CURA’S TERMS & CONDITIONS
PLEASE READ THE FOLLOWING TERMS, AND CONDITIONS RELATING TO YOUR USE OF OUR WEBSITE, APPS, AND SERVICES CAREFULLY.
Last Updated: 1/08/2018
Welcome to CURA Weight Loss Counseling, LLC and our affiliates (“we” or “us” or “CURA”). The Terms of Service (the “Terms”) govern the use of our website (“Site”), and any mobile device application (“App”), as well as the information, and services accessible, and provided via our Site, or App, and all services (“Services”) provided. The Site, App, and services provided are collectively herein called the “CURA Services”, or “Services.” These Terms apply to all visitors, users, and others who access, or use CURA Services.
1. Agreement to Our Terms
2. Modification of Terms, or Services
The Terms may be modified at any time within our sole discretion. You should check this Agreement periodically for changes. Continued use of CURA services after we post any changes to this Agreement, or otherwise notify you of changes indicates your agreement to be bound by the modified Terms, whether or not you have reviewed them. If you do not agree to be bound by this Agreement, then you should not, and cannot utilize the Services, and you should arrange to cancel your subscription with us. CURA Services may develop over time, and we may change, or discontinue all or part of the CURA Services, at any time and without notice, at our discretion.
3. CURA Services
CURA Services include, but are not limited to, providing curated nutritional information, with coaching, and support services. The services are intended only to assist users in their personal weight loss, and lifestyle change efforts. CURA is not a medical organization, and we do not provide any medical advice, diagnosis, treatment, or healthcare services of any kind. Nothing in our Services should be construed as such advice, diagnosis, or treatment. The information provided should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged, and advised to seek the advice of a physician before beginning any weight loss counseling, effort, or regiment. We provide you with nutritional support, and coaching. Please see our health disclaimer herein for additional information.
4. Eligibly for CURA Services
You must be a United States citizen, or a resident with a valid United States mailing address, legally capable of forming a binding contract with us, you cannot be under a physician’s care, or referral for prescribed nutritional services, you cannot be undergoing treatment, or diagnoses of a serious mental disorder, you cannot be undergoing treatment, or diagnosis of drug addiction, or substance abuse. You must be a resident of the United States.
5. Health Disclaimer
CURA is not a medical organization, and we do not provide any medical advice, diagnosis, treatment, or healthcare services of any kind. CURA does not provide medical nutritional therapy (MNT), or other regulated services. Nothing in our Services should be construed as such advice, diagnosis, treatment, or services. The information provided should not be interpreted as a substitute for physician consultation, evaluation, or treatment. You are urged, and advised to seek the advice of a physician before beginning any weight loss counseling, effort, or regiment, and to notify your physician of any changes to your diet, exercise, or lifestyle.
We are not a “covered entity” under the federal Health Insurance Portability and Accountability Act (“HIPAA”) and specifically disclaim any representation, or warranty that the Services, as offered, comply with HIPAA. Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing, and permitting access to “protected health information,” as defined under HIPAA is a material violation of the Terms of Service, and grounds for immediate account termination.
YOU UNDERSTAND, AND ACKNOWLEDGE THAT OUR SERVICES DO NOT CONTAIN, OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, PROFESSIONAL, OR MEDICAL ADVICE, OR OPINION OF ANY KIND, AND THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL, OR MEDICAL ADVICE, OR OPINION OF ANY KIND. THE INFORMATION MADE AVAILABLE ON, OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS, OR TO DIAGNOSE, OR TREAT A MEDICAL, OR HEALTH CONDITION. USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP.
In becoming a user of CURA Services, you specifically affirm that a physician has approved your use of CURA Services. CURA Services are intended for use only by individuals healthy enough to make changes to their diets, and lifestyles, and are not intended for use by minors, or individuals with any type of health conditions which make suggested changes to diet, or lifestyle unsafe, or unsuitable. Your use of CURA is your representation that you consulted a medical expert before starting nutritional, or other lifestyle changes. We reserve the right to deny you access to CURA Services for any reason, or no reason, including if we determine, at our sole discretion, that you have certain medical conditions not conducive to CURA Services.
6. Payment Terms
A. General Terms
Payment options, and services offered for different subscription packages are published on the CURA Website and/or at the time a subscription, or other service is offered, or renewed. Subscription pricing is subject to change, and new pricing takes effect upon renewal of your subscription subject to verification of your eligibility. You agree to authorize our third party payment processor, if any, to charge your selected payment method, for all applicable fees, and taxes in relation to your CURA Services subscription. You are responsible for providing complete, and accurate billing, and contact information to us. You must immediately notify us by the contact information below, of any known, or suspected unauthorized use(s) of your account, or any known, or suspected breach of security, including loss, theft, or unauthorized disclosure of your password, or billing information.
