Please review the User Terms and Service
Effective: October 11, 2018
Terms of Service
1. Existence of Contract
3. Intellectual Property Rights
You acknowledge and agree that Core International LLC owns and shall own all right, title and interest, throughout the world, in and to the Site (or Service) and all copyrights, trademarks, service marks and other intellectual property rights associated therewith. You shall not take any action that is inconsistent with our ownership of the Site (or Service). You further acknowledge and agree that nothing in this Agreement and no use of the Site (or Service) shall cause to vest or be construed to vest in you, any right, title or interest in or to the Site (or Services) other than the express right to use the Site (or Services) solely in accordance with the terms and conditions of this Agreement. Any rights not expressly granted herein are reserved.
4. Our Software
Any software and/or software application references or otherwise accessible on the Site (or Services) is a copyrighted work of Core International LLC or its suppliers or licensors. Copying the software and/or any application to any other location for further reproduction or redistribution is expressly prohibited.
5. No Performance Warranty
You use the information and services on the Site (or Service) or materials linked from the Site (or Service) at your own risk. We do not represent, warrant or guarantee (a) the accuracy, reliability, completeness, adequacy or currency of the information contained in or linked to on the Site (or Service), or (b) that the Site (or Service) will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. We may make improvements and/or changes to its features, functionality or Content at any time in our discretion.
7. Third Party Content and References
Third party content may appear or be accessible through website links on or from this Site (or Service). We shall not be responsible for and assume no liability for any mistakes, errors, inaccuracies, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions or other representations in any such third party content appearing on or accessible from the Site (or Service). You acknowledge and agree that the information, views and opinions expressed in the third party content represent solely the thoughts of the author and are neither endorsed by nor do they reflect the belief of Core International LLC. It is your responsibility to evaluate, assess and bear the risk associated with the use or reliance of any such content. Any and all references to any product, recording, event, process, publication, service or offering of any third party by name, trade name, trademark or otherwise does not necessarily constitute or imply the endorsement or recommendation of such by Core International LLC.
8. Links to Third Party Websites
This Site (or Service) may contain links to or be accessible through links on third party websites (mobile sites, Facebook, Twitter, etc.). Such third parties are not agents or representatives of Core International LLC. We do not have responsibility for the content, availability, operation or performance of any third party website (or mobile site, link, etc.), nor do we author, edit or monitor any third party website (or mobile site, link, etc.). You acknowledge and agree that Core International LLC is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content or other information available on any third party website (or mobile site, link, etc.)
9. User Submissions
Our License to User Submissions. By submitting User Submissions for publication on the Site (or Service), you irrevocably grant us a non-exclusive, fully paid-up, royalty-free, worldwide, perpetual right and license to use, copy, modify, adapt, publish, translate and distribute such User Submissions, in whole or in part, worldwide and/or to incorporate them in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Submissions, without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees, and you represent and warrant that, if you are not the owner of such User Submissions, that the owner of such User Submissions has expressly granted you the right to grant the foregoing license to User Submissions. You acknowledge and agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
THE SITE (OR SERVICE) AND THE CONTENTARE PROVIDED ON AN “AS IS AND “AS AVAILABLE” BASIS. Core International LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, Core International LLC SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY THIRD PARTY WEBSITES (OR MOBILE WEBSITES, OR LINKS, ETC.) OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE (OR SERVICE), INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (B) THE UNAVAILABILITY OF THIS SITE (OR SERVICE) OR ANY PORTION THEREOF, (C) YOUR USE OF THIS SITE (OR SERVICE) OR THE CONTENT, (D) ANY USER SUBMISSIONS AND (D) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE (OR SERVICE) OR THE CONTENT.Core International LLC FURTHER SPECIFICALLY DISCLAIMS LIABILITY FOR ANY LOSS OF DATA STORED ON OR BY MEANS OF THE SITE (OR SERVICE), AND DISCLAIMS LIABILITY FOR ANY LOSS OF DATA OR OTHER DAMAGE ARISING FROM SPYWARE, MALWARE, OR OTHER THIRD-PARTY CAUSES. Core International LLC FURTHER SPECIFICALLY DISCLAIMS ANY WARRANTY THAT THE SITE (OR SERVICE) WILL BE UNINTERRUPTED, ACCURATE, ERROR OR DELAY FREE, SECURE, OR FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS.
THIS SOFTWARE (OR SERVICE) DOES NOT GUARANTEE THE LOCATION ACCURACY PROVIDED (VIA A-GPSAND/OR GPS).
FOR BUYERS: WE DO NOT GUARANTEE THAT ANY provider YOU CONTACT OR EMPLOY BY MEANS OF THE SITE (OR SERVICES) WILL BE SUITABLE FOR THE ASSIGNMENT FOR WHICH YOU CHOOSE TO EMPLOY THEM. THE RATES CHARGED BY PROVIDERS, THEIR QUALIFICATIONS, AND THEIR OVERALL CONDUCT AND PERFORMANCE ARE THE SOLE RESPONSIBILITY OF THE PROVIDERS. IT IS YOUR RESPONSIBILITY TO EVALUATE, ASSESS AND BEAR THE RISK ASSOCIATED WITH YOUR USE OF ANY provider. BY USING THIS SITE AND THE SERVICES YOU EXPRESSLY AGREE THAT Core International LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OF PROVIDERS WHO OFFER THEIR SERVICES THROUGH THE SITE, NOR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY ANY ACTION OR OMISSION OF SUCH PROVIDERS.
