1. Introduction

Welcome to the Terms of Use for CureDiva.com (the "Site"), a service of CureDiva Ltd. (“CureDiva” or "us" or "we"). The Service is offered to you, the user of this Service (“You” or “Your”).

2.  Acceptance of Terms

By accessing or using the site, you agree to comply with and be bound by these terms of use (“terms of use” or “tou”), and you consent to the collection, use and disclosure of information as described in these terms of use and our privacy policy. Please read these terms of use and curediva's privacy policy carefully. If you do not agree to these terms of use and our privacy policy, you must immediately terminate your use of the site and discontinue any use of the site and any of its content.  Your use of the site shall be deemed to be your agreement to abide by each of the terms set forth below. CureDiva may change these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Site after any changes have been posted will constitute your agreement to the modified Terms of Use. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using it.

3. Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy.  By using this site you consent to the processing described therein and warrant that all data provided by you is accurate.

4. Using CureDiva.com

This Site, including its tools, applications and services are intended solely for access and use by individuals who are at least eighteen (18) years old and above. You represent that you will provide true, accurate, current, and complete information when submitting information or materials on this Site. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site.

Your Warranties about Use: You warrant to us that you will not purchase any products through the Site which may be harmful based on your allergies and/or other medical conditions. You warrant to us that you will properly investigate whether the ingredients of a particular product are suitable for you.

Member Account: CureDiva may require that you have a password and username to enable you to use and access certain portions and features of this Site. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your password, including without limitation, all communications and all financial obligations incurred through the use of our Site. You agree to (a) immediately notify CureDiva of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CureDiva cannot and will not be liable for any loss or damage arising from your failure to keep your password secure or to comply with any other provision under this Terms of Use.

Termination of Service: You agree that we may, with or without cause, immediately terminate your account and access to our Site and Services without prior notice.

License Grant

CureDiva hereby grants you a personal, revocable, limited, royalty-free, non-transferable and non-exclusive license to access and use the Site, only for the purpose of browsing content and shopping for products.

Users may not use the Site for any commercial use or use on behalf of any third party. You may print and download materials and information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

Restrictions

Unless otherwise expressly stated in these Terms of Use, you may not reproduce, modify, translate, create derivative works of, copy, distribute, display, remove or alter any proprietary notices or labels from, lease, sell, sublicense, clone, transfer, decompile, reverse engineer, or incorporate into any information retrieval system (electronic or mechanical) or otherwise exploit this Site or any portion of it by any means, without expressly permitted by CureDiva.

Further, You may not (1) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, lease, license, rental, subscription, or any other commercial distribution mechanism. You also may not "mirror" or "frame" any material contained on the Site on any other server, (2) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (3) ) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.

You shall not upload to, distribute, or otherwise publish on our Site any content, or other material that (a) you do not have a legal right to make available or that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party; (b) is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (c) transmit or distribute a virus, Trojan horse, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, (d) advertises or solicits business, or (e) impersonates another person.

Any breach of these Terms of Use may result in the immediate revocation of the license granted above, without notice to you.

Proprietary Rights and Limitations on Use

The intellectual property rights in all software and content made available to you on or through this Website remains the property of CureDiva or its licensors and are protected by copyright laws and treaties around the world. You expressly acknowledge and agree that This Site contains proprietary material and CureDiva transfers no ownership or intellectual property interest or title in this Site to you or anyone else. This content includes, without limitation, (i) the CureDiva trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification; and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the CureDiva site. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any CureDiva Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from us or the owner of such content if CureDiva is not the owner.

You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this site nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

All product sales from the Sites are governed by any terms that may be posted on the Site. You should refer to our return policy and shipping terms. By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

On-line Purchases and Additional terms

Additional terms and conditions may apply to the purchase of products, receipt of services, participation in a particular program, user registration with the Site, and/or to other specific portions or features of the Site, all of which are made a part of this Terms of use by this reference. You agree to abide by all such other terms and conditions. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern.

Products and Services of Third Parties

Third parties feature materials, programs, products, and services posted on the Site. CureDiva makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, and reliability of such third-party materials, programs, products, and services. Any correspondence or dealings with such third parties on this Site is solely between you and such third party. You agree that CureDiva shall not be responsible for any loss or damage incurred as a result of any such dealings or as the result of the presence of such third parties on this Site. 

Links to Third Party Sites

As a convenience to you, this Site contains links to websites maintained by third parties. You acknowledge and agree that CureDiva has no control over such sites and is not responsible for the information, products, and services of such external sites, and does not endorse and is not responsible or liable for any information, products, and services on or available from such sites. Accordingly, CureDiva expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. You acknowledge and agree that CureDiva shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such materials or goods available on or through any such sites.

Third Party Information

This site may feature information, products and services provided by third parties. CureDiva or its affiliates do not endorse, and expressly disclaims any responsibility or liability for any content, submissions, opinion, information, materials and/or the quality of the products provided by or available through this Site, by parties other than CureDiva. You acknowledge that by using this Site you may be exposed to information that is inaccurate or unreliable or material you find objectionable, and in this respect your use of the Site and your reliance upon any such third party information or material is at your own risk.

CureDiva Community Areas

Submission of material

You own all of the content and information you post on CureDiva.com and the Blogs section of the site.

