The terms “you,” “your,” and “yours” refer to you, the visitor to the Site. The terms “Covia Labs,” “we,” “us,” and “our” refer to Covia Labs, Inc., a Delaware corporation, and its successors and assigns. The term “Site Materials” means all materials that are part of the Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site. The term “User Content” means text, photographs, data, questions, comments, ideas, images, writings, music, sounds, audiovisual effects, artwork, design elements, graphics, suggestions, concepts, biographical information, notes, chat or message postings, content and other materials submitted by you to Covia Labs and/or to or via the Site or any Services, excluding Site Materials not created by you.
Covia Labs does not provide you with the equipment to access the Site or any Services. You are responsible for all fees charged by third parties to access the Site or any Services (e.g., charges by internet service providers). You understand that the Internet is an unsecure medium and some websites may be hostile and attempt to infect your computer system or software, or trick you into divulging personal information for illegal purposes. Use of the Site and/or Services is at your own risk and Covia Labs is not responsible for (i) any loss to you caused during or as a result of your visit to a third party web site; (ii) any fraudulent e-mail or any other fraudulent activity on the Internet; or (iii) any adverse consequences resulting from any virus, spyware or malware infecting your computer system, including without limitation, any loss of data, damage to your computer system, disclosure of personal information, identity theft or other adverse consequence. You understand that browser protection, anti-spyware, and anti-virus software can reduce risk on the Internet, but not eliminate it. You agree to take appropriate measures to protect yourself from web and e-mail fraud. You should not visit the Site or any third party websites if you are not comfortable that your computer system will be able to detect and protect itself from malware and that you will be able to protect yourself from fraud on the Internet.
- store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other Site Materials or compile or collect any Site Materials as part of a database or other work;
- use any automated tool, programs, robotic algorithms or products to automatically download or “spider” the Site or any portion thereof;
- use the Site, and Services or Site Materials for any purpose except for your own personal use;
- take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of the Site or conduct any activities on the Site intended to circumvent, bypass or disable any digital rights management, usage rules, or other security features of the Site or any Services or bypass any measures we may use to prevent or restrict access to the Site;
- use the Site or any Services in a manner that threatens the integrity, performance, or availability of the Site or any Services;
- remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or the Site Materials;
- “deep-link” to the Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Site for any purpose;
- create any frames at any other web sites pertaining to or using any of the Site Materials for any purpose;
- defame, abuse, harass, threaten, stalk, intimidate or otherwise violate the legal rights of others;
- attempt to incite illegal activity;
- use racially, ethnically or otherwise offensive language, use explicit or obscene language or post sexually explicit images or images containing nudity, violence or offensive subject matter;
- post photographs of any person without their consent;
- post or transmit, or cause to be posted or transmitted, any User Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or rights of any third party;
- use the Site or any Services for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
- post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user;
- create or submit unwanted email or spam to any other users or any URL;
- violate any laws in your jurisdiction (including but not limited to copyright laws);
- submit stories or comments linking to affiliate programs, multi-level marketing schemes, or off-topic content;
- advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; or
- attempt to impersonate another user or person.
You are prohibited from violating or attempting to violate the security of the Site or any Services. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (iii) attempt to interfere with the Site or any Services to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. Covia Labs reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
Links and Third Party Content
The Site and/or any Services may contain links to third party products, services, and websites. We exercise no control over the third party products, services, and websites and we are not responsible for their performance, do not endorse them, and you agree Covia Labs is not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. You also agree that Covia Labs is not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.
Ownership of IP
Covia Labs™, Alert & Respond™, Command & Control™, Push to Talk™, and DART™ are all trademarks of Covia Labs. All rights are reserved. All other trademarks and service marks appearing on the Site or in any Services are the property of their respective owners, including, in some instances, Covia Labs. All rights are reserved. Covia Labs’ trademarks and trade dress may not be used in connection with any product or service that is not Covia Labs’, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Covia Labs. Use of any of our trademarks, service marks or names as “metatags” on other web sites is prohibited. You may not display our Site or Site Materials in frames or “in-line links” without express written permission from Covia Labs (http://www.covia.com/contact).
You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit or in any way exploit, any of the Site Materials or content of the Services, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material you download from the Site and/or Services, except as expressly permitted herein, without the express prior written permission of Covia Labs and the owner of such Site Materials (from whom you are solely responsible for obtaining permission). You further agree and acknowledge that you shall not acquire any ownership rights (including any rights to license such material) by downloading material from the Site and/or Services.
Covia Labs has no obligation to monitor or enforce your Intellectual Property Rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content, including, without limitation, by bringing and controlling actions in your name and on your behalf (at Covia Labs’ cost and expense, to which you hereby consent and irrevocably appoint Covia Labs as your attorney-in-fact, with the power of substitution and delegations, which appointment is coupled with an interest). You agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You should also be aware that submissions of User Content may not be secure, and you should consider this before submitting any information to Covia Labs.
Disclaimer of Warranties
Limitation of Liability
We respect the intellectual property rights of others, and we ask that you to do the same. It is the policy of Covia Labs to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Site or any Services in a way that constitutes copyright infringement, please contact Covia Labs at the address below and provide the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed, and identification of the URL or other specific location on the Site where the material that you claim is infringing is located; (3) your address, telephone number, and email address; (4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Covia Labs’ designated agent for notice of copyright infringement can be reached at:
Covia Labs, Inc.
Attention: David E. Kahn
465 Fairchild Dr., Suite 130
Mountain View, CA 94043-2250
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.