Terms of Service

Welcome to LyfLynks Inc., dba “Chorus” .(“Chorus”, “we”,“us” or “our”)! In accordance with this Agreement,Chorus will establish a Chorus Account for a Caregiver and provide both this Caregiver and Members authorized by this Caregiver with access to the Chorus Platform.

We provide Caregivers and their authorized Members (collectively, “Members”) with access to our Chorus Platform in order to facilitate their coordination of care and support to the Caregiver and the Caregiver’s loved ones residing within a specific household. The Platform, consisting of the Chorus member care center (“Member Care Center”), the Chorus application (the “Chorus App” ), the Caregiver’s Chorus Text Channel as well as other Chorus products, software, services, and web sites (referred to collectively as the “Services”) are subject to these terms and conditions (the “Terms of Service”). THESE TERMS OF SERVICE SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN MEMBERS USE OF THE SERVICES. BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR ENGAGING THE PLATFORM, YOU ARE ACCEPTING THESE TERMS OF SERVICE AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THE TERMS OF SERVICE IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS OF SERVICE, DO NOT ACCESS AND/OR USE THE SERVICES.

Please review the following terms carefully. Members may access the Platform once they have established a Member Profile with Chorus (“Member Profile” )) and accepted the Chorus Terms of Service.

Members use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will be presented for Members acceptance when you sign up to use the supplemental Service. If these Terms of Service are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service and Members use thereof. Once accepted, the Supplemental Terms are incorporated into these Terms of Service.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY Chorus IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Chorus will make a new copy of the Terms of Service available at https://www.chor-us.com/terms-conditions. We will also update the “Last Updated” date at the bottom of the Terms of Service. If we make any material changes, and you are a Member, we will also send an email to you at the last e-mail address you provided to us pursuant to the Terms of Service. Any changes to the Terms of Service will be effective immediately for new users of the Service and will be effective thirty (30) days after posting notice of such changes on the Platform for existing Members, provided that any material changes shall be effective for users who have a Member Profile with us upon the earlier of thirty (30) days after posting notice of such changes on the Platform or thirty (30) days after dispatch of an e-mail notice of such changes to existing Members. Chorus may require you to provide consent to the updated Terms of Service in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services. Otherwise, Members continued use of the Services constitutes Members acceptance of such change(s).

1. MEMBER ELIGIBILITY & PROFILES.

Eligibility. By using the Services, the Member represent and warrant that:

You are at least 18 years old;
You have the right, authority nd capacity to enter into these Terms of Service;
You will abide by all the terms and conditions of these Terms of Service;

Member Profiles. Members will not have access to Members Chorus Text Channel or Platform without the authorization of the Caregiver establishing the Account. Members are assigned a unique user ID. Members promise that all information they provide to us is true, accurate, current and complete, and Members agree to maintain and promptly update such information to keep it true, accurate, current and complete. Members may not transfer or share Members Log-In Credentials, when provided, with any third parties, and agree to remain solely responsible for maintaining the confidentiality of Members Log-In Credentials. Members acknowledge and agree that we rely on Log-In Credentials to know whether users using our Services are authorized to do so. If someone accesses our Services using Members Log-In Credentials, we will rely on the Log-In Credentials and will assume that the associated Member is accessing the Services. Members are solely responsible for any and all use of Members Log-In Credentials and Member Profile and all activities that occur under or in connection with Members Log-In Credentials or Member Profile. Members agree to be responsible for any act or omission of any users that access the Services under Members Log-In Credentials. If You are designated as the Caregiver, subject to Chorus’ then-current limitations, you may invite others to access certain household or service accounts. Members invitees will be required to establish their own Member Profile and agree to these Terms of Service; provided, however, as the Caregiver, You will also remain responsible for any acts or omissions of the Members that you invite to access any household or service accounts. If a Member is creating a Member Profile on behalf of a third party, the Member represents that he or she has the authority to represent such third party and bind the third party to these Terms of Service. For illustration purposes only, if You are creating a Caregiver Member Profile on behalf of a loved one who is seeking care, You represent that Members loved one has provided you with proper authority to act on their behalf and that Members loved one will abide by these Terms of Service.

