You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence, (b) have not previously been suspended or removed from the Site, (c) do not have more than one (1) account at any given time for the Site; (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Site or Services (or any portion thereof) and (e) that you have full power and authority to enter into the Terms and Conditions and in doing so will not violate any other agreement to which you are a party. Our website and any products or services available on or via the website are not intended for use by individuals under the age of 18. If you are under the age of 18, you must not use our website, purchase, or attempt to purchase any of our products or services, or submit any information about you or anyone else to us. We do not knowingly or intentionally process information about any individual under the age of 18.3) Intellectual Property Ownership
INFORMATION AND CONTENT ON OUR WEBSITE PROVIDED ON NON-RELIANCE BASIS. Our website is made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our website available for any other purposes, except as expressly provided in these Terms and Conditions. We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our website from time to time are accurate, up to date or complete.b) Site Use Restrictions
The content on our website is provided for your personal, private, and non-commercial use only. You agree that you will not: (i) use the Site for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text” utilizing any of our Trademarks; (iii) engage in any activities through or in connection with the Site that seek to, attempt to or do harm to any individuals or entities, or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to NeoCurly; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (v) engage in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, NeoCurly, or other users of the Site; (vi) interfere with or circumvent any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information including Personal Data of other users of the Site, including email addresses, without the express consent NeoCurly and of such users; (viii) attempt to gain unauthorized access to the Site, other computer systems or networks connected to the Site, through password mining or any other means; or (ix) otherwise violate these Terms or any Additional Terms.c) Content Use Restrictions
The content on our website is provided for your personal, private, and non-commercial use only. You also agree that, in using the Site: (i) you will not monitor, gather, copy, or distribute the Content on the Site by using any robot, rover, “bot”, spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) you will not frame or utilize framing techniques to enclose any such Content including any images, text, or page layout; (iii) you will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) you will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors’ products, services, or brands; (v) you will not make any modifications to such Content; (vi) you will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any Additional Terms or with the prior written consent of an officer of NeoCurly or, in the case of Content from a licensor, the owner of the Content; and (vii) you will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
NeoCurly, in its sole discretion without advance notice or liability, may immediately suspend or terminate the availability of the Service and/or Content (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, and without advance notice or liability.
Voting/Rating/Reviews Features: For any voting/rating/reviews features that are available on this NeoCurly Site, you must follow instructions on this NeoCurly Site to submit your voting/rating/reviews /reviews, including any restrictions set forth with respect to limitations on voting/rating/reviews. Voting/rating/reviews /reviews received from you in excess of any stated limitation will be disqualified. Payment or other consideration in exchange for voting/rating/reviews is prohibited. Voting/rating/reviews generated by script, macro or other automated means or any other means intended to impact the integrity of the voting/rating/reviews process as determined by us may be void. NeoCurly assumes no responsibility for incorrect/inaccurate voting/rating/reviews information or 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, voting/rating/reviews . We may, at our discretion, modify, terminate, or suspend the voting/rating/reviews or void any votes/rating/reviews should a virus, bug, non-authorized human intervention, action of voter/rater, or other cause corrupt or impair the administration, security, or fairness of the voting/rating/reviewing . We reserve the right, in our sole discretion, to disqualify any Individuals found to have committed an intentional Program violating these terms, tampering with the voting/rating/review process, or acting in an unsportsmanlike or improper manner and void all associated voting/rating/reviewing. Our decisions with respect to all aspects of any voting/rating/reviewing element are final and binding, but not limited to, with respect to the tallying of voting/rating/reviewing and the invalidation or disqualification of any suspected voting/rating/reviewing or voters/raters/reviews. You may also be given the opportunity to participate in voting/rating/reviewing features in a third party application or feature (such as one of our social media partners like Facebook or Twitter), in which case your participation in such features will be subject to the terms and conditions governing that third party application or feature.
Disclaimer of Liability or Endorsement: We do not control the User Content posted on the Site and, as such, we make no representations or warranties regarding User Content or its truthfulness, accuracy, reliability, integrity or quality. The Sites may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the Sites are those of the respective third party and not of NeoCurly or its affiliates. NeoCurly makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products. We do not determine whether User Content violates the rights of others, and we have no control over whether User Content is of a nature that you or other users may find offensive. User Content includes the opinions, statements and other content of third parties, not us. You acknowledge and agree that the information and views expressed by you and other users in User Content appearing on the Site do not necessarily reflect our views or those of our content providers, advertiser, sponsors, affiliated or related entities, and we do not support or endorse any User Content or any other content posted by you or any other user on or otherwise accessible through the Site.
