COR Terms of Service

Last Updated: 01/31/2021

Welcome, and thank you for your interest in Nueon Inc. (“COR,” “we,” or “us”) and our website at www.thecor.com (“Website”), along with our related websites, networks, applications, mobile application relating to the COR Console (as defined in Section 1) (the “App”), and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and COR regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKINGI ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING COR’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND COR’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY COR AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 15, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 15.)

  1. COR Service Overview. COR’s proprietary hardware device (“COR Console”) allows users to measure infrared spectrum of a blood sample at home to allow users to track how lifestyle changes may be reflected in their blood through the App. By pairing the App with a COR Console, users are able to create, manage and track wellness, physical fitness and nutrition goals set by users. Depending on availability, user may be provided an option to receive a refurbished COR Console or a new Console prior to payment.
  1. Disclaimers. COR IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. COR DOES NOT PERFORM ANY DIAGNOSTIC TEST AND IS NOT INTENDED FOR ANY MEDICAL USE. COR SHOULD NOT BE USED FOR ANY MEDICAL OR THERAPEUTIC PURPOSES UNDER ANY CIRCUMSTANCE. COR DOES NOT SET ANY PHYSICAL FITNESS OR NUTRITIONAL GOALS FOR YOU, BUT MERELY PROVIDES INFORMATION ON HOW YOUR NUTRITION AND LIFESTYLE CHOICES ARE REFLECTED IN AN OVERALL INFRARED SPECTROMETRIC SCORE GENERATED FROM A BLOOD SAMPLE. ALONG WITH OTHER USER-INPUT DATA, COR EMPOWERS YOU WITH INFORMATION SO YOU CAN MAKE YOUR OWN NUTRITIONAL, PHYSICAL FITNESS, AND LIFESTYLE DECISIONS.

    COR DOES NOT PROVIDE ANY RECOMMENDATIONS TO ALTER OR TO CHANGE ANY PRESCRIBED TREATMENT OR THERAPY. INFORMATION PROVIDED BY COR DOES NOT CONSTITUTE MEDICAL ADVICE AND SHOULD NOT BE RELIED UPON FOR ANY MEDICAL, THERAPEUTIC, DIAGNOSTIC, OR CLINICAL PURPOSES. HOW YOU EVALUATE AND USE THE INFORMATION PROVIDED BY COR AND HOW YOU DECIDE TO OBTAIN A FINGER-STICK BLOOD SAMPLE IS ENTIRELY UP TO YOU. YOU SHOULD ALWAYS CONSULT WITH A HEALTHCARE PROFESSIONAL BEFORE YOU BEGIN OR CHANGE ANY DIET OR EXERCISE PROGRAM. IF YOU HAVE ANY MEDICAL CONDITION THAT YOU BELIEVE COULD BE AFFECTED BY COR (FOR EXAMPLE, SEIZURES, DIABETES, HEMOPHILIA, OR A BLOOD DISORDER), CONSULT WITH YOUR PHYSICIAN PRIOR TO USING COR.