PARTNER CODE. Chorus has been contracted by other entities to provide their clients, customers or employees (“Group Members”) discounted membership in the Chorus Platform. These Group Members will be provided a Partner Code to be entered into the Chorus app during their enrollment.

Chorus IS A VENUE AND CAREGIVER TOOL. Our Services are designed to connect Caregivers (“Caregivers”) with service providers (“Service Providers”) needed by Caregivers and to assist the Caregiver in keeping track of, coordinating and monitoring the well-being of their loved ones. Chorus does not provide any of the related services, such as companion care or transportation. Chorus is not required to participate in the interaction between Caregivers (or any other Members) and Service Providers except, when applicable, to collect payments from Caregivers. Chorus does not provide any healthcare billing services. You understand and agree that Chorus has no control over and is not responsible for the acts or omissions of any Members or Service Providers. You also understand and agree that Chorus makes no representation or warranty regarding the quality of any services provided by any Service Provider. Chorus is not responsible for the accuracy or reliability of any information provided by any Member or Service Provider. Chorus EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY RELEASE Chorus FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY DAMAGES, SUITS, CLAIMS AND/OR CONTROVERSIES THAT HAVE ARISEN OR MAY ARISE FROM AND/OR IN ANY WAY RELATE TO ANY ACTS OR OMISSIONS OF MEMBERS OR SERVICE PROVIDERS, INCLUDING WITHOUT LIMITATION THE PROVISION OF ANY SERVICES BY ANY SERVICE PROVIDER.

LICENSE. Subject to these Terms of Service, Chorus grants you a non-transferable, non-exclusive, revocable, limited license to (a) utilize the Chorus App and Members Chorus Text Channel on one or more mobile devices or computers or internet web browsers that You own or control, and (b) to use the other aspects of the Services, in each case solely for Members own personal purposes. To the extent the terms of these Terms of Service provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. You and Chorus acknowledge that, in the event of any third-party claim that the Chorus App Sourced Application or Members possession and use of the Chorus App infringes that third party’s intellectual property rights, Chorus, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.

OWNERSHIP. You understand and acknowledge that the software, code, proprietary methods and systems used to provide the Services (“Our Technology”) are: (a) copyrighted by us and/or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Our Technology may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Terms of Service grant You any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Service. Except as expressly provided in Section 4, nothing in these Terms of Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology. Certain of the names, logos, and other materials displayed on the Platform constitute trademarks, tradenames, service marks or logos (“Marks”) of Chorus Inc. or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Service.

RULES REGARDING INFORMATION AND OTHER CONTENT. When You access the Services, You obtain access to various kinds of information and materials, all of which we call “Content.” Content includes information and materials posted through the Services by You and other Members. You are entirely responsible for each individual item of Content that You post, text, email or otherwise make available through the Services. As between You and us, You retain ownership and any intellectual property rights in any copyrighted materials that are contained in Content that You post through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Members copyright and other intellectual property rights related to that Content. You agree that any such Content or any derivative works thereof, may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us, and searched, displayed, printed or otherwise used or exploited by our Visitors and Members. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:

Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;

Violates the privacy, publicity, or other rights of third parties, including other Members;Violates any law, statute, ordinance or regulation, including laws regarding anti-discrimination and false advertising;

Is false or inaccurate or becomes false or inaccurate at any time;

Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;

Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others; Misrepresents Members identity in any way;

Misrepresents Members identity in any way;

Contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

Contains any advertising or solicitation;

Advocates or encourages any illegal activity; or

Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.

