Cora Technologies, LLC
Terms of Service
Updated on January 21, 2022
These terms, conditions, and notices (“Terms”) govern your access to and use of the Cleancode.us website, and any Cora Technologies, LLC (“Cora”) mobile application(s), and related services, information, or communications (collectively, the “Cleancode Platform” or the “Services”).
PLEASE READ THE BINDING ARBITRATION SECTION AND CLASS ACTION WAIVER IN THE DISPUTE RESOLUTION SECTION. IT AFFECTS HOW DISPUTES ARE RESOLVED.
By accessing or using the Cleancode Platform in any manner, you agree to be bound by these Terms. Please read these Terms carefully. If you do not accept all of these Terms, you may not use the Services.
Be sure to return to this page periodically to review the most current version of these Terms. We may modify these Terms or any additional terms that apply to the Cleancode Platform to, for example, reflect changes to the law or changes to the Cleancode Platform. We will notify you about material changes to these Terms by either sending a notice to the email address you provided to us and/or by placing a prominent notice of modifications to these Terms on this page. What constitutes a material change will be determined in our sole discretion. Your continued use of the Cleancode Platform following any changes or revisions to the Terms constitutes your complete and irrevocable acceptance of any and all such changes. If you do not agree to the modified Terms, you should discontinue your use of the Cleancode Platform.
The terms “we”, “us”, “our” and “Cora” refer to Cora Technologies, LLC a Delaware limited liability company. The term “you” refers to the person visiting, subscribing, registering, or otherwise using the Cleancode Platform and/or contributing content on the Cleancode Platform. If you are accessing or using the Cleancode Platform on behalf of a business, that business accepts these Terms, and the term “you” also refers to that business.
The Cleancode Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Cleancode Platform, you represent and warrant that you are of legal age to form a binding contract with Cora and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Cleancode Platform.
Use of the Cleancode Platform
The Cleancode Platform is a web-based two-sided platform which enables facility operators to implement a proper facility management strategy and cleaning industry best practices that prioritize occupant health and safety, including scheduling, tracking, managing and reporting maintenance and cleaning of each managed facility, while providing occupants visibility into such strategy and the ability to share their voice and contribute to the facility management strategy by way of feedback.
As a condition of your use of the Cleancode Platform, you warrant that (i) all information supplied by you on the Cleancode Platform is true, accurate, current, and complete, (ii) if you have a Cleancode Platform account (“Subscriber”), you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, and (iii) you are 18 years of age or older. Cora does not knowingly collect the information of anyone under the age of 18. We retain the right at our sole discretion to deny access to anyone to the Cleancode Platform and the content we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
License and Consent to Use Your Content; Acceptable Use
Please be aware that any submission of feedback, content, materials, or information to the Cleancode Platform (“Feedback”) is at your own risk and that Cora has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Cora a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Cleancode Platform.
If you are an occupant of a facility and interact with the Cleancode Platform to provide Feedback, -please know that the entity managing the facility through the Cleancode Platform may see or use your Feedback that you submit. While Cora may share such Feedback with the entity managing the facility without identifying you by name or username, notwithstanding anything contained herein to the contrary, by submitting Feedback, you hereby expressly permit Cora to identify you by your name or username as the contributor of Feedback in any publication in any form, media, or technology now known or later developed in connection with your Feedback.
In addition, all users of the Cleancode Platform, including Subscribers, must comply with the acceptable use conditions as set forth in our Acceptable Use Policy, which is fully incorporated into these Terms by this reference and will have the same force and effect as if set forth in full here Company Communications.
By accepting these Terms or using the Cleancode Platform, and by providing your telephone numbers and email accounts, you expressly agree and affirmatively consent to receive communications from us, including via e-mail, text message, or calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us may include but are not limited to: operational communications concerning your use of the Cleancode Platform, updates concerning new and existing features on the Cleancode Platform, communications concerning promotions run by us or our third-party partners, and news concerning the Cora and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY UPDATE YOUR PREFERENCES ON THE CLEANCODE PLATFORM. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE CLEANCODE PLATFORM OR RELATED SERVICES.
