THE CORE - TERMS OF SERVICE
Effective Date: December 2, 2025
PLEASE REVIEW THE FOLLOWING TERMS OF SERVICE CAREFULLY, as they include important information about your legal rights, remedies, and obligations. THE DISPUTE RESOLUTION PROVISIONS IN SECTION 18, GOVERN HOW DISPUTES BETWEEN YOU AND COMPANY WILL BE ADDRESSED. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS, AND USE OF ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN BY A JURY OR OTHER COURT PROCEEDING SUCH AS A CLASS ACTION.
Welcome to The Core, a membership-based community for dating and discovery built on intention, alignment, integrity, and transparency. Our goal is to foster a safe and trusted community for members to meet, share, and engage in ways that result in quality real-world connections and experiences. We operate on a strict quality-over-quantity model. Our members are our priority. Your comfort, safety, and trust are paramount, and we are committed to upholding these values. Our decisions are driven by our desire to provide you with an exceptional experience. Should you have any questions regarding these Terms or any other aspect of our Service, please contact us at privacy@thecore.co.
1. INTRODUCTION
The Bethenny Concept, Inc. Company (“Company,” “we,” “us,” or “our”) provides its website, mobile application (the “app”) and related services for The Core offered by Company, including, but not limited to, certain events, venues, locations and other in-person interactions hosted or organized by Company (collectively, the “Services”), subject to the following terms of use (as amended from time to time, the “Terms”). Please read these Terms carefully and in their entirety.
By applying to, creating an account with, or using our Services, you agree to these Terms and our Privacy Policy. If you do not agree, you may not use the Services.
We may update these Terms from time to time by posting the changes on this page with a new Effective Date. Your continued use of the Services after the Effective Date constitutes your acceptance of the new Terms. If you do not agree to the changes, you must stop using the Services.
We reserve the right to modify our Services, features, and membership plans/tiers at any time in our sole discretion, including by introducing mandatory security or safety features. If you do not wish to use mandatory features, you may lose access to or be required to terminate your account as described in Section 6.
We may operate additional programs or services which require separate or additional terms. In such cases, you agree to be further bound by the terms specific to the additional program or service, and such terms shall control to the extent there is a conflict with these Terms.
2. JOINING THE CORE COMMUNITY
We are committed to fostering a community where all members feel comfortable, secure, and that their privacy is protected. We select community members whom we believe will adhere to our standards and respect the privacy of other members, as required by these Terms. Other than information you choose to share through your activity within the Services, your information, interest, and involvement remain confidential among our team and will only be shared with permission, except as otherwise set forth herein and in our Privacy Policy.
a. Eligibility
To use the Services in any manner (including by submitting an application, creating an account, or attending an event), you represent and warrant that you meet the following eligibility requirements: (i) you are an individual (i.e., not a business entity) at least 18 years of age, or the age of majority to legally enter into a contract under the laws of your home country if that happens to be greater than 18; (ii) you are legally qualified to enter into a binding contract with Company; (iii) you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face a similar prohibition); (iv) you will comply with these Terms and all applicable laws; (v) you are not prohibited by law from using our Services; (vi) you have not been convicted of, or pled no contest to, a felony, any crime involving violence or a threat of violence, or sexual misconduct, and you are not required to register as a sex offender with any sex offender registry; (vii) you do not have any other accounts on our Services; and (viii) you have not been previously removed from our Services, unless you have our express written permission to create a new account.
If at any time you no longer meet these requirements, your authorization to access our Services or systems will be automatically revoked and your membership terminated. We reserve the right, in our sole discretion, to remove your access to our Services without warning.
b. Application and Registration
To access the Services, eligible prospective members must submit an application. Accepted applicants will be offered a paid membership. While all applications are considered, we reserve the sole discretion to grant membership and to cap membership to a limited number of members. Our team considers the unique aspects of each applicant to determine whether you would contribute positively to The Core community, such as occupation, values, goals, personality, interests, and other factors. An applicant's connection to existing members is also strongly taken into consideration, as we believe real-world connections help build and improve the quality of our community. By submitting an application, you consent to receive text messages and emails from us regarding your application and account status. Once accepted, you must register with Company and provide certain information to activate a membership or use certain features of the Service.