In connection with all User Content you submit using the User Content Submission Features, you grant to NeoCurly, and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed or discovered, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of your User Content on the Site and any other channels, services, and other distribution platforms, whether currently existing or developed in the future, of NeoCurly and/or the Affiliates (collectively, the "Platforms"), for any purpose whatsoever (including, without limitation, for any promotional purposes) without accounting, notification, credit or other obligation to you, and the right to license and sub-license and authorize others to exercise any of the rights granted here-under in our sole discretion. For the avoidance of doubt, without limiting the generality of the rights granted here-under, these rights include, without limitation, the right to distribute and synchronize all or any portion of your User Content in timed relation to any other visual elements; to web cast, pod cast, re-publish, re-broadcast, re-platform, port, syndicate, route, and link to and from all or any portion of your User Content; to encrypt, encode and decode, and compress and decompress all or any portion of your User Content; to edit, mix, combine, merge, distort, superimpose, create or add special effects, illusions and/or other material to or of all or any portion of your User Content; to create composite, stunt, comic or unusual photographs, videos, animations, motion pictures and/or voice reproductions from all or a portion of your User Content; and to excerpt and/or extract portions of your User Content in order to host, store, index, categorize and display your User Content on or through the Platforms. By submitting User Content, in addition to the rights, licenses and privileges referred to above, you are also granting NeoCurly and the Affiliates, the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right, license, authorization and permission to use and refer to your name, logo, marks, image, characteristics and other distinctive identification in presentations, marketing materials, customer lists and otherwise in connection with the exploitation of the rights granted here-under; to do, perform, take advantage of and exploit any and all of the rights set forth herein in connection with the marketing, advertising and promotion of the Platforms and any products, goods, features, functions, capabilities and/or services associated with NeoCurly and the Affiliates; and to use and otherwise exploit any ideas, concepts, content, material, expression or form of expression, in whole or in part, contained in your User Content, for any purpose whatsoever, without any credit, compensation or accounting to you, in products or services developed by NeoCurly and the Affiliates, without limitation or restriction whatsoever.7) Transmitting Materials
You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings or other information submitted by you or other users of the Site. You agree not to use any spider, robot or other automatic means to search, monitor, copy or manipulate the content of the Site service. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with the Service or their use by any other user. You agree not to knowingly cause any unreasonable burden or load on NeoCurly software or its computer systems.
You agree that you will not harvest, collect or store information about the users of the Site or the User Content or use such information for any purpose inconsistent with the purpose of the Site or for the purpose of transmitting or facilitating transmission of unsolicited advertising, junk or bulk electronic mail or communications. You may not: (i) take any action that imposes or may impose (as determined by Us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; (iii) bypass any measures we may use to prevent or restrict access to the Site or portions thereof (or other accounts, computer systems or networks connected to the Site); (iv) run any form of auto-responder or “spam” on the Site; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; or (vi) harvest or scrape any content from the Site.
The availability of the products and services described on the Site, and the descriptions of such products and services, may vary based on location and timing. The NeoCurly Products are provided on an “as is” and “as available” basis. You understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to any loss of profit, loss of goodwill, loss of business reputation, loss of data, cost of procurement of substitute services, or other intangible loss, resulting from: (i) the products (ii) the results of the products (iii) the use or the inability to use the products; (iv) any changes which we may make to the products, or any permanent or temporary termination of the products; (v) or any other matter relating to the products.(i) Typographical Errors
In the event that a NeoCurly product is mistakenly listed at an incorrect price, NeoCurly reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. To the extent permitted by applicable law, NeoCurly reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, www.neocurly.com shall issue a credit to your credit card account in the amount of the incorrect price.(ii) Orders, Prohibition on Reselling
While it is our practice to confirm orders by email or text, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. You may not purchase any item from this site for resale by you or any other person. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We have the right to refuse or cancel orders placed, including but not limited to orders where product(s) is listed at an incorrect price regardless of whether the order has been confirmed or your credit card charged.(iii) International Users
The Site is controlled, operated and administered by NeoCurly from our offices in the USA. If you access the Site service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
9) Copyright Infringement Claims
NeoCurly respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide NeoCurly the following information via email to firstname.lastname@example.org
(i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is infringing is located on the site;
(iv) Your address, telephone number, and email address;
(v) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
NeoCurly designated Copyright Agent to receive notifications of claimed infringement is:
DMCA Agent c/o NeoCurly Co., 701 N Glenville Dr. Suite 500. Richardson, TX 75081; email@example.com; any other feedback, comments, requests for technical support, and other communications should be directed to our customer service. You acknowledge that if you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid. After receiving a claim of infringement, we will process and investigate the claim and will take appropriate actions under the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will take reasonable steps promptly to notify the user that we have removed or disabled access to such material.