Liability Disclaimer and Indemnification
THE SERVICES, INFORMATION, CONTENT, SOFTWARE, OR PRODUCTS PUBLISHED ON OR THROUGH THE CLEANCODE PLATFORM MAY INCLUDE INACCURACIES OR ERRORS. Cora DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS, ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO, THE INFORMATION AND DESCRIPTION OF THE SERVICES AND RELATED DETAILS DISPLAYED ON THE CLEANCODE PLATFORM . Cora MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, PRODUCTS, AND/OR SERVICES CONTAINED OR DESCRIBED ON THE CLEANCODE PLATFORM FOR ANY PURPOSE. YOU UNDERSTAND AND AGREE THAT CLEANCODE PLATFORM IS PROVIDED “AS IS” AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND BY Cora, AND Cora HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CLEANCODE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, UNINTERRUPTED OR ERROR-FREE USE OR SERVICE, ERROR CORRECTION, AVAILABILITY, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. Cora DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE CLEANCODE PLATFORM, ITS SERVERS, OR ANY COMMUNICATION SENT FROM Cora OR THE CLEANCODE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Cora (NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY ON, OR USE OF THE CLEANCODE PLATFORM OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THE CLEANCODE PLATFORM (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON INFORMATION OR ANY CONTENT APPEARING ON THE CLEANCODE PLATFORM; ANY COMPUTER VIRUSES, INFORMATION, CONTENT, SUBMISSIONS, SOFTWARE, LINKED SITES, PRODUCTS, AND/OR SERVICES OBTAINED OR ACCESSED THROUGH THE CLEANCODE PLATFORM; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY ON, OR USE OF THE CLEANCODE PLATFORM) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF Cora HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of Cora and you agree that this section represents a reasonable allocation of risk and that Cora would not proceed in the absence of such allocation.
You agree to defend and indemnify Cora and its affiliates and licensees and any of its or their officers, directors, employees, and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, liabilities, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
your breach of these Terms or the documents referenced herein;
your violation of any law or the rights of a third party;
or your use of the Cleancode Platform.
If you are a Subscriber, please be aware that your use of and registration on the Cleancode Platform, is further subject your Subscription Agreement, which will govern in the event of any conflict between these Terms and the Subscription Agreement.
Links to Third-Party Sites
The Cleancode Platform may contain hyperlinks to websites or platforms operated by parties other than Cora. Such hyperlinks are provided for your reference only. We do not control such websites or platforms and are not responsible for their content or the privacy or other practices of such websites or platforms. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, trojan horses, defects, and other items of a destructive nature. Our inclusion of hyperlinks to such websites or platforms does not imply any endorsement of the material on such websites or platforms or any association with their operators.
Software and Licensed Materials Available On The Cleancode Platform
The Cleancode Platform is controlled and operated by Cora from its offices in the State of [state] in the United States. Software used in the operation of the Cleancode Platform (“Software”) is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Cleancode Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any Software or reports, additional licensed content, information, reports, and/or data (individually and collectively, “Licensed Materials”) from Cora made available through the Cleancode Platform, is owned by Cora, and/or its affiliates or licensors, and is protected by copyright and/or trade secret laws and international treaty provisions. Any reproduction, redistribution, or disclosure of the Software and/or Licensed Materials is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE AND/OR LICENSED MATERIALS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED UNLESS OTHERWISE EXPRESSLY AUTHORIZED BY Cora IN WRITING.
Copyright and Trademark Notices
Other logos and product and company names mentioned herein may be the trademarks of their respective owners.
Cora respects the intellectual property of others and expects others to do the same. If you believe, in good faith, that any materials provided on or in connection with the Cleancode Platform infringe upon your copyright, please refer to our Copyright Complaint Policy, which governs our responses to any notice of alleged infringement that complies with the Digital Millennium Copyright Act.
All contents of the Cleancode Platform are: © Copyright 2022 Cora Technologies, LLC. All rights reserved. Cora is not responsible for content on websites, platforms, or mobile applications operated by parties other than Cora. Cora, its logo, and, except as noted below, all other product or service names, logos, or slogans displayed on the Cleancode Platform are registered and/or common law trademarks of Cora or its suppliers or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cora or the applicable trademark holder. In addition, the look and feel of the Cleancode Platform, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Cora and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Cora. All other trademarks, registered trademarks, product names, and company names or logos mentioned in or on the Cleancode Platform are the property of their respective owners. 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 Cora.
Informal Resolution. Subject to the section below titled “Enforcement; Equitable Relief; IP Disputes,” Cora and you agree to try for 60 days to resolve any dispute under or in connection with these Terms (a “Dispute”) informally. If the parties cannot settle any Dispute during this time period, then subject to the section below titled “Enforcement; Equitable Relief; IP Disputes,” the parties agree to enter binding arbitration (as defined in this section), and not to sue in court in front of a judge or jury, and the parties also agree that class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the consent of all parties.
