THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND CUREMETRIX, INC. (“CUREMETRIX”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE OUR SERVICES THROUGH CUREMETRIX.COM (THE “SITE”). BY USING SITE, YOU ARE AGREEING TO ALL OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE.
CureMetrix may make changes to the Site or any part thereof at any time. CureMetrix may change, update, add or remove provisions of these Terms at any time by posting the updated terms on the Site. By using the Site after CureMetrix has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
Intellectual Property and License to Use the Site and App.
The Site, including, without limitation, designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”), is the intellectual property of CureMetrix and/or its licensors, and is protected by United States and international copyright laws and international treaties. Except as expressly stated herein, these Terms do not grant you any intellectual property rights in the Site, and all rights not expressly granted are reserved by CureMetrix and its licensors. You shall not modify, adapt, translate, or create derivative works based upon the Site. You shall not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code for the Site.
CureMetrix hereby grants you a limited, personal, non-exclusive and non-transferable license to access the Site and to use and to display the Materials solely for your use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner, or use the Site or Materials other than for their intended purpose.
Alleged Copyright Violations
It is the policy of CureMetrix to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of transmissions or postings that violate these rules or believe your copyrighted work has been inappropriately use or made accessible through the CureMetrix Site, please notify CureMetrix in email, as provided below.
Links to Third Party Sites
The Site may contain links to third-party websites or resources that are not owned or controlled by CureMetrix. You acknowledge and agree that CureMetrix is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. CureMetrix does not control nor does it review, research, verify, validate or approve the third-party sites to which the Site may be linked. Such links, therefore, do not imply any endorsement by CureMetrix of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
CureMetrix, the CureMetrix logo, and all custom graphics, page headers, button icons, proprietary product and service names, and trade dress are either trademarks or registered trademarks of CureMetrix and/or its licensors in the United States and/or other countries, and may not be used, in whole or in part, without the prior written permission of CureMetrix.
Disclaimer of Warranties
THE SERVICE IS DELIVERED OR PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND CUREMETRIX AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CUREMETRIX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, ITS USE OR ANY RESULTS GENERATED THEREFROM ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. NEITHER CUREMETRIX NOR ITS LICENSORS OR SUPPLIERS REPRESENT OR WARRANT THAT THE SERVICE OR CUREMETRIX’S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THESE TERMS, BUT THIS SHALL NOT IMPLY OR CREATE ANY CONTINUED RIGHT TO USE THE SERVICE AFTER TERMINATION HEREOF.
Limitation of Liability
IN NO EVENT SHALL CUREMETRIX, ITS LICENSORS, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHER FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE, EVEN IF CUREMETRIX KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF, OR COULD REASONABLY HAVE PREVENTED, SUCH DAMAGES. THE LIMITS IN THIS SECTION ARE ENFORCEABLE UNLESS OTHERWISE SPECIFICALLY EXCLUDED OR LIMITED BY LAW.
Applicable Law and Order of Precedence
These Terms and your use of the Site shall be governed by and interpreted in accordance with the laws of the State of California without giving effect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are specifically disclaimed. Any action arising out of or relating to these Terms shall be brought only in the state and federal courts located in San Diego County, California, and you hereby submit to the jurisdiction of such courts. Notwithstanding the foregoing, CureMetrix may seek injunctive relief in any court of competent jurisdiction, without posting bond, to enjoin any breach of these Terms, in addition to any other rights or remedies CureMetrix may have available at law or in equity.
CureMetrix reserves the right to temporarily suspend or terminate your access to all or any part of the Site at any time in CureMetrix’s sole discretion, with or without notice. If any provision of these Terms or the application of such provision to any person or circumstance shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of these Terms or the application of such provisions, as applied to other persons, places and circumstances, shall remain in full force and effect.
All notices, requests, demands or other communications to CureMetrix required under this Agreement shall be made in writing and shall be deemed to have been duly given on the second day after mailing if mailed to the address below by certified mail, postage prepaid or via overnight carrier with delivery confirmation, and properly addressed to:
6440 Lusk Blvd, D206
San Diego, CA 92121
If you have any questions about these Terms or otherwise need to contact CureMetrix for any reason, you can reach us at [email protected].