COR5 Terms and Conditions
Conditions of Electronic Use
These Conditions of Use apply to every electronic and other use of the System. Please read these Conditions carefully before using the System. By using the System, you accept the provisions of these Conditions. If you do not accept these Conditions, you may not use the System.
Article 1 – Definitions
1.1 COR5 LLC (‘COR5’): the supplier referred to in these Conditions or a business affiliated with it
1.2 User: a Client that has an Account and can therefore sign into the System and use the Applications to which party these Terms & Conditions apply,
1.3 Customer: any natural person or legal entity with which COR5 has concluded an agreement
1.4 Account: the personal environment within the System which is created for a User by COR5 after an Agreement is reached as a result of your registration for the site, and to which environment The User can obtain access after entering its Login Details via the Website.
1.5 Agreement: any agreement concluded between User and COR5 concerning the provision of the System and the use of the Applications;
1.6 System: the remotely accessible web-based portal, community or databank (including the information in the databank), available at http://COR5.com as well as all underlying webpages, by means of which the User can access Applications.
1.7 Applications: the services as provided by COR5 to the Client through the System
1.8 Data: all data that are processed and made available via the System
1.9 Login Details: the name or alias and password chosen by the User in order to sign into its Account and with which credentials the User can use the System;
Article 2 –Right to use the System
2.1 COR5 hereby grants the User a personal, non-transferable, non-exclusive right to use the System. This right to use is limited to remote use of the System by means of electronic access via the Internet. The User may not reproduce, publicise, reuse or retrieve the System, unless insofar as necessary for the personal development, recruitment and hiring and/or as prescribed by mandatory provisions of law.
2.2 COR5 has instituted technical measures to protect the System. The User may not remove or circumvent such technical measures.
2.3 The User may not let, lend, lease, sublicense or grant to others any rights in the system as they are limited to you, the User. . The User furthermore may not give any third party remote or other access to the System.
2.4 The use of the System is for the User’s own account and is at User’s own risk. The use of electronic communication facilities in order to gain access to the System is also for the User’s own account and risk. COR5 will in no event be liable for any incidental or consequential damage, loss or costs, including loss of Data, or any inability of the User to use the System as a result of a shortcoming, defect or other malfunction of the aforesaid electronic communication facilities.
Article 3 – Data
3.1 The User warrants that the Data provided is accurate, correct and complete. The User also warrants that it is entitled to disclose all the data, including personal data, provided to COR5. Insofar as necessary, the User hereby gives COR5 permission to process the personal data.
3.2 The risk of loss or theft of or damage to Data, information, software, files and/or other data of the User and/or made available to the User will at all times be borne by the User.
3.3 No warranties, including warranties for merchantability or fitness for a particular purpose are given or are implied and same are expressly excluded. By using the system, User acknowledges and agrees that it is solely liable for any resulting harm.
Article 4 – User’s obligations
4.1 The User warrants the correct and proper use of the System, with due observance of these Conditions. The User may not use the System for any acts and/or conduct contrary to the law, public order or public decency. The User’s acts and/or conduct must be in accordance with what may in all respects be expected of a responsible and diligent User.
4.2 The access, identification, Login Details or other codes made available to the User are personal. The User must safeguard those codes and keep them confidential and secure. COR5 will in no event be liable for any loss or costs resulting from any abuse, theft or misuses made of such codes.
Article 5 – Intellectual property rights
5.1 All intellectual or industrial property rights in respect of the System vest exclusively in COR5 and are protected by COR5 as proprietary. By providing User with access to the system, COR5 does not waive any of its rights of confidentiality.
5.2 The User may not change, render illegible or remove any trademark or recognition signs affixed to the System and/or any references to copyrights, trade names or other intellectual property rights, including references to its confidential nature and confidentiality, and may not modify or copy the System or any part thereof.
Article 6 – Functioning of the System
6.1 The User acknowledges and accepts that:
(a) the System will not and cannot meet all the User’s expectations;
(b) the System will not be free of errors and will not function without interruption; and
(c) not all the errors in the System will be repaired.
Article 7 – Limitation of liability and disclaimer of warranties
7.1 The System is provided “AS IS” and “WITH ALL FAULTS,” without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. COR5 makes no warranty that the System is free of defects or is suitable for any particular purpose. In no event shall the Licensor be responsibility for loss or damages arising from the installation or use of the System, including but not limited to any indirect, punitive, special, incidental or consequential damages of any character including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses. The entire risk as to the quality and performance of the System is borne by you. Should the System prove defective, you and not COR5 assume the entire cost of any service and repair.
7.2 All claims, disputes or causes of action must be brought in a court of competent jurisdiction in the Commonwealth of Pennsylvania.
7.3 This Agreement shall be construed in accordance with the law of the Commonwealth of Pennsylvania.
7.4 In the event User discovers an error or defect in the System, notice of the error or defect must be provided in writing to COR5 within fifteen (15) days of discovery.
7.5 If any provision is if found to be invalid, this agreement shall be construed in the broadest terms deemed as valid.
7.6 By registration and use of the System, the User agrees that COR5 in any event, shall not be liable in any amount greater than the fee you paid COR5 for use of the System.
Article 8 – Duration of use of the System
8.1 The User may use the System for as long as COR5 gives it the right to do so.
8.2 COR5 may deny the User access to the System at any time without advance notice if the User fails to fulfil any obligation under these Conditions or under applicable law. COR5 shall deny the User access to the System if the agreement between COR5 and the Customer terminates for any reason whatsoever.
Article 9 – Other provisions
9.1 COR5 may amend these Conditions at any time. All amendment shall be effective when updated in the System. If the User continues to utilize the System, the User will be presumed to have accepted the changes if User does not accept the amendments, the User has the right to Terminate its agreement with COR5 by sending notice to COR5 in accordance with the agreement between the parties. The User undertakes to observe confidentiality with regard to all information concerning COR5 and/or the System that comes to its knowledge in the context of the use of the System. This obligation in any event relates to technical, financial, operational and business information of COR5, and to any other information that the User knows or should know is confidential. The burden of proof that certain information of COR5 is not confidential is on the User. The confidentiality provisions are posted on the website.