETY, WITHOUT MODIFICATION BY YOU, OF THESE TERMS OF SALE. IF YOU DO NOT AGREE WITH EACH OF THE PROVISIONS OF THESE TERMS OF SALE, YOU UNDERSTAND THAT YOU SHOULD NOT SELECT THE “I AGREE” BOX ABOVE AND/OR PURCHASE OR USE COVE’S PRODUCTS AND/OR SERVICES. YOU MAY PRINT THESE TERMS OF SALE BY ACCESSING THEM AT WWW.COVESMART.COM/TERMSOFSALE AND THEN CLICKING THE PRINT BUTTON ON YOUR INTERNET BROWSER.
2. Important Limitations on Resolving Disputes between You and Cove; Rights as a Consumer in Your Jurisdiction Not Affected.Please read these Terms of Sale carefully. They require that disputes between you and Cove relating to or arising from your purchase or use of the Products and Services be resolved, in each instance, in either a small claims action or a bench trial before a judge and that you waive your right to a jury trial and/or to participate in a class action against Cove.As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability outlined in these Terms of Sales will not apply to the extent prohibited by applicable law in your jurisdiction or state of residence. For example, certain jurisdictions do not allow the exclusion of implied warranties, including exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights as a consumer you should refer to the laws applicable in your jurisdiction or state of residence. Nothing in these Terms of Sale will affect those other legal rights.
3. Right of Cove to Change these Terms of Sale from Time to Time. Cove reserves the right to alter, modify, change or update these Terms of Sale from time to time at any time determined by Cove at its sole discretion. Each time you purchase Products or Services from Cove, the Terms of Sale in effect at the time you make your purchase will apply to and govern that purchase between you and Cove. You should therefore review the Terms of Sale then in force any time you decide to make a purchase from Cove prior to making a purchase. If you purchase Services from Cove, Cove will notify you via your email address and/or through your online customer account with Cove if any changes to these Terms of Sale are made that may affect your purchase/subscription of the Services. In the event you have any questions about these Terms of Sale or any changes made to them, please contact Cove at www.covesmart.com/contact-us to receive answers to your questions.
4. Life Safety Notice. IF YOU PURCHASED A SYSTEM THAT INCLUDES SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS, OR IF YOU ADD SMOKE DETECTORS OR CARBON MONOXIDE DETECTORS AT A LATER TIME, THERE MAY BE SPECIFIC REQUIREMENTS OR STANDARDS FOR THE INSTALLATION, MAINTENANCE, PERMITS AND LOCATION OF SUCH DETECTORS. CONTACT YOUR LOCAL AUTHORITY HAVING JURISDICTION OR CONSULT A QUALIFIED PROFESSIONAL TO ASSIST IN THE INSTALLATION, MAINTENANCE AND LOCATION OF SUCH DETECTORS. YOU HAVE SOLE RESPONSIBILITY FOR COMPLYING WITH ANY AND ALL CODES, LAWS AND STANDARDS THAT MAY APPLY TO THE INSTALLATION, PLACEMENT, USE AND MAINTENANCE OF THE SYSTEM. COVE MAKES NO WARRANTY OR REPRESENTATION THAT ANY SMOKE AND/OR CARBON MONOXIDE DETECTORS SOLD BY COVE CONSTITUTES A FIRE ALARM SYSTEM OR MEETS THE REQUIREMENTS OF ANY APPLICABLE STATE OR LOCAL LAW, CODE, ORDINANCE, OR AUTHORITY IN THE JURISDICTION OF YOUR PREMISES OR ANY INDUSTRY STANDARD, INCLUDING, BUT NOT LIMITED TO, NFPA 72.
5. Fire Alarm Components. If you purchase fire alarm Products as part of your System, Cove makes no representation that the fire alarm Products meet local code requirements or constitute a “fire alarm system” as that term is defined by the Authority Having Jurisdiction (“AHJ”) over fire alarm systems where your residence (“Premises”) are located. Cove recommends that you have a fire alarm system installed by a licensed professional pursuant to NFPA 72 standards and AHJ recommendations. You also understand that only those smoke detectors you purchase from Cove, if any, are monitored by the Monitoring Company and are supplementary to your existing code-compliant system.
