Cove Terms of Use

Acceptance of Terms of Use

These terms of use are entered into by and between you and Cove Smart, LLC (“Cove”, “we”, “our”, “us”). The following terms and conditions, together with any documents, agreements or policies of Cove, including but not limited to Cove’s Terms and Conditions of Sale of Products and Services (Cove’s “Terms of Sale”) and its Privacy Policy, which are expressly incorporated herein by this reference (collectively, these "Terms of Use"), govern your access to and use of Cove’s website(s), including www.covesmart.com, and mobile applications, or any other interactive features and downloads that Cove owns, operates, and makes available through its websites and mobile applications whether now existing or later developed, and your use of such mobile applications, websites, domains and sub-domains (collectively the “Sites”), however accessed and/or used by you, including any content or functionality on or through the Sites. The term “you”, as used in these Terms of Use, means any individual or entity who accesses or uses the Sites. Capitalized terms used in these Terms of Use shall have the meanings identified in the Terms of Sale and are incorporated herein.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE SITES. BY USING THE SITES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, FOUND AT WWW.COVESMART.COM/PRIVACY-POLICY, INCORPORATED HEREIN BY THIS REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITES.

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.

For the avoidance of doubt, the Terms of Sale and your Retail Installment Agreement, if applicable, govern your purchase, subscription, and use of any Products or Services you have elected to receive from Cove, including information in your customer account and management of said account, through Cove’s Sites. These Terms of Use are in addition to any such terms that may apply to you. Any conflicts between these Terms of Use and the Terms of Sale or a Retail Installment Agreement, if applicable, shall be superseded and governed by the Terms of Sale and/or your Retail Installment Agreement, if applicable. Any claims and disputes arising under the Terms of Sale or a Retail Installment Agreement, if applicable, shall be subject solely to terms contained therein and not these Terms of Use.

I. CHANGES TO THE TERMS OF USE AND SITES

Cove may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted by Cove, and apply to all access to and use of the Sites thereafter. Your continued access or use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Sites. In addition, we may update the content on the Sites from time to time, but the content on the Sites is not necessarily complete or up to date. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

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.

These Terms of Use permit you to use the Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on Cove’s Sites except for your personal use without the prior written permission of Cove. If Cove provides social media features, buttons or links, from or to Facebook, Twitter, Pinterest, Instagram, YouTube, or other social media sites, you may link to or take such actions that are enabled by such social media features.

You must not:

• Modify copies of any materials from the Sites.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text as they appear on the Sites.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites.

No right, title or interest in or to the Sites or any content on the Sites is transferred to you under any circumstances, and all rights not expressly granted are reserved by Cove. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

IV. TRADEMARKS

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

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree NOT to use the Sites:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S.A. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation material or method.
• To impersonate or attempt to impersonate Cove, any Cove employee, another Cove customer, or other user of the Sites or any other individual or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits any other individual’s use or enjoyment of the Sites, or which, as determined by Cove, may harm Cove or users of the Sites or expose them to liability.

Additionally, you agree NOT to:

• Use the Sites or any device, software or process or procedure in any manner that could disable, overburden, damage, or impair the proper working of the Sites or interfere with any other individual’s use of the Sites, including their ability to engage in real-time activities through the Sites.
• Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites, including code used to create the Sites.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which may be malicious or technologically harmful to the Sites or users thereof, including the obtaining of any Personal Identifiable Information (PII) of Cove’s customers or other users of the Sites.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored or operate, or any server, computer or database connected to the Sites.
• Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working and functionality of the Sites.

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.

All User Posts must comply with the Content Standards set out below in these Terms of Use.

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:

• You own or control all rights in and to the User Posts you provide on the Sites and have the right to grant the license granted above.
• All of your User Posts do and will comply with these Terms of Use.

VII. MONITORING AND ENFORCEMENT; TERMINATION

Cove has the right, at its sole discretion, to:

• Remove or refuse to post any User Posts for any or no reason.
• Take any action with respect to any User Posts that Cove deems necessary or appropriate if Cove believes that such User Post violates these Terms of Use, including, but not limited to, the Content Standards (explained below), infringes any intellectual property right or other right of any individual or entity, threatens the personal safety of users of the Sites or the public, is illegal or could create liability for Cove.
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites.

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:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or identity, or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other individual or entity.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability to you, Cove, and/or its affiliates, licensors or service providers, under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any individual or entity.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other individual or entity.
• Impersonate any individual or entity, or misrepresent your identity or affiliation with any individual, entity, or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, bartering or advertising.
• Give the impression that any User Posts emanates from or is endorsed by Cove or any other individual or entity, if this is not the case.

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:

• Name of Agent Designated to Receive Notification of Claimed Infringement: Attention: Copyright Complaints
• Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 157, Orem, UT 84059
• E-Mail Address of Designated Agent: legal@covesmart.com

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

All information Cove collects on the Sites is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by Cove with respect to your information in compliance with the Privacy Policy.

XII. Authorization for Cove to Contact You.

By providing your email address and or phone number to Cove via the Sites, 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, or subcontractors. 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. We may place such calls, texts or emails to (i) market or advertise new equipment or services available from Cove; (ii) notify you of special deals or sales programs or incentives implemented by Cove; (iii) notify you of updates or changes to these Terms of Use or Cove’s other terms and policies; or (vi) as otherwise necessary to provide updates about Cove or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you.

If you wish you to discontinue receiving electronic or voice communications from Cove, or otherwise opt-out of your authorization for Cove to contact you, please respond to any SMS or text with the word “STOP” or inform us on any call you receive from Cove or by contacting us that you no longer wish to be contacted by Cove. In addition, to discontinue receiving or opt-out of any or all emails or other forms of electronic mail from Cove, you must unsubscribe and/or change your subscription preferences contained within any and all said email(s) received from and/or sent by Cove, covesmart.com, or other legally authorized sender associated or in partnership with Cove. 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 Use, and Cove’s providing of access to the Sites to you, and as such shall continue until and unless revoked by you as explained above.

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:

• Link from your own or certain third-party websites to certain content on the Sites.
• Send e-mails or other communications with certain content, or links to certain content, on the Sites.
• Cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites.

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:

• Establish a link from any website that is not owned by you.
• Cause the Sites or portions of the Sites to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Sites.
• Otherwise take any action with respect to the information or materials on the Sites that is inconsistent with any other provision of these Terms of Use.

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.

XVIII. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Cove, its affiliates, licensors and service providers, and Cove’s and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, your User Posts, any use of the Sites' content, Services and Products other than as expressly authorized in these Terms of Use or Cove’s Terms of Sale, or your use of any information obtained from the Sites. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

XIX. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed according to the laws of the State of Utah, U.S.A., without reference to its conflicts of law rules. The interpretation of this Agreement shall not be construed against the drafter. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in Salt Lake County, Utah and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Terms of Use. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR COVE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR COVE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION XXI WITHIN 1 YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. DISPUTES AND CLAIMS ARISING UNDER THE TERMS OF SALE OR A RETAIL INSTALLMENT AGREEMENT (IF APPLICABLE) SHALL BE SUBJECT TO THE CORRESPONDING DISPUTE RESOLUTION PROVISIONS SET FORTH THEREIN.

XX. WAIVER AND SEVERABILITY

No waiver by Cove of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Cove to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XXI. ENTIRE AGREEMENT

These Terms of Use, Cove’s Privacy Policy, and the Terms of Sale constitute the sole and entire agreement between you and Cove with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Sites.

For the avoidance of doubt, the Terms of Sale govern your purchase and use of any of Cove’s Products or Services you have selected to receive from Cove, including account information and account management. These Terms of Use are in addition to any such terms that may apply to you. Any conflicts between these Terms of Use and the Terms of Sale shall be superseded and governed by the Terms of Sale. Any claims and disputes arising under the Terms of Sale shall be subject solely to those terms and not these Terms of Use.

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

Re: Legal Department/Terms of Use Notice

All other feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: www.covesmart.com/contact-us

Privacy Policy

Last Updated: 4/16/2018

I. INTRODUCTION

Cove Smart, LLC (“Cove”, “we”, “our”, “us”) recognizes the importance of privacy and personal information. Cove takes your privacy seriously. We believe in protecting your information as well as your person and belongings. The purpose of this privacy policy (this “Privacy Policy”) is to describe how Cove collects, manages, uses and shares information about our customers and safeguards our customers’ privacy. This Privacy Policy applies whether the information is (i) obtained through our customers, users, and visitors (“you” or “your”) to Cove’s website(s) and mobile applications, or any other interactive features and downloads that Cove owns, operates, and makes available through its websites and mobile applications and your use of such other mobile applications, websites, domains and sub-domains websites, domains, sub-domains (collectively the “Sites”), including www.covesmart.com, however accessed and/or used by you; (ii) obtained through any of Cove products used or accessed by you, including Cove’s life safety and home intrusion security products, medical pendants, cameras, home automation products, and other related products (each, a “Product” and collectively, the “Products” or “System”); and/or (iii) obtained in connection with any of the related services provided by Cove, however accessed and/or used by you, including Cove’s alarm monitoring subscription services, home automation subscriptions services, customer support services and other related services to you (the “Services”).

PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE MANAGE, PROTECT AND USE YOUR INFORMATION. IF YOU DO NOT UNDERSTAND ANY PROVISION OF THIS PRIVACY POLICY, PLEASE FEEL FREE TO CONTACT COVE AT WWW.COVESMART.COM/CONTACT-US OR AS DESCRIBED AT THE END OF THIS PRIVACY POLICY.