10) Term and Termination
11) Linked Third Party Websites Links
You may be able to link to third party websites, services or resources on the Internet from the Site, and third-party websites, services or resources may contain links to the Site (collectively, "Linked Sites"). We are not responsible for the content, availability, advertising, products, services or other materials of any such Linked Sites, or any additional links contained therein, and our inclusion of links to the Linked Sites on the Sites does not imply that we endorse or approve of any materials contained on, or accessible through, the Linked Sites. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. Some of the functionality may be provided by third parties and the Services may link to other third party websites that are not controlled by NeoCurly. These third parties are not under our control and NeoCurly is not responsible for their privacy policies or practices. If you provide any personal information to any third party or through any such third party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.
12) Co-Promotions Sponsorship's and Partnerships
NeoCurly may display advertisements for the goods and services of a third party on the NeoCurly Sites, including in connection with co-promotions, sponsorship's and other similar partnership arrangements. NeoCurly does not endorse or represent and is not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such goods or services advertised, promoted or displayed on this NeoCurly Site.
NeoCurly Sponsored Events: You may be invited or asked to attend NeoCurly-sponsored events or events held by other members and users of this Site which are not in any way associated with NeoCurly at various locations throughout the United States (collectively, “Events”). Your participation in any Events is at your own risk and you agree to release and hold NeoCurly, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees harmless from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, any injury or death to you or your minor children, resulting from attending the Events or participation in any activities available at the Events. You also agree that we may film and record any of the Events sponsored by NeoCurly in which you or your minor children participate and you hereby agree that such films and recordings shall be owned by NeoCurly and we may use your or your minor children name, likeness, voice, performance and other activities in which you or your minor children engage for any advertising, promotional or other lawful purpose in any and all media now or hereafter known throughout the world in perpetuity without notice, approval or compensation to you or any third party.
13) Referral Programs and “Refer-a-Friend” Opportunities
The NeoCurly Site may offer referral programs that permit you to submit information about other persons (each, a “Referred Person”), including, without limitation, U.S.-based email addresses, mobile telephone numbers, names, street addresses and other contact information so they may receive information and/or promotional offers concerning the NeoCurly products and services. You may only refer persons with whom you have a personal relationship. You must have obtained the consent of the Referred Person prior to providing us with his or her contact information. We reserve the right to limit the number of Referred Persons you can submit. We reserve the right to limit the number of transmissions to any particular Referred Person from time to time. You may not withdraw the contact information you provide for a Referred Person once it has been submitted. A Referred Person must be a permanent, legal resident of the continental United States, at least 18 years old Legal age or codified age and be able to register for the NeoCurly Products and services, or otherwise use the NeoCurly Products and services. The contact information for a Referred Person must be valid and functioning in order for us to contact him or her about the NeoCurly Products and services. We will not be responsible for validating the contact information you provide. We may elect NOT to communicate with any Referred Person and/or e-mail address if he/she/it appears to be on any of our “do not contact” or “do not e-mail” lists. In addition, we reserve the right to reject the participation of any Referred Person if (a) the contact information provided by you is incorrect or not valid, (b) such individual has violated any provision of these terms or conditions, or (c) we determine in our sole discretion that the participation of such individual might be harmful to us, this NeoCurly Site, any NeoCurly Products and services, or any third party for any reason. We specifically disclaim any liability for exercising such right. We may, at our discretion, send you a confirmation using any means available through the NeoCurly site including email, text and other forms of messaging, to inform you that the Referred Person has registered for the NeoCurly site, Products and services. If we send the confirmation to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with any such access (including text messaging charges in connection with messages to your mobile device). If you misuse any referral program or otherwise engage in improper behavior with respect to a referral program, as we determine in our sole discretion, we reserve the right to discontinue the NeoCurly Products and services to you. We may from time to time offer incentives or rewards in connection with a referral program, and any such incentive or reward programs shall be subject to Additional Terms which will be posted at the time such programs become available and will be deemed incorporated into, and subject to, this Agreement. We reserve the right, in our sole discretion, to suspend, temporarily or permanently, or cease to provide any and all referral programs without notice, reason or liability. If you are using the NeoCurly site to communicate to a Referred Person (or any third party), you agree not to use such NeoCurly site to harm the Referred Person or any other third party, and/or use such NeoCurly site in violation of any applicable laws, rules or regulations or the terms and conditions of this Agreement.