We may suspend, or terminate Services if fees are past due. Unless otherwise specified by us, all fees are payable in advance, and will accrue on a rolling basis from your date of account registration. You will not be refunded for any partial month’s subscription to use the Services.
YOUR SUBSCRIPTION WILL BE AUTOMATICALLY EXTENDED FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED, AT THE THEN-CURRENT NON-PROMOTIONAL SUBSCRIPTION RATE, VIA THE PAYMENT METHOD YOU PROVIDED, UNTIL CANCELED. YOU MUST CANCEL BY EMAILING CUSTOMERSERVICE@CURAWL.COM FIVE (5) BUSINESS DAYS PRIOR TO THE START OF THE RENEWAL PERIOD TO AVOID RENEWAL CHARGE.
C. Money Back Guarantee; Refunds
If, within the first 14 days from when you registered your Account you are not satisfied with the Services, and wish to receive a full refund, please contact CUSTOMERSERVICE@CURAWL.COM and we will return to you any fees that you paid to us in connection with the Services. All fees are non-refundable after 30 days have elapsed from when you registered your Account.
7. Website User Agreement, and User Content
You understand, acknowledge, and agree to the following:
Your subscription is only valid for your personal, noncommercial use, and may not be shared with others.
By using the Web site and/or App, you agree not to disrupt, or intercept our electronic information posted on this Web site, or on any of our servers. You also agree not to attempt to circumvent any security features of our Web site and/or App, and to abide by all applicable local, state, and federal laws, rules, and regulations.
8. Content, and Content Rights
For purposes of these Terms, “Content” means text, graphics, images, audio, video, works of authorship of any kind, music, software, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, information, and other materials that are posted, generated, provided, or otherwise made available through CURA Services. Content includes without limitation User Content.
A. Content Ownership, Responsibility, and Removal
We exclusively own all right, title, and interest in, and to CURA Services, and Content, including all associated intellectual property rights. You understand, and acknowledge that CURA Services, and Content are protected by copyright, patent, trademark, trade secrets, and other proprietary rights. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in, or accompanying CURA Services. CURA will not be liable for any loss, or corruption of your Content, or for any costs, or expenses associated with backing up, or restoring any of your Content.
B. Rights in User Content Granted by You
By making any User Content available through CURA Services you hereby grant to us a non-exclusive, transferable, worldwide, royalty-free, irrevocable, perpetual right, and license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating, and providing the Services, and Content to you, and to other account holders.
You represent, and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You are solely responsible for all your User Content, and by your submission you also represent, and warrant that your User Content, and any use of your User Content by us on, or through the CURA Services will not infringe, misappropriate, or violate any third party’s intellectual property rights, or rights of publicity, or privacy, or result in any violation of any applicable law, or regulation.
You can remove your User Content by deleting it. However, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on the Services. We are not responsible, or liable for the removal, or deletion of (or the failure to remove, or delete) any of your User Content.
C. Rights in Content Granted by Us
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable limited right to access, use and display, download, view, and copy CURA Content solely in connection with your Subscription to CURA Services, and solely for your personal, and non-commercial purposes. We reserve all rights not expressly granted in these Terms in the Service. We can terminate this license at any time for any reason, or for no reason.
9. Community Rules, and General Prohibitions
You understand, and acknowledge that Content posted, emailed, or otherwise transmitted to the Web Site are the sole responsibility of the person who made such posting. We do not control the postings transmitted to our Web Site, and as such, we do not guarantee the accuracy, integrity, or quality of such postings. Although we have adopted community rules (described below), you understand that by using this Web Site, you may be exposed to postings that are offensive, or objectionable. Under no circumstances will we be liable in any way for any postings (other than Content developed by us), for any errors, or omissions in any postings, or for any loss, or damage of any kind incurred as a result of the use of any postings, emailed, or otherwise transmitted to, or through our Web Site.
