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End User License Agreement (EULA)

This End User License Agreement (“Agreement”) governs your access to and use of services, leads, data, and related deliverables (“Services”) provided by Covered Commerce, including but not limited to Covered Commerce, Blue Goose Partners, Cover My Pregnancy, and any other subsidiaries, affiliates, brands, or websites owned or managed by Covered Commerce (“Licensor”).

By accessing or using the Services, you (“Licensee”) agree to be bound by the terms of this Agreement. If you do not agree, do not use the Services.

1. LICENSE GRANT

Licensor grants Licensee a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with this Agreement and solely for the permitted business purpose(s) outlined in writing by Licensor.

2. LICENSEE OBLIGATIONS

  • Use the Services only for their intended purpose and in compliance with all applicable laws and regulations.
  • Maintain the confidentiality of all data, including leads, and protect such data from unauthorized use, disclosure, or access.
  • Promptly notify Licensor of any actual or suspected breach of security involving the Services or the data provided.

3. RESTRICTIONS

Licensee may not:

  • a. Modify, adapt, translate, reverse engineer, decompile, or disassemble any Covered Commerce websites, platforms, or systems.
  • b. Use the Services for any unlawful purpose or in violation of applicable laws or regulations, including laws governing consumer privacy. Licensee shall indemnify and hold Licensor harmless for violations, including Licensor’s attorney fees and costs.
  • c. Attempt to gain unauthorized access to any Covered Commerce system or related infrastructure.
  • d. Use any automated means to access or use the Services without express written consent from Licensor.
  • e. Use leads for any other marketing purpose or for products/services outside the licensed scope. Leads must only be used for the specific permitted product/service (e.g., a breast pump lead allows permitted use only for breast pump outreach). Improper use of a lead shall be deemed unlicensed activity and subject to penalties:
    • $500.00 for the first violation;
    • $1,000.00 for the second violation;
    • $5,000.00 for the third violation.

Licensor reserves the right, in its sole discretion, to immediately revoke any license granted under this Agreement at any time.

4. INTELLECTUAL PROPERTY

All Covered Commerce websites, platforms, brands, content, and deliverables, including but not limited to text, graphics, logos, images, databases, and software, are the exclusive property of Licensor and protected by intellectual property laws. Licensee may not use, reproduce, distribute, or create derivative works without express written consent from Licensor.

5. DATA OWNERSHIP AND USE

  • All leads and associated data provided through the Services remain the sole property of Licensor.
  • Licensee receives a limited right to use leads solely for the licensed and agreed-upon business purpose.
  • Any resale, transfer, or unauthorized disclosure of leads is strictly prohibited and grounds for immediate termination.

6. DISCLAIMER OF WARRANTIES

The Services are provided “AS IS” without warranty of any kind. Licensor disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

7. INDEMNIFICATION

Licensee shall indemnify, defend, and hold harmless Licensor, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from or related to Licensee’s use of the Services or violation of this Agreement.

8. LIMITATION OF LIABILITY

To the maximum extent permitted by law, Licensor shall not be liable for indirect, incidental, consequential, special, or punitive damages, including lost profits or business interruption, arising from or related to the Services, even if advised of the possibility of such damages. Licensor’s aggregate liability shall not exceed the amount paid by Licensee for the Services during the three (3) months prior to the claim.

9. TERMINATION

Licensor may terminate this Agreement and revoke Licensee’s access to the Services immediately upon written notice if Licensee violates any provision of this Agreement. Upon termination, Licensee must immediately cease use of the Services and destroy all data obtained.

10. GOVERNING LAW

This Agreement shall be governed by and construed under the laws of the State of Maryland, without regard to its conflict of laws principles. Venue shall lie exclusively in the courts located in Maryland.

11. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous understandings, agreements, or representations. Licensor may update this Agreement at any time by providing written notice to Licensee.

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