Last modified: October 3, 2020
Thank You for Choosing Corus!
Important Note: THESE TERMS OF SERVICE ARE SUBJECT TO BINDING ARBITRATION AND INCLUDE A WAIVER OF CLASS ACTION RIGHTS.
Thanks for using the products and services (collectively the “Services”) offered by trackwave, Inc. (“Corus”). Our business is located at 1567 S Josephine St, Denver, CO 80210, United States.
If you will be using any Services on behalf of an organization, you agree to these Terms on behalf of that organization and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that organization.
You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using our Services. Please read them carefully.
Using Our Services
You must follow any policies made available to you within our Services.
Don’t misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
Our Services display some content that is not Corus’. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
Your Corus Account Requirements and Responsibilities
You will need a Corus account in order to use some of our Services. In connection with your use of the Services, we may send you service announcements, administrative messages, and other information to the email address associated with your account. You may opt out of some of these communications.
If you are an individual, you may only use the Services if you have the power to form a contract with Corus. None of the Services are intended for use by individuals less than 13 years old. Where specified, some Corus Services or features are not permitted for use by those under the age of 18 years old. If you are under 13 years old or do not have the power to form a contract with Corus, you may not use any of the Services. We recommend that parents and guardians directly supervise any use of the Services by minors. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation and that you have duly authorized your agent to bind you to these Terms.
You may only use the Services if you are not barred under any applicable laws from doing so. If you are located in a country embargoed by United States or other applicable law from receiving the Services, or are on the U.S. Department of Commerce’s Denied Persons List or Entity List, or the U.S. Treasury Department’s list of Specially Designated Nationals, you are not permitted to purchase any paid Services from Corus.
To protect your Corus account, keep your password confidential. You are responsible for the activity that happens on or through your Corus account. Try not to reuse your Corus account password on third-party applications. Accounts may not be shared and may only be used by one individual per account. We’ve made it easy for you to collaborate within our Services with other users, so there should never be a case in which you’d have a reason to share your account with anyone else. If you learn of any unauthorized use of your password or Corus account, please contact email@example.com immediately.
For more information about Corus’ security practices, please view our Security Statement.
Corus occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account, current and accurate. Accounts are controlled by the entity whose email address is registered with the account.
You are responsible for maintaining, protecting, and making backups of your content and all other data you collect and store on our website in conjunction with your use of the Services. To the extent permitted by applicable law, Corus will not be liable for any failure to store, or for loss or corruption of, your content.
Corus may limit, suspend, or stop providing any or all of the Services to you if you fail to comply with these Terms (such as a failure to pay fees when due), or if you use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Corus may also suspend providing the Services to you if we are investigating suspected misconduct by you. If we suspend or terminate the Services you receive, we will endeavor to give you advance notice and, if applicable, an opportunity to export a copy of your content from that Service. However, there may be time sensitive situations where Corus may decide that we need to take immediate action without notice. Corus has no obligation to retain your content upon termination of the applicable Service.
Your Content in Our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
Corus Rights to Content
When you upload, submit, store, send or receive content to or through our Services, you give Corus (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
Lastly, if you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Content Owner Responsibilities
The Services display content provided by others that is not owned by Corus. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that content in connection with the Services. Corus is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
You acknowledge that Corus may, whether at its sole discretion or to comply with legal requirements, review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Corus otherwise has no obligation to monitor or review any content submitted to the Services.
Corus may publish links in its Services to internet websites or applications maintained by third parties, and third parties may also make certain Corus Services directly accessible on their internet websites or applications. Corus does not represent that it has reviewed such third party services and is not responsible for them or for any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
Your Rewards from Corus
From time to time you may have the opportunity to receive rewards for your use of one or more Corus Services. For instance, you may be rewarded for responding to certain surveys within the Corus mobile app. Your eligibility to receive a reward, and the size of any reward that may be offered, will be determined at the sole discretion of Corus. Corus may or may not indicate ahead of time which activities might result in a reward.
Rewards Accounts; Distribution
Each eligible user will be assigned a “Rewards Account”. If you receive a reward for participating in Corus Services, that reward will be credited to your Rewards Account. When your Rewards Account reaches the minimum accumulated value, as defined by Corus, you may elect to have Corus distribute the rewards accumulated in your Rewards Account in the form of a cash disbursement to a third party financial institution, or by other means of distribution that Corus may make available through the functionality of the applicable Service. Each of the different means of rewards distributions may require you to achieve a different minimum accumulated value in your Rewards Account before it is permitted for your rewards to be distributed by that specific means.