14) Governing Law and Jurisdiction
Certain portions of this section are deemed to be an arbitration agreement (a written contract in which two or more parties agree to settle a dispute outside of court) pursuant to the Federal Arbitration Act. You and NeoCurly agree that we intend that this Section satisfies the arbitration agreement writing requirement of the Federal Arbitration Act. In order to expedite and control the cost of disputes, you and NeoCurly agree that any legal or equitable claim relating to use of this Site or the purchase of any NeoCurly product from this Site (referred to as a “Claim”) will be resolved as follows:
(i) Informal Resolution: You and NeoCurly will first attempt to resolve any Claim informally. In the event that any dispute between NeoCurly and you arises out of or relates to these Terms, the applicability of these Terms to the use of any NeoCurly Site, or purchase of any NeoCurly products from this Site, or to breach or enforcement, interpretation or validity of these Terms, you and NeoCurly agree to try to promptly resolve any such dispute informally.
If you and NeoCurly cannot resolve a Claim informally, any Claim asserted by either party will be resolved only by binding Arbitration. By agreeing to Arbitration, both you and NeoCurly understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and NeoCurly each agree to settle disputes (except certain small claims) only by Arbitration. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms as a court would. Any and all disputes arising between you and NeoCurly must be resolved by final and binding arbitration. This includes any and all disputes based on any product, service or advertising connected to the provision or use of the site (whether based in contract, statute, regulation, ordinance, tort - including, but not limited to, negligence, fraud, any other intentional tort or common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory - and whether arising before or after the effective date of these terms. The Federal Arbitration Act (“FAA”) shall govern the adjudication of all disputes between NeoCurly and you regarding these Terms (and any Additional Terms) and the Site, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. NeoCurly and you agree, however, that the state of Texas or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and NeoCurly regarding these Terms and the Site, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to the state of Texas’s choice of law principles. A Dispute will be resolved solely by binding arbitration in accordance with the then-current Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, except as modified herein, and in accordance with the American Arbitration Association Supplementary Procedures for Consumer Related Disputes. The arbitration will be administered by the AAA. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require NeoCurly to pay a greater portion or all of such fees and costs in order for this Section to be enforceable, then NeoCurly will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a logical award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. Issues relating to the enforceability of the arbitration and class action waiver provisions contained herein are for the court to decide. This arbitration provision shall survive termination of these Terms or the Site.
(iii) Injunction: The foregoing provisions of this Section will not apply to any legal action taken by NeoCurly to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Site, any Content, your User-Generated Content and/or NeoCurly’ intellectual property rights, NeoCurly operations, and/or NeoCurly's products or services.
(iv) No Class Action: THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. You and NeoCurly agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding or as an association. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated.
(iv) Limited Time to File Claims: To the fullest extent permitted by applicable law, if you or we want to assert a dispute (but not a excluded dispute) against the other, then you or we must commence it (by delivery of written notice as set forth in section within one year after the dispute arises or it will be forever barred. Commencing means, as applicable (a) by delivery of written notice as set forth above in this Section (b) filing for arbitration with the AAA as set forth in this Section; or (c) filing an action in state or Federal court. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to the Disputes.
THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, BY ACCESSING OR USING THE WEBSITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. Therefore, to the fullest extent permissible by law, NeoCurly and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “NeoCurly Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(i) Site Content and the User-Generated Content;
(ii) Site functions, features, or any other elements on;
(iii) Products, services, or advice, instructions offered or referenced at or linked through the Site;
(iv) Security associated with the transmission of your User-Generated Content transmitted to NeoCurly via the Site;
(v) Site safety or the servers that make the Site available are free from any harmful components including viruses, Trojan horses, and other technologies that could adversely impact your Device;
(vi) Information on the Site is accurate, complete, correct, adequate, useful, timely, or reliable;
(vii) Any defects to or errors on the Site will be repaired or corrected;
(viii) Availability and access to the Site will be uninterrupted;
(ix) Use of the Site is lawful in any particular jurisdiction.
NeoCurly PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.17) Limitation of Liability
SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:
(i) YOUR USE OF OUR WEBSITE;
(ii) YOUR USE OF PRODUCTS;
(iii) ANY CORRUPTION OR LOSS OF DATA;
(iv) ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON WHATSOEVER);
(v) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY
(vi) RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;
(vii) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS, OR REVENUE;
(viii) ANY LOSS OF REPUTATION OR GOODWILL;
(ix) ANY LOSS OF SAVINGS;
(x) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR
(xi) ANY OTHER SECONDARY, CONSEQUENTIAL, OR INDIRECT LOSSES.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Richardson, Texas before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which NEOCURLY CO.’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you have any questions regarding these terms and conditions, please contact us by any of the following means;
Toll-Free: 1 (877) 636-2875