FOR PROVIDERS: IT IS YOUR RESPONSIBILITY TO EVALUATE, ASSESS AND BEAR THE RISK ASSOCIATED WITH ANY ASSIGNMENT YOU ACCEPT BY OR THROUGH THE SITE (OR SERVICES). BY USING THIS SITE AND THE SERVICES YOU EXPRESSLY AGREE THAT Core International LLC HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACTIONS OF BUYERS OR OTHERS WHO USE THE SITE AND THE SERVICES, NOR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY ANY ACTION OR OMISSION OF SUCH BUYERS OR OTHERS.
WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN Core International LLC SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
12. LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Core International LLC IS TO DISCONTINUE YOUR USE OF THE SITE (OR SERVICE). Core International LLC SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE SITE (OR SERVICE) AND THE CONTENT, INCLUDING ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE (OR SERVICE) OR ITS CONTENT. TO THE EXTENT THIS LIMITATION ON LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, Core International LLC’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU UNDER THIS AGREEMENT OR $100.00, WHICHEVER IS LESS.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Core International LLC. Core International LLC WOULD NOT BE ABLE TO PROVIDE YOU WITH SERVICES WITHOUT SUCH LIMITATIONS.
14. Third Party Rights
We reserve the right to terminate access to any user whose account shows no activity for a period of 6 months or longer, or who uses the Site (or Service) in any manner that violates of the terms of this Agreement, and to delete any data stored in or on behalf of such users’ account.
16. Dispute Resolution by Arbitration / No Class Action
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN THE LAST PARAGRAPH OF THIS ARBITRATION CLAUSE.
YOU UNDERSTAND THAT UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOURSELF AND Core International LLC AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.
EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED ABOVE APPLIES AND, WE AND YOU EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Governing Law. This Agreement is governed by the laws of the state of Connecticut, U.S.A., without regard to the conflicts of laws principles thereof.
Severing Invalid or Unenforceable Provisions. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable and shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
No Construction Against Drafter. The terms of this Agreement shall not be construed against Core International LLC by virtue of its having drafted them.
Survival. In the event of the termination of this Agreement, any obligation of Core International LLC or you which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of Core International LLC’s rights under this Agreement (and to the extent applicable, all of the rights under this Agreement of its affiliates, its and its affiliates’ directors, officers, employees, representatives and agents, licensees and licensors) shall survive any termination of this Agreement.
No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE (OR SERVICE), THE SERVICE, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Independent Contractors. You and Core International LLC are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency.
No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without Core International LLC’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. Core International LLC and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Consent to Electronic Communications. Core International LLC will generally communicate with its users by electronic means, such as email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Last Updated: October 11, 2018
© 2018 Core International LLC
2. The Information We Collect
We may collect two types of information: Personally Identifiable Information (“PII”) and Non-Personally Identifiable Information (“Non-PII).
PII is information that identifies a specific user of the Services. When you engage in certain activities on the Services, such as when you register to use the Services, we may ask you to provide certain information about yourself that we will collect and store, such as your first and last name, gender, email address, ZIP code, year of birth, and email address. PII may also include location-specific information, such as GPS data generated by your mobile device. Depending on what activity you are engaged in, some of the information that we request will be identified as mandatory. If you do not provide the mandatory information for a particular activity that requires it, you will not be permitted to engage in that activity.
Non-PII is information that identifies your computer or mobile device and its navigational patterns through the Services (but does not identify a specific user). We may automatically collect Non-PII information when you visit the Services, through the use of a variety of tools including cookies (small text files that are stored on a user’s computer for record-keeping purposes and which contain information about that user’s computer), or other available data analysis or collection technologies.
3. How We Use and Share Information
We may use the information we collect to (a) provide the Services you request, including location-based services, that rely on, use or incorporate the location of a device to provide or enhance the Service; (b) notify you of promotions, special events, new Services and special offers; (c) improve our product offerings, customer service and overall user experience; (d) improve the content, operation, appearance and utility of the Services; (e) conduct surveys, research and evaluations; (f) troubleshoot and resolve disputes; (g) gather demographic data; and (h) accomplish other administrative tasks.
We may permit users to link their Facebook and Twitter accounts to the Services, so that users can post their recent activity on our Services to their accounts on those third party services and otherwise coordinate the Services with such other accounts.
We may share your information collected on the Services with our subsidiaries and other affiliated companies, and with other vendors and business partners, including marketing partners, with whom we work (collectively, “Our Affiliates”). Such business partners include companies who provide business services to us or on our behalf such as to market products or services to you, monitor Services activity, serve Services content, help to maintain our customer database, and administer e-mails, surveys or other contests. We also reserve the right to disclose your information in good faith as required by law, in response to legal process including law enforcement requests; with any person or entity that has acquired all or any part of our business or assets; and where needed to prevent fraud and to protect the safety, property, or legal rights of users of the Services or Our Affiliates.
Unsubscribe or Opt Out
If you decide that you are no longer interested in receiving recommendations or communications from us, you may follow the instructions in our emails to unsubscribe from our email list or firstname.lastname@example.org.
5. Editing and Deleting Your Information
You may request a copy of your PII, or correct factual inaccuracies it may contain, by contacting our privacy manager at email@example.com.
6. Storage and Security
We believe the security of your information is a serious issue and we are committed to protecting the information we receive from you. We use commercially reasonable security measures to protect against the loss, misuse and alteration of your information under our control. Notwithstanding such measures, please be aware that no security measures are perfect or impenetrable, and we cannot guarantee the security of any information transmitted to or from the Services. We also are not responsible for the actions of any third parties that may receive any such information.
We will retain PII only as long as our business needs require. We will then destroy or render unreadable any such information upon disposal.
7. User Age and Privacy
Last Updated: [October 2018]