Though we strive to enforce these rules with all of our Members, and our other customers, You may be exposed through the Services to Content that violates our policies or is otherwise offensive. You access the Services at Members' own risk. We may, but are not obligated to, delete Member Profiles and/or remove Content from the Services if we determine or suspect that those Member Profiles or Content violate the terms of these Terms of Service or the applicable agreement with the offending Member(s). We take no responsibility for Members' exposure to Content through the Services whether it violates our content policies or not.

During your subscription and use of the Chorus Platform you may inadvertently or purposefully disclose certain protected health information to Chorus. This information may include demographic information and information regarding your or your Account Members (i) past, present, or future physical or mental health condition; (ii) the provision of health care to you or your Account Members; or (iii) the past, present or future payment for the provision of health care to you or your Account Members. In accordance with the provisions of the Health Insurance Portability and Accountability Act (HIPAA), You expressly grant permission to Chorus to disclose such protected health information in order to assist with your or your care recipient’s healthcare. This authorization will remain in effect for the duration of your subscription. In addition, you may revoke this authorization at any time by expressly notifying Chorus. You understand that by granting this authorization, the person who obtains this information may disclose it to other individuals with or without your consent and in so doing, the information would no longer be protected under HIPAA.

GENERAL RULES OF CONDUCT. It is our goal to make access to our Services a good experience for Visitors and all of our Members. Correspondence between Members is for the sole purpose of connecting Caregivers, Service Providers and other Members for purposes keeping track of, coordinating and monitoring the well-being of the Caregiver’s loved one. If You receive the personal information of any other Member through the use of the Services, You may use the information solely as necessary to conduct a transaction through the Services. You may not use another Member’s personal information for any other purpose. You agree not to, and represent and warrant that You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services for any purposes other than for which the Services are being provided to You, or do any of the following:

Recruit, solicit or contact any Member for employment or contracting for a business not affiliated with Chorus;

Contact other Members for any purpose other than as set forth in this Terms of Service;

Harass, intimidate or otherwise engage in illegal or offensive behavior with respect to any other Member;

Conduct or promote any illegal activities while using the Services;

Upload, distribute or print anything that may be harmful to minors;

Attempt to reverse engineer or jeopardize the correct functioning of the Services, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Services;

Attempt to gain access to secured portions of the Services to which You do not possess access rights;

Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;

Use the Services to generate unsolicited email advertisements or spam; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam);

Use the Services to stalk, harass or harm another individual;

Use any high volume automatic, electronic or manual process to access, search or harvest information from the Services (including without limitation robots, spiders or scripts);

Interfere in any way with the proper functioning of the Services or interfere with or disrupt any servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Platform or the App or the Content contained on any such web page for commercial use without our prior express written permission; and Chorus reserves the right, in its sole discretion, to terminate Members use of the Services;

Impersonate any person or entity, or otherwise misrepresent Members affiliation with a person or entity; or

Mirror or frame the Platform or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.

NON DISCRIMINATORY. Chorus is committed to serving all clients, their caregivers and family members, regardless of race, ethnicity, sex, age, religion, national origin, mental or physical ability, sexual orientation, gender identity and expression, ancestry, military discharge status, marital status, source of income, housing status or other protected classification.

10.

MEMBER PRIVACY POLICY. Chorus. is . committed to protecting and respecting Members' privacy. Chorus will adhere to its Privacy Policy available for viewing at https://www.chor-us.com/privacy-policy. This Privacy Policy describes what kinds of data we may collect, how we collect it, how we use it, with whom we may share it, and what rights you have concerning it (the “Information”). This Privacy Policy is incorporated by reference to this Terms of Service By accessing and using the Platform, you agree that you have read and understand this Privacy Policy and you accept and consent to the privacy practices (and any uses and disclosures of Information) that are described in this Privacy Policy.

11.

