Some of our offerings may be subject to additional terms, and we will notify you if this is the case.
1. ACCEPTANCE OF THE TERMS
Welcome to _____MyCore_________, a software service that allows Members to live more meaningful and productive lives by combining elements such as values, goals, projects, tasks, calendars, and expert steps into one system creating Digital SingularityTM. The _______MyCore__________ service and network ("MyCore Service") are operated by MyCore _LLC____ ("MyCore," "we," "us," or the "Company"). By accessing, downloading, installing, submitting content, registering with us or using the MyCore Services, you acknowledge that you have read, understand and agree to be bound by these Terms, which form an agreement that is effective as if you had signed it.
This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Services to become a “Member”. For purposes of this Agreement, the term "Member" refers to any natural person that uses MyCore Services or who submits any information or accesses any of the MyCore Services through any websites or software applications. Members provide information to the Company to participate in the Services and are bound by this Agreement whether such a Member uses the MyCore Services free of charge or for a fee.
You accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the MyCore Services and terminate your account. Please print a copy of this Agreement for your records.
This Agreement is a legally binding contract between you and MyCore. It is important that you take the time to read the Agreement carefully. You should print or save a copy of this Agreement for your records. By accepting this Agreement, you are consenting to receive and enter into this Agreement in electronic form, acknowledging that you have read and agree to be bound by its terms, acknowledging that you have electronic access to the Agreement and any other disclosures or notices available on the Website. You can review the most current version of the Agreement on the Website or such other online location as MyCore may designate. If you would like to receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to the address indicated below. This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company on the Website, as discussed further below.
IMPORTANT NOTE: These Terms contain provisions that limit our liability to you and require you to resolve any dispute with us through final and binding arbitration on an individual basis and not as part of any class or representative action. Please see “DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY” and “DISPUTE RESOLUTION” below for more information.
2. CHANGES TO TERMS
We may revise or update these Terms from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any material changes in these Terms takes effect upon posting and apply only to your use of MyCore Services and information collected from you on and after the Last Revised date, unless we have other communications with you. If you are a Member at the time of any change, the revised terms will be effective upon posting on the Website and your use of the MyCore Services after such posting will constitute acceptance by you of the revised Agreement. If you have purchased a Member subscription, at the time of any change, the then-existing Agreement will continue to govern your subscription until such time that you renew your subscription. If you renew your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Services after your termination will constitute acceptance by you of the revised Agreement. Additionally, each time you use MyCore Services, you signify your acceptance of the then-current Terms.
We reserve the right (in our sole discretion) at any time to modify or discontinue, temporarily or permanently, the MyCore Services (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the MyCore Services.
Please make sure that you carefully read our <Policy Policy> to learn about the information that MyCore collects on the MyCore Services and how we process such information.
MyCore may require registration or the creation of an account to use certain features of the Website or access certain of the Services. If at any time such registration is required and you choose to register or create an account with MyCore, the following terms and conditions also apply.
In consideration of your use of the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the registration data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Your individual MyCore account is only authorized for your personal use. You are responsible for all usage or activity on your account, including use of the account by any third party authorized by you to use your Member name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the Company’s sole discretion, and the Company may refer you to appropriate law enforcement agencies.
If any account that you have with MyCore permits you to make purchases or otherwise enter into any contracts or agreements, you will be responsible for all such activity undertaken under your password whether you have consented to the use of your password or not. It is critical that you not share your password.
You must notify abuse@MyCore.com of any known or suspected unauthorized use(s) of your account, or the Website, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.
5. APP MEMBERS
You are solely responsible for all access to any applications through your mobile device, tablet, or other device and for bringing these Terms to the attention of all such persons who may use your device. To use one of our applications you will require Internet connectivity and appropriate telecommunication links. We shall not have any responsibility or liability for any costs or fees you may incur as a result of accessing our Services.
We may from time to time develop and provide updates for our mobile applications, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that MyCore shall not be liable with respect to any modifications or deletions of such functionality and has no obligation to provide any updates or to continue to provide or enable any particular features or functionality. Based on your mobile device settings, when your mobile device is connected to the Internet either: (a) the Updates will automatically download and install; or (b) you may receive notice of or be prompted to download and install available Updates. Please promptly download and install all Updates. If you do not, portions of the MyCore Services may not properly operate. You further agree that all Updates will be deemed part of the MyCore Services and be subject to all terms and conditions of these Terms.