In addition:

CureDiva does not claim ownership of content that you post on or through the site. You acknowledge that you are fully responsible for the information, profiles, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Site (each a "Submission") and through the services available in connection with the Site, and that you, and not CureDiva, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership.

For content that is covered by intellectual property rights, like photos and videos (“IP content”), you must ensure that you either own all IP rights or otherwise in a position to grant CureDiva a sub-licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license ("License") to (in any media or technology) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that CureDiva is not obliged to publish any material submitted by you on any CureDiva publication.

Submissions shall be considered non-confidential and CureDiva has no obligation to treat such Submissions as proprietary information except pursuant to CureDiva’s privacy policy applicable to personally identifiable information. Subject only to the licenses granted in these Terms Of Use, you retain ownership of any copyrights or other IP rights in your submissions.

You further agree that you will not upload, post or otherwise make available on the Site any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that your Submission is accurate and not misleading and you agree not to, without limitation: Use racially or otherwise offensive language; Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; Use explicit/obscene language or solicit/post sexually explicit images.

This list of prohibitions provides examples and is not complete or exclusive. CureDiva reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Site (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that CureDiva determines is inappropriate or disruptive to this Site or to any other user of the Sites and/or services.

Medical Disclaimer

CureDiva makes no representations or warranties in relation to the medical information on this website. None of the content on this Site should be considered medical or psychological advice. Reliance on any information appearing on this Site is solely at your own risk.

All information contained on the Site is intended for informational purposes. The information is not intended nor suited to be a replacement or substitution for professional medical treatment or for professional medical advice relative to a specific medical question or condition. Always seek the advice of your physician or other qualified health care provider with any questions you may have regarding a medical condition or treatment and before undertaking a new health care regimen, and never disregard professional medical advice or delay in seeking it because of something you have read on this site.

Discussion forums - Statements made in the Site (e-mails and forums) reflect only the views of their authors. Further, no communications among forum participants should be considered as medical or psychological advice. CureDiva assumes no liability for the accuracy or outcomes of any suggestions, advice or other information provided by those posting on the Site forums. Any stated or implied credentials of a forum participant should be confirmed. Anyone can join this forum and represent him or herself as having qualifications and credentials they do not have, or being someone they are not. This forum does not replace the need for you to visit with your doctor! All treatment decisions should only be made after discussion with your personal health professional, and no changes in your treatments should be made based on any information found on this site. CureDiva staff does not monitor the forums, but they may occasionally answer a question or post an article as they see fit. The information posted by CureDiva must be recognized as personal opinions only based on their experience and is not medical or psychological advice and should not be taken as such.

Disclaimer of Warranty

Curediva.com endeavors to provide the most accurate, up-to-date, and reliable information, services, programs, products, software, and materials available. the site and content (information, services, programs, products and materials) are provided on an "as-is" and "as available" basis. Curediva, its affiliates, subsidiaries, officers, directors, employees, or shareholders, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. specifically, curediva make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the content, software, text, graphics, tools, links, or communications provided on or through the use of the site.  

In addition, to the maximum extent allowable by applicable law, curediva and its subsidiaries, affiliates, officers, directors, employees and shareholders specifically disclaim all liability resulting from personal injury and/or death resulting from, or arising out of, your use or consumption of products obtained from sellers through the site or in connection with the services.

Such disclaimer shall include, without limitation, mislabeling of products and/or ingredients. In any such situation, your sole recourse shall be against the Seller who supplied you with the product through the Site.

Without limiting the foregoing, we do not guarantee continuous, uninterrupted or error-free access to the Site or the Services, and we will not be liable for the consequences of any interruptions or errors.

The information and materials provided through this Service includes information about medications and forms of treatment that are general in nature and do not cover all possible uses, actions, precautions, side effects, or interactions of any medicines or treatments, nor is the information intended as medical advice for individual problems or for making an evaluation as to the risks and benefits of taking a particular medicine or form of treatment. The text that may be displayed on the Service at any one time may contain only a portion of relevant information.

Limitation of liability

In no event will curediva or its affiliates, partners, officers, directors or employees be liable to you or anyone else for any decision made or action taken by you in reliance on any content at the site. Under no circumstances shall curediva.com or any of curediva affiliates, partners, officers, directors or employees be liable to you or anyone else for any damages whatsoever (including, without limitation, consequential, special, incidental, indirect, punitive or similar damages, personal injury/wrongful death, lost profits), in connection with or resulting from: the use or inability to use the site, including its materials, products, or services, or third-party materials, products, or services made available through this site; any loss of data or any equipment failure; the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the site; irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise,  and whether or not curediva is advised of the possibility of such damages.

Some states do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. Not with standing the foregoing, total liability of curediva for any reason whatsoever related to use of this site shall not exceed the total amount paid by you to curediva in connection with the subject matter of the particular dispute.

Indemnity

You agree to defend, indemnify, and hold harmless CureDiva and its affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) made by any party relating to or arising from your use of this site or any breach by you of this TOU.

Governing Law

This Terms of Use shall be governed by and construed in accordance with the substantive laws of the United States, and the State of Florida, without any reference to conflict-of-laws principles.

Entire Agreement

This Terms of Use and any Additional Terms or Conditions incorporated by reference, describes and encompasses the entire agreement between you and CureDiva relating to the Site and its use by you, and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site.

Waiver and Severability

The failure of CureDiva to exercise or enforce any right or provision in this Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.