Terms of Use — Core2u

core2u Terms of Use

These Terms of Use (“TOU”) govern your use of core2u. When you access or use core2u, you agree to be bound by these TOU, including agreeing to not engage in certain conduct or activities set forth below. If you don’t feel these rules and the rest of core2u’s TOU shared below are acceptable, you should not access or use core2u and its services.

core2u Terms of Use

IMPORTANT: Core2u, Inc. (“The Company”) operates this website (the “Site”) and the services related to or offered on the Site (hereinafter, the “Services”). The Company’s Services may include, without limitation, tools, applications, email services, and downloadable mobile applications related to the Site or provided through the Site. These Terms of Use (“TOU”) govern your use of the Site and Services that are provided by the Company. Please read this agreement carefully before accessing or using the Site or Services. Each time you access or use the Site or Services, you agree to be bound by these TOU. If you do not agree to be bound by all of these TOU, you may not access or use the Site or Services. In addition, certain areas of the Site or Services may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you expressly confirm that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER.

1. This Site is for Informational Purposes Only and Does Not Provide Medical Advice.

The Site and Services offer health and fitness related information, but are designed for non-commercial, informational purposes only. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE CONTENT ON THE SITE OR SERVICES, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THE SITE OR THROUGH THE SERVICES. THE USE OF ANY INFORMATION PROVIDED ON THE SITE OR THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, THEN YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND CALL 911.

Nothing stated or posted on the Site or available through any Service is intended to be, and must not be taken to be, the practice of medicine or counseling care. For the purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling or providing health care treatment, instructions, diagnosis, prognosis or advice. Developments in medical research may impact the health, fitness and nutritional topics discussed on the Site or through the Services and no assurance can be given that the information contained on the Site or in the Services will always include the most recent findings or developments with respect to the particular material. Your access or use of the Site and the Services does not create in any way a physician/patient, confidential, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend or endorse any specific tests, physicians, clinics, procedures, opinions, products or other information that may appear on the Site or Services. If you rely on any of the information provided by this Site or the Services, our employees, or guests or visitors to the Site, you do so solely at your own risk.

2. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations, including U.S. export and re-export control and economic sanction laws and regulations, with respect to your use of the Site and Services. You also acknowledge and agree that your use of the Internet and access to the Site is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, the Company is not responsible for the security of any information transmitted to or from the Site. The Company reserves the right to prohibit or terminate use of or access to the Site at any time, without notice, for any reason whatsoever.

3. License Grant.

This TOU provides you with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Site conditioned on your continued compliance with these TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

4. Prohibited Activities.

The Site and the Services are not intended for children under the age of 16 (or applicable age in your country) and children under 16 (or applicable age in your country) should not use the Site or the Services. You acknowledge and agree that the Site and Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and are the sole property of the Company or our content providers. Unless otherwise specified in writing, the Services are for your personal and non-commercial use. In connection with your use of the Site and/or the Services, you acknowledge and agree that you will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; 2. Access the Site or Services by any means other than through the standard industry-accepted or Company-provided interfaces; 3. Post or transmit any material that contains a virus or corrupted data; 4. Delete any author attributions, legal notices or proprietary designations or labels; 5. Violate any applicable local, state, national or international law, rule or regulation or use the Site and/or the Services for any purpose that is prohibited by these TOU; 6. Manipulate or otherwise display the Site and/or the Services by using framing or similar navigational technology; 7. Register, subscribe or unsubscribe any party for any Company product or service if you are not expressly authorized by such party to do so; 8. Use the Site or the Services in any manner that could damage, disable, overburden or impair the Company's servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; 9. Gain or attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected to the Company through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site or the Services or harvest or otherwise collect information about other users without their consent; 11. Use the Site in any manner that could damage, disparage, or otherwise negatively impact the Company. In addition, you agree to comply with our Posting Guidelines below. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY THE COMPANY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

or otherwise.

5. Accounts, Passwords and Security.

Users will sign in using existing Google or Facebook login accounts.

6. Linking to the Site.

We reserve the right to disallow you to link to the Site at any time in our sole discretion. If we exercise such right, you agree to immediately remove and disable any and all of your links to the Site. In the absence of a written agreement with us specifying how you may link to the Site, use the following guidelines for adding one or more links to the Site from your website:

The link must be a text-only link that clearly includes the URL of the Site;
If the link points to any page on a Site other than the home page, the text link must also include the title of the target landing page;
The appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our good name and trademarks;
The appearance, position and other aspects of the link may not create the false impression that an entity is associated with, sponsored by, or endorsed by us;
The link, when activated by a user, must display the Site full-screen and not within a "frame" on the linking website and linking may not trigger any interstitial or pop-up or pop-under windows; and
The link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or otherwise malicious.

