Terms & Conditions, Privacy

Agreement between User and iCurated.com

Welcome to iCurated.com. The iCurated.com website (the "Site") is comprised of various web pages operated by iCurated / iCURATED ("iCurated" and "iCURATED"). iCurated.com is

Welcome to iCurated.com. The iCurated.com website (the "Site") is comprised of various web pages operated by iCurated / iCURATED ("iCurated" and "iCURATED"). iCurated.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of iCurated.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

iCurated.com is a Forum/Online discussion Site.

Discussion boards may include links to recommended products and/or services, posted by the community.

Privacy

Your use of iCurated.com is subject to iCurated's Privacy Policy.

We collect information in a few different ways:

When you give it to us or give us permission to obtain it: When you sign up for or use iCurated you voluntarily share certain information including your name, email address, phone number, photos, comments, and any other information you give us. You can also choose to share your precise location using your device settings or through photos. We will still use your IP address, which is used to approximate your location, even if you don't choose to share your precise location. You will also have the option to share other information about yourself such as your gender, age and preferred language. 

If you connect your Facebook, Google or other third-party accounts to iCurated, we use information from those accounts (such as your friends or contacts) to improve your iCurated experience. This is dependent on the privacy policies or settings for those accounts. 

We also get technical information when you use iCurated:

When you use a website, mobile application or other internet service, certain internet and electronic network activity information gets created and logged automatically. This is also true when you use iCurated. Here are some of the types of information we collect:

Log data. When you use iCurated, our servers record information (“log data”), including information that your browser automatically sends whenever you visit a website, or that your mobile app automatically sends when you’re using it. This log data includes your Internet Protocol address (which we use to infer your approximate location), the address of and activity on websites you visit that incorporate iCurated features (like the “Save” button—more details below), searches, browser type and settings, the date and time of your request, how you used iCurated, cookie data and device data.

Cookie data. We also use “cookies” (small text files sent by your computer each time you visit our website, unique to your iCurated account or your browser) or similar technologies to get log data. When we use cookies or other similar technologies, we use session cookies (that last until you close your browser) or persistent cookies (that last until you or your browser delete them). For example, we use cookies to store your language preferences or other settings so you don‘t have to set them up every time you visit iCurated. Some of the cookies we use are associated with your iCurated account (including information about you, such as the email address you gave us) and other cookies are not.

Device information. In addition to log data, we collect information about the device you’re using iCurated on, including the type of device, operating system, settings, unique device identifiers and crash data that helps us understand when something breaks.

Clickstream data and inferences. When you’re on iCurated, we use your activity—such as which Topics you click on, boards you create, and any text that you add in a comment or description—along with information you provided when you first signed up and information from our partners and advertisers to make inferences about you and your preferences. For example, if you create a board about travel, we may infer you are a travel enthusiast. We may also infer information about your education or professional experience based on your activity when you link your account to accounts you have with third parties like Facebook or Google.

Our partners and advertisers share information with us:

We also get information about you and your activity outside iCurated from our affiliates, advertisers, partners and other third parties we work with. For example:

Some websites or apps use iCurated features such as our “Save” button, or you may install our “Save” button for your browser. If so, we collect log data from those sites or apps.

Online advertisers or third parties share information with us to measure, report on or improve the performance of ads on iCurated, or to figure out what kinds of ads to show you on or off of iCurated. This includes information about your visits to an advertiser's site or purchases you made from them, or information about your interests from a third-party service, which we might use to help show you ads.

What we do with the info we collect

We’re committed to showing you content that’s relevant, interesting and personal to you. To do that, we use your information to provide and improve your experience, including:

Identify you when you use iCurated.

Recommend Topics, boards, topics or categories you might like based on your activity on iCurated. For example, if we see you’re into cooking, we may suggest food-related Topics, boards or people that we think you might like, or show you food-related ads.

Respond to your questions or comments.

We have a legitimate interest for using your info in these ways. It's fundamental to what we do at iCurated and necessary in order to make iCurated and its features relevant and personalized to you.

We also have a legitimate interest in making iCurated safe and improving our product features so you keep finding the inspiration you want. We all benefit when we use your information to:

Suggest other people who have similar interests. For example, if you follow architecture topics, we may suggest interior designers that you might like.

Help your friends and contacts find you on iCurated, if you agree to this in your settings. For example, if you sign up using a Facebook account, we can help your Facebook friends find you on iCurated when they first sign up for iCurated. Or people can search for your account on iCurated using your email.