Scope; Third Party Sites. This Privacy Policy applies only to information we collect at and through the Sites. Cove’s Sites may contain links to third party sites that are not owned or controlled by Cove. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave Cove’s Sites and to read the privacy statements or policies of each and every website that collects personal information.

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.

II. PURPOSE OF THIS PRIVACY POLICY AND HOW IT AFFECTS YOU

The purpose of this Privacy Policy is to clearly and concisely inform you of: (i) the information we collect through the Sites and/or your use of the Products and Services; (ii) how we use that information; (iii) what, if any, information we may share and with whom; (iv) how we protect that information; and (v) how you can obtain access to and review your Personally Identifiable Information (“PII”) collected through the Sites and/or your use of the Products and Services and request modifications and corrections. Any personal or other information we collect that can be used to uniquely identify or contact a single person is PII. Protecting your PII is a core value at Cove and this Privacy Policy is designed to explain to you in plain language how and what kinds of information we collect (public and PII), how Cove itself, and through third party services, uses “tracking” technology during your visits to the Sites and/or use of the Products and Services, how the Company uses the information it collects and how we protect that information. In addition, this Privacy Policy clearly explains the steps that you should take if you desire to opt-out of our personal information collection process and how to review and request modification of your personal information that Cove may have collected.

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 seven (7) 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 7 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.

In addition to your personal information, including PII, Cove also collects non-personal identifiable information (non-PII) through the use of cookies and web beacons, either on its own or through our analytics partners as described below:

(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.

(iii) Analytics Partners. By using Cove’s Sites, you consent to the processing of data about you by our analytics partners in the manner and for the purposes set out above regarding the use of cookies and web beacons. Currently, our analytics partners include, without limitation, Google Analytics, Facebook, Twitter Analytics, and Open Graph. Cove has no ability to control or monitor our analytics partners' data collection or data use practices with respect to the information they collect from Cove’s sites. You should visit the websites of our analytics partners for more information about how they use and protect non-PII. Cove uses analytics partners, who use cookies and web beacons to perform their services, to help us understand how visitors use our Sites and to compile reports on website activity, to analyze our customers, including your use of our Sites and our relationship with you, so that we can improve our Sites, and give us data about where visitors, users and customers are clicking on our Sites.

Links to Third-Party Sites and Social Media.

Our Sites may contain links to other websites operated by third parties including, but not limited to, social media features such as Facebook, Twitter, Instagram, YouTube, and Pinterest buttons or links. These third-party sites may collect information about you if you click on a link and the social media sites may automatically record information about your browsing behavior every time you visit a site that has a social media button. Your interactions with these features are governed by the privacy policy of the company providing the link, not this Privacy Policy.

IV. HOW WE USE YOUR INFORMATION

To Provide Products, Services, and Information to You. As described above, Cove collects information from you so that we can provide the Products and Services that you purchase from us, and to provide information that you request from us. This includes sending you alarm alerts and important service information about your System and our Products and Services. We may use the information that we collect about you to accomplish any of the following: (1) provide you with information, services, or process transactions that you have requested or agreed to receive, including sending electronic newsletters, or providing you with special offers or promotional materials on behalf of Cove or third parties; (2) enable you to participate in a variety of the features on the Sites; (3) process your registration with the Sites, including verifying that your email address is active and valid; (4) improve and customize your experience when you contact the Sites; (5) contact you regarding your use of the Sites and, in our discretion, changes to the Sites or the policies that apply to them; (6) comply with court orders, valid subpoenas, and/or other applicable laws and regulations; (7) to improve and enhance the Products and Services you purchase from Cove; (8) for Cove’s other business purposes; and (9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy. If you provide comments or commentary or other materials to the Sites, we may use these comments and materials as provided (or in a reasonably similar manner), which may include your full name and other information as further set forth in the Terms of Sale.

Your Consent. Except as otherwise provided in this Privacy Policy, we will share personal information with companies, organizations or individuals outside of Cove only when we have your consent to do so.

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.

Transfer in the Event of Sale or Change of Control. If the ownership of all or substantially all of Cove’s business changes or we otherwise transfer assets relating to our business or the Sites, Products and/or Services to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted or otherwise directed by applicable law, your information would remain subject to the terms of the applicable Privacy Policy in effect at the time of such transfer.

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.

(iii) Cove’s Service Providers and Affiliates. Cove may share your PII with its service providers, business partners, subsidiaries and affiliates; and, if Cove does so, it will require those third parties to protect your PII in compliance with the terms of this Privacy Policy.

Cove does not sell, lease or transfer your PII to ANY third parties.

VII. YOUR ABILITY TO REVIEW YOUR PERSONAL INFORMATION AND REQUEST CHANGES

Changes to Your Personal Information and Preferences. You are solely responsible for the accuracy and content of any personal information that is submitted to the Sites (or which may be collected by the Company pursuant to this Privacy Policy). You have the right to review your PII that we have collected from you. After you review such information, if you decide to change the personal information that we have on file for you, send your request to Cove at www.covesmart.com/contact-us.

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.

VIII. CHANGES TO OUR PRIVACY POLICY

Cove may update and amend this Privacy Policy from time to time. Use of information Cove collects now is subject to the Privacy Policy in effect at the time such information is used. If Cove amends this Privacy Policy, it will notify you by posting an announcement on Cove’s Sites and/or on your customer account. You can find the current version of this Privacy Policy at any time at www.covesmart.com/privacy-policy. If Cove makes any material changes to this Privacy Policy, we may also choose at our discretion to notify you by sending you an email.

You are bound by any update and amendment to the Privacy Policy when you keep using the Sites and/or Cove’s Services after such update or amendment has been first posted on Cove’s website and/or your customer account.

IX. HOW TO CONTACT US WITH QUESTIONS

If you have any questions, comments or requests regarding the Privacy Policy, please contact Cove at www.covesmart.com/contact-us.

Terms and Conditions of Sale of Products and Services

Last Updated: 8/26/2020

These Terms and Conditions of Sale of Products and Services together with the End User License Agreement (“EULA”) of RapidSOS, Inc., a Delaware corporation (“RapidSOS”) included as an Addendum hereto (collectively “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”), and with regard to its EULA only, RapidSOS, on the other hand, and govern your purchase and use of:

(1) home and business intrusion security products, including control panels, sensors, detectors, and key fobs (collectively “Security Equipment”); smoke detectors, CO detectors, flood/freeze detectors, and medical pendants (collectively “Life Safety Devices”); indoor, outdoor and doorbell cameras (“Cameras”) and any other video-related equipment (collectively “Surveillance Equipment”); home automation products, including smart lights, smart plugs, smart thermostats, garage door sensors and openers, and automatic door locks (collectively “Home Automation Products”) and other related products (Security Equipment, Life Safety Devices, Surveillance Equipment (including Cameras) and Home Automation Products are hereinafter referred to each as a “Product” and collectively, as the “Products” or your “System”);

(2) alarm monitoring and dispatch subscription services;

(3) home automation subscription services;

(4) customer support services; and

(5) websites, mobile applications (“Applications”), interactive features and downloads that Cove owns, operates, and makes available through its website found at www.covesmart.com (the Cove “Website”) and Applications and your use of such other mobile applications, Website, domains and sub-domains (items listed in this paragraph (5), 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 and this parapraph (5), 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.

PLEASE READ THESE TERMS OF SALE CAREFULLY. These Terms of Sale represent the terms and conditions under which we are willing to sell you the Products and provide you the Services and access to the Sites.These Terms of Sale contain important disclaimers, limitations of liability and indemnity obligations applicable to the Products, Services and Sites and requires that you resolve disputes in small claims court, when applicable, or through a court bench trial rather than jury trials or class actions (as describe in Section 54 below). By selecting “I agree” or purchasing the Products or Services, you agree that you have read these Terms of Sale and are legally bound by these Terms of Sale, including the disclaimers, limitations of liability, indemnity obligations and dispute resolution process outlined herein. The Cove Privacy Policy found at www.covesmart.com/privacy-policy is incorporated by reference into these Terms of Sale. You may print these Terms of Sale by clicking the print button on your Internet browser.

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.

1. Acknowledgment of Customer. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COVE. BY AGREEING TO THESE TERMS OF SALE THROUGH A SITE, OR BY PURCHASING, ACCESSING, OR USING ANY PRODUCTS OR SERVICES, YOU ARE AGREEING TO AND ACCEPTING 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 AGREE TO AND ACCEPT 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 YOU AGREEING IN THEIR ENTIRETY, WITHOUT MODIFICATION BY YOU, TO 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 AND/OR PURCHASE OR USE COVE’S PRODUCTS AND/OR SERVICES. YOU MAY PRINT THESE TERMS OF SALE BY SELECTING THE “PRINTABLE” OPTION AT ANY TIME DURING YOUR REVIEW OF THEM OR BY ACCESSING THEM VIA COVE’S WEBSITE 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 Sale 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 a professional monitoring company (the “Monitoring Company”) of Cove’s choosing at a central monitoring center (the Monitoring Company’s “Central Station”) 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. Ongoing charges to your credit card or debit card for Service Plans (defined below in Section 24), if any, will occur monthly beginning with the first payment due at the time of purchase and continue each month thereafter on that same day unless another date of the month is specified or requested by you. Cove accepts the following credit cards: MasterCard, American Express, and Discover. At Cove’s option, we may not accept prepaid debit cards on any purchase or transaction for any reason. 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 make electronic funds transfers (each an “EFT”) and/or Automated Clearing House transfers (each an “ACH Transfer” and collectively with EFT, “Transfers”) from your bank account or 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”). 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 may change your Payment Due Date at www.covesmart.com/account or by calling Cove customer support which can be reached at (855) 268-3669. You also agree that Cove can charge your credit/debit card for any unpaid balance owed for Products or Services received, including amounts owed for Products if you choose the Pay Later Option (defined in Section 8 below), if any, the Monthly Subscription Fee (as described in Section 25 below), if any, and any late charges or interest you may have incurred for prior late payments. You agree to provide a valid credit/debit card for your payments and to update your credit/debit card account information as needed at www.covesmart.com/account or with Cove Customer Support which can be reached at (855) 268-3669. 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 event any direct payment transaction is returned, declined or rejected for any reason, you understand and agree that Cove may at its discretion continue to attempt to process the charge and you will be liable for a $20.00 return/decline fee for each of Cove’s attempts to collect which is returned or declined. All returned or declined payments will be initiated as a separate transaction from the authorized recurring payment. Client authorizes Company, at its sole discretion, as many Transfer attempts from Client’s bank account or credit/debit card, as Company deems necessary, each month for the total amount of Monthly Monitoring Fee(s) owed by Client during the Term of this Agreement when any Monthly Monitoring Fee payment from Client is returned or declined. You agree not to dispute this recurring billing with your credit card company or debit card company so long as the transactions correspond to the terms set forth in these Terms of Sale. You acknowledge and agree that you will be responsible for all overdraft charges or other charges imposed by your credit or debit card company in connection with Cove’s attempts to obtain payment of amounts due under this Agreement. You further authorize Cove to use all payment methods provided by Client to be used for the collection of payments due under these Terms of Sale.