You agree to provide and maintain true, accurate, current, and complete information about yourself throughout the application and registration process and at all times while using the Services. Registration data and other information about you are governed by our Privacy Policy. Upon acceptance as a member, applicants will be required to register for the applicable membership tier and pay the applicable fees (outlined below).
Upon joining, you are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. You agree to: (a) immediately notify Company of any unauthorized use of your account or other security breach; (b) keep your information current and accurate; and (c) implement necessary security safeguards on any device used to access the Service. Company is not liable for any loss or damage arising from your failure to comply with this Section.
3. FEES & MEMBERSHIP TIERS
Membership with Company is based on a tiered membership model offering exclusive additional services to help you present your best self and find your perfect match. If your application is accepted, then you will be provided with membership tier information. We reserve the right to raise or lower the cost of our membership fees and other charges, and to create additional tiers or types of membership, at any time.
4. PROCESSING PAYMENT & REFUNDS
As we use third-party services for payment processing, we do not have access to or store your payment information, and we do not offer refunds for any reason other than as set forth in these Terms. Any unused portion of a membership will not be refunded upon the expiration or termination of a user’s membership, unless required by law.
Generally, all charges are nonrefundable, and there are no refunds or credits for partially used periods of Service, except as required by law. There are no refunds for membership renewals or for members whose accounts have been blocked.
In addition to cancelling a membership, members who may be eligible for a refund must submit a refund request. You may also mail a signed and dated cancellation notice including the email or mobile number associated with your account to: Company, Attn: The Bethenny Concept Member Services, 545 Fifth Avenue, Suite 1103, New York, NY 10017.
5. USER CONDUCT AND RESPONSIBILITIES
You are solely responsible for your use of the Services and for any content or information you submit, post, or display on or through the Services ("User Content"). By using the Services, you agree not to engage in any unlawful, prohibited, or inappropriate conduct. We reserve the right to investigate and take appropriate action, including terminating your account, for any violation of these Terms.
As a condition of your use of the Services, you agree that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Additionally, you agree, without limitation, not to:
We periodically review our community and may remove members who do not act in accordance with these Terms, or who otherwise engage in disrespectful, distasteful, or inappropriate behavior.
6. TERM & TERMINATION AND MODIFICATION
These Terms will remain in effect as long as you use the Services or maintain membership with Company. You can terminate your account at any time and for any reason by contacting Company at privacy@thecore.co. Similarly, Company reserves the right, in its sole discretion, to suspend, deactivate, delete, or terminate your account and all related information, or bar any further access to any part of the Services without prior notice and to remove any content within the Services for any reason, including but not limited to: (i) inactivity; (ii) a belief that you have breached these Terms or failed to uphold membership ideals; or (iii) any other reason determined by Company, such as periodic membership reviews and adjustments to membership numbers.
Company may also, at its discretion and without notice, amend, modify suspend or discontinue the Services or any part of it and/or your use of or access to it, with or without notice. Company shall have no liability to you or any other person for any modification, suspension, or termination of the Services or any loss of related information.
By using the Services, you acknowledge and agree that certain features, products, events, and other aspects of the Services may not be available to all users. Additionally, certain features and updates are often beta-tested with a small user group, and other permanent features may be available only to specific user segments based on factors like location, preferences, and unique privacy needs.
7. MEMBER INTERACTIONS
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER OR FOR YOUR EXPERIENCE AT ANY IN-PERSON MEETING OR EVENT. YOU USE THE SERVICES AT YOUR OWN RISK.
You acknowledge that Company does not conduct criminal background checks on its members or otherwise verify their statements. However, Company reserves the right to conduct, and you authorize Company to conduct, any criminal background check or other screenings (such as sex offender registry searches) at any time using available public records. You agree that any information you provide may be used for that purpose.
Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. You should only elect to disclose your location to another member after careful consideration.
