Mobile App Terms

Terms Of Use Application End User License Agreement

This Application End User License Agreement ("License") is an agreement between you and CORA – PREMIER HOLDCO INC ("Premier"). This License governs your use of the application and any and all related documentation, and updates and upgrades that replace or supplement the application in any respect and which are not distributed with a separate license (collectively, the "Application"). This Application is licensed to you, not sold.

You will be required to indicate your agreement to these terms in order to access or download the application or to complete the installation process for the application. By clicking on the "yes" or "I accept" button (or other button or mechanism designed to acknowledge agreement to the terms of this agreement), or by downloading, accessing or installing the application, you are consenting to be bound by this agreement.

Note: this is the only agreement between you and Premier governing your use of the application, and this agreement shall supersede any other terms of use or license agreement that may appear during the installation or downloading of the application.

If you agree to these terms on behalf of a business, you represent and warrant that you have the power and authority to bind that business to this agreement, and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" refer herein to that business.

If you are unwilling to agree to this agreement, or you do not have the right, power and authority to act on behalf of and bind your business, do not click on the button and do not install, download, access, or otherwise use the application and cancel the loading of the application.

1. Limited License Grant and Terms of Use.

A. Grant. Through this purchase and/or download, you are acquiring, and Premier grants you a personal, limited, non-exclusive license to install and use the Application for your non-commercial use on a single, authorized mobile device solely as set forth in this License. Your acquired rights are subject to your compliance with this License. Any commercial use is prohibited. You are expressly prohibited from sub-licensing, renting, leasing, transferring or otherwise distributing the Application or rights to use the Application. The term of your License shall commence on the date that you install or otherwise use the Application and shall end on the earlier of the date that you dispose of the Application or Premier's termination of this License.

B. Restrictions. Your right to use the Application is limited to the license grant above, and you may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Application or any component of it, except as expressly authorized by Premier. Unless expressly authorized by Premier, you are prohibited from making a copy of the Application available on a network where it could be used by multiple users. You are prohibited from making the Application available over a network where it could be downloaded by multiple users. You may not remove or alter Premier's trademarks or logos, or legal notices included in the Application or related assets. Your right to use the Application is also predicated on your compliance with any applicable terms of agreements you have with third parties when using the Application.

C. Reservation of Rights. You have obtained a license to the Application and your rights are subject to this License. Except as expressly licensed to you herein, Premier reserves all right, title and interest in the Application (including all characters, storyline, images, photographs, animations, video, music, text), and all associated copyrights, trademarks, and other intellectual property rights therein. This License is limited to the intellectual property rights of Premier and its licensors in the Application and does not include any rights to other patents or intellectual property. Except to the extent permitted under applicable law, you may not decompile, disassemble, or reverse engineer the Application, or any component thereof, by any means whatsoever. You may not remove, alter, or obscure any product identification, copyright, or other intellectual property notices in the Application. You may not modify or alter the operation, function, or other aspects of the Application. All rights not expressly granted herein are reserved by Premier.

D. Access. You must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. Premier does not guarantee that this Application can be accessed on all devices or wireless service plans. Premier does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. If you're using the Application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third-party charges. In using the Application, you're accepting responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the Application, please be aware that Premier assumes that you have received permission from the bill payer for using the Application. As between you and Premier, YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE.

E. Application Updates. At some point Premier may wish to update the Application. The Application is currently available on Android and iOS via Browser – the requirements for both systems (and for any additional systems to which Premier decides to extend the availability of the Application) may change, and, in such case, you'll need to download the updates if you want to keep using the Application. Premier does not promise that it will always update the Application so that it is relevant to you and/or works with the iOS/Android browser version that you have installed on your device.

However, you agree to accept updates to the Application when offered to you. In addition, you agree that the Application may automatically download and install updates, upgrades and additional features that Premier deems reasonable, beneficial to you and/or reasonably necessary. Premier may also wish to stop providing the Application and may terminate use of it at any time without giving notice of termination to you. Unless Premier tells you otherwise, upon any termination, (1) the rights and licenses granted to you in these terms will end; (2) you must stop using the Application, and (if needed) delete it from your device. You acknowledge and agree that any obligation Premier may have to support the previous version(s) may be ended upon the availability of the update, upgrade and/or implementation of additional features. This License shall apply to any updates, upgrades and/or additional features that are not distributed with a separate license or other agreement.

F. Digital Services. Premier may offer, for purchase add-ons, enhancements etc. which shall modify the operation of the Application (each individually or collectively referred to in this License as "Premier Add-Ons"). The term of your Premier Add-On License starts when you acquire Premier Add-Ons, and subject to this License, ends the earlier of (1) the expiration thereof, as provided upon purchase, which expiration may be a designated date or perpetual; (2) the day that your access to this Application is cancelled, suspended or terminated as set forth in this License.

