TERMS OF USE

LAST REVISED: SEPTEMBER 10, 2016

Welcome to MyCore, our other websites, kiosks, service, and our mobile application(s), offered by MyCore LLC., and its affiliates (“MyCore” or “Company” or “we” or “us”). These Terms of Use and our Privacy Policy (together, these "Terms") describe the terms and conditions applicable to all Members' access, submissions and use of our websites, applications, kiosks, services and mobile applications on or to which these Terms are linked or referenced (collectively, the “MyCore Services” or the “Services”).

Some of our offerings may be subject to additional terms, and we will notify you if this is the case.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, AND CONTAIN AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. THIS WEBSITE IS INTENDED SOLELY FOR MEMBERS WHO ARE UNITED STATES CITIZENS OR RESIDENT ALIENS WITH A UNITED STATES ADDRESS AND ARE PHYSICALLY LOCATED IN THE UNITED STATES.

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.

ACCESSING OR OTHERWISE USING THE MYCORE SERVICES OR CONTENT OBTAINED FROM THE MYCORE SERVICES OR WEBSITE, CONSTITUTES ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS. THESE TERMS OF USE CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND MYCORE LLC. IF YOU DO NOT SO CONSENT TO OR ACCEPT THESE TERMS OF USE, YOU MAY NOT USE THE MYCORE SERVICES OR USE ANY OF ITS CONTENT.

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.

3. PRIVACY/REGISTRATION/SECURITY

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.

4. ELIGIBILITY/ACCESS

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. The Privacy Policy (which can be accessed through this Privacy Policy hyperlink) is a part of and hereby incorporated in, these Terms. If you are under 18 years of age, you further warrant and represent that you either: (1) are an emancipated minor, or (2) possess legal parental or guardian consent to enter into this agreement and use the MyCore Services.If you are under age 13, you are not permitted to submit any personally identifiable information to MyCore through our Websites, applications, or offline, or to use the MyCore Services. Any use of the Services by persons under the age of 13 is void where prohibited. By accessing and using the MyCore Services, you represent and warrant that you are age 13 or older, and have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use the Services from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Website or Services. If you are accessing the Services from outside the United States you further agree to be bound by the laws and jurisdiction of the United States. MyCore may, at its discretion, terminate your account, deny you eligibility to post content, or deny you access to the MyCore Website if it feels you have at any time violated the eligibility requirements. Any registration by, use of or access to the Website by anyone who does not meet these requirements is unauthorized, unlicensed and in violation of these Terms of Use.

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.

Our applications and Services may be available for download from third party appstores which are not owned and operated by MyCore. You must comply with any applicable third party terms of agreement when using the application and ensure that your use of the application is not in violation of an appstore's terms and conditions, privacy policy, any applicable End User License Agreement or distribution policies, your mobile device agreement or any wireless data service agreement (collectively, “Related Terms”). Each time you download, install, access, use or browse the application, you acknowledge that you have also reviewed and accepted the Related Terms.

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

We grant you a limited, revocable, nontransferable, and non-exclusive license to access and make use of the MyCore Services through a worldwide web browser for your own personal, non-commercial use only, and for no other purpose, and only so long as you are in compliance with these Terms of Use and any other agreements between you and MyCore. Except as expressly provided herein, MyCore and its suppliers do not grant any express or implied rights to use the Website or the MyCore Content. You acknowledge that the trade secrets and intellectual property embodied in the MyCore Services have not been and will not be licensed or otherwise disclosed to you. This limited license prohibits and does not permit you to, and you agree not to: (i) copy, republish, or frame the Website, MyCore Content or MyCore Services, or utilize framing techniques to enclose the MyCore Services or any portion thereof; (ii) modify, download, reverse engineer, disassemble, or decompile the MyCore Services or content (except caching or as necessary to view the MyCore Services), or otherwise attempt to discover any source code, the underlying workings or the underlying trade secrets of the MyCore Services; (iii) make any use of the MyCore Services or content other than use authorized by these Terms of Use; (iv) create any derivative work based upon the MyCore Services or content; (v) collect another’s account information for the benefit of yourself or another party, attempt to gain unauthorized access to the MyCore Services, other Members’ accounts or MyCore’s computer systems or networks, through hacking, password mining or any other means; (vi) use any meta tags or any other "hidden text" utilizing MyCore's name or trademarks or to otherwise use the trademarks; (vii) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect, access, retrieve, scrape or index any portion of the MyCore Services; (viii) remove any copyright, trademark or other proprietary rights notices contained in the MyCore Services or Content; (ix) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the MyCore Services or any features or functionality of the MyCore Services, to any third party for any reason, including by making the MyCore Services available on a network where it is capable of being accessed by more than one device at any time, or (x) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the MyCore Services or that may adversely affect performance of the MyCore Services or restrict any other Member or MyCore from using or enjoying the communication services or the MyCore Services.