6. LIMITED LICENSE
All rights not expressly granted herein are reserved by MyCore. Any unauthorized use by you of MyCore Services terminates the limited license set forth in this section without prejudice to any other remedy provided by applicable law or these terms.
7. MYCORE CONTENT
The MyCore Services, including any information, graphics, buttons, images, data compilations, software, HTML code, documents, artwork, text, video clips, audio clips, trademarks, service marks, logos, slogans, trade names, trade dress and other content provided on, in or through the MyCore Services (collectively, " MyCore Content") are owned by MyCore, or our affiliates, partners or licensors and protected under both United States and international copyright, trademark, patent and/or other laws.
Any unauthorized use of the Website or the MyCore Content automatically terminates your permission to use our Website or the MyCore Services. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any outputs or downloaded materials in your possession, including the MyCore Content, whether in electronic or printed format.
8. COMMUNICATIONS, SUBMISSIONS & OTHER CONTENT
You are welcome to input, upload (“upload”) or publish or display (or “post”), photos, videos, specifications, profiles, messages, comments, text, media, and other Member generated content (collectively “Member Content”) through the MyCore Services, or to bulletin boards, chat rooms, profiles, or other public areas within, or in connection with, this Website. MyCore accepts no responsibility whatsoever in connection with or arising from such Member Content. You acknowledge and agree that MyCore does not guarantee any confidentiality with respect to any Member Content you submit. As a Member you are solely responsible for the content and information that you provide, post, upload, publish, link, transmit, record, display or otherwise make available (hereinafter, "Post") through the MyCore Services or through or on the Website or through other websites or forums, including, without limitation, Facebook, Pinterest, and Twitter, to other Members and third-parties, including, without limitation, emails, videos (including streaming videos), photographs, recordings or profile text, whether publicly posted or privately transmitted. You may not post, transmit, or share Member Content on the Website or through the MyCore Service that you did not create or that you do not have permission to post. You understand and agree that MyCore may, but is not obligated to, review the Website and may delete or remove, without notice, any MyCore Content or Member Content in its sole discretion, for any reason or no reason, including without limitation Member Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any Member Content you post or store on the Website or provide to MyCore.
When you upload Member Content to the Website or through the MyCore Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the processing of the Member Content by the MyCore Service, and when you post Member Content to the Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Member Content on the Website. By uploading or posting Member Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to MyCore an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide commercial license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Member Content for any purpose, including, on or in connection with the Website or the promotion thereof, to prepare derivative works of, generate outputs from, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. If you remove your Member Content from your profile page, the license granted above will nevertheless continue.
When you post on the Website or share your information from the Website through Facebook, Pinterest, Google, or Twitter, you authorize us to access, and store, if applicable, a limited amount of information, including a unique Member ID from your Facebook, Pinterest, Google, and/or Twitter accounts. By using these features of the Website, you authorize us to access and copy the limited information listed above from such service providers in order to provide our services to you. By giving us such access, you agree that any information that we acquire shall be considered Member Content as defined above and shall be subject to the license described above.
The following is a sample listing of the Member Content that you are prohibited from posting to the Website. In addition to your obligations stated elsewhere in these terms, you also agree that the following actions are prohibited and are a material breach of these Terms. You agree that you will not submit Member Content to the Website in a manner that:
discloses personally identifiable information, such as your or another person’s full name, email address, telephone number or street address, unless specifically permitted to do so by such person;
is unlawful, false, misleading, threatening, harassing, abusive, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages or is in pursuit of conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, U.S. or international law;
violates the copyright, trademark or other intellectual property rights of any other person.
transmits content that encourages or provides instructional activities about phishing, hacking, or other illegal activities;
solicits other Members to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get Members to join in legal or illegal schemes or plan or participate in scams involving other Members;
attempts to resell, redistribute, broadcast or transfer the information or use the information derived from the Website in a searchable, machine-readable database;
disguises a file type to thwart our detection processes;
attempt to gain unauthorized access to other computer systems or networks connected to the Website or portions of the Website which are not made available for general public access;
that utilizes bots, spiders or disproportionately burdens the capacity of the system;
improperly assumes or claims the identity, characteristics or qualifications of another person;
is for purposes of spamming;
contains any virus or other harmful component; or
is libelous, or an invasion of privacy or a violation of publicity rights or any other third party rights.
