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Terms of Use

Effective Date June 6, 2016

See related: Cureate Privacy Policy

Introduction: Consent to Terms

Please read these Terms of Use before using cureate.co, connect.cureate.co or any features or services offered on or through those websites including, but not limited to, Cureate Connect and content accessed through the websites, including any accompanying links or metadata, social networking features, forums and discussions (collectively, the "Cureate Services"), because it is a contract between visitors and users (collectively, "you," "your") and Cureate, LLC ("Cureate," "we," "our") regarding use of the Cureate Services, which include Cureate Connect. By using any of the Cureate Services, you agree to be bound by these Terms of Use and our Privacy Policy (collectively referred to as the "Governing Documents"). If you do not agree to the provisions of the Governing Documents, please exit the Cureate Services and do not use them or any of their features.

Cureate reserves the right, at its discretion, to modify, add or delete portions of the Governing Documents at any time by posting updated Terms of Use or an updated Privacy Policy on the Cureate Services. Any changes to these Terms of Use will be posted to this page, with an updated Effective Date noted at the top. You are responsible for reviewing these Terms of Use for any changes before using, registering for or accessing our services. Any modifications, additions or deletions shall be immediately effective upon posting. Your continued use of any of the Cureate Services following the posting of updated Governing Documents means that you agree to those changes.

Please note that the Governing Documents are separate and distinct from the terms of use and privacy policies governing the websites, applications, platforms and services of Cureate's partners, sponsors, third-party vendors, contractors, and other sites, applications, platforms and services that may link to or from the Cureate Services.

If there is any inconsistency between the Governing Documents, the Terms of Use shall control. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits to any individual, group, agency, or entity.

Subscriptions, Price Changes, Billing, Late Payments, Chargebacks, Refunds, Payment Methods & Cancellation

The Cureate Services includes Cureate Connect, a food and beverage procurement service that connects individuals and organizations looking to contract with small to mid-size food and beverage companies ("Buyers") with small to mid-size food and beverage companies looking to grow and scale their businesses ("Vendors"). Buyers desiring to use Cureate Connect must have Internet access, purchase a subscription, and provide Cureate with a current, valid and accepted method of payment (as such may be updated from time to time, "Payment Method").

Buyers have a choice of paying their subscription fees on a monthly or annual basis. Fees for monthly subscriptions are due and payable 30 calendar days following the date on the Cureate invoice ("Net 30), which will be distributed in accordance with the billing guidelines below. Fees for annual subscriptions may be eligible for a discount and are due and payable at the time of registration ("Prepaid Annual Fees").

Monthly subscriptions continue on a month-to-month basis, unless and until you cancel the subscription or Cureate terminates it. You must cancel your subscription before it renews each month, in order to avoid being billed for the next month's subscription fees. Annual subscriptions will automatically renew at midnight on the day after the current subscription expires, unless the Buyer cancels it. For example, if your annual subscription expires on May 31, and you do not go into your account to cancel it, a new 12-month subscription will begin at 12:00 a.m. on June 1.

Cureate reserves the right to adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you or a posted announcement on the Cureate Services.

Except for the initial subscription fee payment which is due upon sign up and creation of a Cureate Connect account, Cureate will bill the subscription fees at the beginning of the paying portion of the Buyer's subscription and each month thereafter, unless and until the subscription is cancelled. Several days before payment is due, Cureate will send an invoice to the e-mail address provided in the Buyer's profile. Subscription fees are fully earned upon payment. Cureate reserves the right to change the timing of its billing, in particular, if a Buyer's Payment Method has not successfully settled. In the event a subscription begins on a day not contained in a given month, Cureate may require payment on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Cureate Connect subscription on January 31, your next payment date is likely to be February 28th, and your payment would be due on that date.

You, the Buyer, agree to the payment terms established by Cureate in these Terms of Use. You also hereby acknowledge and agree that you are responsible for payment of all fees and charges incurred by you and anyone with access to your account. Failure to pay any subscription or other fees in accordance with the payment terms set forth by Cureate will result in cancellation of your subscription and your inability to access the Cureate Services.

By registering for and providing or designating a Payment Method, you authorize Cureate to charge, either directly or through a third-party vendor, your designated Payment Method for any and all subscription and other fees that are unpaid 45 calendar days after the date on the Cureate invoice ("Delinquent Invoice Payments) which presents the fees and charges for payment. Such Delinquent Invoice Payments will be automated and charged at the rate for the services in effect at the time the Delinquent Invoice Payment is made.