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

Unless otherwise expressly permitted in writing by MyCore, we authorize you, subject to these Terms of Use, to access the Website and use the content contained therein and accessible therethrough, and use the Website functionalities solely for your exclusive and personal use.

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.

Except as set forth in these Terms of Use, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the MyCore Content may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited. You agree to not copy, modify, transmit, create any derivative works from, make use of, frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of MyCore or, if such property is not owned by MyCore, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

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;

uses the Website to collect personally identifying information about Members of the Website in violation of our Privacy Policy;

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

MyCore Services may contain links to third-party websites or other online locations, and features (collectively, “Linked Services”). Linked Services are not under the control of MyCore and MyCore is not responsible for Linked Services or for any information or materials on, or any form of transmission received from, any Linked Service. You acknowledge and agree that MyCore is not responsible for the availability of such Linked Services or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your interactions with these Linked Services are governed by the privacy policy and terms of use of the company providing the Linked Services. You should carefully review the terms and conditions and privacy policies relating to the Linked Services. The inclusion of a link does not imply endorsement by MyCore of the Linked Services or any association with the operators of the Linked Services. MyCore does not investigate, verify or monitor the Linked Services. MyCore provides links to Linked Services for your convenience only. You access Linked Services at your own risk.

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

MyCore respects the intellectual property of others. We may, in our sole discretion, disable and/or terminate use by Members who we believe have infringed the intellectual property of others. Subject to the provisions of these Terms of Use, our Website and the Content are owned by or licensed to MyCore, subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. MyCore reserves all rights to the MyCore Content. All product, brand and company names and logos used on our Website are the trademarks or registered trademarks (including, but not limited to a trademark “MyCore”) of their respective owners. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Any use of any of the marks appearing on the Website, whether or not owned and/or operated by MyCore (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate), is strictly prohibited. You may not use metatags or any other “hidden text” utilizing “MyCore” or any other name, trademark, service mark or product or service name of MyCore without our prior written permission. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark, copyright, and/or trade dress of MyCore and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MyCore.

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: MyCore LLC 1245 Brickyard Rd Suite 100 Salt Lake City, Utah 84106 United States of America Email: info@MyCore.com 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.

15. TERMINATION

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.

16. INDEMNIFICATION

You agree to indemnify, defend and hold MyCore and its affiliates, and their respective owners, directors, officers, employees, shareholders, agents, suppliers, customers and Members of the Content (collectively, the “MyCore Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including legal fees) incurred by any MyCore Party as a result of or in connection with (a) your use of or reliance on MyCore Services or any of its content; (b) any content or materials posted on or submitted with MyCore Services by you or third parties; (c) any violation of these Terms, the Privacy Policy, any applicable laws, or our rights or those of a third party; (d) any activity related to your Account or any person accessing the MyCore Services using your Account, and (e) your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

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

These terms shall be governed by, and will be construed under, the laws of the state of Utah, United States of America, without regard to choice of law principles. You agree that any dispute which may arise out of, under, or in connection with your use of the MyCore Services shall be submitted to binding arbitration in Salt Lake City, UT administered by the American Arbitration Association in accordance with its then current rules, and the judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. MyCore will provide such notice by email to the email address that you provided when you created your account and you must provide such notice to MyCore by email at info@MyCore.com. However, to the extent you have violated or threatened to violate MyCore's intellectual property rights or the intellectual property rights of MyCore's affiliates, partners or licensors, MyCore may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. You agree that no claim arising out of these terms of use or your use of the MyCore Services may be brought as a class action, and no arbitration under these terms shall be joined with an arbitration involving any other party under these terms, whether through class arbitration proceedings or otherwise.

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

MyCore reserves the right to make changes to the Website, MyCore's policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Communication with MyCore

You may contact MyCore at: MyCore LLC 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

California:

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: MyCoreAttn: 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.

New Jersey:

If you live in New Jersey, please carefully read our Terms and understand that by using the MyCore Services and accessing our Website, in addition to the other rules, you agree to, (i) any dispute between us will be governed by Utah law and decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim, (ii) under the laws of the State of New Jersey, limitations on implied warranties or the exclusion or limitation of certain damages, as set forth in Section 19 , may not apply to you, and (iii) you are responsible for any harm that you cause us, whether it is because of (a) the content or materials posted on or submitted to the Site by you, (b) your material your uncured breach of these Terms, the Privacy Policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password.

20. MISCELLANEOUS

You acknowledge and agree that these Terms, which include MyCore's privacy policy and other terms and rules referenced herein, constitute the complete and exclusive agreement between MyCore and you concerning your use of MyCore Services, and supersede and govern all prior proposals, agreements, or other communications.

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.

QUESTIONS?

If you have any questions about these Terms of Use or the MyCore Services, please contact us at info@MyCore.com. You can also write to us at: 1245 Brickyard Rd. Suite 100 Salt Lake City, UT 84106 United States of America