Effective Date: May 10, 2024
Last Updated: May 10, 2024
Terms of Service
Your access to and the use of Coreys NYC Bagel Deli website and/or Mobile Application is subject to the following terms and conditions, "Terms", as well as all applicable laws. In consideration for making our website and Mobile Application available to you, you agree to comply by these Terms, whether or not you are a registered user.
However for those who register for communications by text or e-mail, or who register for online accounts, or provide information to order food, gift cards, or merchandise as a guest (“Registered Users”) these terms also include an agreement to resolve all disputes only one-on-one, in arbitration (no court trial, no jury trial, no class actions).
There are sections of Coreys NYC Bagel Deli website and Mobile Application that may connect you to other websites outside of the control of Coreys NYC Bagel Deli website. These Terms apply ONLY to web pages that are part of Coreys NYC Bagel Deli website and/or Mobile Application.
Registration
Certain portions of Coreys NYC Bagel Deli website and Mobile Application are limited to registered users, and/or may allow a user to request support/services online by entering personal information. When users register with our website or purchase something from us, they will be provided a link to these Terms and asked to agree to comply with them. When you provide us with information, you agree that any personal information provided to us is complete and accurate. Also, you agree not to register under the name of, nor attempt to enter the website or Mobile Application under the name of, another person, and you will not adopt a user name that Coreys NYC Bagel Deli, in its sole discretion, deems offensive. Please note that any personally identifiable information that you provide to us will be subject to, and protected under, our Privacy Policy. Please read our privacy policy
Your Account
If you use the Coreys NYC Bagel Deli mobile application and/or website, you are responsible for taking reasonable steps to maintain the confidentiality of your account and password and to restrict access to your computer and/or device. To the fullest extent allowed by law, you agree to accept responsibility for all activities that occur under your Coreys NYC Bagel Deli account or password. If you believe that another person has accessed or used your Coreys NYC Bagel Deli account, you agree to notify us right away. The Coreys NYC Bagel Deli mobile application and website sells products to adults, who can purchase with a credit card.
User Opt-In
The SMS/MMS MOBILE MESSAGE MARKETING PROGRAM allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method, you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive auto-dialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
User Opt-Out
If you do not wish to continue participating in the SMS/MMS MOBILE MESSAGE MARKETING PROGRAM or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Coreys NYC Bagel Deli and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
SMS/MMS MOBILE MESSAGE MARKETING PROGRam Description
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery, and sale of products and services.Messages may include checkout reminders.
Cost and Frequency
Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions
For support regarding the Program, text “HELP” to the number you received messages from. Opt-outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with a text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text-messaging instructions.
If You Are Under 18 Years of Age
If you are under 18, only use the Coreys NYC Bagel Deli mobile application and/or website with involvement of a parent or guardian. Coreys NYC Bagel Deli and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you have already paid for any canceled order, you will be reimbursed.
If You Are Under 13 Years of Age
IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT USE THE Coreys NYC Bagel Deli mobile application and/or website
Access to the Coreys NYC Bagel Deli website and mobile application
Coreys NYC Bagel Deli hereby grants you permission to use the website and mobile application as set forth in these Terms, provided that: (i) your use of the website and mobile application as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the website and/or mobile application in any medium without Coreys NYC Bagel Deli prior written authorization; (iii) you will not alter or modify any part of the website and/or mobile application other than as may be reasonably necessary to use the website and mobile application for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the website and/or mobile application in a manner that sends more request messages to the Coreys NYC Bagel Deli servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser or mobile device. You agree not to collect or harvest any personally identifiable information for purposes of any commercial solicitation, including account names, from the website, or mobile application, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions.
Conduct
You agree to access and use Coreys NYC Bagel Deli website and/or mobile application for lawful purposes, ONLY. By accessing Coreys NYC Bagel Deli website and/or mobile application, you agree that you will NOT knowingly, recklessly, or negligently:
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Use The Coreys NYC Bagel Deli website or mobile application to commit a criminal offense, or to encourage others to conduct acts that would constitute a criminal offense or give rise to civil liability;
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Post (or transmit) any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, or otherwise objectionable content;
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Use the website or mobile application to impersonate other parties or entities;
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Use the website or mobile application to upload any content that contains a software virus, such as a Trojan Horse or any other computer codes, files, or programs that may alter, damage, or interrupt the daily function of the website or mobile application (or the hardware/software of any other person who may access the website or mobile application);
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Upload, post, e-mail, or otherwise transmit any materials, that you do not have the right to transmit under any law (or under any contractual relationship);
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Alter, damage, or delete any content posted on the website or mobile application;
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Disrupt the website's or mobile application’s normal functionality in any way;
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Claim a relationship with or speak for Coreys NYC Bagel Deli or affiliates;
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Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
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Post any material that infringes (or violates) the intellectual rights of others; or
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Collect (or store) personal information about others.
Termination of Use
Coreys NYC Bagel Deli may (in its sole discretion) suspend/terminate your access to or use of Coreys NYC Bagel Deli website and/or mobile application without notification for any violation of these Terms, or for other conduct that Coreys NYC Bagel Deli deems is harmful/unlawful to others. Note: In the event of termination, you are no longer authorized to access Coreys NYC Bagel Deli website and/or mobile application.
