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Legal

Terms of Use

PLEASE READ THESE TERMS OF USE (THE “TERMS OF USE”) CAREFULLY BEFORE USING THE WEBSITE (THE “SITE”), BLOG, FORUM. MESSAGE BOARDS AND ANY OTHER PRODUCT OR SERVICES OFFERED BY THE COMPANY (COLLECTIVELY, “SERVICES”). BY ACCESSING THIS SITE OR USING ANY PART OF THE SITE OR ANY PORTION OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH IN THIS TERMS OF USE AND ALL OF THE COMPANY’S RULES AND RESTRICTIONS RELATED TO THE SERVICES, AS THEY MAY CHANGE FROM TIME TO TIME. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THE TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THE SITE OR USE ANY SERVICES ON THE SITE.

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.

Privacy Policy

Covia Labs’ current privacy policy is available below, which is hereby incorporated by this reference.

Applicability/Limited License

These Terms of Use set forth the terms and conditions which apply to your use of the Site and any Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) and other interactive features or downloads that are accessible on or downloadable through, or related to the Site. Subject to the terms and conditions of the Terms of Use, Covia Labs grants you a non-exclusive, non-transferable, limited license to use and display the Site and/or any Services for your personal (or household) non-commercial use and not for resale or further distribution (“Limited License”). Without limiting the foregoing, you agree not to use the contents of the Site for any other use or purpose. You further agree that you will not, and will not attempt to, copy or distribute the content of the Site and/or any Services to any other person unless specifically permitted by Covia Labs. Except for this Limited License granted to you, we retain all right, title, and interest in and to the Site and any Services, including all related Intellectual Property Rights (as defined below). The Site and the Site Materials are protected by applicable intellectual property laws, including United States copyright law and international treaties. The term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights. PLEASE CAREFULLY READ THESE TERMS OF USE BEFORE USING THIS SITE, AS USE OF THE SITE IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS OF USE, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. DO NOT USE THIS SITE IF YOU DO NOT AGREE.

Modification

Covia Labs reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Covia Labs will notify you by posting an announcement on the Site. What constitutes a “material change” will be determined in Covia Labs’ sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. USE OF THE SITE AND/OR ANY SERVICES BY YOU FOLLOWING SUCH NOTIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE TERMS OF USE AS MODIFIED. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT (INCLUDING TO ANY OF THE POLICIES INCORPORATED HEREIN), DO NOT CONTINUE TO USE THE SITE. Covia Labs will have the right, in its sole discretion, to determine the content, appearance, design, functionality and all other aspects of the Site. Covia Labs reserves the right to modify, change, suspend or discontinue, temporarily or permanently, all or a part of the Site or all or any part of any Services at any time without notice, including, without limitation, the availability of any feature or content. Covia Labs may also impose limits on certain features and services or restrict your access to parts or all of any Services without notice or liability to you. Covia Labs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any Services.

Access/Internet Dangers

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.

Restrictions/User Conduct

You must comply with all applicable laws and all provisions of the Terms of Use when using the Site or any Services. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to:

  • 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.
Covia Labs reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the Terms of Use, including without limitation removing any offending User Content, and terminating your access to the Site and/or any Services.

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

Unless otherwise specified in writing on the Site, the Site Materials are owned, controlled or licensed by Covia Labs and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the Site Materials is governed by these Terms of Use. The entire contents of the Site and/or any Services (including the Site Materials) are copyrighted as a collective work under the United States copyright laws and/or similar laws of other jurisdictions. Covia Labs owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to Covia Labs. Third-party content providers own the copyright in content that is original to them. All software used on this site is the property of Covia Labs or its software suppliers and protected by United States and international copyright laws.

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.

User Content/Submissions

Any User Content you transmit to Covia Labs by e-mail, through the Site or any Services or otherwise will be treated as non-confidential and non-proprietary. The Site may invite you to participate in blogs, message boards, online forums and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast User Content. You represent and warrant that all User Content submitted by you to the Site or any Service is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree that your User Content is wholly original with you and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms of Use without Covia Labs incurring any third party obligations or liability arising out of its exercise of the rights thereto granted herein by you. Without limiting the foregoing, you may not, and by using the Site or any Services you agree not to, use the Site or any Services to: (i) transmit or post any User Content that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) transmit or post any User Content that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) transmit or post any User Content that infringes on any Intellectual Property Rights of others or violates the privacy or rights of publicity of others.

