Website Terms of Use
Last Updated: May 6, 2025
Please read this Terms of Service (the “Agreement”) carefully because it constitutes a binding agreement between you and COVE PROPERTY MANAGEMENT, LP (“Cove,” “we,” “us,” or “our”) and apply to your use of our websites at covecommunities.com, cove-canada.com, any other websites that we link to this Agreement, and all of their sub-domains (collectively, the “Website”), any platform we make available through the Website (the “Platform”), and any mobile applications we make available to you for download to your device (the “App”). The Website, Platform, and any Apps, together with our related services and social media pages, are collectively referred to as our “Services.”
By visiting, accessing, and/or using our Services, you agree to this Agreement, you acknowledge our Privacy Policy, and you certify that you are at least 18 years of age and that you are providing truthful and accurate information about yourself.
This Agreement does not modify the terms of any separate agreement(s) that you have entered into or may enter into with Cove, such as when you book a rental or stay, purchase a home from us, visit or parks or properties, or use any related services. Your access to, and use of, the Services may be subject to additional notices or additional terms and conditions, such as the separate agreement(s) described above, in addition to this Agreement (“Additional Terms”). In the event that any Additional Terms apply to the Services, such Additional Terms will be made available to you through the Services and/or provided separately by Cove. If there is any conflict or inconsistency between the Additional Terms and this Agreement with respect to the Services, then the Additional Terms shall control in relation to the impacted part of the Services.
THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND COVE ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS.
WHO WE ARE AND HOW TO CONTACT US
The Services are operated by COVE PROPERTY MANAGEMENT, LP, a corporation registered in Delaware, United States, with a principal business address of 2999 North 44th St, Suite 200 Phoenix, AZ 85018. To contact us, please email info@covecommunities.com
CHANGES TO AGREEMENT
We may change, modify, add or remove portions of this Agreement (each, an “Update”) at any time and in our sole discretion without prior notice to you and such Updates will be effective immediately. If we make Updates to this Agreement, we will change the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the updated Agreement. We encourage you to frequently review the Agreement to ensure you understand the latest terms and conditions associated with use of the Services. If you do not agree to the updated Agreement, you must discontinue using the Services.
PRIVACY
Please refer to our Privacy Policy for information regarding how we collect, use, and disclose information about you in connection with your use of our Services. The terms and conditions of our Privacy Policy are incorporated into this Agreement.
If you provide any personal information about a third party, such as a referral, you represent and warrant that you have all necessary permission, and have obtained all necessary consent, to provide such personal information to us, and that our use of such personal information in accordance with this Agreement will not violate the privacy rights of such third party or any applicable law.
We are continuously working to improve the accessibility of our Website and ensure that it complies with recognized standards, including the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. Our goal is to make the browsing experience as inclusive as possible for all users.
Key Features of Our Website’s Accessibility:
We aim to incorporate the following accessibility features:
- Language Tagging: The website includes language tags to ensure compatibility with assistive technologies like screen readers and Braille translators, facilitating a more inclusive user experience.
- Image Text Alternatives: Efforts have been made to provide descriptive alternative text for images, aiding users with visual impairments in understanding visual content.
- Color Contrast: Cove has implemented sufficient color contrast between elements and the background (with a minimum of 4.5 to 1) for any text, headlines, or other elements where color plays an important part in navigating and understanding the website.
- Design: The website’s design incorporates several key accessibility considerations to ensure an inclusive user experience.
- Interactive elements do not rely on color alone to convey information, and clear, consistent navigation guides users through the site.
- Form elements are paired with clearly associated labels for ease of use, while touch targets are sufficiently large (at least 48x48px) with adequate spacing between elements to ensure accessibility on touch devices.
- The site is fully responsive, adapting to various viewport sizes for optimal usability across different devices.
These design choices collectively contribute to a more accessible and user-friendly website for all visitors.
Ongoing Improvement:
We are committed to making continuous improvements to the accessibility of our website. We regularly review our site to ensure compliance with current accessibility standards, and we are working towards meeting the requirements of WCAG 2.1.
Feedback and Assistance:
If you encounter any accessibility barriers while using our website, or if you have suggestions on how we can improve our accessibility efforts, please contact us at:
- Email: info@covecommunities.com
- Phone: (855) 574-4636
- Postal Address: 2999 N 44th St, Suite 200 Phoenix AZ, 85006
We value your feedback and will work promptly to address any issues.
Please note that some content on our website may be provided by third-party services, and we cannot guarantee the accessibility of all external content. We encourage you to reach out to us for assistance with any third-party elements that may present barriers to accessibility.
