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Terms Of Use

TERMS OF USE LAST REVISED: July 6, 2020

1. SCOPE OF THIS AGREEMENT

THIS WEBSITE AND ITS AFFILIATED PAGES (COLLECTIVELY, THE “SITE”) IS MADE AVAILABLE BY COVERED CARE, LLC AND BYTE (COLLECTIVELY “WE,” “US,” OR “OUR”). WHEN WE USE THE TERM “YOU” OR “YOUR” IN THIS TERMS OF USE, IT REFERS TO ANY PERSON OR ENTITY (OR ANY AUTOMATED SERVICE OR PROGRAM ACTING BY OR ON BEHALF OF A PERSON OR ENTITY) THAT ACCESSES, VIEWS, OR COLLECTS INFORMATION FROM THE SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS FOUND IN THIS TERMS OF USE DOCUMENT (THE “TERMS OF USE”). THE TERMS OF USE DOCUMENT GOVERNS YOUR USE OF THE SITE, SO YOU SHOULD READ IT CAREFULLY. IF YOU DO NOT AGREE TO THE TERMS OF USE, YOU SHOULD DISCONTINUE YOUR USE AND/OR ACCESS OF THIS SITE.

You may use the Site to apply for credit  to finance your purchase from Byte (“Account”) and to access information or communicate with us about the Account.

If you apply and are approved for an Account, you will be presented with, and asked to agree to, certain terms, conditions and disclosures for the Account (the “Line of Credit Agreement”). The Account will be governed by the terms and conditions of the Line of Credit Agreement, and in the event of a conflict between this Terms of Use and the terms of the Line of Credit Agreement, the latter will control.

2. AMENDMENTS TO THE TERMS OF USE

We reserve the right to amend this Terms of Use document at any time and without notice to you. The most recent date on which the Terms of Use was revised appears above. If you access and/or use the Site following a revision of the Terms of Use document, your access and/or use of the Site constitutes your acceptance to the Terms of Use as revised.

3. SITE CONTENT

This Terms of Use governs the products, services, information, materials, graphics, arrangement, coding, design, text, sound and other items contained on the Site (collectively, the “Content”). Site Content may be provided by us or our licensors, or by you if you upload User Content as defined elsewhere in these Terms of Use. The Content may be changed by us at any time, and without notice to you. Any Content that appears on the Site with an “as of” date is considered to be published on the Site as of that date. We reserve the right to terminate any Content or the Site in its entirety at any time, without prior notice.

You agree that you may not modify, translate, or create derivate works, adaptations or compilations of, or based on the Content or any part thereof, or use, copy, or reproduce any of the Content except as may be expressly permitted by these Terms of Use. You may not assign, sublicense, lease, sell, grant a security interest in, or otherwise transfer the Content.

4. YOUR USE OF THE SITE

The Site, and the products and services described on the Site, are intended for use by individuals who are at least 18 years old. If you are under the age of 18, you should not be visiting the Site. We do not knowingly collect any information from individuals who are under the age of 13. We advise all visitors to the Site under the age of 13 not to disclose or provide any personally identifiable information. To learn more about the Children’s Online Privacy Protection Act (“COPPA”) please visit the Federal Trade Commission (“FTC”) site at www.ftc.gov.

You may view and use the Content contained on the Site only for informational, non-commercial purposes. Any use of the Site or the Content in the furtherance of any commercial venture or enterprise by you is strictly prohibited. You may not use the Site, any of our products or services or your Account for any illegal purpose or in violation of any local, state, national, or international law.

You agree not to attempt to log on to the Site or to register for any of our products or services or apply for an Account from any country under sanctions by the Office of Foreign Asset Control (“OFAC”). Which countries are under sanctions may be found on the United States Department of the Treasury website. Any attempt to log on to the Site from such a country may result in your access being restricted or terminated.

Any attempt to reverse engineer, duplicate, spoof, disrupt, damage, corrupt, or destroy the Site or the Content is expressly prohibited. You agree that any use of scrapers, robots, or other data-gathering devices not provided by us through the Site is expressly prohibited. You agree not to interfere with the operation of the Site or any other party’s use or enjoyment of the Site by (among other things) uploading or disseminating any virus, adware, spyware, worm, or other malicious code, making any unsolicited offers or advertisements to another user of the Site, attempting to collect any data from a third party or another user of the Site without their consent, or otherwise interfering with or disrupting any network, equipment, or server connected to or used to provide the Site, or the products and services available through the Site. To the extent that any such attempts constitute a violation of criminal or civil law, we reserve the right to seek appropriate redress to the fullest extent available under applicable law.

You may not imply or otherwise represent that you are in any way affiliated with or endorsed by us without our express written permission.

In addition to other monitoring of the Site that is discussed in our Website Privacy Policy, your use of the Site may be monitored, tracked, and recorded for the purpose of ensuring your compliance with the requirements and limitations of this Section 4. By using the Site, you expressly consent to such monitoring, tracking, and recording.

Any unauthorized use of the Site or the Content is strictly prohibited. If we reasonably believe that you are using the Site or the Content for any unauthorized purpose we may immediately restrict or terminate your ability to access and/or use the Site and the Content.

5. PRODUCTS AND SERVICES

The products and services described on or made available through the Site, including their terms, conditions, availability or pricing, are subject to change. We will provide you with notice of such changes only if required under the Credit Agreement or applicable law. The availability of the products and services described on or made available through the Site may differ depending on geographic locations. By offering information about the products and services on the Site no solicitation is made by us to any person whose use of such information or services in geographic locations where such information or services is prohibited by law or is otherwise unavailable. If you apply for an Account through the Site you agree to provide accurate, true, current and complete information during the application process.

