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Welcome to RealCovery. By using the services on the RealCovery websites (RealCovery.com and other related websites where this agreement appears), you are agreeing to the following terms, including those available by hyperlink, with RealCovery Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our Help section.
All RealCovery users must read and agree to the agreements in the column titled "Agreements for All Users". In addition, if you are using any of the services listed in the other columns, you must read and agree to the applicable agreement(s). We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of some RealCovery-branded websites or websites we operate may be governed by separate user agreements and privacy policies. The agreement that applies on any of our domains and subdomains is always the agreement that appears in the footer of each website.
This User Agreement ("Agreement") is a contract between you and RealCovery and applies to your use of RealCovery`s Services. You must read, agree with and accept all of the terms and conditions contained in this Agreement. We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a Substantial Change, we will provide you with 30 Days` prior notice of Substantial Change by posting notice on the "Policy Updates" page of our website.
11. RealCovery assumes no liability or responsibility, whether express or implied, for the Product`s infringement of present or future patents or intellectual property rights belonging to third parties.
12. Reseller shall immediately inform RealCovery of any infringement or suspected infringement of RealCovery`s patents or other intellectual property rights and/or the End User Agreement supplied together with the Product. In the event that RealCovery decides, at its own discretion, to defend such right, the Reseller shall be obliged to assist RealCovery in such an action, provided that any costs shall be borne by RealCovery.
Limitation of Liability
13. IN NO EVENT WILL RealCovery BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) ARISING FROM OR RELATING TO THIS AGREEMENT, THE BENEFITS, RealCovery PRODUCTS, OR SUPPORT PLANS, EVEN IF RealCovery KNEWS OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, SUCH DAMAGES. RealCovery`S TOTAL LIABILITY ARISING FROM OR RELATING TO THIS AGREEMENT, THE BENEFITS, RealCovery PRODUCTS, OR SUPPORT PLANS, WHETHER SUCH DAMAGES ARE BASED ON TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE RESELLER SHOULD IN NOW WAY ALTER OR MODIFY THE WARRANTY DISCLAIMER AND LIABILITY LIMITATIONS CLAUSES IN THE END USER AGREEMENT.
Guarantee
14. RealCovery shall honor the warranties specified in the End User Agreement supplied with the Products. Any other warranties in relation to the Products, including those implied by law, are hereby excluded.
Delivery
15. RealCovery shall endeavour to ship the Products ordered by Reseller within one month from the date on which RealCovery receives a written order from Reseller; provided that RealCovery shall not be held to be in breach of this clause if the Products are not shipped to Reseller within the stipulated time because of a shortage in the Product/s ordered or because of any other reason beyond the control of RealCovery.
16. Products to be delivered electronically shall be so delivered within two weeks from the date of order, unless delivery within such a period is impossible in virtue of a cause independent of RealCovery`s will and control.
Term and Termination
17. This Agreement shall remain in force for a period of one year, starting on the Effective Date, and shall be automatically renewed for further periods of twelve (12) months each unless either party gives to the other one month`s prior written notice that it does not intend to renew the same.
18. Either party may terminate this Agreement by giving to the other party thirty (30) days` written notice of its intention to terminate, without prejudice to the rights of any of the parties to any outstanding fees or monies due under this Agreement.
Confidentiality
19. The parties undertake not to disclose to third parties any information obtained by them in pursuance of this Agreement, unless such party is obliged to do so by law or a competent authority or by the stock exchange rules or such disclosure is necessary so that that party can perform its obligations under this Agreement. Failure by any of the parties to respect this clause shall render it liable to minimum pre-liquidated damages of one thousand US dollars to the other party.
Assignment
20. Assignment by Reseller of the whole of this Agreement shall be permitted subject to the written consent of RealCovery. RealCovery shall have the right to assign all or any of its rights and obligations under this Agreement to a successor company in conjunction with an asset transfer undertaken in a restructuring of RealCovery`s business. Where the Reseller is a limited liability company any change in the current shareholding of the company affecting the holders of more than fifty per cent (50%) of the equity and/or voting power in the same, will be considered an assignment for the purposes of this Agreement.
Entire Agreement and Amendment
21. This Agreement constitutes the entire understanding between the parties in relation to the Products and may only be amended by an instrument in writing duly entered into by both parties.
Notices
22. Any notices or other communication between the parties with respect to this Agreement shall only be considered to have been validly made when they are written in English and shall be considered to have been received by the other party when;
* Delivered by an e-mail, on the day that the sender receives a faxed copy signed by the receiver;
* Delivered by fax;
* Delivered by hand;
* Delivered by registered mail.
Enforceability
23. If any provision of this Agreement is found unenforceable, such provision shall be changed and interpreted in a way to accomplish the objectives of such provision to the greatest extent possible and the remaining provisions shall continue to be in force and have full effect.
Indemnification
24. Reseller shall defend, indemnify and hold RealCovery harmless from any or all claims, losses, damages, debts, settlements, costs, expenses and liabilities arising from the marketing and/or the distribution of the Products.
Governing Law and Disputes
25. This Agreement shall be governed by and construed in accordance with Hong Kong law. Any disputes arising in relation to this Agreement shall be settled by arbitration in accordance with the rules of the Hong Kong Arbitration Centre.
Privacy Policy
For information about the collection and use of your information, we do not sell or rent it to third parties for their marketing purposes without your explicit consent. We use your information only as described in the RealCovery Privacy Policy. We view protection of users` privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the RealCovery Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services or resell our products.
Abusing RealCovery
RealCovery and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
RealCovery`s Verified Rights Owner (VeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify our VeRO team our and we will investigate.
Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time.