AUTHORIZED USERS:
We may, in our sole discretion, refuse to offer Services to any person or entity and change the eligibility criteria for using the Services at any time.
TERMS OF ACCESS AND USE
Subject to your compliance with this Agreement and all applicable laws, Cove grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Website, Platform, Apps and other Services (as applicable), together with Cove Content, in accordance with the terms and conditions of this Agreement and any separate written agreement with Cove providing for additional terms and conditions applicable to your relationship with Cove.
As between you and Cove, you are responsible for obtaining and maintaining all computer hardware, software, communications and other devices and equipment needed to access and use the Services, and for paying all associated third-party access charges. Cove may monitor any and all use of the Services by you and collect information about your use of the Services in accordance with our Privacy Policy. Cove may use such data for its business purposes, and may disclose the same, provided that use or disclosure of your personal information shall be subject to our Privacy Policy.
COVE ACCOUNTS
Account Creation. You may be required to register and set up an account in order to access certain portions of our Services, and certain portions of our Services may be made available only to users who have registered and have been granted accounts and credentials. We may offer different types of accounts depending on how you are using the Services (each, a “Cove Account”).
When you create a Cove Account, Cove requires you to provide certain account information (“Account Information”) and a password to access your Cove Account. You must provide true, accurate, current and complete Account Information and you agree to update your Account Information in order to ensure that it remains current. Cove reserves the right to reject your registration without explanation.
Account Security. You are responsible for all activity that occurs under your Cove Account, including any activity by unauthorized users. You may not allow others to use your Cove Account, and you agree to maintain the security and confidentiality of passwords and other credentials (as well as any communications transmitting such credentials to you) associated with your Cove Account. If you discover or suspect any unauthorized access or other security breaches pertaining to your Cove Account or the Services in general, please notify us as soon as possible at
privacy@covecommunities.com.
PURCHASES FROM THIRD-PARTIES
If we provide functionality to make purchases through the Services or other transactions for the sale of products or services formed through the Services, then those purchases and transactions are governed by our third-party vendors’ terms. You further understand and agree that Cove is not responsible or liable for any products or services provided by any third party that may be purchased through the Services or any third party’s acts or omissions related to purchases of such products or services. Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Services are incorporated into Agreement. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such terms and conditions.
MODIFICATION TO SERVICES
Cove may, at any time and for any reason, change, update or discontinue Services, or any part thereof, with or without notice. We may add or remove features including without limitation making free services into paid services and vice versa. Cove will not be liable to you or to any third party for any modification, suspension or discontinuance of Services as permitted herein.
We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend, or change our Services at any time without prior notice. You may terminate this Agreement at any time by ceasing to use our Services.
The rights granted to you under this Agreement are subject to the following conduct and usage guidelines concerning your use of the Services:
- You will not copy, reproduce, distribute, transmit, republish, post, or publicly display the Services without Cove’s prior written consent;
- You will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, frame, reverse compile or reverse engineer any part of the Services;
- You will not access or use the Services to build a similar or competitive service or application;
- You will not remove or destroy any copyright notices or other proprietary markings contained on or in any portion of the Services;
- You will not use any scraping, data mining, robots or similar data gathering or extraction methods on the Services, and you will not collect or harvest any personally identifiable information;
- You will not create or compile, directly or indirectly, any collection, compilation, database, or directory from the Services;
- You will not disrupt the operation of the Services in any manner or impose an unreasonable or disproportionately large load on our infrastructure, for example by using methods such as denial of service attacks, flooding or spamming;
- You will not transmit any “junk mail”, “chain letter” or “spam” or any other similar solicitation using the Services;
- You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Services;
- You will not probe, scan or test the vulnerability of our system or network or attempt to breach security or authentication measures;
- You will not upload invalid data, viruses, worms, keyloggers, spyware, Trojan horses, time bombs, malicious or harmful code, or other software agents through the Services;
- You will not use the Services other than for their intended purposes; and
- You will not access or use the Services in an unlawful way or for an unlawful or illegitimate purpose.
You are solely responsible for complying with all laws, rules and regulations applicable to you when you use the Services. You agree to comply with the above conduct and usage guidelines and agree not to assist or permit any person to engage in any conduct that does not comply with these guidelines. Any use of the Services in violation of this Agreement is prohibited and may result in our suspension or termination of your right to use the Services, and may possibly expose you to legal action and damages.
You may link to our Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. This includes the following:
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- You must not establish a link to our Website in any website that is not owned by you.
- Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to link to or make any use of Content on our Website other than that set out above, please contact info@covecommunities.com
TRANSACTIONS & PAYMENTS
Cove may offer you fee-based products, features, or services on a paid basis. Cove will facilitate your payment of fees, charges and/or taxes using a third-party payment processor. Cove does not collect or retain full payment card information.
