Terms & Conditions
The rules for using Coverking.com, operated by Custom Products Inc., and for ordering Coverking products.
Coverking.com and its related sites, subdomains, applications, and services (the “Services”) are owned and operated by Custom Products Inc. (“CPI,” “Coverking,” “we,” “us,” or “our”). These Terms of Service (the “Terms”) are a binding legal agreement between you and CPI governing your access to and use of the Services and your purchase of Coverking products.
Electronic communications and consent (E-SIGN / UETA)
You consent to transact business with us electronically and to receive communications from us electronically — including by e-mail, text, in-app or on-site notices, and other electronic messages. You agree that your electronic acceptance (such as clicking “I agree,” creating an account, or completing a purchase) has the same legal effect as a handwritten signature and satisfies any legal requirement that a communication or agreement be in writing, consistent with the federal E-SIGN Act (15 U.S.C. § 7001 et seq.) and the California Uniform Electronic Transactions Act (Cal. Civ. Code § 1633.1 et seq.). You may withdraw consent to receive certain non-transactional electronic communications as described in those communications, but doing so may prevent you from using the Services.
Eligibility and accounts
You represent that you are at least 18 and that all information you provide is accurate and current. You are responsible for safeguarding your account credentials and for all activity under your account. We may refuse service, terminate accounts, cancel orders, or remove or edit content in our sole discretion, at any time, for any reason permitted by law.
Orders, pricing, and payment
All prices are in U.S. dollars and may change at any time without notice. Product descriptions, images, and availability may contain errors; we do not warrant that descriptions or other content are accurate, complete, reliable, current, or error-free. We reserve the right, in our sole discretion, to limit quantities, refuse or cancel any order, and correct pricing or other errors, even after an order is submitted or payment received (in which case we will refund amounts paid for the cancelled items). Your submission of an order is an offer to buy; acceptance occurs only when we ship the product. Title and risk of loss pass to you upon our delivery to the carrier. You are responsible for all applicable taxes and any duties. We do not currently offer auto-renewing subscriptions; if any subscription or recurring offering is introduced, it will be governed by separate terms consistent with the California Automatic Renewal Law.
Chargebacks and payment fraud
You agree to contact us to resolve any billing concern before initiating a chargeback. Filing a chargeback that we determine to be fraudulent, in bad faith, or in breach of these Terms may result in suspension of your account, cancellation of pending orders, and recovery of amounts owed and reasonable costs to the extent permitted by law. We may use fraud-screening tools and decline or cancel orders we reasonably suspect to be fraudulent or unauthorized.
Custom-made products
Most Coverking products are custom-made to order for a specific vehicle and are non-cancellable and non-returnable except as expressly stated on our Refund/Returns and Warranty pages (incorporated by reference) or as otherwise required by applicable law. Fitment depends on the accuracy of the vehicle and product information you provide; CPI is not responsible for fit or performance issues arising from inaccurate or incomplete information you supply.
License to use the Services; restrictions
CPI grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes, subject to these Terms. You shall use the Services for lawful purposes only and shall not: violate any law or third-party right; post or transmit unlawful, infringing, defamatory, abusive, obscene, or otherwise objectionable material; advertise or solicit without our prior written approval; use bots, automated agents, or other automated means to access, collect, or harvest data; interfere with or disrupt the Services; reverse engineer or attempt to gain unauthorized access; or use the Services to compete with us. Any conduct that, in our reasonable discretion, restricts or inhibits others’ use of the Services is prohibited.
Intellectual property
All content on the Services — including logos, trademarks, photography, text, designs, patterns, software, and their selection and arrangement — is owned by or licensed to Custom Products Inc. and is protected by U.S. and international intellectual property laws. “Coverking” and associated logos are trademarks of CPI; all rights reserved. Except as expressly permitted, you may not copy, reproduce, modify, distribute, publicly display, create derivative works from, transmit, sell, or exploit any content without our prior written permission. No ownership or license rights are transferred to you except the limited license above. Vehicle makes, models, and other third-party names referenced on the Services are the trademarks of their respective owners and are used only for identification and fitment purposes; their use does not imply affiliation or endorsement.
