These Terms of Service (“Terms”) govern your access to and use of the service provided through the CocoonMe website (the “Site”), and any information uploaded to the website (collectively referred to as your “Preferences”). Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Site you agree to be bound by these Terms.

Basic Terms

You are responsible for your use of the Site and for any Preferences you upload to the Site.

The Site that CocoonMe provides is always changing and changes can occur without prior notice to you. CocoonMe may also stop (permanently or temporarily) providing the Site (or any features) to you or to all users generally without prior notice.

CocoonMe gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by CocoonMe as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by CocoonMe, in the manner permitted by these Terms.

Privacy

Any Preference (data) that you provide to use is subject to our Privacy Policy

Passwords

You are responsible for safeguarding the username and password that you use to access the Services and for any activities or actions under your password. We are not responsible for the access of your account through the loss or sharing of your password.

CocoonMe Rights

All right, title, and interest in and to the Site are and will remain the exclusive property of CocoonMe and its partners. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the CocoonMe name or any of the CocoonMe trademarks, logos, domain names, and other distinctive brand features.

Restrictions on Use of the Site

We reserve the right at all times to terminate users. You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, CocoonMe’s computer systems, or the technical delivery systems of CocoonMe’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Site by any means (automated or otherwise) other than through our currently available, published interface that is provided by CocoonMe (and only pursuant to those terms and conditions). (iv)) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of Preferences in such a manner as to interfere with or create an undue burden on the Site.

Disclaimer

CocoonMe and its partners make no warranty with respect to the Site or the performance of the site, express or implied, and CocoonMe hereby disclaims the implied warranties of merchantability and fitness for a particular purpose. CocoonMe does not warrant that the functions provided by the Site will be error free, uninterrupted, secure, or virus-free. CocoonMe and its partners shall have no liability for the accuracy, completeness or timeliness of information.

CocoonMe does not control the flow of data to or from CocoonMe’s network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. Actions or inactions of such third parties can impair or disrupt the member's connections to the Internet (or portions thereof). CocoonMe cannot guarantee that such events will not occur. Accordingly, CocoonMe disclaims any and all liability resulting from or related to such events, and in no event shall CocoonMe or its partners be liable for any damages (whether in contract or in tort, including negligence) that are attributable to the public Internet infrastructure or the member's ability to connect to the Internet.

Limitation of Liability and Third-Party Indemnification

CocoonMe and its partners shall not be liable for special, incidental, punitive, indirect or consequential damages of any kind in connection with or arising out of this Agreement or the furnishing, performance or use of the service acquired from CocoonMe (however arising, under any theory including, but not limited to, negligence, contract or strict liability), including, but not limited to, interrupted communications, lost data, lost revenue, lost profits, loss of technology, loss of rights or services and/or damages that result from inconvenience, delay or loss of use of any information or data, even if the Customer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy herein. The member shall indemnify and hold CocoonMe and its partners harmless from all claims and demands of any third parties arising from the use by the Customer (or Authorized Third Parties) of the Service.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of Michigan without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in Ottawa County, Michigan, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Michigan (excluding choice of law).

Entire Agreement

These Terms and our Privacy Policy are the entire and exclusive agreement between CocoonMe and you regarding the Site. We may revise these Terms from time to time, the most current version will always be online here. By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms.