Music App – Terms of Service
Last Updated: December 9, 2025
The following Terms of Use informs you of the terms, conditions, disclaimers, notices, policies, and agreements (collectively, “Terms”) which set forth the basic rules that govern your access and use of services owned or operated by Community Organized Relief Effort, and their affiliates (“CORE,” “we,” “us,” or “our”), including websites located at https://www.coreresponse.org/ (the “Site(s)”), our mobile application (the “App(s)”), and pages, features or content we own or operate that links to these Terms (collective, the “Service(s)”).
By visiting and using our Sites and/ or Services, YOU AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR AVAILABLE BY HYPERLINK, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND US. YOUR CONTINUED ACCESS AND USE OF THE SERVICE ARE CONDITIONAL ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS SET OUT BELOW. These Terms apply to all users of the Sites and Services, including without limitation users who are visitors, browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 9, OR WHERE PROHIBITED BY LAW, BY ENTERING INTO THESE TERMS YOU EXPRESSLY AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN SECTION 9.
Click on the links below to jump to that section of the Terms.
TABLE OF CONTENTS
- Use of the Services. 1
- Prohibited Activity. 2
- Our Intellectual Property Rights. 3
- User Generated Content. 4
- Copyright Infringement Notices. 5
- Disclaimer of Warranties. 5
- Limitation of Liability. 6
- Indemnity. 6
- Dispute, Arbitration And Class Action Waiver. 6
- Termination. 9
- Miscellaneous. 9
- Changes to Terms. 10
- Contact Us. 10
- Use of the Services
- Representation and Age Restriction. When you use or access our Service, you represent and warrant that: (a) the information and details you submit to the Services are true and correspond to reality; (b) your use of the Services does not violate any applicable law or regulation. You affirm that you are at least 18 years of age and a “natural person” in your country of residence, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set for in these Terms, and to abide and comply with these Terms, or, if you are between 13 and 18 years of age, your parents or legal guardians have reviewed these Terms with you to ensure that you both understand it. Any use or access by anyone under the age of 13 is not allowed.
- General Informational Purposes Only. CORE Content (defined below) on our Services are for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. We are not responsible if information made available through our Services is not accurate, complete or current. CORE disclaims any liability for any injury or other damages resulting from the review or use of any information obtained from our Services. We make no representations, warranties or guarantees, whether express or implied, that any CORE Content is accurate, complete or up to date.
- User Accounts and Passwords. In order to access some features available on the Services, you will need to create an account (“User Account”). To create a User Account, you must be at least 18 years old, a “natural person” in your country of residence, and you must provide truthful and accurate information about yourself. When you register for a User Account, you will be required to create a user I.D. that will be associated with your User Account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. You agree that you are responsible for all activities under your User Account, and for maintaining the confidentiality of your password and restricting access to your devices so that others may not access our Services in violation of these Terms. Each time you use a password or identification, you will be deemed to be authorized to access, confirm your agreement on the latest Terms of Use from time to time, and use the Services in a manner consistent with these Terms. CORE has no obligation to investigate the authorization or source of any such access or use of the Services. You will be solely responsible for all access to and use of the Services by anyone using the password and user I.D. originally assigned to you whether or not such access to and use of the Services is actually authorized by you, including, without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and user I.D. assigned to you. You agree to immediately notify CORE of any unauthorized use of your password or user I.D. or any other breach or threatened breach of the Services’ security that you become aware of involving or relating to the Services. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your User Account, including, without limitation, terminating your User Account, or changing your password.
- Prohibited Activity
“Prohibited Activity” shall include, without limitation, an actual or attempted act by you, which is reasonable deemed by us, at our sole discretion, to be (a) in breach of any applicable statues, orders, regulations, rules and other laws; (b) made in bad faith, or (c) intended to defraud us or any third party, and/or circumvent any legal restrictions, regardless of whether such act or attempted act actually causes us or any third party any damages or harm. When using our Services, you shall not engage in any Prohibited Activity, including but not limited to:
- using the Services to invade a third-party’s privacy, to intentionally mislead, defraud, or cause harm to a third-party regardless of whether actual damages or harm are caused;
- using the Services or any CORE Content or User Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
- using the Services to attack, abuse, interfere with, intercept, disrupt, or exploit any person, users, systems, or services, regardless of how accomplished and notwithstanding anything to the contrary in these Terms, including but not limited to monitoring, crawling, spamming, using bots or scripts, or distributing malware (such as viruses, Trojan horses, worms, spyware, or adware);
- soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities;
- using the Services to send or post harassing, abusive, or threatening messages;
- transmitting through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable;
- attempting to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;
- disrupting the normal flow of the Services, including act in a manner that negatively affects other users;
- sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
- intentionally or unintentionally performing or promoting any activity that would violate any applicable local, provincial/state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Services;
- using the Services in such a way that damages the image or rights of CORE, other users or third parties;
- using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Services or any CORE Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services; and
- attempting to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any CORE Content or enforce limitations on use of the Services.