6. Payment Methods. Cove accepts credit cards and debit cards as forms of payment. If a credit card is being used for a transaction, Cove may obtain a pre-approval from the credit card company for an amount up to the amount due for the transaction. Charging your credit card or debit card for Membership Fees and/or Service Plans, if any, and Products occurs at the time of purchase unless you are purchasing Products pursuant to a Retail Installment Agreement, in which case the amounts due for those Products will be charged on the dates set forth therein. Cove accepts the following credit cards: Visa, MasterCard, American Express, and Discover. We may not accept prepaid debit cards on accounts with a Retail Installment Agreement. We are unable to accept credit cards issued by banks outside of the United States. Debit cards and check cards have daily spending limits that may prevent the processing of your order.
7. Recurring Payment Authorization. You authorize Cove or its assignees to charge your credit/debit card on file for your recurring monthly payments for your selected Service Plan, if any, on your monthly due date (“Payment Due Date” as further described below in Section 24). If Cove changes the recurring monthly payment amount for your Service Plan, we will send you at least ten (10) days advance notice by email to the email address on file in your customer account before the recurring monthly payment amount is changed. You also agree that Cove can charge your credit/debit card for any unpaid balance owed for Products or Services received, including the Monthly Subscription Fee (as described in Section 24 below), if any, and any late charges or interest you may have incurred for prior late payments. You certify that you are an authorized user of this credit/debit card and will not dispute these transactions with your credit card company or bank; so long as the transactions correspond to the terms of these Terms of Sale. If a Payment Due Date falls on a weekend or holiday, you understand that the payments may be executed on the next business day. In the case of a transaction being rejected for any reason, you understand and agree that Cove may at its discretion attempt to process the charge as many times as needed until the payment is received. You may change your Payment Due Date at www.covesmart.com/myaccount or by calling Cove customer support which can be reached at 855-268-3669.
8. Authorization for Cove to Contact You.You expressly authorize Cove and agree to receive pre-recorded/artificial voice messages calls and/or use of an automatic dialing device, text messages and/or emails from Cove, our partners, subcontractors, or any and all other companies that we may have to transfer your account to at any telephone number or email address that you have provided us or that we have otherwise obtained, which could result in charges to you. We may place such calls, texts or emails to (i) notify you of updates or changes to your customer account, including new purchases by you or modifications to agreements you have entered into with us, including your Retail Installment Agreement, if applicable; (ii) notify you of updates or changes to these Terms of Sale or Cove’s other terms and policies; (iii) troubleshoot problems with your account or System (iv) resolve a dispute; (v) collect a debt you owe to Cove, or any third-party providing Services to you ; or (vi) as otherwise necessary to service your account or enforce these Terms of Sale, our policies, applicable law, or any other agreement we may have with you.
The ways in which you may provide us a telephone or mobile number or email address include, but are not limited to, (1) providing the information to us at the time you (a) create your customer account, (b) make a purchase from us, or (c) you enter into an agreement with us, including a Retail Installment Agreement, if applicable; (2) by adding the information to your account at a later time; (3) providing it to one of our customer service representatives; (4) providing it to our affiliates, subcontractors, or any and all other companies that we may have to transfer your account to; or (5) by contacting us or our affiliates, subcontractors, or any and all other companies that we may have to transfer your account to from that phone number or email address. If a telephone number provided to us is a mobile telephone number, you consent to receive calls and SMS or text messages at that number. Standard telephone minute and text charges may apply if we contact you. You acknowledge that your authorization and consent for Cove to contact you via phone or email is given as bargained-for consideration of these Terms of Sale, Cove’s providing of its Services and access to the Sites, its creation of your account and/or your Retail Installment Agreement, if applicable, and as such cannot be revoked by you without the mutual consent or agreement of Cove. You further agree that all consents provided in this section will survive termination or expiration of this agreement.
9. Additional Products and Services. You acknowledge that you have selected the Products that comprise your System and the Services relating thereto based on your personal considerations, such as cost, the condition of your Premises, insurance requirements, etc. You understand that additional Products and Services, at an additional cost, may provide increased detection. You agree that any additional Products and Services you later purchase from Cove shall be subject to these Terms of Sale. You also agree to pay Cove for such additional Products or Services. You understand that Cove does not provide any installation or repair services for the System, except as expressly set forth in these Terms of Sale. You shall provide and maintain adequate power for all equipment relating to your System, including batteries as discussed below.
10. Customer’s Duty to Verify Compatibility of Products and Services. You acknowledge that prior to making your purchase of any of the Products and Services from Cove, you have verified the compatibility of the Products and/or Services with other equipment in your home, such as ensuring that the cellular signal received at your Premises is sufficiently strong to communicate with the Cove panel/digital communicator of your security or life safety System or that your heating, ventilation and air conditioning (“HVAC”) system is compatible with an automated thermostat Product or home automation System provided by Cove. You are solely responsible for determining the compatibility of the Products with other equipment in your home, and you accept that lack of compatibility is not a valid claim under the warranty provided by Cove with the Products and/or Services purchased from Cove and does not otherwise constitute a basis for receiving a refund after the 60-day Refund Period described below.