9. 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; (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; (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 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.

10. 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.

11. 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 or business, such as ensuring that the cellular signal and Wi-Fi signal (if your System uses Cameras) received at your Premises is sufficiently strong to communicate with the Cove panel/digital communicator and Cameras (if applicable) of your System or that your heating, ventilation and air conditioning (“HVAC”) system is compatible with a smart thermostat Product or other Home Automation Products provided by Cove. You are solely responsible for determining the compatibility of the Products with other equipment in your home or business, and you agree 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.

12. 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 Station maintained by the Monitoring Company, in the event you subscribe to Cove’s alarm Monitoring Services (as described below in Section 25).

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 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.

13. Cove’s Product Return and Services Cancellation Refund Policy.

1. Refund 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 and/or Activation Fees, if any, and fees for Services that Cove has provided to you, you must notify us no later than sixty (60) days following your date of purchase (the “Refund Period”) and also ship the Product(s) you want to return to us no later than the Refund Period. To initiate any return, you must obtain an Equipment Return Authorization from Cove by completing the required information at www.covesmart.com/account or contacting Cove customer support at (855) 268-3669. After you have provided the required information on the Cove 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 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) or credit the unpaid balance owed for the Product(s), if applicable. You will not receive a refund or credit for any missing or damaged Product(s) or Promotional Products or for any Product(s) shipped after the 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 may 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).

2. Additional requirements for receiving refunds or avoiding charges for an unpaid balance owed for Product(s) received. To receive a refund or avoid being charged by Cove for the unpaid balance owed for Product(s) you have received in accordance with the terms listed above, ensure that the Product(s) you are returning within the 60-day Refund Period are 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(s) 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 or avoid being charged by Cove for the unpaid balance owed for equipment you have received. Cove may reduce the amount of your refund, or charge you the appropriate amount if you have not previously paid for your equipment in full, to reflect any reduction in value of the Product, as determined by Cove in its sole reasonable discretion, caused by your failure to protect the Product(s) from damage, uninstallation of the Product(s) and/or handling or damage during return shipping due to your packaging of the Products.

14. 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.

15. 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 (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 Security Equipment and Life Safety Devices you purchase from Cove ; therefore, the Lifetime Limited Warranty does NOT apply to any Surveillance Equipment (including Cameras) and/or Home Automation Products purchased from Cove, each of which is covered by a one-year manufacturer warranty. The Lifetime Limited Warranty on all Security Equipment and Life Safety Devices shall continue 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.

16. 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. Cameras. If your System includes any Camera or other Surveillance Equipment, then with respect to Cameras, you acknowledge, understand and agree that (i) Cameras are intended to assist you, Cove and the Monitoring Company in the verification of alarm events at your Premises, not to reduce or eliminate any risk of loss, (ii) Cameras are not intended to detect or prevent unauthorized intrusion onto your Premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage, (iii) you will use Cameras solely in connection with lawful recording practices on or near your Premises that at all times comply with these Terms of Sale, and no other purpose, (iv) you shall not use Cameras, or permit the use of the Cameras, for any illegal or unlawful purpose, (v) you shall not use or permit the use of Cameras installed with a view where any person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas, (vi) you shall instruct all persons who may use Cameras of any limitations with respect to the Cameras, (vii) you shall notify any person whose oral communication may be intercepted, recorded or transmitted by the Cameras of any such interception, recording or transmission, and (viii) when and to the extent restricted or otherwise prohibited by applicable laws, YOU SHALL NOT INTERCEPT, RECORD OR TRANSMIT ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON’S PERMISSION TO DO SO. Please refer to Cove’s Privacy Policy at www.covesmart.com/privacy-policy for important information regarding the recording of audio or video.

You acknowledge and agree that if you receive Monitoring Services from Cove, then the Monitoring Company shall have the rights set forth in Section 26 hereof below pertaining accessing, recording and maintaining audio and video transmissions, data and other communications received from your System, including Cameras and any other Surveillance Equipment.

18. 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 prohibited except where expressly authorized by Cove in writing.

19. 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.

20. 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 place your order, a total price consisting of (i) the Membership Fee (as described in Section 23 below), if selected; (ii) the Products in your order, , unless you have selected the Pay Later or Pay Never Options (as described in Section 8 above); and (iii) the first month of your Monthly Subscription Fee (as described in Section 25 below), if any, less any discounts offered plus any applicable activation fee, 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 charged to your credit or debit card.

21. 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.

22. 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.

23. Premier Membership. Cove may offer 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.

24. 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).

1. 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.”

   • Plus Service Plan – See Cove’s Website for details on the features, services, and/or benefits of the “Plus 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.

2. Cancelling Your Service Plan. Excluding the obligations you owe to Cove to pay the price of the Product(s) you purchased before cancelling your Service Plan during the Minimum Service Period (i.e. the Pay Later Option), if applicable, you may cancel your Service Plan at any time by cancelling your subscription to the Service Plan in your customer portal at www.covesmart.com/account or by calling Cove at (855) 268-3669. Step-by-step instructions are also available at support.covesmart.com. If you have fulfilled your applicable obligations, upon receiving your request to cancel, Cove will provide to you notice of termination of your Service Plan by email sent to the email address on file with Cove for your customer account. Your Service Plan, which includes Monitoring Services (as defined above), will terminate at the end of your current prepaid monthly subscription term. Upon termination of a Service Plan, Cove shall have no further obligation to provide the Services applicable to your Service Plan, and you shall have no further obligations to Cove except your obligation to pay any monies owed for Product(s) received and/or Services rendered but not paid for by you as of the date of termination. Notwithstanding the foregoing, Cove shall refund any unearned Services charges with respect to any full calendar month following any termination where the Services advances for such month were paid by you in full for such month. Cove shall not refund any unearned Services charges with respect to any partial calendar month following any termination. There are no termination fees. Subject to your obligations to pay the price of the Product(s) you purchased before cancelling your Service Plan during the Minimum Services Period (i.e. the Pay Later Option), if applicable, you may terminate your Service Plan for any reason or no reason by following the process set forth in this subsection. If you later choose to re-subscribe to a Service Plan, then you will receive the features, services, and/or benefits offered by Cove for that Service Plan at the time you re-subscribe, which may differ from those you received at the time you originally subscribed to that Service Plan before termination.

25. Monitoring Services. If you choose to purchase and subscribe to any of Cove’s Service Plans, you will receive monitoring services from Cove which includes monitoring your home or business System, as applicable, and notifying you and/or your emergency contacts (“Emergency Contacts”), and relevant governmental authorities (“Authorities”), as more fully discussed below, of any alarm codes triggered in your System depending on the Products you purchase from Cove (“Monitoring Services”). Cove will cause the Monitoring Company selected by us to provide monitoring center signal receiving and notification services with respect to your Premises. If you purchase Cove’s Monitoring Services, you agree to be bound by all conditions that apply to professionally monitored customers as set forth in these Terms of Sale below and as dictated by the Monitoring Company. In the event you choose to self-monitor your Premises using the Products and not purchase, suspend, or otherwise forego the Monitoring Services offered by Cove, you agree that you assume full responsibility for any damages caused by your failure to have your Premises monitored. Cove requires a month-to-month commitment from you for Monitoring Services until and unless terminated in accordance with subsection 25. c. below. When you purchase Monitoring Services with your initial purchase of Products and your Service Plan, you must pay the monthly rate for your Service Plan in advance for the upcoming month. For each month you receive Monitoring Services, you agree to pay each month in advance the monthly subscription rate applicable to the Service Plan you have chosen plus applicable governmental fees and taxes (the “Monthly Subscription Fee”) to Cove. Your Monitoring Services will begin once you have completed the installation of your System by following the on-screen instructions on your Cove panel/digital communicator. When your installation is complete, your System will then be placed on a two-hour testing period for you to become familiar with your System without triggering false alarms. After that testing period ends, your Monitoring Services will be activated. You will be given 15 days of free Monitoring Services from the date you purchase your System and Service Plan to provide you with ample time to install your System. Your monthly subscription term paid for by your Monthly Subscription Fee will begin at the end of that 15-day period no matter when the Monitoring Company actually begins to provide your Monitoring Services. You will receive continuing Monitoring Services as part of your Service Plan and you will be billed on the Payment Due Date – the monthly anniversary of the purchase date for your Service Plan for each successive monthly subscription term thereafter until and unless you cancel your Service Plan and Monitoring Services. Accordingly, your Payment Due Date for the Monthly Subscription Fee is the monthly anniversary of when you purchased your System although your Monitoring Services run month-to-month from the 16th day after you make your purchase. You may cancel your Monitoring Services at any time but you will owe the cost of, and continue to receive, Monitoring Services for the entire remaining period of the then-current monthly subscription term following cancellation. We may impose a late charge on each payment of the Monthly Subscription Fee owed for any month you use or subscribe to Monitoring Services that is not paid within fifteen (15) days of the date due equal to the lesser of (i) the maximum amount permitted by law, and (ii) interest as of the due date at the rate of 1.5% per month (18% per year). The provisions of this Section 25 are subject to the Product Return and Services Cancellation Refund Policy provisions of this Agreement.