Some means of rewards distribution, such as charity donations, may have no minimum accumulated rewards requirement, which means that your rewards won’t accumulate in your Rewards Account over time but will rather be credited as soon as you earn them to the intended recipient of your rewards; in such cases, Corus will, within a period of 12 months following your rewards activity, make donations equivalent in value to your rewards activity to the recipient of your choice. If for any reason the recipient of your choice is unable at that time to accept donations from Corus, Corus will at its discretion choose an alternative recipient, though we make no assurances about our ability to inform you of such change.
Regardless of the means of rewards distribution, Corus may elect to place a temporary hold on any distribution you attempt to process, or any distribution that has been credited to a recipient beneficiary in the case of charity donations, in order to investigate account activity we deem suspicious, and to ensure full compliance with these Terms. Failure to comply with these Terms may result in forfeiture of your rewards and in termination of your account with Corus.
Occasionally after completing an earnings activity for your Rewards Account, you may by notified by our Services that you are eligible to access the Corus “earnings multiplier” feature. Whether you decide to use this optional feature is entirely up to you. Should you do so, the earnings multiplier provides a randomized opportunity to increase the rewards you earned in your last earnings activity. The earnings multiplier does not, however, put the rewards from your last earnings activity at risk; nor does it put at risk any of the earnings you may have accumulated in your Rewards Account through prior successive earnings activities. The use of this feature may result in the value of your earnings remaining unchanged from before, but this feature will not, in any case, reduce your rewards. If you opt to use this feature when presented by it, please note that there is no purchase or transaction necessary, nor anything of value that you must stake, bet, wager, or place at risk to do so.
PLEASE NOTE THAT PRIOR TO DISTRIBUTION, ALL REWARDS WILL HAVE NO MONETARY VALUE AND SHALL REMAIN THE SOLE PROPERTY OF CORUS. YOUR DISTRIBUTION OF REWARDS IS NOT GUARANTEED. REWARDS ARE NON-TRANSFERABLE EXCEPT BY THE LIMITED MEANS OF DISTRIBUTION MADE AVAILABLE TO YOU WITHIN OUR SERVICES. INDIVIDUALS WHO ARE ELIGIBLE TO ACCUMULATE REWARDS MAY NOT USE MORE THAN ONE CORUS ACCOUNT TO DO SO.
The specific means of distribution that Corus makes available may change from time to time without notice. Moreover, your use of any such means of distribution will be governed by the terms and conditions of the third-party entity that provides it. Although Corus tries to make it convenient for you to access these third-party services insofar as they enhance your use of our Services, we are not responsible for your experience with them.
For each specific means of distribution, the minimum accumulated value required for rewards distributions may be adjusted up or down in the future as Corus, at its exclusive discretion, determines. While it is in our interest to provide a consistent and predictable experience with our Services, we cannot exclude the possibility that future business circumstances could impel us to modify the minimum accumulated rewards requirement in certain cases, even if you had already begun accumulating rewards towards a previously established minimum requirement for a given means of distribution.
Should you elect to close your Corus account and you have undistributed rewards that total more than the minimum amount required at that time for distribution from your Rewards Account, you are expected to distribute such rewards prior to closing your account. If your account is terminated by Corus for any reason, if you fail to properly distribute your rewards when closing your account, or if at the time of closing you have less than the minimum accumulated rewards for distribution in your account, then any rights you have to the rewards accumulated in your Rewards Account will terminate.
From time to time Corus may make it possible for you to increase your rewards by referring others to Corus. In the event you invite other users who share the same mobile device as you, or if you create multiple Corus accounts in an effort to earn rewards by inviting yourself or other fictitious or fraudulent users to the Services, you will be ineligible to receive these rewards distributions and may be permanently barred from further use of the Services. Any referrals must be made to individuals directly known to you. You may not send referral codes to marketing lists or otherwise engage in mass messaging campaigns that could be confused by recipients as direct solicitations from Corus. Any of the foregoing actions described in this section violate our Terms, and if Corus reasonably suspects that you’ve engaged in them we may elect to immediately terminate your account without warning.
Depending on applicable federal, state, and local tax laws, your distribution of rewards may be subject to taxes. You will be solely responsible for any and all tax liability arising out of your receipt of Corus rewards. Unless your distributions exceed $600.00 USD within a given calendar year, Corus will not generate a 1099 Form for you.
Fees for Services
Some Corus Services require payment. Where applicable, you agree to pay to Corus any fees for each Service you purchase or use (including any overage fees) in accordance with the pricing and payment terms presented to you for that Service. Fees paid by you are nonrefundable, except as provided in these Terms or when required by law. Corus reserves the right to take actions it deems commercially reasonable to collect unpaid payments, including but not limited to the referral of delinquent accounts to collections agencies, the notification of appropriate credit ratings agencies, as well as the imposition of additional fees that would reasonably cover the losses incurred from non-payment and collections.
Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting Corus at firstname.lastname@example.org. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
Corus may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Corus will provide you with reasonable prior written notice of any change in fees to give you an opportunity to cancel your Subscription before the change becomes effective.
If you terminate a Subscription in the middle of a billing cycle, you will not receive a pro-rata refund for any period of time you did not use in that billing cycle unless you are terminating the Agreement for our breach and have so notified us in writing, or unless such a pro-rata refund is required by law.
Adding Credit to an Organization
If you are a registered user of Corus you may opt to add a monetary value to a Corus organization that your user account is associated with. The funds you add may be spent immediately or can be used as a prepayment in the future for purchases of eligible Services, including third-party offers that may be made available in connection with the Services. Not all of our Services will necessarily be eligible for purchase using these added funds; please also be aware that Corus reserves the right to modify or discontinue, at any time and without advance notice, your ability to pay for certain Services using the funds you’ve already loaded.
When adding funds to Corus you must choose which specific Corus organization you would like to load the funds to. You may only load funds to a Corus organization that you are already a member of. Funds may not be transferred between Corus organizations once they’ve been loaded.
The monetary value of the funds you add to a Corus organization is not insured or guaranteed by any person or entity. No interest, dividends or any other earnings on funds you add will accrue or be paid or credited to you by Corus. The funds you add are nonrefundable and may not be exchanged for cash or credit balance.
Because Corus user accounts may be associated with multiple Corus organizations, it may be possible to add funds to more than one organization. Please exercise caution when adding funds to an organization that has other members in addition to you: should any other current or future member be granted certain permissions with the organization, they will then have the corresponding ability to spend the funds you’ve added at their own independent discretion.
The ability of users to load and spend funds for a given organization is a permission setting that can be turned on or off for each member of the organization by the organization’s Managing User(s) (by default the creator of an organization is a Managing User, though this can later change as a result of the permissions that are granted to subsequent users who accept invitations to join the organization as members).
In the event any funds you add to an organization are spent by another user in a manner that is inconsistent with your wishes, please be advised that Corus is not liable or responsible for any expenditures that are made on behalf of an organization by any of its legitimate members, regardless of which users(s) loaded the funds, or any other circumstances or considerations.
By logging into the Corus website you can at any time check the balance of your organization(s) and view your transaction history; you can also add funds using a credit card, debit card, or other payment means we may designate, as well as turn on or off an “auto charge” option that allows you to automatically add funds to your account using previously provided payment information whenever your balance reaches a certain minimum threshold.
We reserve the right to correct any balance if we believe that a clerical, billing or accounting error has occurred. Please contact Corus at email@example.com with any questions you have regarding your account balance or adding funds to your account.
For customers who elect to pay for their use of the Services by invoice, the specific instructions needed to make a payment are typically included within each invoice itself; please send payments accordingly. If you need additional information please contact Corus at firstname.lastname@example.org.
Unless otherwise stated, you are responsible for any taxes (other than Corus’ income tax) or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Corus for the Services without any reduction for Taxes.
Unless otherwise stated, any overage fees incurred by you will be billed in arrears on a monthly basis. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due will incur penalty fees of 2% per month, or the maximum permitted by law if less. Failure to pay may also result in your Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
Corus Intellectual Property
Neither these Terms nor your use of the Services grants you ownership of any intellectual property right in our Services or the content you access through the Services (other than your content). These Terms do not grant you any right to use Corus’ trademarks or other brand elements. These Terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Copyright Protection and Other IP Claims
Corus responds to notices of alleged copyright infringement in accordance with the U.S. Digital Millennium Copyright Act (DMCA). If you believe that your work has been exploited in a way that constitutes copyright infringement, you may notify Corus’ agent for claims of copyright infringement by emailing email@example.com.
Corus respects the intellectual property rights of others, and we expect everyone who accesses our Services to do the same. If you believe a Corus user is infringing upon your intellectual property rights, you may report it through our online form. Claims of copyright infringement should follow the DMCA process outlined in these Terms, or any equivalent process available under local law.
Use of Software in Our Services
Some Corus Services require or include downloadable software. This software may update automatically on your device once a new version or feature is available.
Corus gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Corus as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Corus, in the manner permitted by these Terms.
You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Unless authorized by Corus in writing, you may not probe, scan, or test the vulnerability of any Corus system or network. You may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
You may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Corus will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Corus. You may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
Modifying And Terminating Our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop different elements of our Services altogether. Corus may decide to add or create new limits to our Services at any time, though we will endeavor to notify you in advance of any such changes, especially where it will impact our paid Services.