User submissions
Any content you submit (reviews, photos, ideas, suggestions, communications, etc.) is non-confidential and non-proprietary. By submitting, you grant CPI and its affiliates a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or later developed, and to use your name and city in connection with it without compensation. You waive any moral rights to the extent permitted by law, and you represent that you own or control the rights to the content and that it does not violate any law or third-party right. You are solely liable for your submissions. We have no obligation to use, monitor, or retain submissions and may remove any content in our sole discretion.
Third-party content, links, and services
The Services may include content from, links to, or integrations with third parties. CPI does not endorse and is not responsible for third-party content, websites, products, or services, and your dealings with third parties are solely between you and them. Dealers and business associates identified on the Services are independent contractors, not partners, joint venturers, agents, or employees of CPI.
Accessibility
CPI is committed to making the Services accessible and works toward conformance with recognized accessibility standards. If you encounter difficulty accessing any part of the Services, please contact support@coverking.com so we can assist you and work to provide the information, product, or service you need through an alternative method.
Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CPI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED FROM THE SERVICES CREATES ANY WARRANTY NOT EXPRESSLY STATED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION LIMITS OR EXCLUDES ANY NON-WAIVABLE STATUTORY WARRANTY OR RIGHT, INCLUDING THOSE UNDER THE CALIFORNIA SONG-BEVERLY CONSUMER WARRANTY ACT. Product warranties, if any, are stated separately on our Warranty page and are the sole express warranties applicable to products.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, CPI, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, CPI’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR A PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CPI FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). CPI IS NOT LIABLE FOR DAMAGES ARISING FROM YOUR MISUSE OF, OR FAILURE TO PROPERLY INSTALL OR MAINTAIN, A PRODUCT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR WILLFUL INJURY UNDER CALIFORNIA CIVIL CODE § 1668, NON-WAIVABLE REMEDIES UNDER THE SONG-BEVERLY CONSUMER WARRANTY ACT, OR LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
Indemnification
You agree to defend, indemnify, and hold harmless CPI and its affiliates, suppliers, licensors, and their respective directors, officers, employees, contractors, and agents from and against any third-party claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms or of any law or third-party right; (b) your content or submissions; or (c) your unlawful or negligent use of the Services or of a product. This indemnification does not apply to the extent a claim arises from CPI’s own gross negligence, willful misconduct, violation of law, or a defect in a product as manufactured.
Dispute resolution — binding arbitration and class-action waiver
(a) Informal resolution first. Before initiating arbitration, you agree to first send a written notice of dispute to support@coverking.com describing the claim and requested relief, and to attempt to resolve the dispute informally for at least 60 days. Any applicable statute of limitations and arbitration filing deadline are tolled during this informal-resolution period.
(b) Binding arbitration. Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or any products (including their advertising, sale, installation, or use), whether based in contract, tort, statute, or otherwise, will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org), rather than in court. If AAA is unavailable or declines to administer, the parties will select another nationally recognized arbitration provider, and if they cannot agree a court may appoint one under Section 5 of the Federal Arbitration Act. The Federal Arbitration Act governs the interpretation and enforcement of this provision. Either party may bring an individual claim in small-claims court if it qualifies.
(c) Arbitration costs. For any claim where the amount in controversy does not exceed $25,000, CPI will pay all AAA filing, administration, and arbitrator fees that exceed the cost of filing the same claim in the applicable court, so that arbitration is not more expensive to you than court would be, except that each party bears its own attorneys’ fees unless a statute or the arbitrator provides otherwise. If the arbitrator finds that the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by Federal Rule of Civil Procedure 11(b)), the allocation of fees will be governed by the AAA Rules.
(d) Class-action and jury-trial waiver. YOU AND CPI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND CPI WAIVE ANY RIGHT TO A JURY TRIAL. The arbitrator may not consolidate more than one person’s claims or preside over any class or representative proceeding.
(e) Mass-arbitration batching. If 25 or more similar demands for arbitration are filed against CPI by or with the assistance of the same or coordinated counsel, the demands will be administered in sequential batches of up to 50 (with filing fees and arbitrator assignments handled in batches) to promote efficiency, and any applicable limitations period is tolled for demands awaiting their batch.
(f) 30-day opt-out. You may opt out of this arbitration agreement by sending written notice to support@coverking.com within 30 days after you first accept these Terms; the notice must state your name and intent to opt out. Opting out does not affect any other provision of these Terms.