MEMBERSHIP SUBSCRIPTION FEE: Chorus is paid a subscription fee for each enrolled Caregiver Chorus Account Access to the Platform and our Services including the Member Care Center and App, are available to Members authorized on a Chorus Account on a subscription fee basis. (“Membership Subscription Fee”) (one fee per Chorus Account) (Up to 5 authorized Members and one Caregiver per Chorus Account)

SPONSORED PLAN: Subscription Fees for the Services may be paid either in whole or in part under a sponsored plan. Caregivers who provide a valid Partner Code during enrollment hereby authorize Chorus to charge their credit card for any subscription fee, if any, not paid by their Sponsor in accordance with the current Sponsored plan.

PAYROLL DEDUCTION: Those enrollees sponsored by their employer who provide a valid Partner Code during enrollment hereby authorize the Employer to withhold from wages the total amount of the then current applicable discounted employer sponsored membership fee in accordance with the membership plan selected. Should Caregiver's employment terminate, he or she will be provided an opportunity to convert to a non-employer sponsored plan within sixty (60) days of such event.

12.

SUBSCRIPTION PERIOD: Membership Subscriptions will be automatically extended for successive renewal periods of the same duration in accordance with the terms of their Sponsored Plan. CAREGIVER AGREES THAT THE TERM OF MEMBERSHIP WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH TERM UNLESS AND UNTIL CANCELED BY YOU PRIOR TO THE END OF THE CURRENT TERM BY CALLING Chorus AT 1-888-769-5870 OR TEXTING OR DESIGNATING MEMBERS DEACTIVATION REQUEST VIA THE CHORUS APP. UNDER THE MEMBER PROFILE ACCOUNT SETTINGS. Upon automatic renewal, you authorize Chorus to charge Payor credit card or Members employer to deduct from Members wages the then current applicable fee in accordance with the membership plan you selected. Upon cancellation, you will have access to the membership benefits until the end of the then-current membership term, and the membership will not be renewed after that term expires. You will not be eligible for a refund of any portion of the membership fees paid for the then-current membership period. Chorus is not responsible for and will not reimburse any fees incurred by you from Members bank or other financial institution, including without limitation overdraft charges, insufficient funds charges, interest charges, or finance charges, which may have occurred as a result of charges billed by Chorus.

13.

NO CLAIM SUBMISSIONS. For purposes of clarity, the Services provided by Chorus to Caregiver do not include any services related to submitting claims for reimbursement from any third party payer.

14.

PAYOR DESIGNATION AND PROCESSING: The Caregiver initializing the Caregiver Chorus Account is automatically designated as PAYOR for the Account. The Caregiver may assign the PAYOR role to an authorized Member on their Chorus Account. The PAYOR is responsible for and must provide a credit card associated with the Chorus Account. The PAYOR agrees to pay Chorus for any Member Subscription Fee balance and for any 3rd party service fees arranged and paid through the Chorus Account.

15.

3RD PARTY PROCESSING. Chorus may use third party payment processing services to process credit card or bank information. Chorus expressly disclaims any and all liability for any claims or damages related to Chorus use of third party payment processing services, including without limitation any damage that may result should any such information be released to any third parties.

16.

TEXT MESSAGES. Chorus Chorus platform utilizes Short Message Service (“SMS”) text messaging in connection with the Services. You give Chorus express permission to send SMS text messages to Members cellular phone and/or mobile device. Additionally, You do hereby represent, understand and expressly agree that Chorus does not have control over or assume any responsibility for the quality, accuracy, or reliability of the SMS Service. Carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs You incur when receiving SMS text messages from Chorus.

17.

MEMBER CARE CENTER. Chorus Members may use the Member Care Center designed to facilitate communication between Caregivers and their families with Service Providers and other Members that the Caregiver wishes to share information with, such as their healthcare providers. Members use of the Member Care Center is governed by this Agreement.

18.

NO PROFESSIONAL ADVICE. All information, materials, content and/or advice provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. Chorus expressly disclaims, and You expressly release Chorus from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided through the Services. You should consult with an appropriately trained specialist for all concerns that require professional or medical advice.

19.

