Terms and Conditions of Use Agreement

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING CURBUP. CurbUp owned websites and all content, information, tools and services accessible through them (hereby referred to as "CurbUp" or “Website”) are made available by CurbUp LLC and may be used only under the following terms and conditions.

 

By accessing CurbUp or its information, tools or services, you (the “User”) acknowledge that you have read this Agreement, understand it and agree to be bound by its terms and conditions. You also acknowledge that you have read and understand the Privacy Policy. If you do not agree to these terms, you should not use or access CurbUp. If you secure other services from CurbUp LLC, the terms and conditions that you enter into as part of those services, together with this Agreement, will govern your use of CurbUp and your relationship with CurbUp LLC

 

License
Grant. If User is a merchant, then User is granted an exclusive, non-transferrable, revocable, limited license to access and use CurbUp for commercial use only, unless otherwise specified. If User is a consumer, then User is granted a non-exclusive, non-transferrable, revocable, limited license to access and use CurbUp for personal, non-commercial use only, unless otherwise specified. CurbUp LLC may terminate this license without notice at any time and for any reason.

 

Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use CurbUp or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with CurbUp LLC's prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). User may not alter or modify information and services provided through CurbUp in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of CurbUp or any information about usage or users. User may not use any robot, spider, other automatic device or manual process to access, monitor or copy CurbUp or any content thereby or therein without CurbUp LLC's prior written permission.

 

Copyright and Trademarks
All materials on the Site, including without limitation text, images, software, audio and video clips, databases, user product reviews and ratings, Subscription-Based Services and other Website services and products (collectively and individually, the "Content") are owned or controlled by CurbUp LLC or a third-party provider. The Website and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws. You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of CurbUp LLC. You agree not to use any trademarks, service marks, names, logos, or other identifiers of CurbUp or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of CurbUp or the relevant Affiliate, or as provided in other applicable clause of this or related service agreement. User acknowledges that CurbUp LLC is protected by copyrights, trademarks, service marks, patents, trade secret and other applicable rights and laws.

 

Registration
Certain sections of CurbUp may require registration to access and use information and services. If User elects to register, User agrees to provide CurbUp LLC with accurate, complete registration information. User will inform CurbUp LLC of any changes to registration information. User warrants that registration is for a single person, single household or, where expressly permitted, a single business, (each hereafter referred to as the “Registered Entity”) and that User will not permit anyone other than the Registered Entity to access and use sections of CurbUp requiring registration using User's name and password. User is responsible for all access to and use of CurbUp through User's name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify CurbUp LLC immediately of any unauthorized use of User's name and password, or if User suspects the privacy of User's name and password has been jeopardized.

 

Publication of Content Posted to CurbUp
This section refers to data and information a User chooses to publish on or with CurbUp. Personal information submitted to CurbUp not considered Posted Content is governed by Privacy Policy.

 

Grant of License. User agrees that, by publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials ("Posted Content") to CurbUp LLC including, but not limited to messages posted in forums, product comments, Website feedback, product catalogs or community pages on CurbUp , User automatically grants, or warrants that the owner of the following rights has expressly granted, to CurbUp LLC, a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Content, and incorporate Posted Content into any medium or technology, now known or later developed.

 

Lawful Use Only. User will not publish, upload, submit or distribute any Posted Content on CurbUp which are unlawful or abusive in any way, including but not limited to Posted Content that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. CurbUp LLC may delete any of User's Posted Content at any time, without User's permission.

 

Attributed & Truthful. Posted Content submitted for publication on CurbUp may be accompanied by User's name. User warrants that such Posted Content will not misrepresent his or her identity or affiliation with any person or entity.

 

No CurbUp LLC Obligation to Monitor. CurbUp LLC has no obligation to edit, monitor or screen Posted Content and is not responsible for the content in, or linked to or from, Posted Content. User understands and acknowledges that User remains legally responsible for any damages claimed due to User’s posted content. Though not obligated to do so, CurbUp LLC reserves the right to delete any of User's Posted Content anytime, for any reason without User's permission or knowledge.

 

Commercial Use Prohibited. Services on CurbUp that allow User to contact, communicate or interact with other users, CurbUp LLC affiliates or customers are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Content delivered through CurbUp without the express written permission of CurbUp LLC

 

No Legal Advice or Medical Advice; No Practice of Law or Medicine.
Content provided by CurbUp LLC is for informational purposes only and is not to be considered as legal or medical advice. Therefore, you should not rely upon any information published on CurbUp or by other services offered by or for CurbUp for any purpose without seeking legal advice from a duly licensed, competent attorney, and/or medical advice from a duly licensed, competent physician.
User acknowledges that under no circumstances is CurbUp LLC, its agents, affiliates or customers, providing legal or medical advice or representation through CurbUp , and that nothing on CurbUp is intended as a substitute for legal advice from a licensed attorney or medical advice from a licensed physician.

