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2. Acceptance of Terms
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
Waiver and Severability
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.