2. Consent to Use of Data.

To facilitate product support, product development and improvement, as well as provide other services to you, you agree that Premier may use cookies, web beacons and other analytic technologies to collect, use, store and transmit technical and related information regarding your mobile device, IP address, geo-location, device make and model, operating system, software and applications, including application usage data. In addition, Premier and/or third parties may collect, store, use and transmit session data, browser identifiers, connection type, carrier information as well as online and Application usage and other purchase metrics, statistics and/or analytics. Premier may use this information alone and in combination with information you provide to Premier directly (if any) to help Premier develop and improve its products and services, tailor and customize your experience. The servers and equipment on which your data is stored and processed may be owned and operated by third parties with whom Premier has contracted to receive, store and process your personal information. By submitting your personal information through an Application, you agree to the transfer, storage and processing of your personal information as described in this section.

3. Modification.

Premier may make changes to the Application from time to time, and at any time.

4. Termination.

This License is effective until terminated. Premier may terminate this License upon thirty (30) days' prior notice, at any time. Further, your rights under this License will terminate immediately and automatically without any notice from Premier if you fail to comply with any of the terms and conditions of this License. Promptly upon termination, you must cease all use of the Application and destroy all copies of the Application in your possession or control. Termination will not limit any of Premier's other rights or remedies at law or in equity.

5. Disclaimer of Warranties.

To the fullest extent permissible under applicable law, the application is provided to you "as is," with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Premier and Premier's licensors (collectively "Premier" for purposes of this section) do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Premier does not warrant against interference with your enjoyment of the application; that the application will meet your requirements; that operation of the application will be uninterrupted or error-free; that the application will interoperate or be compatible with any other application; that any errors in the application will be corrected; or that the application will be available for reinstalls to the same or multiple devices. No oral or written advice provided by Premier, apple or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

6. Limitation of Liability.

To the fullest extent permissible by applicable law, in no event shall Premier be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer failure or malfunction or any other form of direct or indirect, special, incidental, consequential or punitive damages from any causes of action arising out of or related to this license or the application, whether arising in tort (including negligence), contract, strict liability or otherwise, whether or not Premier has been advised of the possibility of such damage. Some jurisdictions do not allow a limitation of liability for death, personal injury, fraudulent misrepresentations or certain intentional or negligent acts, or violation of specific statutes, or the limitation of incidental or consequential damages, so some or all of the above limitations of liability may not apply to you. In no event shall Premier's total liability to you for all damages (except as required by applicable law) exceed the amount actually paid by you for the application.

7. Limitation of Liability and Disclaimer of Warranties are Material Terms of this License.

You agree that the provisions in this License that limit liability are essential terms of this License.

8. Severability and Survival.

If any provision of this License is illegal or unenforceable under applicable law, the remainder of the provision shall be amended to achieve as closely as possible the effect of the original term and all other provisions of this License shall continue in full force and effect.

9. Injunctive Relief.

You agree that a breach of this License will cause irreparable injury to Premier for which monetary damages would not be an adequate remedy and Premier shall be entitled to seek equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

10. Governing Law.

The law that will apply to any question of interpretation regarding this Agreement, any question of the existence of this Agreement, or a lawsuit arising out of or in connection with this Agreement, and which courts have jurisdiction over any such lawsuit, depend on your country of residence, and to the extent you are represent a business, on your country of incorporation, or organization, as applicable, and will be determined as follows:

11. Export.

Each party agrees to the applicable governing law above, without regard to choice or conflicts of law rules, and to the jurisdiction of the applicable courts above. The parties exclude the operation of the United Nations Convention on Contracts of the International Sale of Goods.

12. Miscellaneous.

You agree to abide by U.S. and other applicable export control laws and agree not to transfer the Application to a foreign national or national destination, which is prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You certify that you are not a person with whom Premier is prohibited from transacting business under applicable law.

13. Supplemental Terms for Apple iPhone, iPod Touch and iPad Users.

This License constitutes the entire agreement between you and Premier with respect to the Application and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless made in writing and signed by Premier. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. In the event of a conflict between this License and any applicable purchase or other terms, the terms of this License shall govern. The headings and subheadings contained herein are inserted for convenience of reference only and shall in no way be construed to be interpretations of terms.

These terms supplement and are in addition to the terms of the License for users who purchase and/or install the Application on Apple, Inc. ("Apple") iPhone, iPod touch and/or iPad products (collectively, "Apple Devices"):

A. Through your purchase, provided that you comply with the terms of this License, you are acquiring and Premier grants you a personal, limited, non-exclusive and non-transferable license to install and use the Application on authorized Apple Device(s) for personal, non commercial use and subject to the Usage Rules set forth in Apple's App Store Terms and Conditions. This License does not entitle you to receive from Premier hard-copy documentation, support, telephone assistance or enhancements or updates to the Application.

B. You agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Application.

C. Apple shall not be responsible for any claims by you or any third party relating to your possession and/or use of the Application, including but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection laws or similar legislation; and (iv) claims by any third party that the Application or your possession and use of the Application infringes on the intellectual property rights of the third party.

D. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and that you are not listed on any U.S. Government list of prohibited or restricted parties.

E. You agree that Apple and Apple's subsidiaries are third party beneficiaries of this License and that upon your acceptance of the terms and conditions of this License, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.