Despite these prohibitions, the Member Content may contain inaccurate, inappropriate, offensive or sexually explicit material. The Company assumes no responsibility or liability for such material. If you become aware of abusive or objectionable Member Content or misuse of the Website by any Member, please contact abuse@MyCore.com.
By posting Content you represent and warrant that:
You own or otherwise control all of the rights to your Content, including without limitation all copyrights and trademarks;
Your Content does not infringe, misappropriate or violate any third party’s copyright, trademark, patent, literary, trade secret, privacy, publicity, proprietary or other right;
Your Content does not contain information that identifies any person unless you have such person’s express prior written consent;
Your Content does not make unsubstantiated claims about any third party or its products or services or contain any slanderous, defamatory, obscene, pornographic, threatening, false, misleading, and harassing comments or other content; and
Your Content complies with applicable laws, rules and regulations.
You acknowledge and agree that Member Content may be utilized by MyCore in various ways over which MyCore does not have any control and you expressly release MyCore from any claims with respect to any use of Member Content by any third parties.
We attempt to provide accurate descriptions of the Content. However, we do not warrant that any descriptions of the Content are accurate, complete, reliable, current, or error-free. If the Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.
You acknowledge and agree that any posts, questions, comments, suggestions, ideas, feedback, data, content or other information provided by you to MyCore through the Website or the MyCore Services ("Submissions"), are non-confidential and you agree to grant and hereby grant to MyCore a perpetual, exclusive, royalty-free, worldwide, commercial license to use, reproduce, distribute, display, perform, publish, prepare derivatives of, sublicense, adapt, transmit, or delete the Submissions, as MyCore deems fit. MyCore shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The foregoing applies equally to unsolicited Submissions. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending a Submission, unsolicited or otherwise, you waive the right to make any claim against MyCore, its parents, members, subsidiaries or affiliates relating to Submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
9. CREATING AN ACCOUNT
As a Member you may be required to create an account by registering with us or using third-party sign on services (“Account”) to use certain features of the MyCore Services. If you use a third-party sign on service, you expressly authorize MyCore to access your account information, maintained by identified third-party data service providers, on your behalf in connection with your use of MyCore Services. You agree that you will maintain your Account information to ensure that it is always current, complete and accurate and that you will not create more than one Account. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason.
When you register an Account, you will select an email address/Member name and password to be used to access your Account. You are responsible for maintaining the confidentiality of your Account, Member name and password and for restricting access to your Account. You agree to accept responsibility for all activities that occur under your Account, Member name and/or password.
By creating an Account, you agree that MyCore may contact you using the email address that you provide when activating your Account, and you agree and opt-in to receive other information from MyCore via any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. The frequency of messages that MyCore sends to you will depend on your transactions with MyCore. By agreeing to receive communications from MyCore, you understand and agree that MyCore may use any automated system to deliver messages to you. MyCore is not liable for any delays in the receipt of any messages as delivery is subject to effective transmission from a mobile service provider. Messaging is provided on an “as is” basis and may not be available in all areas at all times.
You agree that MyCore may share your Account information with third parties for the purposes of providing MyCore Services.
MyCore reserves the right to refuse service, terminate accounts, remove or edit the MyCore Content and Member Content (collectively, "Content") in its sole discretion.
10. THIRD PARTIES AND LINKED WEBSITES
COMMUNICATIONS BETWEEN MEMBERS AND LINKED SERVICES OR THIRD PARTIES MAY CONTAIN LINKS, ATTACHMENTS, URLS, EXECUTABLE CODE, OR OTHER FILES (THE “ATTACHMENTS”). MYCORE MAKES NO REPRESENTATIONS OR WARRANTIES THAT ATTACHMENTS ARE FREE FROM VIRUSES, MALWARE, WORMS, TROJAN HORSES, SPYWARE, TIME BOMBS, CANCELBOTS, OR OTHER HARMFUL, MALICIOUS OR INVASIVE SOFTWARE, AND OPENING OR ACCESSING THE ATTACHMENTS IS DONE AT YOUR OWN RISK.