You can stop using our Services at any time, though if you have a paid Subscription with Corus you must continue to make timely payments for every subsequent billing cycle to which you’ve previously agreed. Unless you are a Subscriber to whom Corus has made specific, minimum service-level commitments, Corus may also stop providing Services to you, or may add or create new limits to our Services at any time. Corus will provide you with reasonable prior written notice of any restrictive changes to the Services to give you an opportunity to cancel your Subscription before the change becomes effective.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance, as applicable, to get your content out of that Service.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. While it is in our interest to provide you with a great experience when using the Services, there are certain things that we don’t promise about our Services. We try to keep our online Services up, but they may be unavailable from time to time for various reasons.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER CORUS NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for Our Services
WHEN PERMITTED BY LAW, CORUS, AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND DISTRIBUTORS WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF USE, LOSS OF DATA, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES AND THESE TERMS, AND WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF CORUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT CORUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF ITS SERVICES OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, CORUS WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM OUR WEBSITE OR THROUGH OUR SERVICES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CORUS, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES DURING THE 3 MONTHS PRIOR TO THE EVENT GIVING RISING TO THE LIABILITY.
Business Uses of Our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Corus and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Corus has agreed with you otherwise. You may not use the Services in a way that would subject Corus to those industry-specific regulations without obtaining Corus’ prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with Corus that permits you to do so.
In the interest of resolving disputes between you and Corus in the most expedient and cost effective manner, you and Corus agree that any and all disputes arising in connection with these Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and Corus are each waiving the right to a trial by jury or to participate in a class action. Corus and you will attempt to resolve any dispute, claim, or controversy through informal negotiation within 120 days from the date that any notice of dispute, claim, or controversy is sent. Corus and you shall use reasonable, good faith, efforts to settle any dispute, claim, or controversy through consultation and good faith negotiations. After 120 days, Corus or you may resort to the other alternatives described in this Section. Notwithstanding the foregoing, the notice and 120 day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services.
Except as otherwise specifically set forth below, any dispute, claim, or controversy of any kind between Corus and you arising under these Terms or in connection with your download of, access to, and/or use of the Services, if unresolved through informal discussions within 120 days of receipt of notice, shall be resolved by binding arbitration to be held in the state of Colorado, U.S.A. Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Services shall not be subject to arbitration.
Any arbitration between you and Corus will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express (signature required), or in the event that we do not have a physical address on file for you, we may send notice to you by electronic mail ("Notice").
Corus' address for Notice is: 1567 S Josephine St, Denver, CO 80210. The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 120 days after the Notice is received, you or Corus may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Corus shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any; provided that if our dispute is finally resolved through arbitration in your favor, Corus shall pay you the greater of (i) the amount awarded by the arbitrator, if any, and (ii) the greatest amount offered by Corus in settlement of the dispute prior to the arbitrator’s award.
In the event that you commence arbitration in accordance with these Terms, Corus will reimburse you for your payment of the filing fee, unless your claim is for greater than $10,000, in which case the payment of any fees shall be decided by the AAA Rules. Any arbitration hearings will take place at a location to be agreed upon in Denver, Colorado, provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a non-appearance based telephonic hearing, or by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse Corus for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
The decision of the arbitrator will be in writing and binding and conclusive on Corus and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Corus and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment will be allowed in the arbitration. The arbitrator must follow these Terms and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, Corus and you agree not to seek any attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. Corus and you understand that, absent this mandatory arbitration provision, Corus and you would have the right to sue in court and have a jury trial. Corus and you 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 your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules. You may choose to pursue your claim in small claims court where jurisdiction and venue over Corus and you otherwise qualifies for such small claims court and where your claim does not include a request for any type of equitable relief.
If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Corus and you agree to waive, to the fullest extent allowed by law, any trial by jury.
Class Action Waiver
Please read this section carefully – it may significantly affect your legal rights.
Corus and you agree that Corus and you will resolve any disputes, claims or controversies on an individual basis, and that any claims brought under these Terms in connection with the Services will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. Corus and you further agree that Corus and you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms or in connection with the Services. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in the District of Colorado.
About These Terms
We may modify these Terms or any Additional Terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the Terms regularly. We’ll post notice of modifications to these Terms on this page. We’ll post notice of modified Additional Terms in the applicable Service. Changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms, you should discontinue your use of the Services.
If there is a conflict between these Terms and any Additional Terms, the Additional Terms will control for that conflict.
These Terms control the relationship between Corus and you. They do not create any third party beneficiary rights.
If you do not comply with these Terms, and we don’t take action 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 determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of Terms will remain in full effect.
These Terms, whether interpreted in a court of law or in arbitration, shall be governed by the laws of the State of Colorado, U.S.A., excluding Colorado’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Corus agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Denver, Colorado for the purpose of litigating all such claims or disputes.
How to Contact Us
If you have any questions about these Terms please contact us by emailing firstname.lastname@example.org.