Other Site Links
There may be links on Coreys NYC Bagel Deli website and/or mobile application that lead to websites not maintained/operated by Coreys NYC Bagel Deli ("Links"). Coreys NYC Bagel Deli does not control the websites referenced by these Links, nor do we review the content of those websites. Coreys NYC Bagel Deli provides these outside Links to users for their convenience. The listing of Links is not an endorsement of information, products, or services, and does not imply a direct association between Coreys NYC Bagel Deli and the operators of the Links.
Policy on Spamming
You specifically agree NOT to utilize e-mail addresses obtained by browsing through Coreys NYC Bagel Deli website or mobile application to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day. Also, you agree NOT to transmit the same or substantially similar unsolicited message to 20 or more recipients in a single week (seven consecutive days), unless it is required for legitimate business purposes. Note: Coreys NYC Bagel Deli (in its sole and exclusive discretion) will determine violations of limitations on e-mail usage set forth in these Terms.
Content
Coreys NYC Bagel Deli has the right to monitor any content that you post to the Coreys NYC Bagel Deli mobile application and/or website, or that you send through the mobile application and/or website. We reserve the right to delete, move, and/or edit any postings that come to our attention, which we consider to be unacceptable or inappropriate whether for legal or other reasons. Note: The United States and foreign copyright laws, as well as international conventions, protect the contents of Coreys NYC Bagel Deli mobile application and website. (You have agreed to abide by all copyright notices by entering and using Coreys NYC Bagel Deli mobile application and website)
Indemnity
You agree to defend, indemnify, and hold harmless Coreys NYC Bagel Deli (and its owner/operators and employees) from any and all liabilities and costs incurred by us or our employees in connection with any claim arising from any breach by you of these Terms, including reasonable attorney's fees and costs. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. Coreys NYC Bagel Deli reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter without the written consent of Coreys NYC Bagel Deli. The terms of this duty to defend, indemnity, and hold harmless are subject to any defense you may have as a matter of law. This duty does not include any liabilities or costs which arise as a result of intentional wrongdoing, recklessness, or negligence on the part of the indemnified parties.
Mobile Application and Website Provided Voluntarily
Coreys NYC Bagel Deli provides our website and mobile application at no charge to you. Coreys NYC Bagel Deli can choose to discontinue or change the content and function of our website and/or mobile application at any time. You agree not to rely on Coreys NYC Bagel Deli to continue to provide the website and/or mobile application, in this form or at all. Changes to the website and/or mobile application will not affect the economic terms of any pending transaction.
Acceptance of Service
The mobile application website is controlled and offered by Coreys NYC Bagel Deli from its facilities in the United States of America. Coreys NYC Bagel Deli makes no representations that the Coreys NYC Bagel Deli mobile application and/or website is appropriate or available for use in other locations. Those who access or use the Coreys NYC Bagel Deli mobile application and/or website from other jurisdictions do so at their own volition and are responsible for compliance with the laws of their home jurisdictions.
Modification of Terms of Use
Coreys NYC Bagel Deli reserves the right to modify or supplement these Terms at any time. If we make any material changes to these Terms, we will post a notice about the change at a prominent location on our web site. If you continue to use the mobile application and/or the website after reasonable notice of these changes, you accept the modifications to the Terms.
Mandatory Dispute Resolution for Registered Users (Individual Arbitration; No Court Trial; No Jury; No Class Action)
Claims
Any legal or equitable dispute between you and Coreys NYC Bagel Deli relating in any way to our mobile application and/or our Website is a “Claim”. For example, Claims can arise under federal or state law. Claims can assert violations of statute, breach of contract, torts, frauds, or misrepresentations. Those are just examples. Any dispute which could form the basis of a legal Complaint in a courtroom is a Claim.
Excepted Claims
Individual claims that can be brought and completely resolved in small claims court and/or claims related to the ownership of Coreys NYC Bagel Deli intellectual property are “Excepted Claims”.
Covered Claims
All Claims, other than Excepted Claims, are Covered Claims.
AAA as Arbitrator
You and we agree to mandatory, binding arbitration of Covered Claims by the American Arbitration Association (“AAA”). More information about AAA can be found at https://www.adr.org/Arbitration. Any arbitration must be filed with AAA at https://www.adr.org/Support or by such means as AAA shall make available. All issues are for AAA to decide, except that disputes relating to the scope, application, and enforceability of these Mandatory Dispute Resolution Terms are for a Court to decide (if you and we cannot agree).
Rules to Apply
AAA will adjudicate the Covered Claims in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes.
No Class Actions
You and we agree not to bring or participate in any class action regarding a Claim. You and we agree that AAA only has authorization to conduct arbitration of Covered Claims on an individual basis. You and we do not give AAA permission to arbitrate Your claim in conjunction with any Claim asserted by anyone else.
Substitute Arbitrator
In the event that AAA cannot or will not perform arbitration in accordance with the provisions of this agreement, either (a) the parties may agree to another arbitrator or, if no such agreement is had, (b) a court shall appoint one according to the provisions of the Federal Arbitration Act, 9 U.S. Code § 5.