You grant to Covia Labs the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual fully-paid and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, make derivative works from, re-title, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula or medium now known or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market and promote same. You further agree that Covia Labs is free to use any ideas, information, concepts, know-how or techniques contained in any User Content you send to the Site, utilize in any Services or forward to Covia Labs, for any purposes whatsoever, including, without limitation, developing, producing, marketing and otherwise exploiting products and/or services using such User Content, and without remuneration of any kind. You further perpetually and irrevocably grant Covia Labs the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligations to you. You also grant to Covia Labs the right to sub-license and authorize others to exercise any of the rights granted to Covia Labs under these Terms of Use; and each such third party will be entitled to benefit from the rights and licenses granted to Covia Labs under these Terms of Use. Without limiting the generality of the foregoing, you authorize Covia Labs to publish your User Content in a searchable format that may be accessed by users of the Site, any Services and the Internet. Except as prohibited by law, you waive any rights of attribution and/or any so-called moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.

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.

You acknowledge and agree that Covia Labs will not have any obligation to review, monitor, display, archive, maintain, accept or exploit any User Content. Covia Labs may delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice to you and without liability; provided, however, that Covia Labs reserves the right to treat User Content on the Site, or on certain portions of the Site, as content stored at the direction of users for which Covia Labs will not exercise editorial control except to enforce the rights of third parties and the Terms of Use when violations are brought to Covia Labs’ attention. Such User Content posted at your or other users’ direction need not, however, be maintained on the Site by us for any period of time and you will not have the right, once posted, to access, archive, maintain or otherwise use such User Content on the Site. You also agree and understand that Covia Labs is not obligated to use User Content and that you will not receive any additional consideration or compensation for your User Content or for any exploitation thereof.

Disclaimer of Warranties

YOUR USE OF THE SITE, THE SITE MATERIALS AND/OR ANY SERVICES IS AT YOUR SOLE RISK. ACCESS TO THE SITE, THE SITE MATERIALS AND/OR ANY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PART OF THE SITE OR ANY SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, THE SITE MATERIALS AND/OR ANY SERVICES. YOUR RELIANCE ON THE SITE, THE SITE MATERIALS AND/OR ANY SERVICES IS AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SITE, THE SITE MATERIALS AND/OR ANY SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA OR OTHER ADVERSE CONSEQUENCES RESULTING FROM YOUR ACCESSING THE SITE OR DOWNLOADING ANY MATERIAL THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SITE, THE SITE MATERIALS AND/OR ANY SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

YOUR USE OF THE SITE AND ANY SERVICES IS AT YOUR OWN RISK. TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE COMPANY’S NEGLIGENCE, SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY SITE MATERIALS AND/OR ANY RELATED SERVICES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS OF USE, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You shall indemnify, defend and hold harmless Covia Labs and its sponsors, business affiliates, subsidiaries, affiliates, officers, directors, employees, attorneys and agents, from and against any and all damages, claims and actions brought by you or any third party resulting from (i) your use of the Site and/or any Services in violation of these Terms of Use, (ii) your violation of the rights of another; and (iii) any User Content that you submit, post, transmit or otherwise make available through the Site or any Services, including without limitation, the infringement by you of any Intellectual Property Rights of any person or entity.

Copyright Infringement

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

Phone: 650-351-6444

Facsimile: 650-564-9740

Email: webmaster@covialabs.com

Electronic Communications

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.

Contract Electronically

You agree that the Terms of Use combined with your act of using the Site and/or any Services have the same legal force and effect as a written contract with your written signature and satisfy any laws that require a writing or signature, including any applicable statute of frauds. You further agree that you shall not challenge the validity, enforceability or admissibility of the Terms of Use on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print the Terms of Use.

Legal Notices

Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Site and any Services will lie in the State and Federal courts located in San Jose, California, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Covia Labs to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by Covia Labs in writing. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.