11. OWNERSHIP AND RIGHTS TO USE CONTENT
12. NOTICE AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT; COPYRIGHT POLICY; AND COMPLAINTS
If you believe that any material on the MyCore Website or any use of the MyCore Website infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated,
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the website (providing url(s) in the body of an email is the best way to help us locate content quickly);
your name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Send the notification to us as follows:
__1245 Brickyard Rd Suite 100_____________
__Salt Lake City, Utah 84106______________
United States of America
Subject Line: MyCore DMCA Notice
If you believe that your Member Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Member Content, you may send a counter-notice containing the following information to the Designated Agent:
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, UT, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, MyCore may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, registrant or Member, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MyCore's sole discretion.
Our DMCA Agent will only respond to notices and inquiries that comply with the above listed requirements. Please see www.copyright.gov for more information.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of MyCore or any third party.
13. DISCLAIMER OF WARRANTY
EXCEPT AS EXPRESSLY PROVIDED ABOVE, MYCORE SERVICES ARE PROVIDED "AS IS," “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE MYCORE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, THAT THE WEBSITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF MYCORE SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, RELIABILITY OR AVAILABILITY OF MYCORE SERVICES OR ANY CONTENT AVAILABLE THROUGH MYCORE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE MYCORE SERVICES OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE MYCORE SERVICES OR WEBSITE.
14. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT WILL MYCORE, OR ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY (a) DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS, ACCESS TO OR USE OF THE MYCORE SERVICES OR SUBMISSIONS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF MYCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MYCORE, ITS MEMBERS OR INVESTORS OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY MEMBER OF THE SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF MYCORE SERVICES AND TERMINATE THESE TERMS. THESE LIMITED REMEDIES SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THEIR ESSENTIAL PURPOSE. YOU AGREE OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY SHALL BE THE LESSER OF THE AMOUNT PAID BY YOU TO MYCORE OR TWO HUNDRED DOLLARS ($200.00). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN ANY JURISDICTION THAT DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MYCORE OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, AFFILIATES, AGENTS, SUPPLIERS, CUSTOMERS OR LICENSEES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE, OR MYCORE SERVICES OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY ARE ESSENTIAL TERMS AND THAT MYCORE WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
MyCore reserves the right to immediately terminate your use of, or access to, this Website at any time if MyCore decides at its sole determination that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that MyCore considers to be inappropriate or unacceptable.
You may terminate any account at any time by sending an email to: info@MyCore.com with the type of account that you have and information regarding that account. You must provide a valid reply email address if you wish to terminate an account by email in the event that we require additional information to locate your account to terminate it. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 48 hours. You are responsible for any and all charges incurred (for products or services purchased) up to the time the account is deactivated.
Upon termination of your account or registration or should your account remain dormant for a period of greater than six (6) months, MyCore shall have the right to close your account or terminate your registration.
MyCore reserves the right, at your 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 MyCore’s defense of such claim. MyCore may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).
17. DISPUTES AND APPLICABLE LAW
By using the MyCore Services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and MyCore. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against MyCore (except for small-claims court actions) may be commenced only in the federal or state courts located in Salt Lake City, UT. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
18. CHANGES AND SEVERABILITY
Communication with MyCore
You may contact MyCore at:
__1245 Brickyard Rd Suite 100_____
__ Salt Lake City, Ut 84106___________
United States of America
You agree to receive communications from MyCore electronically regarding your account, these Term of Use and the Website, and such communications sent from MyCore shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions, are not confidential.
19. SPECIAL STATE TERMS
Pursuant to California civil code section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name and address of the provider of this service is:
Attn: Privacy Officer
__1245 Brickyard Rd. Suite 100_____________
___Salt Lake City, UT 84106______________
United States of America
Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to Info@MyCore.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S-202, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see http://www.dca.ca.gov/ for additional information.
