Terms And Condition
Introduction and Acceptance of Terms
Welcome to the Coversandall.com website. Coversandall.com (the “Website”) is a trademark of and operated by Bayport International, LLC (“Bayport International,” “we” or “us”). The Website and all related services, content, and information are provided to you subject to your agreement to and compliance with the following terms and conditions (the “Terms of Service”). By visiting, browsing or shopping on the Website or using other Bayport International Services, you (the “User”) agree to these Terms of Service. Please read them carefully.
Bayport International uses affiliated companies or third parties to provide certain products and services accessible through the Website. We do not control these third-party sites or their services. You agree that Bayport International will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own terms and conditions. In case of conflicts between other affiliate or third party terms and conditions and these Terms of Service, our Terms of Service will control, and you must comply with the terms contained herein.
License and Use
Subject to these Terms of Service, Bayport International grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Website for its offered services. You do not acquire any ownership interest in the Website or any related content under these Terms of Service, or any other rights thereto other than to use the Website in accordance with the license granted and subject to all terms contained herein. All rights not expressly granted to you in these Terms of Service are reserved and retained. We reserve the right to revoke access, refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that a User’s conduct violates these Terms of Service, applicable law, or is otherwise harmful to our interests.
The Website is not intended for and may not be used by children under the age of 13. By using the Services, you represent that you're at least 18 years of age or the legal age of majority where you live. If you’re under 18 but at least 13 years of age, you may use the Website only with a parent or guardian’s permission and consent to these Terms of Service.
You may only use the website as permitted by Bayport International and these Terms of Service. Specifically, but not by way of limitation, you are prohibited from:
- interfering with Website performance or breaching Website security systems using viruses or any other technology or program designed to affect performance, content, and appearance of the website,
- collecting or gaining unauthorized access to Website data or the data of other users,
- adapting, modifying, or creating derivative works based on Website content or technology, in whole or in part,
- reverse engineering, deciphering, decompiling, disassembling or otherwise attempting to derive any technology or underlying intellectual property of the Website,
- transmitting or attempting to transmit any advertising or promotional material, including any junk mail, chain mail, spam or any other similar solicitation,
- impersonating or attempt to impersonate Bayport International or its employees, representatives, subsidiaries or affiliates, and
- using the Website in any way that violates any applicable federal, state, local or international law or regulation.
Intellectual Property Rights
You understand and agree that the content of the Website is protected by United States Copyright Law. Any attempt to reverse engineer, copy, download, or redistribute any part of the Website, other than is necessary for personal and noncommercial use or as allowed by these Terms of Service, is strictly prohibited.
The trademarks, service marks and logos (the "Trademarks") used and displayed on the Website are registered and unregistered trademarks of Bayport International, our affiliates, and others. Nothing on this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the website, without the prior written permission of the Trademark owner.
You are entirely responsible for the content you submit or create on the Website, and any harm resulting from the submission or creation of such content.
You will retain ownership of any content that is uploaded or generated by you to the Website. When using outside content, you hereby grant to us the non-exclusive, worldwide, transferable, limited license to use, copy, modify, reproduce, publicly display, sell and distribute such content in or on products and in advertising, marketing, samples, and promotional materials for Bayport International.
You may remove the designs, graphics, files or other content created or uploaded by you at any time during your use of the Website by notifying Bayport International in writing. Any orders that may have derived from such content prior to the written notification of removal will be fulfilled.
If you are a copyright owner, or authorized on behalf of one, and you believe in good faith that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit via email to [email protected]com the following information:
- Written documentation with signature of the person authorized to act on behalf of the owner of the copyright interest.
- Detailed description of the material you claim has been infringed, including a copy of the copyrighted work or a link to the location where the copyrighted work exists.
- Your contact information includes email address, telephone number, and mailing address.
Our copyright agent will quickly act on any such notice received. You may be held accountable for damages, including attorney’s fees, for any misrepresentation or bad faith claims on the copyright infringement of any content found on the Website.
General Representation and Warranty
You represent and warrant to Bayport International that in use of the Website you will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal rights of any third party. User further represents and warrants to us that there are no claims, demands or any form of litigation pending, or to the best of User’s knowledge, threatened with respect to any of User’s content. Bayport International will not be required to pay any third party related to using the content provided by the User. User content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site
Bayport International provides the Website on an "as is" and "as available" basis. We do not represent or warrant that the Website will be uninterrupted, free of errors and inaccuracies, reliable, timely, or meet User requirements. No warranties, express or implied, including without limitation any warranties of fitness or quality for a particular purpose or use, merchantability and non-infringement, shall apply to the Website.