A $35.00 per response chargeback fee, along with any collection costs and/or cancellation fees in accordance with the above cancellation policy, will be assessed to cover the cost of responding to fraudulent credit card chargebacks. If you submit a chargeback request to the card issuer twice, and the issuer rules in Cureate's favor both times, you agree that the entire amount owed shall become immediately payable and considered non-refundable.

EXCEPT FOR THE 24-HOUR PERIOD IMMEDIATELY FOLLOWING INITIAL SIGN UP, SUBSCRIPTION FEE PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to Cureate Connect through the end of your current billing period. At any time, and for any reason, Cureate may, in its sole discretion provide a refund, discount, or other consideration to some or all of its members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate Cureate to provide credits in the future, under any circumstance.

You may edit your Payment Method information by visiting the Cureate Connect website and clicking on the "Your Account" link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize Cureate to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.

You may cancel your Cureate Connect subscription at any time, and you will continue to have access to Cureate Connect through the end of the month in which the cancellation is requested. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the "Your Account" page on the Cureate Connect website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.

Copyrights

The contents of the Cureate Services are protected by U.S. copyright laws and are owned by or licensed to Cureate, its partners, contractors, or other producers or providers of content to the Cureate Services ("Content Providers"). In the case of User Materials (as defined in the "User Materials" section below), you, the user, license the contents to Cureate. You may not reproduce, distribute, republish, upload, post, email, transmit, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Cureate Services without the prior written consent of Cureate, except as provided in these Terms of Use. All rights not expressly granted in these Terms of Use are reserved to Cureate.

You may use the content and other features of the Cureate Services, and content accessed from them, only as expressly permitted in these Terms of Use. To request permission to use the Cureate Services in a manner different than provided in these Terms of Use, please contact us.

Trademarks

Cureate's names and logos are trademarks or service marks ("marks") of Cureate. All rights in these marks are reserved. You may not use any marks or other logos or graphics, without Cureate's prior written consent. To request permission to use Cureate's marks, please contact us.

User Materials

Users of the Cureate Services may contact us or sign up to use the Cureate Services, create a public profile for their accounts, post requests for proposal (each a "RFP"), bid on RFPs, join our mailing list, share content from our websites on social media, and post, upload, email, transmit and otherwise submit comments, messages, images and information about themselves and their businesses (collectively referred to as "User Materials"). You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by Cureate staff and on the Cureate Services by the general public. You acknowledge that the Cureate Services, including any social networking features, forums, discussions, Contact Us page and other features are for public and not private communications.

Cureate reserve the right to screen, refuse to post, remove or edit User Materials at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so. If we elect to screen User Materials, there may be a delay in the posting of content. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you are the business owner or otherwise have the authority to post the User Materials.

You retain the copyright and other ownership rights in any User Materials that you submit on or through the Cureate Services. However, by submitting User Materials on or through the Cureate Services, you grant Cureate, other Content Providers and their respective licensees a non-exclusive, perpetual, royalty-free, worldwide, transferable license to use, copy, sublicense, modify, transmit, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your User Materials in any and all media formats, channels or platforms, including digital and mobile platforms and formats, whether now known or hereafter devised, without payment and without further notice to you or request for consent. You further grant Cureate the right to contact you in connection with your User Materials and to use your name, city, state and other information that you have provided in connection with the User Materials.

In addition, when you submit any User Materials, you grant each user of the Cureate Services a non-exclusive, royalty-free, worldwide license to access your User Materials on or through the Cureate Services, to use your User Materials pursuant to these Terms of Use. You further agree to the representations and warranties, and indemnification obligations, set forth in the "Representations; Indemnity" section below.

Links to Third-Party Sites, Applications, Platforms and Services

The Cureate Services contain or may contain links to sites, applications, platforms and services maintained by third parties over which Cureate has no control. Cureate does not endorse the content, products or services of such sites, applications, platforms and services, or any of their operators, and Cureate is not responsible or liable for the content, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites, applications, platforms and services. Cureate shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or through such sites, applications, platforms and services.

In some cases, the Cureate Services may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties. You should only use these third-party tools if you agree to their respective terms and policies.

Please be aware that third-party services are unrelated to Cureate, and that your use of any third-party services is subject to the terms and policies of those services. Where applicable, the following provisions may apply: Olark and Stripe. For terms applicable specifically to Olark or Stripe services, applications, or platforms made available on or through the Cureate Services, see their respective Privacy Policies and Terms of Use or User Agreements.