You agree not to post Content that: (i) may create a risk of harm, loss, physical, or mental injury, emotional distress, death, disability, disfigurement, or physical, or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss, or damage to any person or property; (iii) seeks to harm, or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise; (iv) may constitute, or contribute to a crime, or tort; (v) contains any information, or content that we deem to be unlawful, harmful, abusive, racially, or ethnically offensive, defamatory, infringing, invasive of personal privacy, or publicity rights, harassing, humiliating to other people (publicly, or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information, or content that is illegal (including, without limitation, the disclosure of insider information under securities law, or of another party’s trade secrets); (vii) contains any information, or content that you do not have a right to make available under any law, or under contractual, or fiduciary relationships; or (viii) contains any information, or content that you know is not correct, and current. You agree that any Content that you post does not, and will not violate rights of any kind, including without limitation any intellectual property rights, or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
CURA is not required to edit, censor, or otherwise control any Content provided by third parties on any bulletin board, chat room, or other similar forums posted on its Web site. Such information therefore is not endorsed by CURA. Since CURA is not the publisher, or speaker of the content, it shall not be considered the information content provider of such Content, CURA is not liable for any content provided by a third-party, and is also not liable for blocking, screening, or removing any offensive content under Good Samaritan provisions.
10. Third Party Websites or Resources
You expressly relieve CURA from any, and all liability arising from your use of any third-party website, service, or content, and agree that your dealings with any third-party website, service, or content is only between you, and such third parties. You agree that we are not responsible for any loss, or damage of any sort based upon your dealings with such third-parties.
11. DMCA/Copyright Policy
We respect copyright law, and expect our users to do the same. We will respond to notices of alleged copyright infringement if they comply with the law, and are properly provided to us. Such notices should be reported to LEGAL@CURAWL.COM. We reserve the right to delete, or disable content alleged to be infringing, and to terminate repeat infringers.
12. Warranty Disclaimers
CURA MAKES NO REPRESENTATIONS, OR WARRANTIES OF ANY KIND, OR NATURE WITH RESPECT TO THE INFORMATION, OR CONTENT POSTED ON THE WEB SITE, OR WITH RESPECT TO THE SERVICES PROVIDED. CURA HEREBY DISCLAIMS ALL REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. CURA DOES NOT WARRANT THAT THE WEB SITE, OR ANY FUNCTION THEREIN WILL BE UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, OR THE SERVERS THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM USE, OR THE DOWNLOAD OF ANY SERVICE. IN NO EVENT SHALL CURA BE LIABLE FOR ANY DAMAGES OF ANY KIND, OR NATURE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING FROM, OR IN CONNECTION WITH THE EXISTENCE, OR USE OF THE WEB SITE AND/OR THE INFORMATION, OR CONTENT POSTED ON THIS WEB SITE, OR THE SERVICES, OR COMMUNICATION PROVIDED IN ANY FORM, REGARDLESS OF WHETHER CURA HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
Although CURA makes all efforts to provide the latest developments concerning our services, and other information about our company, we do not warrant the accuracy, effectiveness, and suitability of any information contained in this Web site. Each person assumes all risks arising from the use of this Web site. The information is presented “AS IS” and may include technical inaccuracies, or typographical errors. We make no warranty that the services will meet your requirements, or be available on an uninterrupted, secure, or error-free basis.
13. Assumption of Risk
In consideration of being permitted to participate in any way in CURA Services, you agree that for yourself, your heirs, personal representatives, or assigns, do hereby release, waive, discharge, and covenant not to sue CURA, its officers, employees, and agents from liability from any, and all claims including the negligence of CURA, its officers, employees, and agents, resulting in personal injury, accidents, or illnesses (including death), and property loss arising from, but not limited to your participation, and membership in CURA Services, and your use of CURA Services. You know, understand, and appreciate these and other risks that are inherent in the Activity. I hereby assert that my participation is voluntary, and that I knowingly assume all such risks.
14. Limitation of Liability
In no event shall CURA, its sub-consultants, or contractors be liable in contract, tort, strict liability, warranty or otherwise, for any direct, indirect, special, incidental, or consequential, exemplary, or punitive damages, such as, but not limited to, delay, disruption, loss of product, or service, loss of anticipated profits, or revenue, injury, or death, loss of use of the equipment, or system, non-operation, or increased expense of operation of other equipment, or systems, cost of capital, or cost of purchase, or replacement equipment systems, or power.
IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF, OR INABILITY TO USE CURA SERVICES, OR THE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF CURA SERVICES.
THE ASSUMPTION OF RISK, AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE MATERIAL ELEMENTS OF THE AGREEMENT BETWEEN CURA, AND YOU.
You agree to indemnify, hold harmless and, at our option, defend us, and our officers, directors, employees, independent contractors, stockholders, agents, and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney fees, and expenses) arising from your improper use of this Web Site, or our Services, your violation of these Terms & Conditions, or your infringement, or the infringement, or use by any other user of your account, of any intellectual property, or other right of any person or entity.