CONTENT AND DATA
- Cove Content. Except for User Data and Third Party Content (defined below), all information and materials contained on or within the Services, including, but not limited to, text, graphics, HTML, look and feel, images, designs, photographs, audio, video, icons, typefaces, software (both source and object code), format, queries, algorithms and written and other materials and information (collectively, “Cove Content“), as well as their selection and arrangement, and all intellectual property and other rights relating to Cove Content, as between you and Cove, are solely and exclusively owned by Cove. You will not delete or alter any copyright, trademark or other proprietary rights notices from Cove Content.
- User Data. You grant to Cove a non-exclusive license to copy, use and display any and all data, information or communications (including personal data) provided by you while accessing the Services (“User Data”) to the extent necessary for Cove to facilitate rentals, bookings, purchases, operate the Services, its business and/or to facilitate interactions or transactions with you. You acknowledge that Cove exercises no control whatsoever over the content of the User Data and it is your sole responsibility, at your own expense, to enable access to or provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. Cove is under no obligation, however, to review User Data for accuracy, potential liability or for any other reason. We reserve the right to use, not use, or discontinue using any User Data in our sole discretion at any time, subject to the terms of our Privacy Policy. COVE DOES NOT ENDORSE ANY USER DATA SUBMITTED THROUGH THE SERVICES, AND COVE HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY USER DATA SUBMITTED THROUGH THE SERVICES OR FOR ANY RESULTS CAUSED BY USING SUCH USER CONTENT.
- Third Party Content. The Services may contain proprietary information and materials licensed or provided to Cove by third parties in connection with Cove’s provision of the Services and/or other business purposes (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right, title and interest in and to the Third-Party Content, including, without limitation, all intellectual property rights therein and thereto.
Any reliance you place on the Services, User Data, Cove Content and/or Third-Party Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of or exposed to such materials.
All statements and/or opinions expressed in the Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cove. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
DISCLAIMERS
THE SERVICES, COVE CONTENT AND THIRD-PARTY CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. COVE DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE SERVICES, COVE CONTENT AND THIRD-PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE.
COVE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION IN THE SERVICES. COVE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER HARMFUL CODE, OR PROGRAMS INTENDED TO INTERCEPT OR ACQUIRE DATA.
COVE CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET, OR FOR YOUR MISUSE OF ANY DATA, INFORMATION, ADVICE, IDEAS, CONTENT, INSTRUCTIONS OR GUIDELINES ACCESSED THROUGH THE SERVICES. COVE DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE SERVICES.
IN THE EVENT OF ANY PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE SERVICES.
Please note, the ability to exclude warranties varies in different jurisdictions. To the extent that a jurisdiction places limits on the ability for a party to exclude warranties, these exclusions exist to the extent permitted by law. Because of this jurisdictional variance, some of the above exclusions may not apply to you.
SOCIAL MEDIA
When we make available certain social media features through Facebook, X, Instagram, LinkedIn or other social media sites, you may take such actions as are enabled by those features. Please be aware that activities on our social media sites, or facilitated by or through our social media sites, are subject to the terms and conditions of the applicable social media site(s). Any information or content provided to social media sites may be processed and used by the applicable social media sites in accordance with their policies and any agreements with Cove.
LINKS TO OTHER SITES
Our Services may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies and terms of use for the other websites you visit.
Cove and/or its licensors own all right, title and interest, including all related intellectual property rights, in and to the Website, Platform, App, and other Services, Cove Content, and Third-Party Content. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Website, Platform, App, other Services, Cove Content or Third-Party Content. Cove reserves all rights not expressly granted in this Agreement.
All trademarks, service marks, logos, slogans and taglines displayed on or through the Services are the property of Cove and its licensors or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Services without the express written permission of Cove, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
YOUR FEEDBACK
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). We may ask for your Feedback in connection with your use of the Services, and you can always submit Feedback by emailing us at info@covecommunities.com.
You grant us a nonexclusive, irrevocable, worldwide, royalty-free, fully paid up right and license to use any Feedback provided by you to us with respect to the Services, and we can use, disclose, reproduce, license and otherwise distribute and exploit Feedback in any manner without obligation or restriction of any kind on account of intellectual property rights or otherwise. Cove will treat any Feedback you provide to us as non-confidential and non-proprietary.
CONSENT TO ELECTRONIC NOTICE
If you provide your email address to Cove through the Services, or by e-mailing Cove directly, you agree that Cove may communicate with you electronically regarding administrative, security and other issues relating to your use of the Services. You agree that any notices, agreements, disclosures or other communications that Cove sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The foregoing does not affect your statutory rights.