Nothing contained in these terms shall be construed as creating any agency, partnership, or other form of joint enterprise between MyCore and you.
MyCore's failure to require your performance of any provision hereof shall not affect MyCore's full right to require such performance at any time thereafter, nor shall MyCore's waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
These Terms inure to the benefit of and will be binding upon MyCore’s and your successors and assigns, respectively.
These Terms may be assigned by MyCore but you may not assign them without the prior express written consent of MyCore.
Headings and captions are for convenience only.
You can also write to us at:
1245 Brickyard Rd. Suite 100
Salt Lake City, UT 84106
United States of America
MyCore LLC ("We") are committed to protecting and respecting your privacy.
BY VISITING WWW.MYCORE.COM AND ALL OTHER WEBSITES MAINTAINED AND/OR MANAGED BY MYCORE (THE "WEBSITE") AND/OR BY USING ANY OF THE FAMILY OF MYCORE SERVICES ("MYCORE SERVICES") YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS POLICY (INCLUDING AS UPDATED OR AMENDED FROM TIME TO TIME). IF, FOR ANY REASON, YOU DO NOT AGREE TO THE TERMS OF THIS POLICY, PLEASE STOP USING THE WEBSITE IMMEDIATELY.
LAST MODIFIED (SEPTEMBER 10, 2016)
We may collect information that can identify you such as but not limited to your name, business name and email address ("personal information") and other information that does not identify you. We may collect this information through a website or a mobile application. When you provide personal information through our Website or via a mobile application, the information may be sent to servers located in the United States and other countries around the world.
INFORMATION WE MAY COLLECT FROM YOU
Information you provide. We may collect and store any personal information you enter on our Website, on a mobile device or provide to us in some other manner. This includes identifying information, such as your name, company name, address, email address, and telephone number, and, if you transact business with us, financial information such as your payment method (valid credit card number, type, expiration date or other financial information). We may also request and collect information about you related to your use of the Website and/or the MyCore Services.
Other Information we collect about you.
With regard to each of your visits to our Website we may automatically collect the following information:
Technical information, including IP address, login information, browser type and version, time zone setting, country of origin, browser plug-in types and versions, operating system and platform;
Information about your visit, including the full URL clickstream to, through and from our Website (including date and time);
Pages you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse to and/or away from the page.
We collect personal information about your online activities over time.
We and third-party partners may collect personal information about your online activities over time and across third party websites or online services through your use of the Website.
Mobile and Location-based Services
We may provide mobile apps that can be downloaded to smart devices. These apps have a variety of functionalities that enhance the member experience. In addition to providing services, our apps may collect personal and other information that will be used in accordance with this Policy. We provide a link to this Policy to customers prior to their activation of any of our apps.
Our Website, apps and/or mobile apps may use your device’s Global Positioning System (GPS) technology or other locations-based technologies to provide you with relevant location-based information. We may also share this information with third parties. We will abide by your device’s settings when accessing any geo-location or other location based data. To the extent any geo-location data is combined with personal information, that information will be treated as personal information in accordance with this Statement.
HOW YOUR INFORMATION MAY BE USED
We may use information held about you in the following ways:
Information we receive from you which you give to us. We may use this information:
To deliver, customize, and improve our products and services, and manage our business;
To notify you about changes to our service;
To manage your access to the services and to manage your account and provide you with customer support;
To help us respond to your queries;
To provide you with information about other goods and services we offer that are similar to those that you have already purchased or inquired about. Where required by applicable law, we will seek your prior written consent before doing so;
To communicate with you by email, postal mail, telephone and/or mobile devices about products or services that may be of interest to you either from us, other companies or other third parties;
To develop and display content and advertising tailored to your interests and use of our Website and other websites;
To perform ad tracking and website or mobile application analytics;
To enforce or exercise any rights in our terms and conditions;
To perform functions as otherwise described to you at the time of collection;
To provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please use the relevant controls situated on the forms on which we collect your data (the order or registration forms) or you can update such choices via your profile page at the Website, as discussed further below;
To process payments for any purchases made on our Website, enroll you in any discount, rebate, or other programs in which you may be eligible to participate, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business;
To comply with legal and regulatory requirements; and
To ensure the safety and security of our Website and of members of our Website.