Rules for Using the Services

By using the Cureate Services, including by registering for Cureate Connect, posting RFPs, participating in bids, using social networking features, forums and discussions, and submitting User Materials through the Cureate Services, you agree to the following rules:

  1. You must be at least 18 years of age to submit any User Materials or personally-identifying information on or through the Cureate Services, create a public profile, post RFPs, or bid on RFPs. If you are between the ages of 13 and 18, you may browse the Cureate Services with the consent of your parent or guardian, so long as you do not submit any User Materials. If you are under 13 years of age, please do not send any information about yourself, including your name, address or email address. If we discover that we have collected any personally-identifying information from a child under 13, we will remove that information from our database as soon as possible. If you are a business owner under the age of 18 and want to participate in the bidding process or aspects of the Cureate Services, a parent or guardian age 18 or over must establish an account and interact with the Cureate Services on your behalf.
  2. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. Cureate cannot and will not be liable for any loss or damage arising from your failure to comply with this rule.
  3. You are solely responsible for any User Materials submitted using your account. Cureate does not and cannot review all User Materials submitted by you or others and is not responsible for any User Materials submitted by you or others on or through the Cureate Services. However, Cureate has the right (but not the obligation) to review, screen, delete, edit or move any User Materials that it deems, in its sole discretion, to be in violation of these Rules for Using the Services, these Terms of Use, or for any other reason, as determined in our sole discretion.
  4. You can only use the Cureate Services for the purposes stated. You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk," "duplicates," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation other than an approved RFP. You also may not use the Cureate Services for political campaigning or soliciting support for legislative or other initiatives. Cureate will perform random, periodic reviews of RFPs to ensure compliance with this provision.
  5. You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize Cureate, its officers, directors, employees, assigns, contractors, partners, third-party vendors, and users (to the extent permitted by these Terms of Use) to use and distribute any User Materials submitted by you or through your account.
  6. You may not use the Cureate Services for any illegal purpose including, but not limited to, conspiring to violate the law, stalking or harassing users, or uploading, posting, emailing, transmitting or otherwise making available any content or initiating communications that include information that you have no right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  7. You may not submit any User Materials under a false name or a false email address. You may not impersonate another user or provide any false information about yourself or your business, including but not limited to misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
  8. You may not submit any User Materials or links to material that are libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third-party privacy rights, or that constitute hate speech or a personal attack.
  9. You may not submit any software or other material that contains any virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of Cureate.
  10. You may not interfere with or disrupt the integrity or performance of the Cureate Services, any portion or contents thereof, or related systems or networks, or use the Cureate Services in any way that degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the Cureate Services or related systems or networks.
  11. By submitting any User Materials on or through the Cureate Services, you grant to Cureate, and other Content Providers, their licensees, and users of these sites, applications and platforms and services (to the extent permitted by these Terms of Use) the licenses to use those User Materials as specified in the "User Materials" section of these Terms of Use.

  12. Cureate is not responsible or liable for any User Materials submitted by you or a third party with your permission, including any User Materials, on or through the Cureate Services. Cureate cannot verify the accuracy of statements that users make or place on or through the Cureate Services, and does not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Rules for Using the Services or these Terms of Use.
  13. All information publicly posted or privately transmitted through the Cureate Services is the sole responsibility of the person from which such content originated. Cureate cannot guarantee the identity of any users with whom you may interact in the course of using the Cureate Services.
  14. You acknowledge that Cureate has the right to limit or terminate your, or any other person's, access to or registration in the Cureate Services for any reason, in its sole discretion, including violation of these Rules of Using the Services and these Terms of Use.

Representations: Indemnity

You represent and warrant that (a) if you submit any User Materials or personally-identifying information on or through the Cureate Services, you are at least 18 years of age, (b) that the information contained in your User Materials is true and accurate, (c) that you possess the requisite authority to post RFPs, bid on RFPs, award contracts in connection with RFPs, perform the work required by the RFPs in a professional manner that is standard within the respective industry, (d) you have obtained all clearances, releases, licenses and rights to any User Materials you submit on or through the Cureate Services that may be necessary for their use as contemplated by the Cureate Services and these Terms of Use, (e) there are no encumbrances or restrictions on the User Materials or their use as contemplated by the Cureate Services and these Terms of Use, (f) the User Materials, and their use by Cureate, its Content Providers and their licensees, and users of the Cureate Services (pursuant to these Terms of Use) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, contractual, creative or other rights of any person or entity or these Terms of Use, and (g) your use of the Cureate Services complies with these Terms of Use.

