Last Revised: November 17, 2022

This website (“the Site”) is owned and operated by Surface Travel, Inc. dba Curacity (“Company,” “we,’ “us” or “our”). These terms of use (“Terms of Use”) set forth the terms and conditions governing your use of all websites (including this Site), mobile applications, information, content, goods, and services offered by Company (collectively, the “Services”). Please review these Terms of Use carefully. By accessing or using the  Services, you signify that you have read, understand and agree to be legally bound by these Terms of Use, as amended from time to time. By accessing or using the Services, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not use the Services.

Certain areas, features, or functionality of the Site may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature, or functionality. For example, influencers that have contracted with Curacity to render services in connection with the Curacity Hotel Affiliate Social Media Amplification Program (the “Program”) are also required to agree to the Curacity Social Terms & Conditions, found here [hyperlink]. From time to time, Additional Rules may conflict with these Terms of Use. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms of Use” in this agreement includes the Additional Rules. 

IMPORTANT NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

PRIVACY PRACTICES

We respect your privacy and have taken specific steps to protect it. By using the Services, you may be required to provide information about yourself. Personal information you submit to Company or that we may collect in the course of your use of this Site is governed by our Privacy Policy

CHANGES TO THESE TERMS OF USE

We reserve the right, at our discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notice. If we do this, we will post the changes to these Terms of Use on this page and update the “Last Revised” date above. In our sole discretion, we may also choose to provide notice of updates to these Terms by other means that we deem reasonable, such as an email to users on file and/or a posting on the Site.  However, regardless of any such additional notice (or lack thereof), your continued use of the Services after the posting of any revisions to these Terms of Use and a updated “Last Revised” date signifies your acceptance of the revised Terms of Use. 

USER ELIGIBILITY

By using the Services, you represent and warrant that (i) you are age eighteen (18) or older (or above the age of majority in your jurisdiction of residence (whichever is greater), (ii) you possess the legal authority to create a binding legal obligation; and (iii) you agree to abide by all of the terms and conditions of these Terms of Use.

ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Services, you may need to create an account. You agree to provide truthful and accurate information when submitting information to Curacity. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Services. You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT

Some features of our Services, either now or in the future, may allow you to post or submit communications and content (“Your Content”). You own any intellectual property rights to Your Content, but you automatically grant, or warrant that you and/or the owner of such content has expressly granted Company a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display Your Content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. 

Notwithstanding the foregoing paragraph, if you are an influencer that has contracted with Curacity to render services in connection with the Curacity Hotel Affiliate Social Media Amplification Program (the “Program”), the intellectual property in and to content that you create in connection with the Program shall be governed by the relevant provisions of the Curacity Social Terms & Conditions, found here [hyperlink]. 

NON-CONFIDENTIALITY 

 Your Content shall not be deemed confidential and Company shall not have any obligation to keep any such material confidential. Company shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information. 

GENERAL USER CONDUCT

You understand that the  Services are available for your personal use only. You further agree not to use the  Services in any manner that:

  • Is designed to interrupt, destroy or limit the functionality of, any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
  • Interferes with or disrupts the Services , any services connected to the Services, or otherwise interferes with operations of the Services in any way;
  • Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  • Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Causes Company to lose (in whole or in part) the services of its Internet service providers or other suppliers;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Company in its sole discretion;
  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Services or any portion thereof;
  • Violates, or encourages anyone to violate these Terms of Use, any ancillary terms and conditions listed on the Services, or the Privacy Policy; or
  • Violates, or encourages to violate, any applicable local, state, national, or international law, regulation, or order.

You agree that Curacity shall have the right—but not the obligation—to monitor, evaluate, and analyze any use of and access to the Services and/or and to remove any of Your Content from the Services, for any reason, including to determine and/or address non-compliance with these Terms.

Company reserves the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual harmful or illegal activities involving the Services.

NO FRAMING

Without the prior written permission of Company, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Services, or incorporate any intellectual property of the Services, Company or any of its licensors into another website or other service.

CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use of copyrighted material on our Site, please contact our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your message, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: [insert physical address] (mail); [insert phone number] (telephone); [insert email] (email).

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed 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 us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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; and;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Site, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has 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 from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers. 

TERMINATION AND MODIFICATION OF THESE TERMS AND THE SERVICES

We shall have the right to immediately terminate these Terms of Use with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms of Use. The following provisions shall survive any termination of these Terms: This section; the sections YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT, PROPRIETARY RIGHTS IN THE SERVICES, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE, INDEMNITY, CHOICE OF LAW AND FORUM, and GENERAL; as well as any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms. 

More generally, we reserve the right, at our sole discretion and at any time, to immediately modify or discontinue the Services (or any part thereof), on a temporary or permanent basis, with or without notice. You understand, acknowledge and agree that Company will not be liable to you or to any third party for any such termination, modification, suspension or discontinuance of the Services. 