You agree to release Company and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injury, death, and property damage, that directly or indirectly arise from your interactions with or conduct of other members. If you are a California resident, you waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This release does not apply to claims arising from any unconscionable commercial practice by Company or for its fraud, deception, false promise, misrepresentation, or concealment of any material fact.
8. OWNERSHIP
The Services and all of the Content (defined below) is owned by us, our licensees, or our licensors. Your use of the Services does not grant you any right to this Content. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; trademarks and logos; patents, trade names, service marks and other intellectual property rights related thereto, any and all copyrightable material (including source and object code); the "look and feel" of the Services (collectively, the "Content") is owned, controlled or licensed by us, our subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Company. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Content not expressly granted to you under these Terms are hereby reserved.
9. THIRD PARTY MATERIAL
Company is not liable for any User Content or third-party materials, including any errors, omissions, or any loss or damage incurred from their use. You acknowledge that Company does not pre-screen User Content but reserves the right (without obligation) to refuse or remove any User Content that violates these Terms or is otherwise deemed objectionable in its sole discretion. You agree to evaluate and bear all risks associated with using any User Content.
10. LICENSE
You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sub-licensable right and license to use, reproduce, modify, adapt, reformat, publish, translate, create derivative works from, distribute, transmit, perform, and display all data, feedback, or other information submitted, posted, published, transmitted, or displayed on or via the Services or to Company, and to incorporate such data in other works in any form, media, or technology now known or later developed. Company shall have no obligation of any kind with respect to any such data that you submit, post, publish, display, or transmit via the Services. You represent and warrant that you have proper authority to grant this license.
You understand and agree that we may access, store, analyze, and use your content, including messages and other communications, to monitor, develop, personalize, and improve our Services. This process may involve machine learning and other automated technologies and will be conducted in accordance with applicable law.
11. PRIVACY
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Services is governed by our Privacy Policy.
12. CONFIDENTIALITY
You agree to hold all User Identifying Information (as defined below) in strict confidence and shall not, without the express prior written consent of Company, disclose, distribute, publish, or otherwise make available any User Identifying Information to any third party. This obligation of confidentiality shall apply regardless of how you obtain such information and shall survive any termination of your use of the Service. For purposes of this Agreement, "User Identifying Information" means the names, contact information, likenesses, and any other information that could reasonably be used to identify an individual who uses the Services. Violation of this provision may result in immediate termination of membership at Company’s sole discretion.
13. COMMERCIAL USE
The Service is for personal use only. You may not use the Service or any of its content (including, but not limited to, other users' content, designs, text, graphics, images, videos, logos, and software) for any commercial purposes. Prohibited commercial activities include promoting a business or soliciting users to buy or sell products or services not offered by the Company. You may not use information obtained from the Service to contact, advertise to, solicit, or sell to another user without their prior explicit consent. Organizations, companies, or businesses may not use the Service for any purpose without Company’s express written consent, which may be withheld in its sole discretion.
14. LINKING & THIRD PARTIES
The Services or communications you receive from us may contain links to third-party websites, applications, or features such as plug-ins or embedded services (together, the “Third Party Services”). We do not control any of these Third Party Services or any of their content. The inclusion of any link to Third Party Services does not necessarily imply Company’s endorsement of or affiliation with that third party. You acknowledge and agree that Company has no responsibility or liability for any such Third Party Services. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Company will not be responsible or liable, directly or indirectly, for any damage, loss, or claim caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods, or services available on or through any such third party.
15. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN). THIS INCLUDES, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, (II) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (III) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. THE COMPANY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS, OR RECEIVES THROUGH THE SERVICE, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE IDENTITY, INTENTIONS, LEGITIMACY, OR VERACITY OF ANY USERS WITH WHOM YOU MAY COMMUNICATE THROUGH THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 DEVICE, 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.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE AVAILABILITY, QUALITY, OR SUCCESS OF ANY CONNECTIONS, MATCHES, OR INTERACTIONS FACILITATED THROUGH THE SERVICES. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL MEET OR CONNECT WITH ANY PARTICULAR INDIVIDUAL OR THAT ANY MATCHES OR CONNECTIONS WILL OCCUR AS A RESULT OF YOUR USE OF THE SERVICE.
16. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING DAMAGES FOR DEATH, PERSONAL INJURY, LOST PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICES; (B) YOUR USE OF OR INABILITY TO USE THE SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY PARTIES OR LAW ENFORCEMENT; (D) ANY ACTION TAKEN IN CONNECTION WITH INTELLECTUAL PROPERTY OWNERS; (E) ANY ERRORS OR OMISSIONS IN THE OPERATION OF THE SERVICES; OR (F) ANY DAMAGE TO ANY USER'S DEVICE OR TECHNOLOGY FROM ANY SECURITY BREACH, VIRUS, OR OTHER MALFUNCTION. THE COMPANY PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR YOUR MEMBERSHIP OVER THE 12 MONTHS PRECEDING THE DATE YOUR CLAIM AROSE, IF ANY, BY YOU TO COMPANY FOR THE SERVICES DURING THE PRECEDING YEAR.
SOME JURISDICTIONS, SUCH AS NEW JERSEY, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, INCLUDING FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR FOR A COMPANY'S NEGLIGENT, FRAUDULENT, RECKLESS ACTS, OR INTENTIONAL MISCONDUCT. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE THAT ANY DAMAGES INCURRED ARE NOT IRREPARABLE AND WILL NOT ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF TO RESTRAIN THE EXPLOITATION OF ANY SERVICE OR PROPERTY OWNED OR CONTROLLED BY THE COMPANY PARTIES.
17. INDEMNIFICATION
You (and any third party on whose behalf you use the Services) agree to indemnify, defend, and hold harmless the Company Parties from any claims, liabilities, damages, losses, costs, and/or expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with the following (whether resulting from your activities on the Services or those conducted on your behalf): (i) your access to or use of the Services; (ii) your breach or alleged breach of these Terms; or (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right. You agree that the Company Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify, defend, and hold harmless any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Company Parties in connection therewith. You will cooperate as fully required by Company in the defense of any claim. The Company Parties reserve the right to assume exclusive control of its defense in any matter subject to your indemnification, which shall not excuse your obligation to indemnify the Company Parties. You shall not settle any claim without the prior written consent of Company.
18. DISPUTE RESOLUTION
This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
Informal Process. You agree that in the event of any dispute between you and Company, the parties shall first attempt in good faith to resolve any dispute through informal discussions. The party asserting a dispute must provide written notice describing the nature and basis of the Dispute and the relief sought. The receiving party shall respond in writing within ten (10) days. The parties shall confer in good faith to resolve the dispute, including at least one discussion (by telephone, video conference, or in person), for a period of thirty (30) days from the date the initial written notice is received, unless the parties agree in writing to extend that period. If the dispute is not resolved within the thirty (30) day period (as extended, if applicable), either party may commence more formal means of resolution as set forth below. Completion of this informal resolution process is a condition precedent to any arbitration.
Agreement to Arbitrate. After the informal dispute resolution process, any remaining dispute, controversy or claim (collectively, “Dispute”) arising out of or relating in any way to these Terms or Company’s services and/or products, including but not limited to the Services, or relating in any way to the communications between you and Company or any other user of the Services, will be finally resolved by binding arbitration (“Arbitration”). This mandatory arbitration agreement applies to you and to Company. However, this arbitration agreement does not (a) govern any Dispute by Company for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Section and to any Dispute, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: The Bethenny Concept, 545 Fifth Avenue, Suite 1103, New York, NY 10017.
Arbitration Procedure and Rules.
Any Arbitration shall be settled by arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. 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 or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. 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 written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The Arbitration and all claims and counterclaims asserted in the same shall be governed by New York law. To start an Arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com ); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, NY Times Building, 620 8th Ave, 34th Floor, New York, NY 10018; and (c) send one copy of the Demand for Arbitration to The Bethenny Concept, 545 Fifth Avenue, Suite 1103, New York, NY 10017, if appropriate. The place, or legal seat of arbitration, shall be New York, and the language of the arbitration shall be English or Spanish.