Order-related, e-mail and other communications:
By submitting personal information, you agree that we are authorized to transmit and you opt-in to receive email, text message, and other communications to you for the purpose of informing you about your particular order, transaction, services, or engaging in email, text message [or real-time online audio or video training] pursuant to your order.
In addition, if you provided your email or mobile address for electronic newsletters, updates and promotional emails from MyCore and its affiliates, you agree that we are authorized to send and you have opted-in to receive informational and promotional emails, text messages and other communications to you. You are solely responsible for any text message or data charges or other charges that may be applied by your wireless carrier for communications via those technologies. You may discontinue the receipt of future text messages by texting us with such request in response to any text message you receive from MyCore. You may discontinue the receipt of future promotional emails at any time by following the unsubscribe instructions that are included in each promotional email.
Information we collect about you. We will use this information:
To administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
To improve our Website to ensure that content is presented in the most effective manner for you and for your computer and other devices on which you receive our content;
To allow you to participate in interactive features of our service, when you choose to do so;
As part of our efforts to keep our Website safe and secure;
To make suggestions and recommendations to you and other members of our Website about goods or services that may interest you or them; and
To enhance your MyCore experience that may include customizing/optimizing interactions with the MyCore software tools, third parties, and other MyCore members.
Information we receive from other sources.
We may combine information from other sources with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
DISCLOSURE OF YOUR INFORMATION
We may share your personal information with any MyCore entity and with selected third parties including:
Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
Aggregated or anonymized data to advertisers and advertising networks that require the data to select and serve relevant advertisements to you and others. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisements to that target audience.
Analytics and search engine providers that assist us in the improvement and optimization of our Website.
We may disclose your personal information to third parties:
In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If MyCore or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
WHERE WE STORE YOUR PERSONAL INFORMATION
All information you provide to us is stored on secure servers. Any payment transactions, to the extent implemented by MyCore, will be encrypted using SSL technology. Payment transactions implemented by third party websites will be subject to their payment terms and processes, and MyCore shall have no responsibility relating to such transactions. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
We retain personal information about you for the period necessary to fulfill the purposes outlined in this Policy or until you notify us to remove you from our database, unless a longer or shorter retention period is required or permitted by applicable law.
You may be able to log in to our Website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Website to your profile page to share with others within your network.
Most browsers automatically accept Cookies, but you can usually modify your browser setting to decline Cookies. If you choose to decline Cookies, please note that you may not be able to sign in or use some of the interactive features offered on our Website.
The MyCore Services are not directed to, and not intended for the use of, children under the age of 13. If you are under the age of 13, please do not register for the MyCore Services and do not submit any personal information to MyCore.
Where applicable under local law, you may request a copy of the personal information held by MyCore about you. Local law may enable us to charge a fee for this. We may require you to prove your identity with approved identification if you request this information.
You are responsible for keeping your information current and up-to-date. You may update your information by contacting us at MyCore 1245 Brickyard Rd Suite 100, Salt Lake City, Utah 84106, United States of America. You may also contact us by e-mail at support@MyCore.com.
Where provided under applicable law, you may have the right to ask us for a list of personal data we share with third parties and information regarding those third parties, if the third parties use the personal data for their direct marketing purposes. In addition, where provided under applicable law, you may have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes.
If you are a California resident or reside in a jurisdiction that allows such requests send an e-mail to support@MyCore.com, specifying that you seek your “California Customer Privacy Notice” or other applicable Customer Privacy Notice. Please identify your location and please allow thirty days for a response.
You can exercise your right to prevent such processing by either adjusting certain controls on the forms we use to collect your data, if such controls are available on such forms, or by modifying your profile by logging in to www.MyCore.com. You can also exercise the right at any time by contacting us at MyCore 1245 Brickyard Rd Suite 100, Salt Lake City, Utah 84106, United States of America. You may also contact us by e-mail at support@MyCore.com or by updating your profile at www.MyCore.com, which will include information on how to opt-in or opt-out of use of your information.