If you elect to receive Monitoring Services from Cove, then to ensure effective monitoring of your System, you must cooperate with Cove and the Monitoring Company and implement certain safeguards. As may be further referenced in these Terms of Sale, you agree to (i) read all operations/user’s manuals for your System, and to operate and maintain the System according to those instructions; (ii) test the System as needed, or at a minimum monthly, and to notify Cove immediately if you find anything wrong; (iii) replace batteries in the System components as necessary; (iv) not tamper with, disturb, damage, remove, or interfere with the System or allow anyone else to do so; (v) keep the System and its components in the same location as originally installed by you; (vi) avoid doing anything that might damage the System or that might cause false alarms; (vii) keep your information, including Emergency Contacts (defined below) information, updated of any changes by notifying Cove in writing at www.covesmart.com/contact-us or by making changes using your customer portal at www.covesmart.com/myaccount; and (viii) pay any fines that result from false alarms.

26. Central Station Monitoring. Monitoring of your System will begin when the necessary signal connections are made and the System is placed into service by you. Upon receipt of an alarm event signal from your System, Cove and/or the Monitoring Company will make every reasonable effort to notify you and the appropriate public-safety answering point (PSAP) that will then dispatch municipal police, medical personnel, or fire department (collectively, “Emergency Responders”) to your home or business depending upon the type of signal received. Not all signals will require notification to Emergency Responders and you may obtain a written response policy from Cove upon request. No response shall be required for supervisory, loss of electric or communication pathway, trouble or low battery signals. You acknowledge that signals which are transmitted over high speed Internet, cellular, or other modes of communication pass through communication networks wholly beyond the control of Cove and the Monitoring Company and are not maintained by either Cove or the Monitoring Company, and neither Cove nor the Monitoring Company shall be responsible for any failure or interruption in any such networks which prevents transmission signals from reaching the Central Station monitoring center operated by the Monitoring Company or damages arising therefrom, or for data corruption, theft or viruses to your computers if connected to the alarm communication equipment of your System. You acknowledge that Cove does not represent or warrant that your System may not be compromised or circumvented, including by hacking or otherwise.

1. Emergency Contact Information. You agree to furnish Cove with a written call list of names and telephone numbers of those persons you wish to receive notification of alarm signals (“Emergency Contacts”). You agree to provide Cove with up-to-date information for your Emergency Contacts as necessary on an ongoing basis to enable such notification. Cove and the Monitoring Company are entitled to rely solely on the Emergency Contacts information provided in writing by you to Cove. Unless otherwise provided in the call list, Cove and/or the Monitoring Company will make a reasonable effort to contact the first person reached or notified at the Premises or on the list of Emergency Contacts either via the Cove panel/digital communicator, telephone/cellular phone call, text or email message. No more than one call to a person on the Emergency Contacts list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with Cove’s and/or the Monitoring Company’s notification obligation. All changes and revisions to your Emergency Contacts list shall be supplied to Cove in writing at www.covesmart.com/contact-us or using your customer portal at www.covesmart.com/myaccount.

2. Authorization to access panel to program and/or monitor video/audio devices to confirm alarm condition. You authorize Cove and/or the Monitoring Company to access the Cove panel/digital communicator of your System to input or delete data and programming. If the Products purchased by you from Cove contain video or listening devices permitting the Monitoring Company’s central office to monitor video or sound, then, upon receipt of an alarm signal, the Monitoring Company’s Central Station shall monitor video or sound for so long as its Central Station, in the Monitoring Company’s sole discretion, deems appropriate to confirm an alarm condition. You expressly authorize Cove and/or the Monitoring Company to release and provide video or sound recordings to the appropriate authorities upon receipt of an alarm signal from your System. The Monitoring Company is authorized to record and maintain audio and video transmissions, data and communications received from your System, including Cameras, upon the occurrence of an alarm event in connection with the dispatch of Emergency Dispatch Services (as defined below) and shall be the exclusive owner of such transmissions and data. All of your information and data shall be maintained confidentially by Cove and the Monitoring Company. As referenced above, if you elect to receive Monitoring Services, you agree to regularly check and test your System, at least monthly, to confirm that your System’s transmission signals are linked to the Monitoring Company’s Central Station monitoring center and/or communication network and notify Cove if there is any interruptions, failures, or other issues with the System’s transmission signals

3. Termination of Monitoring Services. Cove may, without prior notice, suspend or terminate its services, in event of (i) your default in performance of these Terms of Sale, including, without limitation, your Monthly Subscription Fee payment obligation; (ii) the Monitoring Company’s Central Station’s facility or communication network becomes nonoperational; or (iii) your System is sending excessive false alarms.

27. Contact Information. With respect to any phone number or other contact information you provide to Cove at any time, whether for purposes of alarm notification through Monitoring Services, general billing, or any other purpose, you represent that you are the subscriber associated with the phone number, email address or other contact information provided, or that you are otherwise expressly authorized by the person or persons associated with such phone number, email address, or other contact information to provide such information and use it as your own. You also expressly authorize Cove to contact you using an automated calling device, text, or email at such phone number, email address or other contact information, which you acknowledge and agree shall be provided for all purposes related to servicing or administering your account with Cove, including billing, under these Terms of Sale.

28. Permits. Your municipality may require a license or permit or the payment of taxes in connection with your installation, use or monitoring of your System by the Monitoring Company. You are solely responsible for complying with such obligations and providing Cove with any then current license or permit number you receive.

29. Emergency Dispatch Service. “Emergency Dispatch Services” shall be provided in accordance with these Terms of Sale and consist solely of Monitoring Company personnel contacting you, other Emergency Contacts provided by you, the appropriate PSAP for your area (which dispatches Emergency Responders), or any company that provides on-site response services (“Third-Party Responders”) upon the receipt of alarm signals from your System reporting specific conditions (“Listed Codes”) at the Premises. We shall provide Emergency Dispatch Services only for Listed Codes. Cove’s obligation to provide Emergency Dispatch Services shall be satisfied by Monitoring Company personnel contacting (or attempting to contact) Emergency Responders or Emergency Contacts or Third-Party Responders or by leaving a voicemail or similar type message with Emergency Responders or Emergency Contacts or Third-Party Responders. Emergency Dispatch Services are intended to reduce the risk of a burglary, robbery or other events occurring at the Premises but are not a guarantee such events will not occur or that there will be no personal injury or property loss as a result. The Monitoring Company will not contact (nor attempt to contact) any Third-Party Responder on your behalf unless you have specifically contracted with us and are current on your payments to provide Monitoring Services to you or you have previously requested that we provide such service (and we have agreed in writing to do so). Examples of where you might desire that the Monitoring Company attempt to contact a Third-Party Responder include situations (i) where the Premises are located in a jurisdiction in which the applicable Authorities will not respond to alarm signals at the Premises absent prior verification of an actual alarm event, or (ii) where you desire a faster response time than what might otherwise be provided by the applicable Authorities. Regardless of the circumstances, however, you acknowledge that, upon receipt of alarm signals from your System, the Monitoring Company will not contact (nor attempt to contact), nor have any obligation to contact, any Third-Party Responder unless you have previously contracted with us to provide such service or you have previously requested that we provide such service (and we have agreed in writing to do so).

30. Alarm Verification Prior to Dispatch. Upon receipt of a Listed Code and before calling any Authorities or Emergency Contacts or any Third-Party Responder, Monitoring Company personnel may, in their sole discretion, take any one or more of the following steps in an attempt to verify the need to report the Listed Code to Emergency Responders or any of the Emergency Contacts or any Third-Party Responder, (collectively, the “Alarm Verification Steps”): (i) telephone or attempt to telephone the Premises, (ii) if we have access to Real-Time Services, receive, retrieve and review video from the System, (iii) intercept or retrieve and listen to oral communications or other audio from the System; or (iv) undertake such other reasonable steps to verify the need to report the Listed Code. Following any one or more of the Alarm Verification Steps, Monitoring Company personnel may, in their sole discretion, determine to report (or not report) a Listed Code to Emergency Responders or any of the Emergency Contacts or any Third-Party Responder. In addition, if Monitoring Company’s Central Station personnel are unable to verify the need to report a Listed Code to Emergency Responders or any of the Emergency Contacts or any Third-Party Responder, Monitoring Company personnel shall have no obligation to report such Listed Code. Monitoring Company personnel shall have no obligation to review or monitor any audio or video from the System for any time that is not immediately before or after receipt of a Listed Code.

31. Alarm Cancellation. Upon receipt of any current cancellation code set in accordance with the owner’s manual for your System, via advice from any Emergency Contact responding to a text message sent to Emergency Contacts, or oral advice (confirmed by safe word) to disregard the receipt of a Listed Code, Monitoring Company personnel may, in their sole discretion, determine not to report a Listed Code to Emergency Responders or any of the Emergency Contacts or any Third-Party Responder.