11. Nature of the Products; Installation; Testing and Ensuring Monitoring (If Applicable). You acknowledge that the Products involve a do-it-yourself installation and that Cove has no way to verify that the Products (sometimes collectively referred to herein as the “System”) are properly installed and tested at your Premises prior to any incident. You agree to self-install the System you purchase from Cove at your Premises and to follow the instructions provided by Cove in performing your installation of the System. You acknowledge that you understand that the Products (other than the Cove panel/digital communicator) are not connected to the electrical system of your Premises and require batteries to operate. THE PRODUCTS WILL NOT OPERATE, AND THE ALARM WILL NOT SOUND IF THE BATTERIES ARE LOW OR DEAD. It is your sole responsibility to maintain and replace the batteries of all component Products of the System. You agree to periodically test your System, at least monthly, observe your System, be aware of its operational status in accordance with the operating instructions and contact Cove to request assistance, if needed. In addition, as part of the installation process of the System, you are also solely responsible for ensuring that when applicable (i) the Internet connection speed at your Premises is sufficiently fast to allow for full functionality of the System and each of its component Products, particularly the streaming of video feeds from each of the System’s remote video cameras (if any are purchased by you), while your other wireless devices are in use at your Premises; and (ii) as further described below, the cellular signal reception at your Premises is continuous, uninterrupted and strong enough to provide a constant transmission signal from the System’s panel/digital communicator to the central monitoring station maintained by a professional monitoring company, in the event you subscribe to Cove’s alarm Monitoring Services (as described below in Section 24).
You understand that there may be laws, such as state statutes or local ordinances, enacted in the jurisdiction of your Premises, which are applicable to where and how to install your System. You acknowledge and agree that you are responsible for checking before installing any Cove Product that you are in compliance with all relevant laws in your jurisdiction. Cove is not responsible for any injury or damage caused by your installation of any of its Products or obligated to repair, restore, or redecorate the Premises in the event any Product is removed from the Premises.
If you wish to have your System professionally installed, you can hire, at your expense, a licensed installer of your choice to install your System for you. If available in your area, Cove will provide you with access to a communications platform for enabling the connection between individuals seeking to obtain installation services and individuals seeking to provide installation services in your area. These installers are not employees of Cove and are not affiliated with Cove. Although Cove may assist in putting you in contact with these installers to perform a professional installation of your System, Cove is not responsible for any conduct of, or liability associated with, these installers. You should do your own due diligence of the installers to select one that best fits your needs and work out a price beforehand of the costs the installers will charge you to install your System.
You may be able to utilize your existing alarm equipment with the Cove System if a component is in good working order and compatible with the Cove System and central monitoring station. Cove does not guarantee the compatibility of any of its Products with your existing alarm equipment and you are solely responsible for determining whether Cove’s Products are compatible with your existing alarm equipment before purchasing any Cove Products for use with your existing equipment. Cove also assumes no liability, and extends no warranty, for the use of any equipment or component not provided by Cove.
12. Cove’s Product Return and Services Cancellation Refund Policy.
Refund within 60 Days after purchase. If, for any reason, you decide you want to return or cancel any Product(s) and/or Services you purchased from Cove for a full refund, including a refund of all Membership Fees, if any, and fees for Services Cove has provided to you, you must notify us no later than sixty (60) days following your date of purchase (the “60-Day Refund Period”) and also ship the Product(s) you want to return to us no later than the 60-Day Refund Period. To initiate any return, you must obtain an Equipment Return Authorization from Cove by completing the required information at www.covesmart.com/myaccount or contacting Cove customer support at 855-268-3669. After you have provided the required information on the website or to Cove customer support, you will receive an email from Cove with the return instructions you must follow to receive your refund. In your return shipment, you must include the Equipment Return List provided with the email which lists the products you are authorized to return. You must return all Products on that list AND any and all Products you received at your time of purchase as promotional Products (“Promotional Products”), if any, to Cove. To receive a full refund for any Product(s) you wish to return, you must ship your Product(s), all Promotional Products and any other materials, such as operation manuals and the Cove yard sign, provided to you with the Product(s) prior to the expiration of the 60-Day Refund Period. Upon receipt of all required returned Product(s) and materials, including Promotional Products, if any, Cove will refund to you the actual price you paid for the Product(s). You will not receive a refund for any missing or damaged Product(s) or Promotional Products or for any Product(s) shipped after the 60-Day Refund Period deadline. If you do not have free shipping on your account, and use the prepaid shipping label included with the return instructions, the cost of shipping your return will be deducted from any refund due you. Cove will process the refund owed to you as soon as possible but in no event more than 30 days from the date of receipt by Cove of the returned Product(s).
