These terms and conditions (“Terms”, “Agreement”) constitute a legally binding agreement between Curate9 (“Curate9”, “we”, “us”, or “our”) and you (“User”, “you”, or “your”). This Agreement governs your access to and use of the Curate9 website and any related products, services, applications, or platforms provided by us (collectively, the “Website” or “Services”).

By accessing or using the Website or Services, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Website or Services.

  1. Use of the Website and Services

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your personal or internal business use, subject to these Terms.

  1. Usage Restrictions

You are expressly prohibited from:

  • Reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material on our Website, except as generally and ordinarily permitted through the Website’s functionality.
  • Selling, sublicensing, or otherwise commercializing any content or material from the Website.
  • Using the Website in any way that violates any applicable federal, state, local, or international law or regulation.
  • Using the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website.
  • Using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website.
  • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Using the Website for any unauthorized advertising or marketing.

Certain areas of this Website may be restricted from access by you, and Curate9 reserves the right to further restrict access by you to any areas of this Website, at any time, in absolute discretion.

  1. Age Requirement

The Website and Services are intended for users who are at least 18 years of age. By using the Website or Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement. If you do not meet this age requirement, you must not access or use the Website or Services.

  1. Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by Curate9. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Curate9 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 the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

  1. Intellectual Property Rights

This Agreement does not transfer to you any intellectual property owned by Curate9 or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Curate9. All trademarks, service marks, graphics, and logos used in connection with our Website or Services are trademarks or registered trademarks of Curate9 or Curate9’s licensors. Other trademarks, service marks, graphics, and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any Curate9 or third-party trademarks.

  1. Disclaimer of Warranties

The Website and Services are provided on an “AS IS” and “AS AVAILABLE” basis. Curate9 makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. To the fullest extent permissible by applicable law, Curate9 disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Curate9 does not warrant that the Website or Services will be uninterrupted, secure, or error-free, or that defects will be corrected.

  1. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Curate9, its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, punitive, cover, or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence, or otherwise, even if Curate9 has been advised of or could have foreseen the possibility of such damages.

To the maximum extent permitted by applicable law, the aggregate liability of Curate9 and its affiliates, officers, employees, agents, suppliers, and licensors relating to the Services will be limited to an amount greater of one dollar ($1.00) or any amounts actually paid in cash by you to Curate9 for the prior one-month period preceding the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

  1. Indemnification

You agree to indemnify, defend, and hold harmless Curate9 and its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms.

  1. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. Any invalid or unenforceable provision will be interpreted to the extent necessary to make it valid and enforceable, or if that is not possible, the invalid or unenforceable provision will be deemed severed from this Agreement, and the remaining provisions will remain in full force and effect.

  1. Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles. The exclusive jurisdiction and venue for any actions or proceedings arising out of or relating to this Agreement shall be the state and federal courts located in Dallas County, Texas, and you hereby submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

  1. Changes and Amendments

We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will revise the “Last Updated Date” at the top of this page. Your continued use of the Website or Services after any such changes shall constitute your consent to such changes.

  1. Entire Agreement

This Agreement constitutes the entire agreement between you and Curate9 regarding the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.

  1. Contact Information

If you have any questions about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to info@curate9.com.