16. Governing Law
These Terms, and any action related thereto will be governed by the laws of the State of Wyoming without regard to conflict of laws principles. If, despite the Dispute Resolution terms (below) which generally required binding arbitration, a court of competent jurisdiction is involved, you hereby consent, and submit to the personal jurisdiction of the Courts of Wyoming.
If the arbitrator finds that any provision of these Terms is invalid, or unenforceable, you agree that the other provisions of these Terms will remain in full force, and effect.
18. Dispute Resolution
A. Agreement to Arbitrate
You, and we agree that any dispute, claim, or controversy arising out of, or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court; and (ii) to seek injunctive,or other equitable relief in a court of competent jurisdiction to prevent the actual, or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This “Dispute Resolution” section will survive any termination of these Terms.
B. Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written, signed, and certified Demand for Arbitration outlining the details of the complaint, and redress sought. The arbitrator will be either a retired judge, or an attorney licensed to practice law, and will be selected by the parties from the JAMS’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the applicable Rules.
§ The arbitration will be administered by JAMS, 410 17th Street, Suite 2440, Denver, CO 80202, P 303-534-1254, F 303-534-1255; email@example.com
C. Arbitration Location, and Procedure
The arbitration will be conducted virtually with JAMS. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you, and we submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS applicable Rules. Subject to JAMS’ rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
D. Arbitrator’s Decision
The arbitrator will render an award within the time frame specified by JAMS. The arbitrator’s decision will include the essential findings, and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types, and amounts of damages for which a party may be held liable. Each party hereby waives all rights we may have under applicable law to recover, attorneys’ fees, and expenses even if a party prevails in arbitration.
As a condition to having a cognizable claim, it will be Your responsibility to pay any initial JAMS filing, administrative, and arbitrator fees required to arbitrate your dispute. If you succeed in your claim, these fees if any will be reimbursed by CURA.
F. Class Action Waiver
You agree that any proceedings to resolve any dispute will be conducted solely on an individual basis, and that you will not seek to have any dispute heard as a class action, a representative action, a collective action, a private attorney-general action, or in any proceeding in which you propose to act in a representative capacity. You agree that no arbitration proceeding will be joined, consolidated, or combined with another arbitration without the prior written consent of CURA, and all parties to any such arbitration.
G. Timing of Claim
You agree that regardless of any applicable law to the contrary, you cannot file a claim, or arising out of or related to CURA Services, or these Terms more than one (1) year after the date such claim arose.
We may terminate your access to, and use of the Services, at our sole discretion, at any time, and without prior notice to you. Further, you agree that we shall not be liable to you, or any third-party for any termination, or cancellation of our Services. You understand that your online right with respect to your dissatisfaction with any modification, or discontinuation of service is: You may cancel your Account at any time by sending an email to us at CUSTOMERSERVICE@CURAWL.COM. Upon any termination, discontinuation, or cancellation of Services, or your Account, all provisions of these Terms which by their nature should survive shall survive, including, without limitation, ownership provisions, warranty, and professional/medical services disclaimers, assumption of risk, and indemnity, limitations of liability, and dispute resolution provisions.
20. Miscellaneous Terms
These Terms constitute the entire, and exclusive understanding, and agreement between us, and you regarding the Services, and Content, and these Terms supersede, and replace any and all prior oral, or written understandings, or agreements between us, and you regarding the Services, and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid, or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force, and effect.
You may not assign, or transfer these Terms, by operation of law, or otherwise, without our prior written consent. Any attempt by you to assign, or transfer these Terms, without such consent, will be null, and of no effect. We may freely assign, or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind, and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices, or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given: by us (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right, or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right, or provision will be effective only if in writing, and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
We welcome feedback, comments and suggestions for improvements to CURA Services. You can submit feedback by emailing us at CUSTOMERSERVICE@CURAWL.COM. By submitting comments (the “Feedback”) to us, you hereby grant CURA, its affiliates, subsidiaries, assigns, licensees and legal representatives (“CURA”) the irrevocable, perpetual, worldwide right to use, reproduce, edit, store, sublicense, distribute, have distributed, create derivative works based upon, and publicly, and privately promote, display, and perform the Feedback, in any medium, by any means of delivery, for commercial, promotional, or other purposes without remuneration to you.
No confidential relationship shall be established in the event that any user of the Web site, or services should make any oral, written, or electronic communication to CURA.
22. Contact Information
If you have any questions about these Terms or the Services, please contact us at Legal@curawl.com, or 1623 Central Avenue, Cheyenne, WY 82001.