 

Third Party Content.
Third party content, messages and services may appear on CurbUp or may be accessible through links from CurbUp. CurbUp LLC is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from CurbUp. User acknowledges that the information and opinions in the third party content are not endorsed by CurbUp LLC and may not reflect the beliefs of CurbUp LLC

 

Advertisers & Sponsors.
User acknowledges that CurbUp may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on CurbUp is accurate and complies with any and all applicable laws. User agrees that CurbUp LLC will not be responsible for the illegality or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers or sponsors.

 

DISCLAIMER OF WARRANTIES ANY AND ALL INFORMATION, CONTENT, TOOLS OR SERVICES OFFERED BY OR THROUGH CURBUP LLC, including but not limited to product information, company ratings, company deal alerts, company text messages, reports, CurbUp alerts, search and monitoring services, ARE PROVIDED "AS IS," WITHOUT GUARANTEE OF ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. Information, content, tools or services may not reflect the most current developments and are subject to change at any time. CurbUp LLC, including its employees, officers, directors, affiliates and/or contributors expressly disclaim all warranties, express or implied, including but not limited to, warranties of performance, merchantability, fitness for a particular purpose, accuracy, omissions, completeness, currentness and delays. CurbUp LLC FURTHER disclaims all liability with respect to actions taken or not taken based upon information EXPRESSED OR IMPLIED or with respect to any errors or omissions in such information. CurbUp LLC makes no warranty that access to CurbUp or any portion thereof, including tools, services and widgets, will be uninterrupted, secure, complete, error free, or that defects will be corrected. CurbUp LLC, including its employees, officers, directors, affiliates and/or contributors, disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (a) the access or use of CurbUp , including both CurbUp LLC and third party content, tools and services delivered through CurbUp or other outlets, (b) the access or use of third party web sites and content or services therein through links in CurbUp or other outlets, (c) the unavailability of CurbUp or any portion thereof, or (d) User's use of equipment and software in connection with access and use of CurbUp  or its tools or services. THE ENTIRE RISK AS TO USE, RESULTS OF USE AND THE PERFORMANCE OF DATA, INFORMATION, TOOLS AND SERVICES IS HEREBY ASSUMED BY USER.

 

LIMITATION OF LIABILITY
Remedy. User's exclusive remedy for CurbUp LLC’s, its employees, officers, directors, affiliates and/or contributors' entire liability under this Agreement, if any, for any claim for damages, whether directly or which are made against them, individually or jointly, whether based in contract or negligence or otherwise, shall be limited to the aggregate amount of charges paid by user relative to the specific CurbUp LLC feature which is the basis of the claim during the 12 month period preceding the event giving rise to such claim. In no event shall CurbUp LLC, its employees, officers, directors, affiliates and/or contributors be liable to User for any claim relating in any way to (a) User's inability or failure to use CurbUp, its tools or it services properly or completely, even if assisted by CurbUp LLC, its affiliates or contributors, or (b) any decision made or action taken or not taken by User in reliance upon CurbUp LLC information, tools or services; or (c) any lost profits or other consequential, exemplary, incidental, indirect or special damages or fines or fees relating in whole or in part to user's rights under this agreement or use of, or inability to use CurbUp , even if CurbUp LLC, its affiliates and/or contributors have been advised of the possibility of such damages. CurbUp LLC shall have no liability whatsoever to user for any claim relating in any way to any third party content or feature.

 

Limitation of Claims. No claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.

 

Modifications to Terms of Use
CurbUp LLC reserves the right to modify this Agreement at any time. Updated versions of the Terms and Conditions of Use will appear on CurbUp and become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the Terms and Conditions of Use. Continued use of CurbUp  by User after any such modification of this Agreement constitutes User's assent to such modifications.

 

Transfer and Reassignment of Agreement
In the event that CurbUp LLC, or a portion thereof, is acquired by or merged with a third party entity, CurbUp LLC reserves the right, to transfer or assign the information submitted by Users as part of such merger, acquisition, sale, or other change of control. This Agreement may in whole or in part be transferred to the third party entity or may be terminated without prior notice.

 

Entire Agreement
This Agreement embodies the entire understanding between User and CurbUp LLC with respect to the subject matter herein, and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter.

 

Force Majeure
CurbUp LLC's performance under these Terms and Conditions of Use are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.

 

Severability
Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.

 

General Provisions
This Agreement will be governed by and construed under the law of the state of Illinois, U.S.A. without regard to conflicts of law provisions. The parties agree that the state and federal courts sitting in Cook County, Illinois will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts.

 

Questions or Concerns
Please email questions or concerns to info@CurbUp.com