TERMS OF USE

Introduction

These Terms of Use apply to https://shopcovecreek.com (the “Website” or the “Site”). The Site is operated by Body & Soul Labs LLC, dba Cove Creek (“Cove Creek”). The brand "Cove Creek" is a trademark brand of Body & Soul Labs LLC. Throughout the Site, the terms “we,” “us” and “our” refer to Body & Soul Labs LLC, dba Cove Creek. Cove Creek offers this Website, including all information, products and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your use of this Site constitutes your agreement to these Terms of Use.

Terms of Use Do Not Apply to Software, Product or Service Offerings

These Terms of Use do not apply to any product or service we offer for sale on the Site. Those product or service offerings are subject to separate terms and conditions that accompany the applicable product or service offering.

Accuracy, Completeness and Timeliness of Information on This Site

Cove Creek is not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the content of this Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.

Use of Materials on the Site

All content on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Cove Creek, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the Site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes competitive to Cove Creek, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Cove Creek reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. Cove Creek, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Cove Creek’s sole discretion. Cove Creek neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Cove Creek. You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Body & Soul Labs LLC dba Cove Creek reserves the right, in its sole discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Body & Soul Labs LLC dba Cove Creek may be entitled at law or in equity.

Conduct on the Site

Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself. Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Cove Creek immediately. Cove Creek may assume that any communications Cove Creek receives under your password have been made by you unless Cove Creek receives notice otherwise. You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, those listed at the Trademark Details page. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Cove Creek’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Cove Creek’s express written consent.

Return Policy

Sales on this Site are subject to our Return Policy found at our Return Policy page.

Trademarks and Copyrights

Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Body & Soul Labs LLC, dba Cove Creek, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Body & Soul Labs LLC, dba Cove Creek reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Infringement Notice

You are hereby informed that Body & Soul Labs LLC, dba Cove Creek has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Body & Soul Labs LLC, dba Cove Creek’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent: Body & Soul Labs LLC, P.O. Box 130, Old Fort, NC 28762. To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent at the above address, and (iii) include substantially the following: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, 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 infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider 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 use of the material in the manner complained of 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 penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Body & Soul Labs is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.

Disclaimers

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. BODY & SOUL LABS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BODY & SOUL LABS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. BODY & SOUL LABS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BODY & SOUL LABS NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, BODY & SOUL LABS’ REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF BODY & SOUL LABS, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER BODY & SOUL LABS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH BODY & SOUL LABS IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND BODY & SOUL LABS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Body & Soul Labs, LLC dba Cove Creek and its affiliates and their officers, directors, employees, distributor Consultants, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site, any information or other content you supply, and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Body & Soul Labs LLC, dba Cove Creek reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Body & Soul Labs LLC, dba Cove Creek in the defense of such matter.

Jurisdiction and Applicable Law

The laws of the State of North Carolina govern these Terms of Use and your use of the Site, and you irrevocably consent to the exclusive jurisdiction of the courts located in the County of McDowell for any action arising out of or relating to these Terms of Use or use of this Website. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. This Site has been designed to comply with the laws of the State of North Carolina and of the United States. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

Body & Soul Labs LLC dba Cove Creek reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the Site after any changes to the Terms of Use or other policies means you accept the changes. In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Website and the revised terms will take effect thirty days after their publication on the Site.

Entire Agreement and Admissibility

This agreement and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Body & Soul Labs LLC dba Cove Creek with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

How to Contact Us

If you have any questions or comments about these Terms of Use or this Site, please contact us by writing to: Cove Creek, P.O. Box 130, Old Fort, North Carolina 28762, USA.

Thank you for visiting our Site.

Last updated: June 23, 2021