Refund on Products within one year after purchase. If this benefit was offered to you at the time you purchased your Products, it will be indicated in your account in your customer portal and the applicable addendum to these Terms of Sale will be available in your customer portal regarding the terms and conditions for a return of Products within one-year of purchase at www.covesmart.com/myaccount.
Additional requirements for receiving refunds. To receive a refund in accordance with the terms listed above, ensure that the Product(s) you are returning is repackaged with all the cords, adaptors, components, and documentation that were included when you received the Product(s). Unless a Product is faulty or not as described, you will be responsible for all shipping costs associated with returning the Product to Cove (unless you have free shipping on your account). If you purchase a Bundle (multiple Products sold together at a discount), Cove will not provide a refund if you return only part of the Bundle, and you must return all of the Products sold together in that Bundle in order to receive any refund. Cove may reduce the amount of your refund to reflect any reduction in value of the Product, as determined by Cove in its sole reasonable discretion, caused by your uninstallation of the Product(s) and/or handling or damage during return shipping due to your packaging of the Products.
13. Product Exchanges. If you received the wrong Product, please reach out to Cove via phone at 855-268-3669 or contact us at www.covesmart.com/contact-us within thirty (30) days of purchasing your order. We will review your order to find the issue, and send to you the correct Product at no additional cost. We will also cover the shipping cost if we ask you to send back the incorrect Product to us. If return is requested, you must ship the incorrect Product to Cove within fourteen (14) days of receiving the email from Cove with instructions how to return the Product or you will be charged the cost of the Product.
14. Limited Warranty for Defective or Faulty Products. If any Product you receive in your order from Cove is faulty or defective or becomes faulty or defective within twelve (12) months of your purchase date of the Product or thirty-six (36) months if you have an active Service Plan at the time a Product becomes faulty or defective (each the “Limited Warranty Period”), then after receiving notification from you via phone at 855-268-3669, Cove will mail a replacement Product to you at no additional cost to you. Cove will also send you an email with return instructions and a prepaid shipping label to return the defective or faulty Product(s). In the event you fail to ship the defective or faulty Product(s) to Cove within 14 days of receiving the email with the return instructions, Cove may charge you for the full cost normally charged by Cove for the unreturned Product(s). Any amount due will be charged to your credit/debit card on file by the next bill date that is/was used for your Service Plan. If you obtain a subscription to a Service Plan that has a lifetime limited warranty at any time within the Limited Warranty Period, you shall have a lifetime limited warranty (the “Lifetime Limited Warranty”) on all Products you purchase from Cove for the entire period you maintain your subscription to such Service Plan after the Limited Warranty Period. However, if you cancel your subscription to a Service Plan with a Lifetime Limited Warranty any time after the Limited Warranty Period, then upon such cancellation the Lifetime Warranty on Cove’s Products shall immediately expire.
Cove may use reconditioned parts or components in providing replacement parts or components to you under the Limited Warranty, but Cove shall warrant any replacement parts or components provided to you only for the remainder of the applicable Limited Warranty Period or Lifetime Limited Warranty. If, after the Limited Warranty Period or expiration of the Lifetime Warranty, as explained above, any Product becomes defective or faulty, Cove will replace the defective or faulty Product(s) with new Product(s) at Cove’s then-current prices for such Product(s) plus any applicable taxes and the cost of shipping the Product(s) to you (if you do not have free shipping on your account). Notwithstanding the preceding, Cove shall have no obligation during the Lifetime Limited Warranty, if applicable, or Limited Warranty Period, or thereafter to replace batteries or any part of the Products that is rendered defective due to acts of God, any casualty, vandalism, fire, lightning, flood, water, intrusion, electrical surges, your negligence, alterations or attempted unauthorized repair service not performed by Cove, misuse, tampering, abuse, accidents, improper installation of the System or any part or component of the Products that comprise the System by you that is not in accordance with instructions provided by Cove.
15. U.S. Sales Only. Purchases of Products and/or Services from Cove are, at present, available only in the United States. You agree not to use or attempt to use any Cove Product or Service from outside of the United States or for any illegal or unlawful purpose.