You acknowledge and agree that the Services, including their “look and feel”, and all names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Services (“CORE Content”) are protected intellectual property of, or used with permission or under license by CORE and/or its licensors. The CORE Content may be protected by copyright, trademark, patent or other proprietary rights and laws. You understand and agree that you may not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit any CORE Content for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights in connection with the Services and its content other than User Content (defined below), including, without limitation, the exclusive right to create derivative works.
- License Granted by CORE
Subject to your compliance with these Terms, CORE offers you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Services and to access, download, and make personal and non-commercial use of CORE Content available on or through the Services. Except as expressly authorized by CORE, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the CORE Content. For information on requesting such permission, please contact us using the contact information listed in the “Contact Us” section.
You may only use the Services and CORE Content as permitted by law. To use CORE Content under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such CORE Content pursuant to any licenses associated with such CORE Content, (3) not copy or post such CORE Content on any networked computer or broadcast it in any media, (4) make no modifications to any such CORE Content, and (5) make no additional representations or warranties relating to such CORE Content. Except as otherwise expressly authorized herein or in writing by CORE, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Service or CORE Content. CORE reserves the right to refuse service and/or terminate accounts in its discretion, including, without limitation, if we believe that user conduct violates these Terms, violates applicable law or is harmful to our interests.
- User Content
Our Services are designed to allow you upload, download, share, display, or provide information, content, text, links, graphics, photos, image, likeness, audio, music, sound, voice, videos, comments, messages, data, or other materials, or arrangements of materials in connection with the Services (collectively, “User Content”). You agree, represent and warrant that you have all rights necessary to submit the User Content. You shall not upload, post or otherwise make available on or through our Services any content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose; (ii) such User Content will be deemed not to be confidential or proprietary; (iii) we may have something similar already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by CORE. Be aware that we have no obligation to keep User Content confidential unless explicitly stated. User Content in violation of these Terms may be removed without notice.
You represent and warrant that you have all rights, interest, ownership, licenses, consents, permissions, power and/or authority necessary to grant the rights and license granted in these Terms for your User Content. You agree that such User Content will be, as applicable, truthful, substantiated, lawful, and non-misleading and will not contain material subject to copyright or other proprietary rights. At any time and without notice, CORE has absolute discretion to access, review, edit, screen, and delete any User Content at any time and for any reason, including to provide and develop the Services or to investigate any suspected violation of these Terms or applicable law; however, CORE has no obligation or duty to do so. You alone remain responsible for your User Content and for ensuring that your User Content fully complies with applicable laws, rules, and regulations.
- License Granted by You
To operate the Services, we must obtain from you certain license rights in your User Content so that actions we take in operating the Services are not considered legal violations. By submitting, displaying, posting, publishing or uploading any User Content, including information, text, graphics or other materials, you hereby grant CORE and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (“Licensed Parties”) a non-exclusive, fully-paid, royalty-free, irrevocable, transferable, perpetual, worldwide, fully sublicensable and unrestricted right and license and the right to use, modify, publicly perform, publicly display, reproduce, create derivative works from, distribute, host, cache, store, run, adapt, edit, translate, and/or otherwise use such User Content in any manner to be determined in the Licensed Parties’ sole discretion to operate, improve, promote and provide the Services, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known (for so long as such User Content is stored with us). You agree the Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, monetize, alter and/or edit your User Content in any manner in their sole discretion. You acknowledge that you will not receive any compensation of any kind for the use of User Content, or products or services derived from User Content. In addition, you grant CORE a non-exclusive license to use any User Content for research or academic purposes, where CORE may redistribute, publish, or cause the publication of anonymized copies of User Content in research papers or academic papers. This license you grant to CORE lasts for as long as User Content is protected by intellectual property rights.
Copyright is a legal right that protects original works of authorship. The laws in certain jurisdictions recognize exceptions to copyright infringement and permit the use of copyrighted works under certain circumstances without authorization.
CORE does not allow any User Content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason is a violation of these Terms. We reserve the right, at any time and without prior notice, at our discretion, to remove or disable access to Services or User Content that infringe another person’s copyright.