32. Communication to Emergency Responders. You understand that your System signal shall be via cellular or satellite transmission. You understand that Cove and/or the Monitoring Company does not receive signals when the transmission mode is, or becomes, non-operational and that the signals to/from the Cove panel/digital communicator cannot be linked to the Monitoring Company’s central monitoring center if the transmission mode is interfered with, damaged, or otherwise rendered inoperative and/or if the cellular signal at your Premises is interrupted or too weak for a transmission signal to be sent or received by the digital communicator. You acknowledge that Cove does not represent or warrant that the System will prevent any loss by burglary, theft, robbery, fire, or otherwise; or that the System will in all cases provide the protection for which it is installed or intended. You further understand that Cove assumes no liability for failure of the System as a result of the transmission mode becoming non-operational as it is your sole responsibility to (i) confirm that the cellular signal at your Premises is sufficiently strong and continuous to ensure non-interruption of transmission by your System; and (ii) test your System periodically, at least monthly, to confirm that the System’s transmission signals are linked to the Monitoring Company’s central monitoring center and/or communication network; and (iii) notify Cove if there is any interruptions, failures, or other issues with your System’s transmission signals. You acknowledge and agree that Cove’s and/or the Monitoring Company’s sole responsibility upon receipt of a medical emergency signal transmitted from the panel is to notify the appropriate PSAP which will dispatch Emergency Responders (i.e. medical assistance providers) as directed by you (when possible) . You understand and agree that Cove and all Cove Parties (as defined below in Section 43) are hereby released from all liability due to active or passive, sole, joint or several negligence of any kind or degree of Cove or any other Cove Party which you, or anyone claiming through you, in any way might or could claim against Cove or such Cove Party based upon, arising out or from, in connection with, resulting from, related to or as a consequence of Cove’s or a Cove Party’s inability or failure to contact the appropriate PSAP or the improper dispatch of Emergency Responders. If Cove or any other Cove Party receives an abort message for any transmission from the Cove panel/digital communicator, from a person either on or off the Premises, via the Applications or electronically from the System prior to notifying the applicable PSAP for dispatch of Emergency Responders, Cove or the other Cove Parties will not notify such Emergency Responders, and Cove or the other Cove Parties will attempt to rescind the notification. You understand that existing and future local laws, ordinances and policies (collectively, “Policies”) may restrict Cove’s and other Cove Parties’ ability to provide the Services. Some Policies may require “enhanced verification,” which may, for example, require the Monitoring Company’s Central Station to make a series of calls to confirm an alarm event requires police response before the police will respond.

33. False Alarms; Suspension of Services and Shut-Down. You agree to prevent false alarms and be solely responsible for false alarms. You must pay (or reimburse Cove) any fines, fees, costs, expenses, and penalties relating to your System or the Services assessed against you, Cove or the Monitoring Company’s Central Station by any person or entity, including court or government agency or any person or entity acting on the behalf of such court or agency. If (i) you default under these Terms of Sale; (ii) these Terms of Sale or the Services, including Monitoring Services, are terminated by any party for any reason; (iii) your System becomes a “runaway” system or excessively signals the Monitoring Company’s Central Station without apparent reason; or (iv) in the opinion of the Monitoring Company’s personnel, your System otherwise becomes a “problem account,” Cove may suspend the Services, including Monitoring Services, and you authorize Cove to disconnect your System from the Monitoring Company’s Central Station. The exercise of any such rights shall not be deemed a waiver of Cove’s or any other Cove Party’s right to damages. Cove’s obligations under these Terms of Sale are waived automatically without notice and you release Cove for all Losses (as defined below in Section 46) following any default or breach of these Terms of Sale by you or if the Monitoring Company’s Central Station, your System and any of the Services are destroyed, damaged, inoperable or malfunction for any reason whatsoever, for the duration of such interruption of Service, and you shall be entitled to a credit of the unearned charges paid by you for the period of interruption on your request, which credit shall not exceed one month’s Monthly Subscription Fee and shall be the limit of Cove’s liability. If the Services provided to you are suspended or terminated for any reason, Cove may, at its sole discretion, without notice and without any liability, remotely disable, disconnect or block your System and data from the System from communication with the Monitoring Company’s Central Station.

34. Consent to Recording. Certain federal and state laws prohibit interception and recording of telephone calls and other oral communications by electronic means, including the interception and recording of telephone calls and other oral communications by the System at your Premises. You, for yourself and any other person contacting Cove or the Monitoring Company or whose communication is received from your System, whether by Cove or the Monitoring Company (collectively, “Users”), consent to the interception, recording, disclosure and use of the contents of any telephone call, other oral communications or video in connection with the Services. In addition, you shall notify all Users with respect to any such interception, recording, disclosure or use. YOU SHALL NOT INTERCEPT OR RECORD ANY ORAL COMMUNICATION OF ANY PERSON WITHOUT HAVING SUCH PERSON’S PERMISSION TO DO SO. Please refer to Cove’s Privacy Policy at www.covesmart.com/privacy-policy for important information regarding recording audio or video.

35. Video-Related Services. “Video-Related Services” consists solely of the following: (i) verification of alarm events by Monitoring Company’s Central Station personnel in connection with the Emergency Dispatch Services to be provided pursuant to Section 29 (“Verification Services”) using audio and video received from the System, including Cameras, and (ii) real-time access to video and audio from the System through the Applications (“Real-Time Services”) in accordance with the terms hereof. Verification Services are intended to assist you and any permitted Monitoring Company’s Central Station personnel to verify an alarm event at the Premises, not to reduce or eliminate any risk of loss. None of the Video-Related Services are intended to replace alarm Monitoring Services or to detect or prevent unauthorized intrusion onto the Premises or any other emergency condition, including fire, smoke, carbon monoxide, medical emergencies or water damage. The Verification Services are provided and shall be used by you solely for the verification of alarm events at the Premises and no other purpose. Monitoring Company’s personnel will not have access to the Real-Time Services unless such video and audio is received at the Monitoring Company in connection with the Emergency Dispatch Services. If you wish to opt out of the Verification Services you can do so by contacting Cove at (855) 268-3669, or at www.covesmart.com/contact-us

36. Remote Services Access; Excessive Data Usage; Audio and Video Limitations. If any Product or Services, including but not limited to a Service Plan, you purchase from Cove provides remote reviewing via Cove’s Sites, the Products are designed to transmit data via your high-speed Internet or cellular service to remote equipment supplied by Cove or your Internet or wireless connection device which is compatible with Cove’s remote services and Sites. Cove will grant access to a server permitting you to monitor your System, access the System to arm, disarm and bypass zones on the System, view the remote video camera(s), if any, and control other remote automation devices that may be installed in your Premises by you. The remote services server is provided either by Cove or a third party. If you purchase cameras, you shall install the camera(s) in a permissible legal location in your Premises to permit your viewing. Cove shall have no responsibility for failure of data transmission, corruption or unauthorized access to the camera data and shall not monitor or view said data. Cove shall have no liability for excessive data usage expense incurred by you attributable to the Products or Services you purchase from Cove. You acknowledge and understand that electronic data may not be encrypted and wireless components of your System, including Camera data, may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology and Cove shall have no liability for access to your System, including camera data, by others. If audio or video devices are installed in your Premises by you, you acknowledge that you have been advised to independently ascertain that the audio or video devices are used lawfully. Cove has made no representations and has provided no advice regarding the use of audio or video devices.

37. Lawful Recording of Video and Audio; Required Connectivity. Recording video or audio may be unlawful or violate an individual’s rights, including privacy rights. You shall not use any of the Video-Related Services, or permit the use of any of the Video-Related Services, for any unlawful purpose. For example, you shall not use the System to obtain or record video in any place where a person may have a reasonable expectation of privacy, including restrooms, dressing or changing areas, locker rooms or similar areas. You also shall take all steps necessary to alert individuals at the Premises of the possibility of recording video or audio. You shall use a form of connectivity to permit the transmission of video, audio and alarm signals from your System to Cove and any Monitoring Company. You shall instruct all persons who may use any Video-Related Services or the System of any limitations with respect to the Video-Related Services or the System. You shall comply with the provisions of this Section and Sections 35 and 36 with respect to the use of the Video-Related Services in connection with the System.

38. Interruption or Delay of Services. Cove assumes no liability for delays in installation or interruption of any Services, including Monitoring Services, due to strikes, riots, floods, fires, acts of God or any causes beyond the control of Cove. Cove will not be required to supply Services to you during the period of interruption of the Services due to any such cause.

39. Homeowners Insurance Discount. Homeowners’ insurance discounts may vary depending on the insurance company. Cove does not guarantee any discounts and recommends any inquiries be directed to your insurance provider.

40. Ownership of Sites, Licenses, and Access.

1. The Sites are owned by Cove. Cove grants you a limited license to access and make personal use of the Sites but does not grant you the authority to download or modify any portion of Cove’s proprietary information, Cove’s content found on the Sites, or the Sites themselves, except for documents available for downloading and printing from your customer account, unless you have obtained prior and express written consent of Cove. This license does not include any derivative use of the Sites or Cove content or any use of data mining, robots, or similar data gathering and extraction tools.

