Terms of Use

Covia – Terms of Use

Effective Date: December 30, 2020

These Terms of Use (“Terms”) set forth a legally binding agreement between you and Covia Holdings LLC (“Covia”, “we”, “our”, or “us”), and govern your use of https://www.coviacorp.com/ (the “Site”).

By using the Site, you acknowledge and accept these Terms, and consent to the collection, use, and sharing of your information and other activities as described in our Privacy Policy. Please read these Terms carefully before using the Site. If you do not agree to these Terms, please do not use the Site.

These Terms may change over time, in which case we will post the modified Terms on this page and change the “Effective Date”. Your use of the Site following a change to these Terms signals your acceptance of the modification(s).

Intellectual Property

Covia and/or its licensors are the sole owners of the Site, which includes any software, domains, and content made available through it. The Site is protected by United States and International copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and Covia grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license for that purpose, subject to your strict compliance with these Terms. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute, or transmit the Site without Covia’s prior express written permission. Any unauthorized use of the Site will terminate the limited license granted by us. The Site and its graphics, logos, icons, and service names related to the Site are registered and unregistered trademarks or trade dress of Covia. They may not be used without Covia’s prior express written permission. All other trademarks not owned by Covia that appear in connection with the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Covia.

Your Conduct

By using the Site, you agree not to upload, post, email, or otherwise send or transmit any material that contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Site. You also agree not to interfere with the servers or networks connected to the Site or to violate any of the procedures, policies, or regulations of networks connected to the Site, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Site; (2) engage in any activity in connection with the Site that is fraudulent, unlawful, false or misleading, libelous, slanderous, defamatory, harmful, tortious, vulgar, invasive of another’s privacy, sexually explicit, offensive, obscene, profane, violent, threatening, harassing, abusive, or otherwise inappropriate; (3) use the Site for any unlawful purpose; (4) resell or export the software associated with the Site; (5) use the Site for any commercial or political purpose; (6) copy, derive, edit, translate, decompile, reverse engineer, modify, use, or reproduced any code or source relating to the Site; (7) interfere with the proper operation of any security measure used by the Site; (8) cause to appear any expanding button, banner advertisement, exit window, pop-up, pop-under, or anything else which minimizes, covers, or otherwise inhibits the full display of the Site; (9) or use any crawl, index, spider, click spam, macro programs, deep-link, page-scrape, robot, Internet agent or other automatic device, program, algorithm, or methodology, which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input or store information, search or generate searches, or monitor any portion of the Site.

Third-Party Interactions

The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Covia has no control or responsibility, as well as translations thereof which Covia may arrange. Covia has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under Covia’s control, and you acknowledge that (whether or not such websites or services are affiliated in any way with Covia) Covia is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by Covia or any association with its operators.

Separate Terms and Conditions.

From time to time in connection with your use of the Site or other interactions with Covia, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms. You should read carefully any such additional terms and conditions. Unless otherwise expressly stated, any such terms will not vary or replace these Terms regarding any use of the Site.

Charges for Using the Site

Covia currently provides the Site to you free of charge. However, when you use the Site, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.

Use of Information Submitted

You agree that Covia is free to use any comments, information, or ideas contained in any communication you may send to Covia without compensation, acknowledgement, or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the Site or other products or services. How we use personal information contained in such communications is described in our Privacy Policy.

Disclaimer

Covia provides the Site “as is” and without any representation, warranty, or condition, whether express, implied, or statutory. Covia specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Covia assumes no liability or responsibility for any errors or omissions in the Site; any failures, delays, or interruptions in the Site; any losses or damages arising from the use of the Site, including, without limitation, any damage to your mobile device; or any conduct by users of the Site. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site.

Limitations of Our Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COVIA BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SITE, (B) THESE TERMS, (C) YOUR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SITE, OR (D) A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR COVIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OR EQUITABLE THEORY.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnity

You agree to indemnify and hold Covia and its related companies, and each of their respective shareholders, directors, officers, employees, agents, and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Site or your violation of any law or the rights of any third party.

Governing Law

These Terms and any amendments thereto shall be governed and construed in accordance with the laws of Ohio, United States, without regard to principles of conflicts of laws.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.

Investigations; Cooperation with Law Enforcement

Covia reserves the right to investigate and prosecute any suspected breaches of these Terms. Covia may disclose any information as necessary to satisfy any law, regulation, legal process, or governmental request.

Contact Us

If you have any questions about these Terms or the Site, please contact us at: Privacy@coviacorp.com