Service of Process and Notice of Dispute. To the fullest extent permitted by applicable law or by any rules of any applicable arbitrators, courts or other tribunals, the parties to these Terms hereby designate each of their respective corporate officers (including the President, CEO, and other C-level executives or equivalents), if applicable, as agents to receive service of process by delivery via a reputable overnight courier to the receiving party’s address on file with the government registry of that party’s jurisdiction of organization or formation. Each party hereby acknowledges and agrees that such service of process shall be adequate and sufficient as if it were made by formal service of process pursuant to applicable laws or rules.
If you wish to raise a Dispute and Cora’s customer service representatives cannot resolve it, a Notice of Dispute should be sent by postal mail to Cora, ATTN: LEGAL DEPARTMENT which includes: your name, address, how to contact your, the problem your wish to raise, and your preferred means of resolution. Cora will do the same if Cora has a dispute with you. After 60 days, subject only to exception set forth in this section, you or Cora may start arbitration in accordance with this section if the dispute is unresolved.
Exclusive Forum and Place of Arbitration. If a Dispute was not resolved through the informal resolution process described above then: (a) such Dispute shall be finally settled in accordance with the Commercial Arbitration Rules of the American Arbitration Association; and (b) any such arbitration shall be conducted in the English language in Montgomery County, Maryland, by a sole arbitrator.
Appointment of Arbitrator. For the purposes of the arbitration, a single arbitrator shall be selected by the parties, in default of which the arbitrator shall be appointed in accordance with the applicable arbitration rules. The arbitrator elected by the parties must be a qualified attorney, solicitor or barrister with at least 15 years of post-qualification practice experience, and also have experience in the fields of software development and distribution and intellectual property disputes (together, the “Requirements”). In appointing an arbitrator, the arbitral tribunal must, as far as possible, have regard to the Requirements.
Limitations. To the extent permitted by applicable law, you must commence arbitration of any Dispute within one year of the date on which the relevant cause of action accrued (or, if later, within one year of the date on which the innocent party ought reasonably to have become aware of such an accrual), otherwise it is permanently barred. The arbitrator shall be bound by the provisions of these Terms and base the decision on applicable law and judicial precedent, shall include in such decision the findings of fact and conclusions of law upon which the decision is based, and shall not grant any remedy or relief that a court could not grant under applicable law. Except to the extent otherwise expressly provided in applicable arbitration rules, the arbitrator's decision shall be final and binding upon the parties, and shall not be subject to appeal.
Enforcement; Equitable Relief; IP Disputes. Notwithstanding anything to the contrary in this Dispute Resolution section: (a) either party may enforce any judgment rendered by the arbitrator in any court of competent jurisdiction; (b) the arbitrator shall have the right to issue equitable relief, including preliminary injunctive relief; (c) Cora shall be entitled to apply to any court of competent jurisdiction for any interim relief; (d) Cora shall be entitled to bring, in any court of competent jurisdiction, at any time, any claim concerning or related to the enforcement or validity of any intellectual property rights (including, for the avoidance of doubt, any trade secrets or confidential information) of Cora or licensors of Cora (an “IP Dispute”); and (e) Cora shall be entitled, upon receipt of any request for arbitration from your under this section, to decline to submit to the jurisdiction of any arbitral tribunal insofar as the request for arbitration relates to any IP Dispute, in which case you may bring the same IP Dispute in any court of competent jurisdiction.
Attorneys’ Fees. The rules of the applicable arbitral tribunal will govern payment of filing fees and the arbitrator’s fees and expenses, but the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.
You agree that no joint venture, agency, partnership, or employment relationship exists between you and Cora and/or affiliates as a result of these Terms or use of the Cleancode Platform. None of the terms of these Terms are enforceable by any persons who are not a party to these Terms.
Our performance under these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of the Cleancode Platform or information provided to, or gathered by, us with respect to such use.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in these Terms shall continue in effect.
These Terms (and any other terms, policies, guidelines, or agreements referenced herein or executed between you and Cora, as applicable, including the Subscription Agreement) constitute the entire agreement between you and Cora with respect to the Cleancode Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Cora with respect to the Cleancode Platform. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
For answers to your questions or ways to contact us, email us at email@example.com