  1. Eligibility. You must be a healthy adult of at least 21-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 21-years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
  1. Accounts and Registration. To access most features of the Service, you must fill out an application. Once COR has accepted your application, you may register for an account, and purchase a membership through our Website. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date at all times. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at help@thecor.com.
  1. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.
    1. Price. COR reserves the right to determine pricing for the Service. COR will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. COR may change the fees for any feature of the Service, including additional fees or charges, if COR gives you advance notice of changes before they apply. COR, at its sole discretion, may make promotional offers with different features and different pricing to any of COR’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
    1. Authorization. You authorize COR to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by COR, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, COR may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
    1. Membership Service. The Service may include automatically recurring payments for periodic charges (“Membership Service”). If you activate a Membership Service, you authorize COR to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first membership to the Service. For information on the “Membership Fee,” please see our Pricing Page https://thecor.com/legal. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Membership Fee to your account. We will bill the periodic Membership Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Membership Service by contacting us at help@thecor.com.
    1. Delinquent Accounts. COR may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
  1. Licenses
    1. Limited License. Subject to your complete and ongoing compliance with these Terms, COR grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
    1. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
    1. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant COR an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
  1. Ownership; Proprietary Rights. The Service is owned and operated by COR. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by COR are protected by intellectual property and other laws. All Materials included in the Service are the property of COR or its third-party licensors. Except as expressly authorized by COR, you may not make use of the Materials. COR reserves all rights to the Materials not granted expressly in these Terms.
  1. Third-Party Terms
    1. Third-Party Services and Linked Websites. COR may provide tools through the Service that enable you to export information, including User Content (defined below), to third-party services. By using one of these tools, you agree that COR may transfer that information to the applicable third-party service. Third-party services are not under COR’s control, and, to the fullest extent permitted by law, COR is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under COR’s control, and COR is not responsible for their content.
    1. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
  1. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
    1. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;
    1. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
    1. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
    1. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
    1. sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
    1. attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.
  1. Modification of Terms. We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section 10, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
  1. Term, Termination, and Modification of the Service
    1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 11.2.
    1. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, COR may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time through your account settings or by contacting customer service at help@thecor.com.
    1. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay COR any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 2, 3, 4, 5, 6.2, 6.3, 7, 8, 9, 11.3, 12, 13, 14, 15, 16, 17, and 18 will survive.
    1. Modification of the Service. COR reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. COR will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
    1. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify COR, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “COR Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  1. Disclaimers; No Warranties
    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COR DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. COR DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COR DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
    1. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR COR ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE COR ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA.
    1. IF YOU SUSPECT THAT YOU MAY HAVE A MEDICAL EMERGENCY, THEN CALL YOUR DOCTOR OR 911 IMMEDIATELY BECAUSE THE SERVICE IS NOT INTENDED TO BE USED IN CONNECTION WITH MEDICAL EMERGENCIES. NEVER DISREGARD THE ADVICE FROM A LICENSED MEDICAL PROFESSIONAL OR DELAY IN SEEKING IT BECAUSE OF YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DATA OR INFORMATION GENERATED FROM YOUR USE OF THE COR CONSOLE (“RESULTS”). COR HEREBY DISCLAIMS ALL LIABILITY RELATED TO MEDICAL ADVICE OR MEDICAL SERVICES PROVIDED TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE, AND YOU ASSUME ALL RISKS ARISING FROM YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR RELIANCE UPON ANY RESULTS. SEE SECTION 2 FOR ADDITIONAL DISCLAIMERS, WHICH ARE INCORPORATED BY REFERENCE UNDER THIS SECTION 13.
    1. TO THE EXTENT ANY THIRD-PARTY CONTENT OR THIRD-PARTY PRODUCT IS PROVIDED TO YOU IN CONNECTION WITH COR OR YOUR COR MEMBERSHIP, COR IS NOT RESPONSIBLE FOR, DOES NOT VERIFY, AND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, EFFECTIVENESS, RELIABILITY, COMPLETENESS, QUALITY, OR CURRENTNESS OF SUCH CONTENT OR PRODUCT GENERATED OR PRODUCED BY THIRD PARTIES.
    1. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION 13 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COR does not disclaim any warranty or other right that COR is prohibited from disclaiming under applicable law.
  1. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COR ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COR ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
    1. EXCEPT AS PROVIDED IN SECTION 15.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE COR ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO COR FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM AND (b) US$100.
    1. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  1. Dispute Resolution and Arbitration
    1. Generally. In the interest of resolving disputes between you and COR in the most expedient and cost effective manner, and except as described in Section 15.2 and 15.4, you and COR agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND COR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
    1. Exceptions. Despite the provisions of Section 15.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    1. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 15 within 30 days after the date that you agree to these Terms by sending a letter to Nueon Inc., Attention: Legal Department – Arbitration Opt-Out, 101 JEFFERSON DRIVE, MENLO PARK, CA 94025 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once COR receives your Opt-Out Notice, this Section 15 will be void and any action arising out of these Terms will be resolved as set forth in Section 17.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
    1. Arbitrator. Any arbitration between you and COR will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting COR. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
    1. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). COR’s address for Notice of Arbitration is: Nueon Inc., 101 JEFFERSON DRIVE, MENLO PARK, CA 94025. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or COR may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or COR must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by COR in settlement of the dispute prior to the award, COR will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.
    1. Fees. If you commence arbitration in accordance with these Terms, COR will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in San Mateo County, California, but if the claim is for US $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse COR for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
    1. No Class Actions. YOU AND COR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and COR agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    1. Modifications to this Arbitration Provision. If COR makes any future change to this arbitration provision, other than a change to COR’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to COR’s address for Notice of Arbitration, in which case your account with COR will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
    1. Enforceability. If Section 15.7 or the entirety of this Section 15 is found to be unenforceable, or if COR receives an Opt-Out Notice from you, then the entirety of this Section 15 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 17.2 will govern any action arising out of or related to these Terms.
  1. Privacy and Information Security
    1. Privacy Policy. You acknowledge and agree that except as described in these Terms, any data and information you enter into the Service or that we collect in connection with the Service (“Data”) will be collected, used, disclosed, and protected as described in the COR Privacy Policy available at https://thecor.com/privacy. Please read the Privacy Policy carefully. The COR Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
    1. Data. As between you and COR, Data you submit is and will remain owned by you. You hereby grant COR the right to collect, process, transmit, store, use, and disclose Data to provide the Service and as otherwise set forth in this Agreement and the COR Privacy Policy.
    1. Use of Aggregated Data. You acknowledge and agree that COR may collect, create, process, transmit, store, use, and disclose non-identifiable aggregated and/or de-identified data (including Measurement, scoring, statistical and other data collected by COR during the operation of the COR.RELATE Study) derived from Data or use of the Service (“Aggregated Data”) for its business purposes, including for industry analysis, benchmarking, and analytics. COR may share Aggregated Data with other users of the Service. Aggregated Data is the intellectual property of COR. COR retains the right to license such data for academic, research and other purposes.
    1. Compliance. You are solely responsible (a) for Data as entered into, supplied, accessed, or used by you and (b) for complying with any privacy and data protection laws and regulations applicable to Data or your use of the Services. You represent and warrant that you have collected the Data in accordance with applicable law and you have obtained and will maintain all rights, consents, and authorizations required to grant COR the rights and licenses set forth in Section 16 and to enable COR to exercise its rights under the same without violation or infringement of the rights of any third party.
    1. Disclaimer. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against COR with respect to Data to the maximum extent permitted by law. You are solely responsible for the storage and retention of Data that you send or receive through the Service in accordance with all applicable laws. COR will not be responsible or liable for your inability to access Data through the Service.
  1. Miscellaneous
    1. General Terms. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and COR regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
    1. Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and COR submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Mateo County, California for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
    1. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
    1. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
    1. Contact Information. The Service is offered by Nueon Inc., located at 101 JEFFERSON DRIVE, MENLO PARK, CA 94025. You may contact us by sending correspondence to that address or by emailing us at help@thecor.com.
    1. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
    1. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
    1. International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
  1. Notice Regarding Apple. This Section 18 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and COR only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.