Limitation of Liability
To the fullest extent permitted by applicable law, Bayport International or its affiliates, employees, officers, directors, or agents shall not be liable to any User or third-party for any direct, indirect, consequential, incidental, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with (i) the use of the Website or any service or products based on any cause of action, even if advised of the possibility of such damages, (ii) the content contained on the Website, or (iii) any delay or failure in performance beyond the control of Bayport International.
In no event shall the total aggregate liability of Bayport International, arising out of or in any way related to the Website, exceed the amount paid to Bayport International for the applicable products or services.
You agree to indemnify and hold harmless, to the fullest extent permitted under the applicable law, Bayport International, our partners, suppliers, affiliates, and our/their employees, directors, officers, members, and agents from and against any and all claims, demands, disputes, actions, proceedings, causes of action, judgments, damages, losses, liabilities, costs or expenses (including, without limitation, attorneys’ fees and expenses and all costs and expenses incurred in the recovery of the aforesaid amounts), arising out of your use of the Website, including but not limited to your violation of these Terms of Service, through any act or omission.
Account Creation and Registration
By making a purchase on the Website or our affiliate domains you agree to receive electronic communications, including valuable newsletters and emails, from Bayport International and our subsidiaries. User privacy is very important to us. If you do not wish to receive newsletters and emails, you may opt out at any time.
You may be asked to register an account at the Website. You agree to provide accurate and complete information during account registration. Each registration is for personal use only and you may not use another’s account without permission. You are solely responsible for maintaining the security of your account and fully responsible for all actions that occur under the account. Bayport International shall be immediately informed of any unauthorized use of your account or any other breaches of security.
By submitting the login form, you agree to receive marketing text messages from us at the number provided, including messages sent by the autodialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency may vary.
By using the Service, you consent to receive certain electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including communications in writing.
Bayport International uses standard industry software for designing and printing purposes. We do not guarantee any color matching or exact color print. Slight color variations are possible and should be deemed acceptable by the User. Slight variations will not be considered production mistakes and will not be eligible for refund, return or reproduction. We use our best professional judgment for color matching, but we suggest ordering sample product first if you need an exact color match.
We will not proofread any design made by User. Please double check all of your designs before submitting your order. We cannot be held responsible for mistakes in design made by User.
We will print a submitted file provided as-is. If proof is requested, we will produce using the last proof approved by the User. Any mistakes or changes in the proof must be made before approval of the proof.
Bayport International requires the User to respond to all information or proof approval requests in three (3) business days. If you fail to respond to the request for any reason in that timeframe, we will use our best judgment on if and how to proceed.
Bayport International uses production facilities inside and outside of the United States of America (“USA”). We cannot guarantee where production will take place for each product and order. Your order may be manufactured in the USA or another country.
Bayport International provides estimated delivery dates for each order on the Website. These dates are estimates only, based on production ready orders. Estimated delivery dates do not include any public holidays or shipping delays. Any delay due to shipping must be addressed directly with the shipping company.
Refunds and Returns
We do not allow any refunds unless there is a Bayport International error. In such a case, refund value will be less or equal to the sold price of the product excluding shipping charges. All refunds must be approved by a Customer Service Representative. Refunds are issued within 15 business days of approval. We will not be responsible for any charges by banks or third parties including but not limited to fees or interest.
These Terms of Service constitute the complete and sole agreement between Bayport International and the User, and supersede all prior or contemporaneous agreements, representations, warranties and understandings. These Terms of Service will be binding upon each party hereto and its successors and permitted assigns. This agreement will be governed by and construed in accordance with the laws of the state of Georgia, except to the extent applicable law, if any, provides otherwise. If any part of the Agreement is held invalid or unenforceable, it will be severed, and the remaining portions will remain in full force and effect.
You may not assign or transfer your rights under these Terms of Service without the prior written consent of Bayport International. We may assign our rights under these Terms of Service without condition. A waiver by either party of any of these Terms of Service or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
User and Bayport International shall be independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Service.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
In the rare event of a dispute, any claim or controversy arising out of or relating to these Terms of Service shall be resolved by confidential binding arbitration administered by JAMS, except for injunctive relief in emergent circumstances. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to settle all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
You understand that, absent this mandatory arbitration provision, you would have the right to sue in court and have a jury trial. You further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
Bayport International reserves the right to add, delete, modify or update any of the terms and conditions contained in these Terms of Service, at any time and in its sole discretion without prior notice. We may post a notice on the homepage of our Website when such changes occur; however, it is recommended that you review these Terms of Service each time you visit the Website. By continuing to access the Website, you confirm your acceptance of the revised Terms of Service and any of the terms incorporated herein by reference.
If you have any questions about these Terms of Service, please email us at [email protected].