If you prefer not to receive marketing or promotional emails from MyCore or the Website, please let us know by clicking on the unsubscribe link within any promotional email you receive from us. Please note that such requests may take up to ten (10) days to become effective.
MyCore may give you the choice of receiving information that may help you with your selection or use of the MyCore products and services. You can subscribe to receive certain product- and service-specific information and also choose to receive MyCore general communications. We give you a choice regarding delivery of MyCore general communications by the communication means through which MyCore may contact you, which may include postal mail, email, SMS, telephone, or mobile device.
You can make or change your choices about receiving either subscription or general communications at the data collection point or by using other methods, which are listed in this Policy. This option does not apply to communications primarily for the purpose of administering order completion, contracts, support, product safety warnings, or other administrative and transactional notices where the primary purpose of these communications is not promotional in nature.
LINKS TO THIRD PARTY SITES
Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for those policies or websites. Please check those policies before you submit any personal data to those websites.
1245 Brickyard Rd Suite 100 Salt Lake City, UT 84106
United States of America
You may also contact us by e-mail at support@MyCore.com.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
Below we explain the different types of Cookies that may be used on the Website.
Required Cookies. Required Cookies are necessary for the Website to work, and enable you to move around it and use the services and features. Disabling these Cookies may encumber the Website's performance, and may make the services and features unavailable.
Functional Cookies. We use Functional Cookies to save your settings on the Website—settings such as your language preference, or other information you have previously used when registering with us. We also use Functional Cookies to store such things as the last search, etc., so you can easily find it the next time you visit. Some Functional Cookies are essential to viewing maps or videos on our Website. We also use "Flash Cookies" for some of our content.
Advertising Cookies. Advertising Cookies allow us and other advertisers to show you the most relevant products, offers, and advertisements on the Website and third-party websites. For example, some Advertising Cookies help our third party partners and other advertisers select advertisements that are based on your interests including those expressed or inferred across websites and online services and over time. Others help prevent the same advertisement from continuously reappearing for you. These types of Cookies also help us provide you with content on the Website that is tailored to your interests and needs.
Advertising Cookies also include Social Plug-In Cookies and Analytics Cookies. Social Plug-In Cookies are used to share content from the Website with members and non-members of social media networks. These Cookies are usually set by the social networking provider, enabling such sharing to be smooth and seamless. Analytics Cookies collect information about your use of the Website, and enable us to improve the way it works. These Cookies provide us with aggregated information on metrics such as the most frequently visited pages on the Website, help us record any difficulties you had with the Website, help us monitor how our visitors reach the Website, and show us whether advertising by us or others is effective or not. This also allows us to see the overall patterns of usage on the Website, rather than just the usage of a single person.
We distinguish between session Cookies and persistent Cookies.
Session Cookies. These types of Cookies are stored only temporarily during a browsing session, and are deleted from your device when you close the browser. We use session Cookies to support the functionality of the Website and to understand your use of the Website—that is, which pages you visit, which links you use and how long you stay on each page.
Persistent Cookies. These types of Cookies are not deleted when you close your browser, but are saved on your device for a fixed period of time or until you delete them. Each time you visit the Website, the server that set the Cookie will recognize the persistent Cookie saved on your device. We and others use persistent Cookies to store your preferences, so that they are available for your next visit, to keep a more accurate account of how often you visit the Website, how often you return, how your use of the Website may vary over time and the effectiveness of advertising efforts.
If you want to delete or disable any cookies (or similar technologies), please refer to the instructions of your file management software to locate the file and directory that stores cookies. You may not be able to take advantage of all the features of our Website, including certain personalized features, if you delete or disable cookies.
Please be aware that rejecting Cookies may affect your ability to perform certain transactions on the Website, and our ability to recognize your browser from one visit to the next.
For more information on how to see what cookies have been set and how to manage and delete them, please go to www.allaboutcookies.org.
We may change and update our list of cookies (or similar technologies) from time to time. If you use our cookies (or similar technologies) after we have published these changes, you will be agreeing to be bound by those changes. If you do not consent to the use of the cookies (or similar technologies) at any time, please see above on how to disable cookies.