2. Licenses. Subject to the terms and conditions of these Terms of Sale, Cove grants you a non-exclusive, non-transferable license to access and use the Sites by (i) use of the Applications in connection with, and solely for the purpose of, controlling and monitoring the Services you are authorized to receive and/or control or monitor, and (ii) install and use the Applications solely on your own handheld mobile device (e.g., iPhone, iPad, or Android smartphone or other tablet device) and solely for the purposes set forth in these Terms of Sale. There is a risk that unauthorized persons may gain access to the Applications and data thereon and you agree to assume such risk. You consent to our posting alarm events, home automation controls and other status reports in connection with the Services on the Applications. You will keep confidential all information available on the Applications and all passwords relating to the Applications or access thereto. This license will continue and be co-extensive with the terms and conditions of these Terms of Sale, except for your (i) failure to keep confidential all information available on the Applications and all passwords or access codes relating to the Applications or access thereto, (ii) use of the license or the information in any manner that negatively affects us, (iii) use of the license or the information for any illegal purpose, (iv) breach of these Terms of Sale or (v) violation of any applicable law. You will be solely responsible for information you deliver, delete or modify. Upon termination of your Service Plan that provides access to the Applications or termination or suspension of the license by us, we may immediately, and without notice, disable your access to the Applications and cancel all passwords or other access codes. You will not (a) disclose or make available to third parties any portion of the technology associated with the Services or the Applications without our prior written consent, (b) copy, decompile, dissemble, reverse engineer, manipulate, modify, or make derivative works of any technology incorporated in the Services or the Applications. Cove may from time to time develop patches, updates, upgrades or other modifications (“Updates”) to improve the performance of the Products, Services or the Applications. These may be automatically installed without providing any additional notice or receiving any additional consent. You consent to this automatic update of the Updates. If you do not want such Updates, your remedy is to terminate your Account and stop using the Services or the Applications. You acknowledge that you may be required to install Updates to use the Services and you agree to promptly install any Updates that Cove provides. IF YOU FAIL TO INSTALL ANY UPDATES PROVIDED BY COVE, YOUR ACCESS TO THE APPLICATIONS AND THE SERVICES MAY BE TERMINATED.

   You agree that you will use the Sites only in combination with Cove’s Products and Services or Cove authorized products and services. If you are the manufacturer or distributor or authorized representative of a product or service that is not an authorized product or service, and you wish to request support for your product or service, please contact Cove at www.covesmart.com/contact-us to request further information. Cove is not required to acknowledge or respond to any such request, or to engage in or continue any discussions that may result from any such request, but may do so in its sole discretion.

   You may not frame or utilize framing techniques to enclose any materials located on the Sites, including, without limitation, any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cove, third parties, or Cove affiliates without express written consent from Cove. You may not use any of Cove’s tags or any other “hidden text” utilizing Cove’s name or trademarks without the express written consent of Cove. Any unauthorized use terminates any permission or license granted to you by Cove. For purposes of clarity, these Terms of Sale and the license(s) granted to you hereunder expressly exclude the right to use any content except as made available to you on the Sites. You may not copy or disseminate any content or other materials from the Sites.

   You may not use any Cove logo or other proprietary graphic or trademark as part of the link without first obtaining express written permission from Cove. For purposes of clarity, Cove may obtain certain materials and content through a third-party content provider(s) under a license from said provider(s). THE LANGUAGE HEREIN NEITHER INTENDS TO, NOR SHALL IT BE INTERPRETED AS INTENDING TO, GRANT YOU ANY RIGHTS, TITLE, OR INTEREST TO COVE’S SITE MATERIALS OR CONTENT. By using the Sites, you expressly agree that you shall respect the intellectual property rights of all third parties, Cove, and any others who may provide materials and/or other content to the Sites. Cove only displays licensed content obtained from such third-party provider(s) in their original form and as licensed, unless expressly otherwise permitted by the license.

3. No unlawful or prohibited use. As an express condition of your use of the Sites, you agree, represent, and warrant that you will not use the Sites for any purpose that is unlawful, violates the rights of any third-party, or is otherwise prohibited by these Terms of Sale. You may not use the Sites in any manner which could damage, disable, overburden, or impair the Sites or the network(s) connected to the Sites or interfere with any other customer’s or party’s use and enjoyment of the Sites.

   You may not use automated means of any kind to manipulate Cove’s data, information or Services provided via the Sites. You may not use automated means, including spiders, robots, crawlers, or similar technologies on the Sites or in connection with the Sites for any purpose. You may not decompile, disassemble, reverse engineer, copy, create derivative works from or display any of the Sites’ or Cove’s software code. You may not attempt to gain unauthorized access to the Sites, other customer accounts, third-party accounts, computer systems, or networks connected to the Sites through hacking, password mining, or any other means. You may not upload, link to, post or transmit in any way connected to the Sites: (i) content of an illegal nature (including content that violates any third-party’s intellectual property rights); or (ii) pirated software (or software sites), content that facilitates “hacking” or “cracking.” You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the Sites.

   Cove reserves the right, in its sole and exclusive discretion, to immediately suspend or terminate the account(s) of and/or any and all access to the Sites for any customer or user of the Sites who violates any provision of these Terms of Sale. You expressly understand and agree that violation of the above may result in termination of your access and/or account and a breach of any agreement you have with Cove, along with a termination of all Services, without refund of any fees or other amounts paid by you to Cove.

4. Personal Non-Commercial Use Limitation. Unless otherwise specified, the Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, software, Products, or Services obtained from the Sites.

5. Copyrights and Trademarks. All of the materials and content appearing on the Sites are either owned, licensed or sub-licensed (including, without limitation, through these Terms of Sale) to Cove and are used by Cove in accordance with the applicable licenses and laws. You may not copy, distribute, or otherwise disseminate any materials or content (including any logos, images, or data) from the Sites or otherwise use in any manner inconsistent with the exclusive rights of the copyright or trademark holder, unless you are the owner of said materials or content or have express written permission from the owner of said materials. All rights not expressly licensed to you under these Terms of Sale or other applicable terms and conditions are expressly reserved by Cove, or, if applicable, by the owner of such rights.

41. App Stores. You acknowledge and agree that the availability of the Applications is dependent on the third-party websites from which you download the Applications, e.g. the App Store from Apple or the Android app market from Google (each, an “App Store”). You acknowledge that these Terms of Sale are between you and Cove and not with an App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Applications from it, including the Applications. You agree to comply with, and your license to use the Applications is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, these Terms of Sale, the more restrictive or conflicting terms and conditions in these Terms of Sale apply. Cove will not charge you any additional fees for you to receive and download the Applications; however, your wireless service provider may charge a fee for air-time or data usage associated therewith. Check with your wireless carrier if you have questions about your wireless plan.

42. Data; Data Storage. You agree to permit Cove to track and retain personal information, demographic information, Product and monitoring usage statistics and related information for Cove’s internal marketing, demographic, and usage studies, so Cove can improve, personalize, and customize the Products and Services Cove provides to you and to Cove’s other customers and to better meet your needs and enhance your experience in using the Products and Services. All of your information and data received by Cove shall be maintained confidentially by Cove. Cove may delete any data delivered to us when (i) any storage period that applies to your account expires, (ii) you or Cove terminates your Service Plan, (iii) you deliver a written request to Cove, or (iv) when Cove chooses to do so at its sole discretion and such deletion is not prohibited by any applicable law, regulation, regulatory authority or other applicable judicial or governmental order. Notwithstanding anything contained herein to the contrary, Cove is not responsible for any change to or loss of any data.

43. Right to Subcontract. As referenced above, Monitoring Services, if purchased by you, of your System may be provided by a third-party independent contractor Monitoring Company. Cove may also, in its sole discretion, subcontract for the provision of any of the Services under these Terms of Sale. The provisions of these Terms of Sale inure to the benefit of and are applicable to (i) any subcontractor of Cove engaged to provide any of the Products or Services to you, including but not limited to RapidSOS, the Monitoring Services provided by the Monitoring Company at its Central Station (collectively, “Subcontractors”); and (ii) Cove and each of its affiliates, directors, officers, members, shareholders, employees, agents and representatives (each together with Subcontractors, a “Cove Party” and collectively, the “Cove Parties”), and bind you to all such persons or entities listed in the foregoing subsection (i) and (ii) with the same force and effect as they bind you to Cove. Any Subcontractor we engage is an independent contractor and not our partner, affiliate, or joint venture. You authorize Cove to act as your agent for purposes of working with, or providing any directions to, any Subcontractors with respect to the provision of the Services, including but not limited to Monitoring Services. You authorize Cove to share your personal information with Cove’s subcontractors or other authorized third parties for the purpose of providing Services to you under these Terms of Sale.

44. Assignment. You may not assign your rights or obligations under these Terms of Sale. Cove shall have the right to assign these Terms of Sale to any other person, firm or corporation without notice to you and upon such assignment shall have no further obligation hereunder. You acknowledge that these Terms of Sale, and particularly those Sections hereof relating to Cove’s disclaimer of warranties, maximum liability, limitation of liability, and third-party indemnification limitation on lawsuits, venue, and waiver of jury trial and class action, inure to the benefit of, are applicable to, and fully enforceable by, any assignees and/or Subcontractors of Cove, and these Sections bind you with respect to said assignees and/or Subcontractors with the same force and effect the Sections bind you to Cove.

45. Account, Password, and Security. When you register for the Sites, you will create a password to access certain materials on the Sites, including your personal customer account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify Cove of any unauthorized use of your account or any other breach of security. Cove will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you may be held liable for losses incurred by Cove or a third party due to someone else using your account or password. You may not use any account that is registered to another person at any time without the permission of the account holder. By creating an account, you agree that you will provide only true and correct information to us about yourself and that you will not create an account for or on behalf of anyone else, unless legally authorized to do so, and that you will not use any pretext or deception to create an account, not in your own name or that would appear to be the account of another person. You agree that you will not use any pretext or deception to access or attempt to access the account of any other person.