Work with law enforcement and keep iCurated safe. We may get requests for account information from law enforcement authorities like the police or courts. 

Review your messages on iCurated to detect activity that poses a risk to the safety of you, our community and/or members of the public.

Conduct analytics and research on who is using iCurated and what they are doing. For example, by logging how often people use two different versions of a feature on iCurated, we can understand which version is better.

Improve iCurated and offer new features.

Advertise iCurated products and services to you on other sites. 

Send you updates (such as when certain activity, like saves or comments, happens on iCurated) and news by email or push notification, depending on your settings. For example, we send weekly updates that include Topics you may like. You can decide to stop getting these notifications by updating your user settings.

We have a legitimate interest in delivering ads that are relevant, interesting and personal to you in order to generate revenue. To further these interests we use the information we collect to:

Decide which ads to show you. For example, if you show an interest in running shoes on iCurated, we may show you ads for other running related products. We customize the ad content we show you by identifying your interests based on your onsite and offsite activities, as well as by using information we receive from ad partners or other third parties. Where we use cookies to identify your offsite interests, we’ll get your consent where we need to. Where ad partners or other third parties share information with us about you, we rely on the consent they already obtained.

Tell our ad partners how their iCurated ads are doing, and how to make them better. Some of this information is aggregated. For example, we would report to an advertiser that a certain percentage of people who viewed a Promoted Topic went on to visit that advertiser's site. In other instances, this information isn’t aggregated. 

We have a legitimate interest in using information we collect to customize your iCurated experience based on your offsite behavior. For example, if you visit websites that sell electric guitars, we may suggest guitar-related Topics to you. When we identify your interests based on your offsite behavior with cookies, we will obtain any consent that we may need. 

In addition to the specific circumstances above, we’ll only use your information with your consent in order to:

Allow searching with photos. For example, if you take a photo of a pair of shoes or a piece of furniture you like, you can ask us to show you similar items. You can opt-in to this in your device operating system settings.

Send you marketing materials by email, text, push notification or phone call depending on your account or operating system settings. Each time we send you marketing materials, we give you the option to unsubscribe.

Identify your precise location and customize the content we show you. For example, if we know that you’re near a retailer we may show you that retailer’s Topics that may be of interest to you. You can opt in to this in your device operating system settings.

Tell our ad partners how their ads are doing using the iCurated Tag. The iCurated Tag (a piece of code an advertiser puts on their site) delivers insights to us and our ad partners about actions that a person takes on their website after viewing an ad on iCurated.

We’ll also rely on your consent where we use cookies to:

Identify you across different browser sessions. This means if you log into iCurated from your phone (or any device), we'll remember that you're you and then you won't need to enter your login details each time you visit iCurated.

Show you ads you might be interested in. We use cookies to identify your interests based on your offsite activity. We do this for people currently using iCurated and for new folks, and it helps us customize how you get started on iCurated.

Transferring your information

iCurated is a worldwide service. By using our products or services, you authorize us to transfer and store your information outside your home country, including in the United States, for the purposes described in this policy. The privacy protections and the rights of authorities to access your personal information in such countries may not be equivalent to those of your home country. 

Choices you have about your info:

Our goal is to give you simple and meaningful choices regarding your information. If you have a iCurated account, many of these controls are built directly into iCurated or your settings. For example, you can:

Edit information in your profile at any time or choose whether others can find your iCurated account using your email address.

Link or unlink your iCurated account from other services (like Facebook, Google or Twitter). For some services (like Facebook), you can also decide whether or not to publish your iCurated activity to that service.

Close your account at any time. When you close your account, we’ll deactivate it, remove you as a Curator for any active Topics and delete your account profile data.

We also support settings such as Limit Ad Tracking in iOS, Ads Personalization in Android devices as well as Do Not Track in browsers.

You also have choices available to you through the device or software you use to access iCurated. For example:

The browser you use lets you control cookies or other types of local data storage.

Your mobile device lets you choose how and whether your precise location, photos, contacts and other data is shared with us.

To learn more about these choices, please see the information provided by your device or software provider.

How and when we share information

Anyone can see the public boards and Topics you create and profile information you give us. We also make this public information available through what are called APIs (basically a technical way to share information quickly). For example, a partner can study what their most popular Topics are or how their Topics are being shared on iCurated by using a iCurated API. We also share your information with:

Other services, to enable you to sign up for or log in to iCurated, or when you decide to link your iCurated account to those services, like Facebook or Google, or when you publish your content on iCurated to them. For example, if you choose to publish your Topics to Facebook or Twitter, then information about that content will be shared with Facebook or Twitter.