You agree to indemnify and hold harmless Cureate, its Content Providers and their respective officers, directors, employees, partners, and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys' fees, and any direct, indirect, incidental, special, consequential or exemplary damages arising from (1) your breach of any of the above representations and warranties, (2) your use of the Cureate Services, (3) the User Materials you submit on or through the Cureate Services, or (4) Cureate's publication, distribution or use of such User Materials, or the authorized publication, distribution or use of your User Materials by Cureate's Content Providers, licensees, or users of the Cureate Services.

Disclaimer

THE CUREATE SERVICES AND ANY MATERIALS, USER MATERIALS, FEATURES, OPPORTUNITIES OR PRODUCTS AVAILABLE THROUGH THE CUREATE SERVICES ARE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUREATE DOES NOT WARRANT THAT THE CUREATE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CUREATE SERVICES OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICES, OPPORTUNITES, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE CUREATE SERVICES OR THROUGH LINKS ON THE CUREATE SERVICES. CUREATE DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. CUREATE ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. USE OF THE CUREATE SERVICES IS ENTIRELY AT YOUR OWN RISK. ANY BUSINESS TRANSACTIONS WHICH MAY ARISE BETWEEN USERS FROM THEIR USE OF THE CUREATE SERVICES ARE THE SOLE RESPONSIBILITY OF THE USERS INVOLVED.

CONTENT ON THE CUREATE SERVICES IS NOT INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND. IN PARTICULAR, NOTHING CONTAINED IN THE CURATE SERVICES IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR BUSINESS OR FINANCIAL ADVICE. ALWAYS SEEK INDEPENDENT ADVICE OF QUALIFIED BUSINESS AND FINANCIAL ADVISORS WITH ANY QUESTIONS YOU MAY HAVE REGARDING YOUR BUSINESS OR FINANCIAL AFFAIRS.

Limitation of Liability

IN NO EVENT WILL CUREATE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR CONTENT PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE CUREATE SERVICES, (B) RELATING TO ANY CONTENT ON THE CUREATE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD-PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL CUREATE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR CONTENT PROVIDERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100.

Right to Change Cureate Services

Cureate reserves the right to change, terminate or suspend the Cureate Services, any features of the Cureate Services, and any content or materials contained in the Cureate Services, in any way, at any time and for any reason or no reason. We also have the right to require you to cease accessing any features, content or materials of the Cureate Services.

Digital Millennium Copyright Act (DMCA) Notices: Copyright Agent

  1. Cureate respects the intellectual property rights of others. To the best of our knowledge, the content that appears on the Cureate Services does not infringe the copyrights of others.
  2. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Cureate Services, please provide the following information in writing to our Copyright Agent (see 17 U.S.C. § 512(c)(3) for further detail):
  3. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  4. A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Cureate to locate the material, like the site URL of the material.
  5. Information so that we can contact you, such as address, telephone number and electronic mail address.
  6. A statement that you (the complaining party) have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  7. A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that Cureate improperly removed or disabled content or materials you posted, uploaded or submitted to the Cureate Services, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. § 512(g) for further detail):

  1. Your physical or electronic signature.
  2. A description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  3. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  4. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

Cureate's Copyright Agent can be reached as follows:

Kimberly Bryden
990 Florida Ave, NW
Washington, DC 20001
Phone: (908) 642-2309
Email: kim@cureate.co

Only DMCA notices should be sent to this address. Please send other comments or questions by clicking contact us.

International Users

The Cureate Services are intended for individuals and businesses controlled, located, and operated within the United States. Cureate makes no representation that content, materials, opportunities, or products referenced or available on the Cureate Services are appropriate or available for use outside of the United States. If you access the Cureate Services from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.

Miscellaneous

The Governing Documents (these Terms of Use, together with the Privacy Policy) represent the entire agreement and understanding between Cureate and you, the Buyer, visitor to or user of the Cureate Services, regarding the use of the Cureate Services and govern and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the Cureate Services. The Governing Documents are each governed by and construed under the laws of the District of Columbia, without regard to its choice of law rules, and the laws of the United States. To the extent permissible by law, any disputes under the Governing Documents or relating to the Cureate Services shall be litigated in the local or federal courts located in the District of Columbia, and you hereby consent to personal jurisdiction and venue in the District of Columbia. A modification or waiver of a part of either or both of the Governing Documents shall not constitute a waiver or modification of any other portion of either or both of the Governing Documents. If for any reason any provision of either or both of the Governing Documents is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the provisions in either or both the Governing Documents will continue in full force and effect.

Questions

If you have any questions about these Terms of Use, please contact us.

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