If you believe that any User Content, posts, profiles, text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”). To do so, please send an email to [email protected] with the Subject Line “DMCA Notice”, and include the following:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material or link on our Services that you claim is infringing your copyrighted work;
- Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
- Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of CORE or others.
THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SITES, SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES, SITES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CORE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESS TO, USE OF, OR BROWSING THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, CORE, ITS PARENT AND AFFILIATED ORGANIZATION, AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH CORE OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED BY CORE “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND CORE OR ITS LICENSORS OR SUPPLIERS.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES: (1) THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES; AND (3) THAT CORE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF CORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CORE’ TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THIS SERVICE EXCEED TEN DOLLARS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CORE, ITS PARENT’, AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold CORE and its directors, officers, employees, agents or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the User Content or other information you provide to us through the Services. CORE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CORE’ defense of such claim.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. “Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.
- Initial Dispute Resolution. We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any Dispute with CORE, you agree to first contact us by email at [email protected] or by mail at CORE, 910 N Hill St., Los Angeles, CA 90012 to attempt to resolve the Dispute with us informally regarding any concerns you may have about your use of the Services. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must include a detailed description of the nature and basis of the Dispute as you understand them and tell us what you want us to do to resolve the issue, and your signature verifying the accuracy of the notice and, if you are represented by counsel, authorizing CORE to disclose information about you to your attorney. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all the information required above, followed by at least sixty (60) days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be valid unless it contains all the information required by this Section 9(a). If you commence an arbitration without having previously provided a valid and compliant Notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal Dispute resolution process required by this paragraph.
- Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time informal Dispute resolution is pursued pursuant to Section 9(a) above, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section 9(d), or in the event of a Mass Arbitration (as defined below) as described in Section 9(e), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in Los Angeles County, California and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in Los Angeles County, California. You or CORE may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. You and CORE each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 9(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes. Notwithstanding this provision or any other language in these Terms, you or CORE may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND CORE WAIVE ANY RIGHT TO A JURY TRIAL.
- Exceptions. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek (i) relief in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.
- Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.
- 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 9(b), 9(c) and 9(e) by sending written notice of your decision to opt-out by emailing us at [email protected]. The notice must be sent within thirty (30) days of your first use of the Services, otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
- Effects of Changes on Arbitration. Notwithstanding the provisions of Section 12 “Changes”, if CORE changes any terms of this Section 9 after the date you first accepted these Terms or any subsequent changes to these Terms, you may reject the new changes to Section 9 by sending us written notice, personally signed by you, by certified mail to the attention of CORE’s Legal Department at the CORE address set out in Section 13 of these Terms within 30 days of the date such change became effective, as indicated by the later of (1) the “Last Updated” date of the Terms you seek to reject or (1) the date of CORE’s email to you notifying you of such change. Even if you reject a change, you will remain subject to Section 9 of the last version of the Terms you accepted.
- Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 9(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Los Angeles County, California (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
- Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
These Terms apply to you starting on the date you first access or use the Services and continue until we terminate the Terms, or until you stop using our Services.
In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, (i) you must destroy all CORE Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; and (iii) we may delete or disable access to any of your User Content at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use our Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Services after termination will be a violation of this section, which survives any termination.
The provisions of these Terms concerning protection of intellectual property rights, prohibited use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
- No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CORE without restriction.
- Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.
- Notices and Consent to Electronic Communications. When you visit our Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Services. 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. You may withdraw your consent to receive communications electronically by writing to us at “Attn: Electronic Communications Delivery Policy, [email protected]. If you fail to provide or if you withdraw your consent to receive communications electronically, we reserve the right to deny providing you Services, close your User Account, or charge you additional fees for paper copies.
We reserve the right to modify these Terms, at any time without prior notice, at our sole discretion. We will make reasonable efforts to notify you of such changes. However, it is your responsibility to check the “Last Updated” legend at the top of this page periodically to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this web page unless otherwise noted. If we modify these Terms materially, to the extent permissible under applicable law, such modification will be effective upon the earlier of (i) your first use of the Services with actual notice of such change, (ii) thirty (30) days from the posting of such change. We may send you notice of the updated Terms at our sole discretion, and the manner of the notification may include, for example, email, posted notice on the Services, or another reasonable manner. Your continued access and use of the Services following any such change constitutes your acceptance to be bound by the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to it. Since our Services are evolving over time, we may also change or discontinue all or any part of the Services, at any time and without notice.
These Terms will identify the date of the last update.
Any questions, complaints, or claims regarding our Services should be directed to at [email protected].