Effective Date June 6, 2016
Introduction: Consent to Terms
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.
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.
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.
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.
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.
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.
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:
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.
- 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.
- 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.
- 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.
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.
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
- 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.
- 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):
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- 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.
- Information so that we can contact you, such as address, telephone number and electronic mail address.
- 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.
- 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):
- Your physical or electronic signature.
- 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.
- 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.
- 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:
990 Florida Ave, NW
Washington, DC 20001
Phone: (908) 642-2309
Only DMCA notices should be sent to this address. Please send other comments or questions by clicking contact us.
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.
Featured Product Terms of Service
Effective Date May 5, 2017
This website is operated by Cureate. Throughout the site and these Terms, the words "we", "us", and "our" refer to Cureate. Cureate offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, and/or merchants. "Service" refers, but is not limited to, all ecommerce transactions and related aspects (including featured product hosting) that occur through Cureate and Cureate Connect (herein after known collectively as "Cureate").
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Where these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. Cureate reserves the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Cureate's featured product component is hosted on Stripe. They provide us with the online ecommerce platform that allows Cureate to host its vendors' featured products for sale to consumers.
Section 1 - Online Featured Product Terms
You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of ecommerce-related Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on Cureate and its vendor profiles is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Cureate reserves the right to modify the contents of this site at any time, but has no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our featured product hosting services are subject to change without notice.
Cureate reserves the right at any time to modify the Service (or any part or content thereof) without notice at any time, or discontinue the Service pursuant to Section 16 of these Terms.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Payment and Fulfillment
Cureate's alliance with each vendor for the distribution of the “featured product” will be pre-determined on an individual basis, to address financial obligations, fulfillment, and other aspects of the business relationship not otherwise determined by these Terms of Service. The vendor agrees to be bound by these pre-determined details for the duration of the their relationship with Cureate. Cureate will add a 25% processing fee on the wholesale price, excluding shipping and handling. Cureate will issue payment to Vendor on a Net-15 schedule for all purchases made through the site. Vendor agrees to be wholly responsible for shipping and fulfillment to the consumer for each order placed through Cureate via the featured product component.
Section 6 - Products or Services
We have made every effort to accurately convey the characteristics of your products, including the nature, color, and description, in accordance with your desired description. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of your featured products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Section 7 - Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-party Links
Certain content, products and services available via our Service may include materials from third parties.
Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
Cureate is not liable for any harm or damages related to the transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third party services should be directed to the third party.
Section 9 - Consumer Comments, Feedback, and Other Submissions
You agree that Cureate may, but is not required to, solicit feedback on your products from its consumers for publication on our website and/or on your vendor profile. Cureate is not and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or violates any party’s intellectual property or these Terms of Service.
Consumers, not Cureate, are solely responsible for any comments made and their accuracy. We take no responsibility and assume no liability for any comments submitted by consumers or any third party.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time at our discretion.
In no case shall Cureate, our affiliates, licensors, subsidiaries, partners, officers, directors, agents, contractors, interns and/or employees, and subcontractors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Cureate’s liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend, and hold harmless Cureate and our affiliates, licensors, subsidiaries, partners, officers, directors, agents, contractors, interns and/or employees, and subcontractors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service by notifying us that you no longer wish to use our Services for any reason, or when you cease using our site. Cureate may only terminate these Terms either for cause, or when the cessation of the business relationship is mutually agreed upon by the parties.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement for cause at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or accordingly Cureate may deny you access to our services (or any part thereof). Cause for termination may include, but is not limited to any breach of these Terms of Service, failure to pay Cureate for its services, and/or failure to fulfill a consumer’s purchase in a timely manner.
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against Cureate.
Section 18 - Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Washington, DC.
Section 19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time by contacting Cureate or on our website.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service through direct contact or by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
Questions about the Terms of Service should be sent to us at contact us.