46. Insurance.

COVE’S CHARGES FOR ITS PRODUCTS AND SERVICES ARE BASED SOLELY ON THE VALUE OF THE PRODUCTS AND SERVICES PROVIDED AND ARE NOT INSURANCE PREMIUMS NOR ARE THEY RELATED TO THE VALUE OF PROPERTY LOCATED ON OR NEAR YOUR PREMISES. YOU ACKNOWLEDGE AND AGREE THAT COVE IS NOT AN INSURER AND SHALL NOT PROVIDE INSURANCE COVERAGE AGAINST ANY LOSSES, AS DEFINED BELOW. TO THE EXTENT YOU WISH TO HAVE ANY INSURANCE COVERAGE FOR LOSSES AS DEFINED BELOW, IT IS YOUR RESPONSIBILITY TO PROCURE AND MAINTAIN SEPARATE INSURANCE POLICIES FROM AN INSURANCE COMPANY OR COMPANIES, SOLELY AT YOUR COST AND EXPENSE, COVERING ALL LOSS, DAMAGE OR EXPENSE (COLLECTIVELY “LOSSES”), INCLUDING ALL PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE OR EXPENSE ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY (I) THESE TERMS OF SALE, INCLUDING ANY BREACH OF ANY REPRESENTATION, WARRANTY, COVENANT OR OBLIGATION ARISING HEREUNDER; (II) THE SYSTEM; (III) THE SERVICES; (IV) THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY COVE PARTY (AS DEFINED BELOW); (V) THE IMPROPER OPERATION OR NON-OPERATION OF THE SYSTEM; (VI) BREACH OF CONTRACT, EXPRESS OR IMPLIED, WHICH OCCURS BEFORE OR AFTER YOUR AGREEMENT TO THESE TERMS OF SALE; (VII) BREACH OF WARRANTY, EXPRESS OR IMPLIED; (VIII) PRODUCT OR STRICT LIABILITY; (IX) THE LOSS OR DAMAGE TO OR MALFUNCTION OF PRODUCTS, SERVICES, OR FACILITIES NECESSARY TO OPERATE THE SYSTEM, TRANSMIT ANY SIGNAL TO OR RECEIVE SIGNALS AT THE MONITORING COMPANY’S CENTRAL STATION; (X) A CLAIM FOR SUBROGATION, INDEMNIFICATION OR CONTRIBUTION; (XI) A VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW OR ANY OTHER THEORY OF LIABILITY OR ALLEGED FAULT ON THE PART OF ANY COVE PARTY; (XII) A VIOLATION OF ANY LAW PROHIBITING THE INTERCEPTION OF ORAL COMMUNICATIONS BY ELECTRONIC MEANS; (XIII) THE ACTION OF ANY THIRD PARTY IN RESPONDING TO A SIGNAL FROM THE SYSTEM, OR (XIV) ANY UNAUTHORIZED ACCESS, USE OR DISCLOSURE OF YOUR PERSONAL INFORMATION (COLLECTIVELY, THE “COVERED CLAIMS”), RECOVERY FOR ANY LOSSES, AS DEFINED IN THIS SECTION, SHALL BE LIMITED TO THE INSURANCE YOU PURCHASE SEPARATELY FROM AN INSURANCE COMPANY, IF ANY.

47. Limitation of Liability Regarding Use of Products and Services and Release. BY AGREEING TO THESE TERMS OF SALE, YOU ARE RELEASING COVE, ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AGENTS AND REPRESENTATIVES, INCLUDING BUT NOT LIMITED TO THE MONITORING COMPANY (COLLECTIVELY, THE “COVE PARTIES”) ON YOUR BEHALF AND ON BEHALF OF ALL OTHERS WHO MAKE CLAIMS UNDER THESE TERMS OF SALE FROM ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM (AS DEFINED ABOVE). UNDER NO CIRCUMSTANCES WILL COVE BE RESPONSIBLE OR LIABLE TO YOU FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH OR DAMAGES TO PROPERTY RELATING TO OR ARISING OUT OF YOUR USE OF THE PRODUCTS AND/OR SERVICES. NOTWITHSTANDING THE FOREGOING, EVEN IF ANY COVE PARTY IS FOUND LIABLE FOR ANY LOSSES (AS DEFINED ABOVE), ANY SUCH LIABILITY SHALL BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES AND THE SUM OF $2,000.00 (WHICH AMOUNT REPRESENTS THE AGGREGATE MAXIMUM AMOUNT COVE MAY BE HELD LIABLE UNDER THESE TERMS OF SALE). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. COVE DISCLAIMS ALL LIABILITY OF ANY KIND OF COVE’S LICENSORS AND SUPPLIERS. COVE AND YOU ACKNOWLEDGE AND AGREE IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE BY COVE TO PERFORM ANY OF ITS OBLIGATIONS. THIS AGREED-UPON AMOUNT IS NOT A PENALTY, AND IS THE SOLE REMEDY YOU HAVE AGAINST COVE RELATING TO THE PRODUCTS AND SERVICES.

THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COVE AND REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND COVE, TOGETHER WITH THE OTHER COVE PARTIES (INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS). NONE OF THE PRODUCTS OR SERVICES WOULD BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

BY PURCHASING FROM COVE, YOU ACKNOWLEDGE THAT YOU HAVE HAD AN OPPORTUNITY TO REVIEW COVE’S WARRANTY TERMS, HAVE DONE SO TO THE DEGREE YOU FEEL YOU NEED TO BE FAMILIAR WITH THEM, AND YOU AGREE TO THEIR TERMS AND CONDITIONS, INCLUDING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. 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.

48. No Warranties for Products and Services. THE PRODUCTS AND SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE”, AND COVE AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT.

COVE MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE PRODUCTS OR SERVICES MAY NOT BE COMPROMISED OR CIRCUMVENTED, (2) THE PRODUCTS OR SERVICES WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR (3) THAT THE PRODUCT OR SERVICES WILL PROVIDE ADEQUATE WARNING OR PROTECTION. COVE’S PRODUCTS AND SERVICES DO NOT CAUSE AND CANNOT ELIMINATE OCCURRENCES OF THE EVENTS THEY ARE INTENDED TO DETECT OR AVERT, INCLUDING, BUT NOT LIMITED TO, BURGLARIES, ROBBERIES, FIRES, FLOODS, AND MEDICAL PROBLEMS. YOU UNDERSTAND THAT A PROPERLY INSTALLED AND MAINTAINED ALARM SYSTEM OR PROPERLY OPERATING MEDICAL DEVICE MAY ONLY REDUCE THE RISK OF A BURGLARY, ROBBERY, FIRE, HEALTH CARE RESPONSE OR OTHER EVENTS OCCURRING WITHOUT PROVIDING AN ALARM SYSTEM, LIFE SAFETY SYSTEM OR MEDICAL DEVICE, BUT IT IS NOT INSURANCE OR A GUARANTEE THAT THE PRODUCTS AND SERVICES PURCHASED WILL DETECT OR AVERT SUCH INCIDENTS OR THEIR CONSEQUENCES, OR THAT THERE WILL BE NO PERSONAL INJURY OR PROPERTY LOSS AS A RESULT.

YOU AGREE THAT BY USING THE PRODUCTS AND SERVICES, COVE DOES NOT UNDERTAKE ANY RISK THAT YOU OR YOUR PROPERTY, OR THE PERSON OR PROPERTY OF OTHERS, MAY BE SUBJECT TO INJURY OR LOSS IF SUCH AN EVENT OCCURS. YOU AGREE THE ALLOCATION OF SUCH RISK REMAINS WITH YOU, NOT COVE. BY USING THE PRODUCTS AND/OR SERVICES, YOU RELEASE, WAIVE, DISCHARGE AND PROMISE NOT TO SUE OR BRING ANY CLAIM OF ANY TYPE AGAINST COVE FOR LOSS, DAMAGE OR INJURY RELATING IN ANY WAY TO THE PRODUCTS OR SERVICES PROVIDED BY COVE.

IN NO EVENT SHALL COVE OR ANY OTHER COVE PARTY, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE PRODUCTS AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE PRODUCTS OR RELATED SERVICES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COVE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY ITEM OR PORTION OF THE PRODUCTS OR SERVICES, OR WITH ANY PART OF THESE TERMS OF SALE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PRODUCTS AND SERVICES.

NEITHER COVE NOR ANY OTHER COVE PARTY REPRESENTS THAT THE PRODUCTS AND SERVICES MAY NOT BE COMPROMISED OR CIRCUMVENTED; THAT THE PRODUCTS AND SERVICES WILL PREVENT ANY PERSONAL INJURY OR PROPERTY LOSS; OR THAT THE PRODUCTS AND SERVICES WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. YOU UNDERSTAND THAT USE OF THE PRODUCTS AND/OR SERVICES MAY BE INTERRUPTED, CIRCUMVENTED, UNAVAILABLE (FOR A LIMITED OR EXTENDED TIME PERIOD) OR OTHERWISE COMPROMISED, INCLUDING AS A RESULT OF EQUIPMENT DESIGNED OR USED BY A THIRD PARTY FOR THE PURPOSE OF CAUSING FALSE ALARMS OR GAINING UNAUTHORIZED ACCESS TO OR OTHERWISE AFFECTING OR CONTROLLING THE PRODUCTS AND SERVICES (INCLUDING ANY CAMERA).

49. Disclaimer of Warranties and Limitation of Liability Regarding Use of or Transmissions of Information or Data to or from the Sites.