You may only bring claims in your individual capacity on your own behalf, and not in any representative capacity or on behalf of any class or purported class, and no arbitration you commence hereunder may be joined with or include any claims by any other persons. Each party shall be exclusively responsible for paying its own arbitration fees and costs, including attorneys’ fees.
The arbitrator shall issue a reasoned award and, subject to the limitation of liability set forth above, shall have the power to grant any interim or provisional measures that the arbitrator deems appropriate, including, but not limited to, injunctive relief and specific performance, and any interim or provisional measures ordered by the arbitrator may be specifically enforced by any court of competent jurisdiction as a final award. Nothing herein, however, shall authorize the arbitrator to act as amiable compositeurs, to proceed ex aequo et bono, or to exercise rights of iura novit curia. Each party hereto retains the right to seek interim measures from a judicial authority, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. No information concerning an arbitration, beyond the names of the parties, their counsel or the relief requested, may be unilaterally disclosed to a third party by any party unless required by law. Any documentary or other evidence given by any party or witness in any arbitration shall be treated as confidential by any party whose access to such evidence arises exclusively because of its participation in the arbitration and shall not be disclosed to any third party (other than a witness or expert), except as may be required by law. Any party who commences any judicial proceeding in connection with an arbitration initiated hereunder shall endeavor to have the judicial record of any such proceeding sealed to the extent permitted by law.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. You and Parties further agree to submit to the personal jurisdiction of any federal or state court in New York City, New York order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH COMPANY MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM WILL BE PERMANENTLY BARRED.
19. CONSENT TO COMMUNICATIONS
By providing us with your contact information and using the Services, you agree to receive communications via e-mail and/or social media from or on behalf of Company at the email address or telephone number (including mobile number) you provided. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
20. MOBILE SERVICE
“Mobile Services” include services available via mobile devices, such as the ability to upload content, browse the Services, and access features through our mobile application. To the extent you access the Services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. Downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
By using the Mobile Services, you agree that we may communicate with you regarding Company via APNS push notifications, SMS text messages, or other electronic means to your mobile device, and that certain information about your usage of the Mobile Services may be communicated to us. If you change or deactivate your mobile telephone number, you agree to promptly update your Company account information to ensure that your messages are not sent to the person who acquires your old number.
21. GOVERNING LAW
These Terms shall be governed by and construed and enforced in accordance with the laws of the State of New York, without regard to its principles of conflicts of laws.
22. NO THIRD PARTY RIGHTS
Unless expressly stated in these Terms to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Company, and our successors and assigns. Nothing in these Terms is intended to relieve or discharge the obligation or liability of any third persons to you and Company and our successors and assigns, nor shall any provision give any third parties any right of subrogation or action over against you, Company, and our successors and assigns.
23. FORCE MAJEURE
We will not be deemed to be in breach of these Terms or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, pandemics/epidemics, or other disaster.
24. NO WAIVER; ASSIGNMENT RIGHTS; SEVERABILITY
Company’s failure to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance. We may assign these Terms at any time without notice to you. You may not assign to anyone else and any attempt by you to assign shall be void. If you do not comply with these Terms, and we do not act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If any provision of these Terms is held invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
25. NOTICE
The Company may provide you with notices regarding these Terms by any reasonable means, including by email, text message, or by posting within the Services. You may not receive these notices if you violate these Terms by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any notices that would have been delivered had you accessed the Service in an authorized manner.
26. MISCELLANEOUS
These Terms and our Privacy Policy constitute the entire agreement between you and the Company concerning the Service. If any part of these Terms is found to be invalid, the rest of the Terms will remain in effect. The Company's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not represent or bind the Company in any way.
27. STATE-SPECIFIC TERMS
California
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at Consumer Information Division, 1625 North Market Blvd., Suite N112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
For members residing in New York:
For members residing in North Carolina:
For members residing in Illinois, New York, North Carolina, and Ohio:
28. CONTACT US
If you have any questions, comments or concerns regarding these Terms, please contact us at: privacy@thecore.co.