(g) Carve-outs. This Section does not require arbitration of: (1) claims to protect intellectual-property or unauthorized-access/security rights, for which either party may seek injunctive or equitable relief in court; and (2) the right to seek public injunctive relief under California law (the McGill rule). Nothing in this Section waives any other right that cannot be waived under applicable law.
(h) Non-severability of class waiver. If the class-action and representative-action waiver in subsection (d) is found unenforceable as to a particular claim or request for relief, then that particular claim or request will proceed in court rather than in arbitration, and the remainder of this Section (including the bar on class arbitration) will continue to apply. The waiver of class arbitration is non-severable from the agreement to arbitrate on an individual basis.
(i) Authority. A court, not an arbitrator, will decide issues regarding the enforceability, scope, or validity of the class-action waiver and of this Section. All other gateway issues are for the arbitrator.
Governing law and venue
These Terms and any dispute not subject to arbitration are governed by the laws of the State of Nevada and applicable U.S. federal law, without regard to conflict-of-laws rules. Subject to the arbitration provision, any permitted court action must be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction and venue there and waive any objection. The U.N. Convention on Contracts for the International Sale of Goods does not apply. However, if you are a California resident, this choice of law and venue does not deprive you of the non-waivable protections of California consumer-protection law — including the Consumers Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), the Song-Beverly Consumer Warranty Act, and the right to seek public injunctive relief — and you may bring qualifying non-arbitrable claims that California law does not permit to be heard elsewhere in a court of competent jurisdiction in your county of residence, applying California substantive law where it cannot be waived.
Time limit on claims
To the fullest extent permitted by law, any claim arising out of or relating to the Services or these Terms must be filed within ONE (1) YEAR after the claim arose, or within the shortest limitations period permitted by applicable law if longer, after which it is permanently barred. This Section does not shorten any limitations period that cannot be contractually shortened under applicable law, including claims under the California Consumers Legal Remedies Act and other non-waivable statutory or fraud claims, which remain subject to their statutory periods.
Force majeure
CPI is not liable for any delay or failure to perform resulting from causes beyond its reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, labor disputes, war, terrorism, civil unrest, governmental action, utility or telecommunications failures, carrier or supplier delays, shortages of materials, or transportation disruptions. This is particularly relevant to custom, made-to-order products, the production and delivery times of which may be affected by such events.
Changes to these Terms
We may modify these Terms at any time. Changes are effective upon posting the updated Terms with a new “Last updated” date, or upon other notice we choose to give. Your continued use of the Services or placement of an order after changes are posted constitutes acceptance. No amendment will apply retroactively to any dispute of which CPI had actual notice before the amendment’s effective date. Material changes to the arbitration agreement will give you a renewed 30-day opt-out right.
Termination; monitoring
We may suspend or terminate your access at any time, with or without notice, for any reason permitted by law. We may, but are not obligated to, monitor or remove content in our sole discretion. Provisions that by their nature should survive termination (including intellectual property, electronic-communications consent, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, and the miscellaneous terms) survive.
Export control
You agree to comply with all U.S. export-control and sanctions laws. You may not use or export the Services or content in violation of those laws, including to embargoed countries or to persons on U.S. restricted-party lists.
DMCA / copyright agent
We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). Notices must include the statutorily required elements and be sent to our designated Copyright Agent at support@coverking.com (Attn: DMCA Agent, Custom Products Inc., 3753 Howard Hughes Parkway, Suite 200, Las Vegas, NV 89169). We may remove allegedly infringing content and terminate repeat infringers in appropriate circumstances.
California consumer rights notice (Civil Code § 1789.3)
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer-rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. Nothing in these Terms waives any right you have under the California Consumer Privacy Act (including Cal. Civ. Code § 1798.192) or other non-waivable California law.
Miscellaneous
These Terms, together with the Privacy Policy and any policies referenced herein, are the entire agreement between you and CPI regarding the Services and supersede prior agreements. There are no third-party beneficiaries to these Terms except the CPI affiliates and indemnified parties expressly identified. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect (subject to the arbitration non-severability terms above). Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them freely, including in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets. Section headings are for convenience only.
Contact us
Questions about these Terms? Contact us by email at support@coverking.com, or by mail at:
Custom Products Inc.
3753 Howard Hughes Parkway, Suite 200
Las Vegas, NV 89169
United States