6. COPYRIGHT AND TRADEMARK NOTICES

(A) GENERALLY
The works of authorship contained on the Site, including but not limited to all Content, are owned (except as otherwise expressly stated) by us. Except as may be expressly stated on the Site they may not be copied, transmitted, displayed, performed, distributed (whether for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used – in whole or in part – except to the extent as expressly permitted by applicable law and then only with clear and conspicuous notice of our proprietary rights. However, you may download Content from the Site for your personal use, so long as you do not remove or alter any copyright or other notice as may be contained in the Content when downloaded or printed.

We claim certain registered (where so indicated) and unregistered trademarks and services marks in the Content and trade dress of this Site. Unauthorized use or reproduction of any such trademarks and service marks is prohibited.

(B) NOTICE FOR CLAIMS OF INTELLECTUAL PROPERTY VIOLATIONS

We respect the intellectual property of other parties. We respond to notices of alleged copyright infringement when we receive notice of such infringement, as outlined below. If you believe that the Content of this Site is used or presented in manner that constitutes copyright infringement, you may send us a notice of such alleged infringement by electronic mail to legal@coveredcredit.com

Under applicable law your notice of an alleged copyright infringement must include:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged infringed;

  2. Identification of the copyright work claimed to have been infringed (if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site);

  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Covered us to locate the material

  4. Information that is reasonably sufficient to permit Covered us to contact the complaining party, such as an address, telephone number, and (if available) an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate and (under the penalty of perjury) that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

7. LINKS TO OTHER SITES

Your use of the site requires that you provide your online bank account credentials and that you agree to these Terms ("Terms"). By using our service, you grant us the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed in accordance with the Privacy Policy.

We may establish on this Site links and pointers to websites that are operated and maintained by third parties (each, a “Third Party Site”). These links are provided solely as pointers to information on topics that may be useful to you. However, the establishment of any link to a Third Party Site is not a recommendation or endorsement by us of any products, services, information, goods, ideas, or opinions that may be found on any Third Party Site. We make no warranties, either express or implied, concerning the content of any Third Party Site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose. We do not warrant that any Third Party Site is free from any claims of copyright, trademark, or other infringement. We do not warrant that any Third Party Site is free from any viruses or other contamination. You understand that Third Party Sites may have a privacy policy that is different from our privacy policy and that Third Party Sites may provide less security than this Site. The choice to access a Third Party Site, or to purchase or otherwise use any of the products or services advertised or provided on a Third Party Site is yours, in your sole discretion.

8. POTENTIAL FOR SITE DISRUPTION

Your access to the Site may, from time to time, be unavailable, delayed, limited or slowed due to, among other things:

  • Hardware failures, including (among other things), failures of computers (including your own), servers, networks, telecommunication lines and connections and other electronic and mechanical equipment.
  • Software failures, including (among other things) bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls of screening programs, unreadable codes, or irregularities within Content;
  • Overload of system capacity.
  • The occurrence of one or more “force majeure” events, such as severe weather, earthquakes, wars, insurrection, riots, civil disobedience, strikes and/or work stoppages, accident, fire, water damage, explosions, mechanical breakdowns, natural disaster, or other acts of God.
  • Power supply interruption or utility service interruption.
  • Legal or governmental restrictions including (but not limited to) court rulings or orders, restrictions imposed by regulatory bodies, or other forms of human intervention.
  • Any other cause that is beyond our control.

9. DISCLAIMER OF WARRANTIES

BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR, AS WELL AS OTHER FACTORS, WE AND OUR AFFILIATES ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FROM THE CONTENT MADE AVAILABLE ON THE SITE. YOU ACKNOWLEGE THAT NEITHERWE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE PRODUCTS, SERVICES, OR CONTENT ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, ALL CONTENT IS PROVIDED “AS IS” TO THE USER OF THE SITE, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR ANY PARTICULAR PURPOSE OR FREEDOM FROM COMPUTER VIRUS IS GIVEN IN CONJUNCTION WITH THE CONTENT. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE SITE, ANY INCOMPATABILITY BETWEEN THE SITE AND YOUR FILES AND BROWSER, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND OUR CONTROL.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE, OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DAMAGES, LOSSES, OR LIABLITIES INCLUDING (WITHOUT LIMITATION) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOUR RELIANCE ON THE CONTENT, OR IN CONNECTION WITH ANY FAILURE OF AVAILABILITY, PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OF SYSTEM FAILURE, EVEN IF WE, OUR AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

11. YOUR PRIVACY WHEN VISITING THE SITE

Please review our Website Privacy Policy, which also governs your visit to this Site.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold us, our affiliates and their shareholders, directors, officers, employees, agents, and independent contractors harmless from and against all claims and expenses, including attorney’s fees, arising out of your violation of these Terms of Use or your misuse of this Site, the Content, your use of our services or your use of any Account.

13. SEVERABILITY AND MODIFICATION

In the event that any of the terms or provisions of this Terms of Use is held to be unenforceable, the remaining terms and provisions shall be unimpaired, and the unenforceable term or provision shall be modified or replaced with an enforceable term or provision that comes as close to the intention of the term or provision deemed unenforceable.

We reserve the right to change the Terms of Use at any time, without notice, and in our sole discretion. Please check these Terms of Use periodically for changes. The most recent revision date of these Terms of Use is found above.

14. GOVERNING LAW AND JURISDICTION

You agree that your use of the Site shall be governed by all applicable federal laws and the laws of the State of Texas, without giving effect to any principles of conflict of law. To the extent permitted by applicable law, you agree to submit to the sole and exclusive jurisdiction of the state and federal courts sitting in the City of Dallas in the State of Texas. See our Privacy Policy here.

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