THE INFORMATION, SOFTWARE, CONTENT, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED AS-IS AND MAY INCLUDE INACCURACIES, DEFECTS OR TYPOGRAPHICAL ERRORS. CHANGES MAY BE MADE TO THE SITES FROM TIME TO TIME AND TO THE INFORMATION CONTAINED THEREIN. COVE AND/OR ITS AUTHORIZED CONTRACTORS OR AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITES AT ANY TIME.

THE COVE PARTIES DO NOT MAKE ANY REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURACY OF THE CONTENT, SOFTWARE, AND RELATED GRAPHICS OR INFORMATION CONTAINED WITHIN THE SITES FOR ANY PURPOSE.  ALL SUCH INFORMATION, SOFTWARE, AND RELATED GRAPHICS OR INFORMATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE COVE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES, AND RELATED GRAPHICS OR INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.

COVE AND THE OTHER COVE PARTIES TAKE SECURITY SERIOUSLY AND CARE ABOUT THE INTEGRITY OF YOUR PERSONAL INFORMATION. ALTHOUGH WE USE COMMERCIALLY REASONABLE PHYSICAL, ADMINISTRATIVE, AND TECHNOLOGICAL METHODS WITH REGARD TO THE TRANSMISSION OF DATA USING THE SITES, INCLUDING HTTPS, TLS/SSL PROTOCOL, AES AND RSA DATA ENCRYPTION, COVE CANNOT, HOWEVER, GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR USE YOUR PERSONAL INFORMATION FOR IMPROPER PURPOSES. IN THE EVENT THAT ANY INFORMATION UNDER OUR CONTROL IS COMPROMISED AS A RESULT OF BREACH OF SECURITY, COVE WILL TAKE REASONABLE STEPS TO INVESTIGATE THE SITUATION AND WHERE APPROPRIATE, NOTIFY THOSE INDIVIDUALS WHOSE INFORMATION MAY HAVE BEEN COMPROMISED AND TAKE OTHER STEPS, IN ACCORDANCE WITH ANY APPLICABLE LAWS AND REGULATIONS.

YOU SPECIFICALLY AGREE THAT NO COVE PARTY SHALL BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION OR USE OF, YOUR TRANSMISSIONS OF PERSONAL INFORMATION OR DATA, ANY MATERIAL, OR DATA SENT OR RECEIVED (OR NOT SENT OR RECEIVED), OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITES. YOU EXPRESSLY AGREE THAT COVE IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITES BY ANY THIRD PARTY.

50. Release of Insured Losses; Waiver of Subrogation. You release Cove for all Losses covered by your insurance policies and for all insurance deductibles. You also waive and release any subrogation and other rights you or your insurance company may have against Cove for money paid to you on your behalf.

51. Indemnification. You agree to indemnify and hold Cove and any Cove Party, and the respective successors, and assigns of each, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to, or arising out of, your use of the Products, Services or Sites and/or any information (text or graphical), software, or products obtained through the Sites, Products or Services and/or from Cove. IF ANYONE OTHER THAN YOU (INCLUDING YOUR INSURANCE COMPANY) ASKS ANY COVE PARTY TO PAY FOR ANY LOSSES (AS DEFINED ABOVE), INCLUDING ANY ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY ANY COVERED CLAIM (AS DEFINED ABOVE), INCLUDING THE ACTIVE OR PASSIVE SOLE, JOINT OR SEVERAL NEGLIGENCE OF ANY KIND OR DEGREE OF YOU OR ANY COVE PARTY, YOU SHALL INDEMNIFY, DEFEND AND HOLD SUCH COVE PARTY HARMLESS (WITHOUT ANY CONDITION THAT ANY OF THEM FIRST PAY), FOR ALL LOSSES (AS DEFINED ABOVE), INCLUDING ATTORNEYS’ FEES, ASSERTED AGAINST OR INCURRED BY SUCH COVE PARTY. THE FOREGOING INDEMNIFICATION OBLIGATIONS MAY NOT BE ENFORCEABLE IN SOME STATES, SO SUCH OBLIGATIONS MAY NOT APPLY TO YOU.

52. Remedies for Breach. In the event you materially breach any of the provisions of these Terms of Sale and to the extent permitted by applicable law, Cove has the right to exercise any one or more of the following remedies:

1. Discontinue providing Services if being received by you as outlined in the Terms of Sale;

2. Require you to immediately pay the sum of the remaining unpaid balance you owe for the Product(s) purchased by you:

3. Require you to pay us the actual and reasonable costs of collection, including attorney’s fees (except where prohibited by law in the state in which you reside), we will be obligated to pay any attorney’s fees incurred by you in any action in which you prevail;

4. Take possession of the Product(s) and sell, lease, license or otherwise dispose of the Product(s) to satisfy any unpaid balance you may owe for the Product(s).

53. Credit Report Notice. To the extent required by state law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations.

54. Dispute Resolution.You and Cove each agree that if you are in default, including a material breach of any of your obligations under these Terms of Sale, or if you have any claims against Cove, any other Cove Party that may arise out of these Terms of Sale or out of the relationship between you and Cove, including but not limited to disputes as to these Terms of Sale, the Sites license, Sites access restriction and/or termination, Cove’s trademarks, copyrights, patents, trade secrets, trade dress and other intellectual property rights; privacy, the Services, Products, Monitoring Services, or disclaimer of warranties (each a “Claim” or collectively, “Claims”), then each of you and Cove shall give written notice to the other of any default or Claim and a period of fifteen (15) days to cure such default or Claim from the date such notice is provided, unless a longer period is mutually agreed upon by you and Cove (the “Cure Period”). If a breach, default or Claim is not cured within the Cure Period, then you or Cove (and/or the relevant Cove Party) agree to pursue any and all Claims or disputes against the other for default (i) in small claims court for any claim or dispute the alleged value of which is equal to or less than the jurisdictional maximum for small claims court in the relevant jurisdiction; or (ii) in court before a judge in a bench trial for all claims and disputes which have an alleged value in excess of the jurisdiction maximum for small claims court in the relevant jurisdiction.

1. Jury Trial Waiver. Unless otherwise prohibited by law, COVE, ALL OTHER COVE PARTIES, AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.

2. Class Action Waiver. Unless otherwise prohibited by law, COVE, ALL OTHER COVE PARTIES, AND YOU EACH AGREE THAT ANY PROCEEDINGS WHETHER IN SMALL CLAIMS COURT OR IN COURT BEFORE A JUDGE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION.

55. Time Limitation on ActionsAll Claims, disputes, actions, or proceedings against Cove must be commenced in small claims court or court, as applicable, under the Dispute Resolution provision above, within one (1) year after the cause of action or the basis for the Claims or disputes has accrued, without judicial extension of time, or such Claim, dispute, action or proceeding is barred, except where prohibited by law. The time period in this Section must be complied with strictly.

56. Miscellaneous.

1. Severability/No waiver. If any part of these Terms of Sale is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by the valid and enforceable provision that is the closest match to the intent of the original provision and the remainder of these Terms of Sale shall remain in effect. No waiver of any of the terms of these Terms of Sale will be valid unless in writing and designated as such. No failure or delay in enforcing your or Cove’s rights shall be construed as a waiver.

2. English language version controlling. It is the express will of you and Cove that these Terms of Sale be prepared in English. In the event that these Terms of Sale are translated into another language or otherwise reprinted, this English language version of these Terms of Sale (as amended) shall govern if any inconsistencies from such translation arise.

3. Entire agreement. Unless otherwise specified herein or in a writing executed by the Parties, these Terms of Sale, Cove’s Privacy Policy, any agreement or addendum you enter into with Cove, and all related documents constitute the entire agreement between you (the user) and Cove with respect to the use of Sites, the Products and Services. These Terms of Sale supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cove with respect to the Products and Services.

4. Cove’s right to change these Terms of Sale as it deems reasonable or necessary; Notices. Cove reserves the right to change these Terms of Sale as it deems reasonable and appropriate without notice to you. Any changes to these Terms of Sale are effective as soon as such changes are posted to one or more of Cove’s Sites. The date of the most recent changes to these Terms of Sale are listed at the beginning of this document. Cove encourages you to use its Sites to verify the date that these Terms of Sale were last updated whenever you contact Cove’s Sites to determine whether or not changes have been made. Cove may, from time to time, post notices on one or more of its Sites if Cove believes, in its sole discretion, that it has made material changes to these Terms of Sale.

5. Applicable law/Jurisdiction and venue. You and Cove agree that all Products and Services you purchase shall be deemed to be provided by Cove solely based in Utah. You and Cove further agree that all Claims and disputes against Cove or any other Cove Party and any disputes that may relate to or arise out of these Terms of Sale or out of the relationship between you and Cove, shall be governed by the internal laws of the State of Utah, without regard to choice of law principles. Subject to applicable law of the Jurisdiction in which your Premises are located, you and Cove also agree that all Claims will be brought in accordance with the Dispute Resolution provisions of these Terms of Sale in the Federal, State, or local small claims, courts located in Salt Lake County, Utah, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.

6. Internet content not guaranteed to remain confidential. Cove takes reasonable and industry standard measures to protect information transmitted via the Internet. However, please remember that transmissions on the Internet are not always confidential even if Cove and you take protective measures. If you are transmitting confidential information, you are doing so at your own risk. If your payment information is hacked or otherwise comprised during any payment transaction with us, then please contact your bank to address the issue given that it is solely in possession of the merchant data used in connection with any and all transactions. in connection with any and all transactions.

7. Customer service. If you have any questions, comments, or concerns, please contact Cove’s customer support department during normal business hours Monday through Friday Mountain Standard time via phone at (855) 268-3669, or contact Cove at www.covesmart.com/contact-us.

ADDENDUM

RAPIDSOS END USER LICENSE AGREEMENT

Last Updated: July 15, 2019