7. Privacy.

The Company's privacy policy with respect to the collection and use of your personally identifiable information is set forth at https://www.____________ , and is incorporated by reference into these TOU. BY ACCESSING THE SITE AND/OR SERVICES, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY.

8. Disclaimer of Warranties.

THE SITE AND THE SERVICES, AND ANY CONTENT, TOOLS, PRODUCTS OR SERVICES DISPLAYED, ACCESSED OR OBTAINED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY, ITS LICENSORS AND THEIR AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT AND EXPRESSLY DISCLAIM THAT: (i) YOUR USE OF THE SITE AND/OR SERVICES AND ACCESS TO AND USE OF ALL OF THE TOOLS AND FEATURES THEREON WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (ii) THAT ANY INFORMATION OBTAINED THEREIN IS ACCURATE, RELIABLE OR COMPLETE; (iii) THAT DEFECTS WILL BE CORRECTED; OR (iv) THAT ANY SOFTWARE, SERVICES, SITE OR SERVER(S) ON WHICH THE SITE OR SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE PRODUCTS OR SERVICES SOLD OR ADVERTISED HEREIN OR ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS WITH REGARD TO THE CONTENT CONTAINED ON THE SITE OR THROUGH THE SERVICES. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TREATMENT, ACTION OR APPLICATION OF MEDICINE, MEDICATION OR THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE OR THE SERVICES.

0. Limitation of Liability.

NEITHER THE COMPANY NOR ITS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE SITE AND/OR THE SERVICES; (ii) ANY CONTENT CONTAINED ON THE SITE AND/OR THE SERVICES; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE SITE AND/OR THE SERVICES; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE SITE AND/OR SERVICES; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SITE AND/OR SERVICES; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE SITE AND/OR SERVICES; OR (vii) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE SERVICES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY OR ITS LICENSORS TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING ANY OF THE SITE AND/OR SERVICES OR IF YOU HAVE NOT PAID ANYTHING, THE AMOUNT OF $100. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

10. Indemnification.

You agree to indemnify, defend and hold The Company and its subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, employees and representatives harmless from and against any and all claims, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise directly or indirectly out of or from (i) your breach of these TOU; (ii) any allegation that any Submission Materials infringe or otherwise violate the copyright, trade secret, trademark or other intellectual property rights of a third party; and (iii) your access or use of the Site or the Services.

11. Copyright Policy.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you or your agent may send to the Company a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon the Company actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to the Company a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Identification of the copyrighted work that you claim has been infringed;
Identification of where the material that you claim is infringing is located on the Site or Service reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your address, telephone number and, if available, your 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; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Designated Agent: Duane L. Berlin, Outside GC, LLC; Address of Agent: 501 Boylston Street, 10th Floor, Boston MA 02116c; Telephone: (617)737-5000. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

12. Jurisdictional Issues.

The Company makes no representation or warranty that the content and materials on the Site or the Services are appropriate or available for use in locations outside the United States. Those who choose to access the Site or use the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. The Company reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the Site or the Services to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

13. Termination.

You agree that the Company, in its sole discretion, may terminate your password, account (in whole or in part) or use of the Site or Services, and remove and discard any content within the Site or Services, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you.

14. Governing Law.

These TOU and the relationship between you and The Company shall be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to its conflict of law provisions. You and the Company irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of Suffolk, in the State of Massachusetts, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

15. Waiver and Severability.

The failure of the Company to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

16. Successors and Assigns.

We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If the Company or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.

17. Arbitration Clause.

ARBITRATION NOTICE: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, Massachusetts before a single arbitrator. The arbitration shall be administered JAMS, pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the arbitration award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of this Section entitled “Binding Arbitration” shall be null and void. YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.

18. Updates.

We may modify these TOU at any time, as we deem appropriate. If you disagree with the changes to the TOU, you must discontinue your use of the Site and Services, and if you have registered as a member, cancel your registration. Your continued access or use of any of the Site or Services following such notice signifies your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the Site or Services with or without notice. We will not be liable to you or any third party if we exercise our right to modify or discontinue the Site or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the Site or Services as so modified and your use of new Services will be governed by these TOU.

Date of Last Revision: April 27, 2023