Services we use to market iCurated to you on sites and apps other than iCurated, such as Facebook Ads, Google Marketing Platform, Microsoft Advertising, LinkedIn Advertising, The Trade Desk and others from time to time. You can opt-out of sharing with such advertising services in your settings.

Online advertisers and third-party companies that we or they use to audit or improve the delivery and performance of ads or content on websites and apps (for example, through Google Analytics). This includes us sharing the Topics or ads you were shown on iCurated and whether or how you engaged with those Topics or ads, or other information about your activity on iCurated.

Third-party companies, service providers or individuals that we employ to process information on our behalf based on our instructions and for the purposes described in this Privacy Policy. For example, we share data with security consultants to help us get better at identifying spam. Some information we acquire may be collected by third-party providers on our behalf.

Law enforcement agencies or government agencies. We only share information if we believe that disclosure is reasonably necessary to comply with a law, regulation or legal request; to protect the safety, rights, or property of the public, any person, or iCurated; or to detect, prevent, or otherwise address fraud, security or technical issues.

Our wholly-owned subsidiaries and affiliates. If we were to engage in a merger, acquisition, bankruptcy, dissolution, reorganization, or similar transaction or proceeding that involves the transfer of the information described in this Policy, we would share your information with a party involved in such a process (for example, a potential purchaser).

How long we keep your information

We keep your information only so long as we need it to provide iCurated to you and fulfill the purposes described in this policy. This is also the case for anyone that we share your information with and who carries out services on our behalf. When we no longer need to use your information and there is no need for us to keep it to comply with our legal or regulatory obligations, we’ll either remove it from our systems or depersonalize it so that we can't identify you.

Our policy on children’s information

We not currently age restrict users on iCurated. If you are based in the EEA you may only use iCurated if you are over the age at which you can provide consent to data processing under the laws of your country. If you are a parent and you learn that your child is using iCurated and you don't want them to, please contact us.

Your options

You have options in relation to the information that we have about you. To exercise these options, please visit your account settings and, if you still need help, contact us via email. 

Request access to the information we collect and hold about you. We'll usually share this with you within 30 days of you asking via [email protected].

Have your information corrected or deleted. You can update your information in your profile or delete your data by closing your account.

Object to us processing your information. You can ask us to stop using your information, including when we use your information to send you marketing emails or push notifications. If you opt out of receiving marketing messages from us, we may still send you updates about your account, such as when someone comments on one of your Topics.

Have the information you provided to us sent to another organization, where we hold this information with your consent or for the performance of a contract with you, and, where it's technically feasible for us to do so.

Request more details about the information we collect and how and why we use and share it.

We will not discriminate against you if you choose to exercise your options related to your personal information. We work to be clear with you about your options and the consequences of exercising certain options. If you have questions, please contact us.

Residents of the EEA

If you think that we haven't complied with data protection laws, you have a right to lodge a complaint with the Data Protection Commission in Ireland or with your local supervisory authority.

We also want to share some more details about how we may transfer personal data of EEA residents:

iCurated complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. iCurated has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit the Privacy Shield website.

For all transfers of your information from the European Countries to the US, iCurated is certified under Privacy Shield and follows its principles. To view a list of Privacy Shield participants please visit the Privacy Shield website.

Where we share information we receive under Privacy Shield with third parties, we're responsible for making sure those third parties also comply with Privacy Shield, unless we can prove we're not responsible for the damaging event.

In compliance with the Privacy Shield Principles, iCurated commits to resolve complaints about our collection or use of your personal information. EEA individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us here. iCurated has further committed to refer unresolved Privacy Shield complaints to JAMS Arbitration and Mediation Services, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit the JAMS website for more information or to file a complaint. The services of JAMS are provided at no cost to you. In certain circumstances, and if the dispute resolution process still doesn’t resolve the problem, EEA individuals may pursue binding arbitration through a process at the Privacy Shield website. iCurated is also subject to the investigatory and enforcement powers of the Federal Trade Commission.

Where we transfer information from the EEA to a country that doesn't provide an adequate level of protection, we’ll only do so under appropriate safeguards to protect your information, like standard contractual clauses, or Privacy Shield certification.