17. Sales to End Users Only. Purchases made through Cove’s website or any web app or mobile app are for retail end-user customers only. Sales to dealers, resellers or distributors or any other third-party are currently prohibited.
18. Availability and Pricing. All products offered at Cove’s website are subject to availability and Cove reserves the right to impose quantity limits on any order of Products, to reject all or part of an order, and to discontinue offering certain Products and/or Services without prior notice. If any Service is discontinued, you will not be billed any new charges for that Service.
19. Prices. To finalize your order of Products and/or Services, including your subscription to a Service Plan or the Premier Membership Plan, if any, you will be required to pay, at the time you order, a total price consisting of the Membership Fee (as described in Section 22 below), if selected, the Products in your order, and the first month of your Monthly Subscription Fee (as described in Section 24 below), if any, less any discounts offered plus any applicable sales tax and shipping charges. Cove reserves the right to change, at any time, prices for Products and Services offered, and does not provide refunds in the event of a future price drop or promotional offering, or price protection on the monthly subscription rate for your Service Plan unless the Service Plan you have selected includes lifetime price protection on the monthly subscription rate for your Service Plan. If Cove increases the Monthly Subscription Fee for your Service Plan, we will send you advance notice by email to the email address on file in your customer account. In the event a Product or Service Plan is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for Products or Services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
20. Sales Tax. Sales taxes, if applicable for your Premises, will be added to your purchase(s) of Products and/or Services from Cove’s Sites based on the address of your Premises and the sales tax rate in effect at the time your transaction is completed. If the sales tax rate for your Premises changes before the Products are shipped, the rate in effect at the time your order was received will apply. You are responsible for all applicable taxes, and Cove has the right to collect any tax it believes it is obligated to collect.
21. Shipping and Delivery. Orders will be processed within five (5) business days (subject to availability of Products), and shipped via ground transportation with FedEx or other freight carrier. Arrival will typically be within five (5) days of being shipped. Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on www.covesmart.com, which may change from time to time. Title for Products you purchase passes to you at the time of delivery by Cove to the freight carrier, but Cove and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you. The estimated arrival or delivery date is not a guaranteed delivery date for your order. Refused deliveries will be returned to our warehouse. It may take up to 60 days for the returned items to be identified as refused and processed for a refund. If you have any questions about a refund for a refused delivery, you may contact us at www.covesmart.com/contact-us or call 855-268-3669.
22. Premier Membership. Cove offers a Premier Membership plan (the “Premier Membership Plan”) for a set cost to be paid in full up front (the “Membership Fee”), which will provide you with special benefits, discounts, and/or services. If purchased, the Premier Membership Plan has a term of five (5) years, unless cancelled by you (as described below). Details about the Premier Membership Plan can be found at www.covesmart.com/membership. The benefits, discounts and/or services of the Premier Membership Plan may be modified by Cove from time-to-time at Cove’s sole discretion. Nevertheless, if any benefit, discount, or service is removed by Cove from the Premier Membership Plan after the date you pay the Membership Fee, you will continue to receive the same or equivalent benefits, discounts, and/or services for the entire term of the Premier Membership Plan even after removal by Cove. In addition, if any new benefits, discounts, or services are added to the Premier Membership Plan, Cove may, at its sole discretion, provide such to you at no additional charge.
23. Service Plans Offered by Cove. Cove offers three (3) separate service plans (each a “Service Plan” or collectively the “Service Plans”) to you and its other customers. Each Service Plan provides Monitoring Services (as described below).
Types of Service Plans. The Service Plans offered by Cove consist of the following:
Basic Service Plan – See Cove’s website for details on the features, services, and/or benefits of the “Basic Service Plan.”
Value Service Plan– See Cove’s website for details on the features, services, and/or benefits of the “Value Service Plan.”
Smart Service Plan– See Cove’s website for details on the features, services, and/or benefits of the “Smart Service Plan.”
The features, services and/or benefits of each Service Plan may be modified or removed by Cove from time-to-time at Cove’s sole discretion, except for the providing of Monitoring Services. Nevertheless, if any feature, service, or benefit of the Service Plan to which you subscribed is removed by Cove after the date you subscribed to the Service Plan, you will continue to receive the same or equivalent features, services, and/or benefits after they are removed or modified from that Service Plan for the entire period you pay for the Service Plan. In addition, if any new features, services, or benefits are added to a Service Plan, Cove may, at its sole discretion, provide such to you at no additional charge.