PROPRIETARY RIGHTS IN THE SERVICES

You acknowledge and agree that the Services and all of their features, including without limitation designs, text, graphics, pictures, video, information, logos, button icons, data compilations and the design, applications, software, music, sound and other files, and their selection and arrangement, including any related intellectual property rights, whether registered or not (the “Curacity Content”), is the exclusive property of Company, its providers, users or its licensors with all rights reserved. Curacity Content is protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without prior written consent. Except as otherwise expressly stated herein, no Curacity Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, licensed, or sold in any form or by any means, in whole or in part, without Company’s or any applicable third party suppliers’ prior written permission. Any unauthorized use of Curacity Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

Unless you have agreed otherwise in writing with Company, nothing in these Terms of Use gives you a right to use any of Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any exclusive  rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services.

LIMITED LICENSE

Company gives you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access the  Services for the sole purpose of enabling you to use and enjoy the benefit of the  Services as provided by Company in the manner permitted by these Terms of Use, including to download or print a copy of any portion of the Curacity Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. This license is available to you as long as you are not barred from the Services by applicable law and your access is not terminated by us. If these Terms of Use are not enforceable where you are located, you may not use the Services and may not be able to benefit from the Services. Company reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Any use of the Services or the Curacity Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including copyright and trademark laws and applicable communications regulations and statutes. This license is revocable at any time without notice and with or without cause.

THIRD PARTY SITES

This Services may contain links to third party websites as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Sites or Content”). Such Third Party Sites or Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites or Content accessed through the Site or posted on, available through or installed from the Site, including the accuracy, reliability, offensiveness, opinions, privacy policies, terms of services or other practices of or found at the Third Party Sites or Content. These links are provided for your convenience, and Company assumes no responsibility for any Third Party Sites or Content. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on Third Party Sites or Content. Please review the polices applicable to Third Party Sites or Content to better understand the terms applicable to your use of such sites or content.

DISCLAIMER OF WARRANTY

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SERVICES AND ITS CONTENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING TO THE CURRENCY, COMPLETENESS, CONTENT, OR ACCURACY OF THE INFORMATION CONTAINED ON THIS SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

The Services may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or Services  or a combination thereof, including injury or damage to your or to any other person’s computer, or other property, related to or resulting from using or downloading materials in connection with the Services. Under no circumstances will Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the  Services, content posted on or through the Services or transmitted to Users, or any interactions between users of the Services, whether online or offline.

FURTHER, COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTY THAT THE SERVICES OR ANY ASPECT THEREOF ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. COMPANY DOES NOT ENDORSE AND MAKES NO WARRANTIES REGARDING THE  RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, NEITHER COMPANY, NOR ITS AFFILIATES, SUBSIDIARIES, LICENSORS, OR THIRD PARTY SERVICE PROVIDERS FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, AND PUNITIVE OR OTHERWISE,  OUT OF OR RELATING TO YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICES, (ii) COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICES. COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. IN ADDITION, WHEN USING THE SERVICES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF COMPANY, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE, THE SERVICES, ITS SERVERS, OR THE CURACITY CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICES AND THE CURACITY CONTENT AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR COMPUTER SYSTEM OR PROPERTY, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. 

INDEMNITY

You agree to defend (at Company’s option), indemnify and hold Company, as well as any parent, subsidiary, affiliate, and each of their directors, officers, agents, contractors, partners and employees and third-party service providers harmless from and against any claims, demand, damages, cause of action, debt, loss or liability, costs and expenses including  reasonable attorneys’ fees and other professional fees, arising out your misuse of the Services or your violation of these Terms of Use or of any law or the rights of any third party. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. This indemnity shall survive the termination of these Terms of Use.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

By using the Services, you and Company agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Services or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

  • Notice to Company. You must send notice (1) by electronic mail to contact@curacity.com and (2) by first-class or certified mail to Curacity, 110 East 25th Street, 4th Floor, New York, NY 10010
  • Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

Both you and Company agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. 

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable. For the avoidance of doubt, you and Company agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. 

Notwithstanding the foregoing, in lieu of arbitration either you or Company may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis. 

CHOICE OF LAW AND FORUM

These Terms of Use, and your relationship with Company under these Terms of Use, shall be governed by the laws of the United States (including federal arbitration law) and the State of New York without regard to its conflict of laws provisions. 

Except for Disputes or claims properly lodged in a small claims court in the United States, You and Company agree to submit to the exclusive jurisdiction of the courts located within the county of New York to resolve any Dispute not subject to the arbitration provision discussed above. You agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action. 

You and Company acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

GENERAL

NO WAIVER. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Company does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Company has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Company’s rights, and all such rights or remedies shall still be available to Company.

Interpretation. In these Terms of Use, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms of Use. Any limited or specific disclaimers or limitations of liability found in these Terms of Use shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms of Use.

SEVERABILITY. If any provision of these Terms of Use is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

ASSIGNMENT. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent.  We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.

NO RELATIONSHIP. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Company.

NOTICE TO CALIFORNIA RESIDENTS. You may reach Company at the contact information provided below in the “CONTACTING US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

ENTIRE AGREEMENT. These Terms of Use contain the entire understanding and agreement between us with respect to your use of the Services. These Terms of Use supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally.

CONTACTING US

If you have any additional questions or concerns about these Terms of Use, please contact us by email at contact@curacity.com or by mail at:

Curacity

594 Broadway, Suite 1202

New York, NY 10012

© Curacity 2022