 

California residents

The California Consumer Privacy Act (CCPA) requires us to disclose categories of Personal Information we collect and how we use it, the categories of sources from whom we collect Personal Information, and the third parties with whom we share it, which we have explained above.

In the preceding twelve months, we have collected Personal Information from you, your devices, our partners, third parties, and from categories of sources otherwise described in this Privacy Policy.

We are also required to communicate information about rights California residents have under California law. You may exercise the following rights:

Right to Know and Access. You may submit a verifiable request for information regarding the: (1) categories of Personal Information we collect, use, or share; (2) purposes for which categories of Personal Information are collected or used by us; (3) categories of sources from which we collect Personal Information; and (4) specific pieces of Personal Information we have collected about you.

Right to Equal Service. We will not discriminate against you if you exercise your privacy rights.

Right to Delete. You may submit a verifiable request to close your account and we will delete Personal Information about you that we have collected.

We do not sell the Personal Information of our users.

For more information about these rights, please see “Choices you have about your info” above, and to exercise them, please visit our Help Center or contact us at [email protected]. In order to verify any request, you may need to log in to your account or respond to an email verification request.

We collect the following categories of Personal Information and in the preceding 12 months, we have disclosed these categories of Personal Information for a business purpose to affiliates, service providers and third parties:

Identifiers, such as your name, username, email address, phone number, unique device identifiers, and your IP address

Personal characteristics protected by law, such as your gender and age

Commercial information, such as purchases made, and payment information

Internet or electronic network activity information, such as information about your device and your use of our Services

Geo-location data, when shared through your device settings or photos

Electronic, visual, or similar information, such as your profile picture or photos

Professional or employment information, when you link your account to other accounts

Inferences we draw or derive about users, such as your interests or preferences

Other information you provide, such as your bio, Topics, and comments

We use and disclose this information for the business purposes described in this policy, including to: audit our Service, detect security incidents and prevent fraud, debug and repair errors, maintain your account, provide customer service, process or fulfill orders, conduct research and development and other activities to improve our Service, show advertising, market our Services, and understand how users interact with our Services.

How we make changes to this policy

We may change this policy from time to time and if we do, we’ll post any changes on this page. If you continue to use iCurated after those changes are in effect, you agree to the new policy. If the changes are significant, we may provide a more prominent notice or get your consent, as required by law.

Contact us

The best way to get in touch with us or to exercise your options described above is to contact us via email at [email protected].

Electronic Communications

Visiting iCurated.com or sending emails to iCurated constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that iCurated is not responsible for third party access to your account that results from theft or misappropriation of your account. iCurated and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Links to Third Party Sites/Third Party Services

iCurated.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of iCurated and iCurated is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. iCurated is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by iCurated of the site or any association with its operators.

Certain services made available via iCurated.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the iCurated.com domain, you hereby acknowledge and consent that iCurated may share such information and data with any third party with whom iCurated has a contractual relationship to provide the requested product, service or functionality on behalf of iCurated.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use iCurated.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to iCurated that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of iCurated or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. iCurated content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of iCurated and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of iCurated or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

iCurated has no obligation to monitor the Communication Services. However, iCurated reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. iCurated reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

iCurated reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in iCurated's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. iCurated does not control or endorse the content, messages or information found in any Communication Service and, therefore, iCurated specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized iCurated spokespersons, and their views do not necessarily reflect those of iCurated.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to iCurated.com or Posted on Any iCurated Web Page iCurated does not claim ownership of the materials you provide to iCurated.com (including feedback and suggestions) or post, upload, input or submit to any iCurated Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting iCurated, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. iCurated is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in iCurated's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your iCurated account to third party accounts. By connecting your iCurated account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by iCurated from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the iCurated Content accessed through iCurated.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless iCurated, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. iCurated reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with iCurated in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and iCurated agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ICURATED AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ICURATED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ICURATED AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ICURATED AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ICURATED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

iCurated reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and iCurated as a result of this agreement or use of the Site. iCurated's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of iCurated's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by iCurated with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and iCurated with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and iCurated with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

iCurated reserves the right, in its sole discretion, to change the Terms under which iCurated.com is offered. The most current version of the Terms will supersede all previous versions. iCurated encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

iCurated welcomes your questions or comments regarding the Terms:

iCurated

PO Box 4763

Boulder, Colorado 80306

Email Address: [email protected]

 

Effective as of February 6, 2020.