COMMUNICATIONS RELATED TO SERVICES – CONSENT TO RECEIVE TEXT MESSAGES
By providing your mobile number to Cove, you are agreeing to be contacted by or on behalf of Cove at the mobile number you have provided, including calls and text messages, to receive informational, Services-related communications (e.g., authentication, order confirmations, etc.). Message and data rates may apply.
IN NO EVENT SHALL COVE OR ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, LICENSORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING LOST PROFITS, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR DEVICE OR OTHERWISE, OR SIMILAR DAMAGES) RESULTING FROM OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION (I) YOUR USE OR INABILITY TO USE THE SERVICES, OR ERRORS, MISTAKES, OR INACCURACIES IN COVE CONTENT, THIRD PARTY CONTENT OR USER DATA INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE SERVICES, (III) ANY INFRINGEMENT BY THE SERVICES OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, OR (V) ANY ERRORS OR OMISSIONS IN THE SERVICES, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD-PARTY FOR ANY USE, INABILITY TO USE, MODIFICATION, SUSPENSION, OR WITHDRAWAL OF THE SERVICES, OR ANY FEATURES, PARTS, OR CONTENT OF THE SERVICES.
GENERAL RELEASE
You are solely responsible for all claims, injuries (including death), illnesses, damages, liabilities, and costs (“Liabilities”) suffered by you or any third party as a result of your use of the Services. To the maximum extent permitted by applicable law, you hereby release the Cove Parties (as defined below) from any and all responsibility and liability for the foregoing.
YOU HEREBY WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND HEREBY EXPRESSLY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to the release of any unknown or unsuspected claims you may have against the Cove Parties pertaining to the subject matter of this section.
INDEMNIFICATION BY YOU
Without limiting the generality or effecting other provisions of this Agreement, as a condition of accessing or using the Services, you agree, at your expense, to indemnify and hold harmless Cove and its affiliates, licensors and suppliers, and our and their officers, directors, employees and agents (“Cove Parties”), from and against any and all losses, costs, damages, liabilities and expenses (including without limitation attorneys’ fees) in relation to or arising from (i) your use or inability to use the Services, (ii) your User Data, (iii) your failure to comply with any applicable laws and regulations (including any privacy laws), (iv) your violation of any third party right, including without limitation any copyright, property or privacy right, or (v) your breach of any obligations set forth in this Agreement. You shall not settle any such claim without the written consent of the applicable indemnified party.
For any third-party claim covered under this indemnification provision, we will notify you upon becoming aware of the claim, and you will also defend such claim at your expense if instructed by us to do so. If we or our partners or licensors are obligated to respond to a third-party subpoena or other compulsory legal order or process, you will also reimburse us for reasonable attorneys’ fees, as well as employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process at the applicable then-current hourly rates.
TERM, SUSPENSION AND TERMINATION
This Agreement will remain in full force and effect while you use the Services. We reserve the right (but have no obligation) to investigate and/or take appropriate action against you in our sole discretion if you violate this Agreement or otherwise create liability for us or any other person. Such actions could include suspending or terminating your rights with respect to the Services, with or without notice. If your rights with respect to the Services are suspended or terminated, you agree to make no further use of the Services as directed by Cove for the duration of the suspension or indefinitely following termination.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – APPLICABLE TO THE FULL EXTENT PERMITTED BY LAW
You and Cove mutually agree to waive, to the fullest extent permitted under applicable law, our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration as set forth below. This agreement to arbitrate (“Arbitration Agreement”) survives the termination of the Terms. To the fullest extent permitted under applicable law, any arbitration under this Section will take place on an individual basis and class arbitrations and class actions are not permitted. Except as expressly provided below, this Section applies to all Claims (defined below) between you and Cove, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. “Claims” means to the fullest extent permitted under applicable law, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: the Terms and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Services, any other goods or services made available through the Services, the threatened or actual suspension, deactivation or termination of your membership in the Services or this Agreement, payments made by you or any payments made or allegedly owed to you, and all other common law and statutory claims between you and Cove or its affiliates and their respective employees, officers, directors and shareholders. To the fullest extent permissible by applicable law, disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator.
Notwithstanding the preceding paragraph, neither party shall be obligated to submit to arbitration a Claim for injunctive relief, specific performance, or any other equitable remedies to which such party may be entitled.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND COVE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS AGREEMENT OR REQUIRED BY APPLICABLE LAW. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.