THIRD PARTY CONTENT AND OTHER WEBSITES. CONTENT FROM OTHER MEMBERS, ADVERTISERS, AND OTHER THIRD PARTIES MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES. BECAUSE WE DO NOT CONTROL SUCH CONTENT, YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH CONTENT. WE DO NOT MAKE ANY GUARANTEES ABOUT THE ACCURACY, CURRENCY, SUITABILITY, OR QUALITY OF THE INFORMATION IN SUCH CONTENT, AND WE ASSUME NO RESPONSIBILITY FOR UNINTENDED, OBJECTIONABLE, INACCURATE, MISLEADING, OR UNLAWFUL CONTENT MADE AVAILABLE BY OTHER MEMBERS, ADVERTISERS, AND OTHER THIRD PARTIES OR VIOLATION OF ANY THIRD PARTY RIGHTS RELATED TO SUCH CONTENT. THE SERVICES MAY CONTAIN LINKS TO WEBSITES NOT OPERATED BY US. WE ARE NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, MATERIALS, OR PRACTICES (INCLUDING PRIVACY PRACTICES) OF SUCH WEBSITES. YOU UNDERSTAND THAT BY USING THE SERVICES YOU MAY BE EXPOSED TO THIRD-PARTY WEBSITES THAT YOU FIND OFFENSIVE, INDECENT OR OTHERWISE OBJECTIONABLE. WE MAKE NO WARRANTY, REPRESENTATION, ENDORSEMENT, OR GUARANTEE REGARDING, AND ACCEPT NO RESPONSIBILITY FOR, THE QUALITY, CONTENT, NATURE OR RELIABILITY OF THIRD PARTY WEBSITES, PRODUCTS OR SERVICES ACCESSIBLE BY HYPERLINK OR OTHERWISE FROM THE SERVICES. WE PROVIDE THESE LINKS FOR Members CONVENIENCE ONLY AND WE DO NOT CONTROL SUCH WEBSITES. OUR INCLUSION OF LINKS TO SUCH WEBSITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIALS ON SUCH THIRD PARTY WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS. IT IS Members RESPONSIBILITY TO REVIEW THE PRIVACY POLICIES AND TERMS OF USE OF ANY OTHER WEBSITE YOU VISIT. YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE TO YOU IN CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY, INCLUDING OTHER MEMBERS.

20.

SUSPENSION/TERMINATION. You agree that we, in our sole discretion, may immediately suspend or terminate Members access to the Services at any time, for any reason, without notice or refund. YOU AGREE THAT Chorus WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION OR TERMINATION OF Members ACCESS TO THE SERVICES OR DELETION OF Members MEMBER PROFILE OR Members CONTENT. SUSPENSION OR TERMINATION OF Members MEMBER PROFILE WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED THROUGH Members USE OF ANY SERVICES, WHETHER SUCH OBLIGATION IS TO Chorus OR A THIRD PARTY

21.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT Members USE OF THE SERVICES IS AT Members SOLE RISK. THE SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET MEMBERS REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT Members OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO Members COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH SERVICES OR OTHERWISE WILL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT PROTECTION OF Members DATA NOR GUARANTEE DATA AVAILABILITY WHATSOEVER. YOU BEAR THE SOLE RESPONSIBILITY AND LIABILITY FOR MAINTAINING BACKUP OR ARCHIVE COPIES OF Members DATA AND/OR SUBMISSIONS TO THE SERVICES.

22.

LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO Members USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR SERVICE PROVIDERS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT OR SERVICE PROVIDER SITES OR ANY OTHER SITE LINKED TO OUR SITE OR SERVICES. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER OR SERVICE PROVIDER. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, Members SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES IS LIMITED, IN THE AGGREGATE, TO THE MEMBERSHIP FEES PAID BY YOU TO Chorus DURING THE PREVIOUS TWELVE (12) MONTHS. THE FOREGOING LIMITATIONS ON LIABILITY SHALL NOT APPLY TO LIABILITY OF Chorus FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR FOR (B) ANY INJURY CAUSED BY ITS FRAUD OR FRAUDULENT MISREPRESENTATION. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Chorus AND YOU. YOU ARE SOLELY RESPONSIBLE FOR ALL OF Members COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND SERVICE PROVIDERS. YOU UNDERSTAND THAT Chorus DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF MEMBERS OR SERVICE PROVIDERS EXCEPT AS EXPRESSLY STATED HEREIN. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR, OR TAKE ANY APPROPRIATE ACTION REGARDING, DISPUTES THAT YOU MAY HAVE WITH MEMBERS, SERVICE PROVIDERS OR OTHER CUSTOMERS. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.

23.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Chorus Inc., our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and court costs) that such parties may incur as a result of or arising from (a) any of Members Content and/or information that You submit, post or transmit through the Services, (b) Members use of the Services, (c) Members violation of these Terms of Service, (d) Members violation of any rights of any other person or entity or (e) any viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines input by You into the Services. This provision does not require you to indemnify any of such parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with any Services provided hereunder. You agree that the provisions in this Section will survive any termination of Members Member Profile, these Terms and/or Members access to the Services.

24.

COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Members work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that You claim has been infringed;

A description of where the material that You claim is infringing is located on the Services;

Members 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; and

A statement by You, made under penalty of perjury, that the above information in Members notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on the Services can be reached by directing an email to dave.vetal@chor-us.com.

25.

ELECTRONIC COMMUNICATIONS. The communications between You and us use electronic means, whether You utilize the Chorus App, visit the Platform or send us emails, or whether we post notices on the Service or communicate with You via the Chorus App or email. We can only give You the benefits of our service by conducting business through the Internet, and therefore we need You to consent to our giving You communications electronically. Section 15 informs You of Members rights when receiving Communications from us electronically. For contractual purposes, You (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to You electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing. Members consent to receive Communications and do business electronically, and our agreement to do so, applies to all of Members interactions and transactions with us. The foregoing does not affect Members' non-waivable rights. You may also receive a copy of these Terms of Service by accessing this Platform. You may withdraw Members consent to receive Communications electronically by contacting us in the manner described below. If You withdraw Members consent, from that time forward, You must stop using the Services. The withdrawal of Members consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time You withdraw Members consent. Please keep us informed of any changes in Members email or mailing address so that You continue to receive all Communications without interruption.

26.

NO THIRD PARTY BENEFICIARIES. You understand and agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.

27.

NO AFFILIATION. You acknowledge that You are not legally affiliated with Chorus in any way, and no independent contractor, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by Members use of the Services or by these Terms of Service.

28.

GENERAL TERMS. You are responsible for compliance with all applicable laws. The Terms of Service and the relationship between You and Chorus will be governed by the laws of the State of Delaware, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. Any legal action, suit or proceeding arising out of or relating to the Terms of Service, or Members use of the Services must be instituted exclusively in the federal or state courts located in the State of Maryland and in no other jurisdiction. You further consent to exclusive personal jurisdiction and venue in, and agree to service of process issued or authorized by, any such court. These Terms of Service are personal to You, and You may not transfer, assign or delegate Members right and/or duties under these Terms of Service to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of Members obligations hereunder. The paragraph headings in these Terms of Service, shown in boldface type, are included only to help make these Terms of Service easier to read and have no binding effect. Any delay or failure by Chorus to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Service, together with any applicable Supplemental Terms, constitute the complete and exclusive agreement between You and Chorus Inc. with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service, or portion thereof, to be unenforceable, that provision of the Terms of Service will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Service will continue in full force and effect.

29.

SURVIVAL. All provisions that by their nature survive expiration or termination of these Terms of Service shall so survive, including without limitation, Section 21, Section 22, all limitations on liability explicitly set forth herein and our proprietary rights in and to the Content provided by us, Our Technology and the Services.

Button

Terms of Service

support@chor-us.com

Talk to a real person: 1-888-769-5870