ANY CAUSE OF ACTION OR ARBITRATION DEMAND MUST BE COMMENCED OR SUBMITTED TO THE AAA WITHIN ONE (1) YEAR AFTER THE ALLEGED INJURY HAS BEEN DISCOVERED OR REASONABLY COULD HAVE BEEN DISCOVERED. OTHERWISE, SUCH CAUSE OF ACTION OR DEMAND IS PERMANENTLY BARRED.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) and pursuant to the applicable AAA rules. You can learn more about the AAA and its rules and processes at www.adr.org. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of arbitration rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of class, collective or representative proceeding.
If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of the Terms containing an arbitration provision. Your notice to us under this subsection must be submitted to the address here:
Cove Property Management, LP
Attn: Legal Department
2999 North 44th St, Suite 200
Phoenix, AZ 85018
All Claims between us, whether subject to arbitration or not, will be governed by Delaware law, excluding Delaware conflict of laws rules, except to the extent that Delaware law is contrary to or preempted by federal law.
If a Claim between you and us is not subject to arbitration, you agree that the Claim must be resolved exclusively in the U.S. District Court for the District of Arizona or a state court located in Maricopa County, Arizona, and that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such Claim.
If any provision of this Section is found unenforceable, that provision will be severed and the balance of the dispute resolution provision will remain in full force and effect
NON-US USERS
The Services are operated from the United States and international users of the Services agree to be subject to applicable laws in the United States as set forth in this Agreement. Please note that other countries may have laws and regulatory requirements that differ from those in the United States, and if you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with all local laws.
ADDITIONAL TERMS FOR APPLE DEVICE USERS
App Terms
We make Apps available to you in connection with the Services. You must at all times access and use Apps in accordance with this Agreement, all applicable laws, and the Apple Device Terms below (if applicable). You may delete Apps from your mobile device by using the standard uninstall processes as may be available as part of your mobile device.
The following additional terms and conditions (the “Apple Device Terms”) govern your use of an App should you choose to download it via the Apple App Store (if such downloads are available) or operate it on any device you own or control which runs any Apple mobile operating system, including, but not limited to, iPhone, iPad and iPod touch devices (each, an “Apple Device”). You hereby acknowledge that this Agreement is between you and Cove, and not Apple, Inc. (“Apple”) and that Cove, and not Apple, is solely responsible for any App made available by Cove that you downloaded via the Apple App Store and installed on your Apple Device.
Scope of License. Without limiting the other terms and conditions of this Agreement, you may only use the App on your Apple Device as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support: Cove is solely responsible for providing any maintenance and support services with respfcect to the App, as specified in this Agreement, or as required under applicable law. Cove and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty: The App is provided subject to the disclaimers and limitation of liability sections above. If any warranty is imposed by law in respect of the App and not effectively disclaimed by that section, then in the event of any failure of the App to conform to such warranty, you may notify Apple, and Apple will refund you the purchase price (if any) for the App; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to such warranty will be Cove’s sole responsibility.
Product Claims: You acknowledge that Cove, not Apple, is responsible for addressing any claim you or any third-party may have relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the App or your possession and/or use of the App infringes that third-party’s intellectual property rights, Cove, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, (ii) you are not listed on any U.S. Government list of prohibited or restricted parties, and (iii) you will comply with all relevant U.N. and EU sanctions and embargoes.
Developer Name and Address: Any questions, comments, complaints or claims relating to the App and/or your use of the App must be directed to: Cove Communities, Attn: App Questions, 2999 North 44th St, Suite 200 Phoenix, AZ 85018.
Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement and, upon your acceptance of the terms of this Agreement, Apple will have the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
NOTICE TO CALIFORNIA RESIDENTS.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
FORCE MAJEURE
You agree that Cove is not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, pandemics and epidemics, labor shortages (including lawful and unlawful strikes), embargoes, communications disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
GENERAL TERMS
This Agreement, together with the Privacy Policy, any Additional Terms, and any separate written agreements between you and Cove, constitute the sole agreements between you and Cove for your use of the Services, and the subject matter hereof. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Should any provision of this Agreement be held invalid or unenforceable, such provision will be modified to the extent necessary to render it enforceable without losing its intent or severed from this Agreement if no such modification is possible, and other provisions of this Agreement will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and any rights and licenses granted hereunder, may not be transferred, delegated or assigned by you, but may be assigned, delegated or transferred by Cove without restriction. Any attempted assignment, subcontract, delegation or transfer by you in violation of the foregoing will be null and void. This Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. Certain of our licensors and suppliers may be third-party beneficiaries of this Agreement and have the right to enforce this Agreement against you.
If you have any questions about the Website, Platform, App, or this Agreement, please contact us at info@covecommunities.com.