BINDING EFFECT OF THIS AGREEMENT. This terms of use is a binding agreement ("Agreement"). Curious Labs Ltd. ("curiouslabs.co," "us," or "we") is the owner of the Internet site located at www.whypayall.com, its subpages, or associated mobile application (the "Site" or whypayall.com) or any services provided in connection with the Site (the "Services"), you agree to abide by these Terms of Use, as they may be amended by curiouslabs.co," "us," or "we") from time to time in its sole discretion. curiouslabs.co will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site.
YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD, THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT AND THE YOUR ARE NOT BARRED FROM RECEIVING PRODUCTS OR SERVICES UNDER APPLICABLE LAW.
BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
This Agreement is organized as follows:
ABOUT THIS SITE
PRIVACY POLICY
OWNERSHIP OF THE SITE
PROHIBITED USES OF THIS SITE
ACCESS TO THIS SITE
USE OF SOFTWARE FROM THE SITE
SPECIAL OFFERS, SWEEPSTAKES, GIVEAWAYS, AND/OR PROMOTIONS
SCHOLARSHIPS
AFFILIATED SITES AND LINKS TO THIRD PARTY SITES
curiouslabs.co 'S INTELLECTUAL PROPERTY
USER GENERATED CONTENT AND DMCA PROCEDURES
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
NO UNSOLICITED IDEAS
NO WARRANTIES
RELEASE
LIMITED LIABILITY
INDEMNIFICATION
FORCE MAJEURE
ASSIGNMENT
ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
CLASS ACTION WAIVERS
NO JURY TRIAL
CHOICE OF LAW
INJUNCTIVE RELIEF
SEVERABILITY; WAIVER
CALIFORNIA USE ONLY
MODIFICATIONS
------------------
1. ABOUT THIS SITE
whypayall.com is a leading coupon platform providing thousands of offers daily from the world's largest brands and retailers owned by curiouslabs.co. This Site is a platform through which third party merchants make available coupons, promotional codes, giveaways, samples, and offers for software downloads ("Coupons"), and otherwise make available certain offers to save you money and provide a smooth shopping experience in doing so.
2. PRIVACY POLICY
curiouslabs.co respects your privacy and permits you to control the treatment of your personal information. We encourage you to carefully review our Privacy Policy to learn and chose how we may collect, use and share person data. whypayall.com's Privacy Policy is expressly incorporated into this Agreement by this reference.
A complete statement of whypayall.com's current Privacy Policy can be found by clicking here.
3. OWNERSHIP OF THE SITE
The Site, any content on the Site, and the infrastructure used to provide the Site are proprietary to curiouslabs.co. By using the Site, you agree:
You grant curiouslabs.co a non-exclusive, royalty free, perpetual, irrevocable and worldwide license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other User Generated Content ("User Generated Content" or "USER GENERATED CONTENT") to the Site or Service, you are granting curiouslabs.co a non-exclusive, royalty free, perpetual, irrevocable and worldwide license to use User Generated Content in connection with the operation of the Internet business of curiouslabs.co, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Generated Content. You will not be compensated for any User Generated Content. You agree that curiouslabs.co may, but is not required to, publish or otherwise disclose your name in connection with your User Generated Content. By posting User Generated Content on the Site or Service, you warrant and represent that you own the rights to the User Generated Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Generated Content.
curiouslabs.co grants you a limited, personal, non-exclusive, non-commercial, non-transferable, revocable license to access and use the Site for your personal use and enjoyment in the manner permitted by these Terms of Use; and
You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Site without the express permission of curiouslabs.co.
4. PROHIBITED USES OF THIS SITE
By using the Site, you agree not to behave in conduct or omit conduct that:
is unlawful, and you acknowledge that the Services are intended only for lawful purposes and acknowledge that your failure to do so may subject you to civil and criminal liability;
is libelous, defamatory, obscene, pornographic, abusive, or threatening;
is purposely inaccurate, impersonates another, commits fraud, or falsifies information, or to create multiple whypayall.com accounts;
advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
incites violence against a person or thing;
violates or attempts to violate any security features of the Site or Service, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus, worms, malware, Trojan horses or other similar harmful code into the Site to the Site or Service, overloading, "flooding," "spamming," "mail bombing," or "crashing;" (iv) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) collecting or aggregating any current or previous content, information, email addresses or other information from the site without our express written permission, (vi) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by curiouslabs.co in providing the Site or Service; (viii) breaching security or authentication measures; or (ix) using meta tags or any other "hidden text" techniques or technologies without our express written permission;
uses the Site to advertise or solicit for any commercial, political, social or religious purpose or to compete, directly or indirectly with whypayall.com, including using the Site or any of its content to solicit other users of the Site, merchants or other business partners of whypayall.com to become users or partners of other competitive services, including, without limitation, aggregating current or previously offered coupons or deals;
uses the Site for commercial use or for any other unauthorized use of the Site, including through unauthorized publication, retransmission, distribution, performance, caching, cataloguing, aggregating or any other unauthorized use of the material found on the Site, ;
deep-links to any portion of the Site (including, without limitation, the purchase path for any Coupon) or hyperlinks to the Site without our express written permission;
accesses this Site or use the Services when unauthorized to do so, including for any purposes other than using the Services for your own use and enjoyment or as a gift for another person, pursuant to these Terms of Use;
uses, causes or allows others to use technological tools, including "crawlers", "scrappers", "spiders", "robots", "scripts", data mining, extraction tools or means of systematic retrieval, VPN services, or any other manually or automated software with similar functionality for any reason but particularly for your, or a competing businesses, benefit, to conduct research on user data or harvest or compile user data
uploads, downloads, displays, or otherwise distributes content that circumvent, interfere, hinder, impede, tamper or intervene with the Services, create fake accounts, or otherwise use this Site for a purpose outside of the scope of the intended Services;
uses this Site in contravention of any other agreement to which your are a party, including without limitation any employment agreement to which you may be a party;
resales or repurpose your access to the Site;
exceeds or attempts to exceed quantity or discount limits set by Merchants;
uses the Service in any other ways which would be contrary to these Terms of Use.
5. ACCESS TO THIS SITE
You may only create and hold one account on the Site for your personal use. You are responsible for updating and correcting information you have submitted to create and maintain your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. You agree that your are solely responsible for any activity that occurs under your account. To ensure that curiouslabs.co provides a high quality experience for you and for other users of the Site and the Service, you agree that curiouslabs.co or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. curiouslabs.co does not intend to disclose the existence or occurrence of such an investigation unless required by law, but curiouslabs.co reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if curiouslabs.co believes that you have violated any of the Terms of Use, furnished curiouslabs.co with false, inaccurate or misleading information, or interfered with use of the Site or the Service by others, or for any reason that curiouslabs.co deems appropriate.
curiouslabs.co reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. curiouslabs.co intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
6. USE OF SOFTWARE FROM THE SITE
curiouslabs.co may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and curiouslabs.co data (collectively, "Software") are deemed to be licensed to you by curiouslabs.co, for your personal, noncommercial, home use only. curiouslabs.co does not transfer either the title or the intellectual property rights to the Software, and curiouslabs.co retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.
7. SPECIAL OFFERS, SWEEPSTAKES, GIVEAWAYS, AND/OR PROMOTIONS
By participating in special offers, sweepstakes, giveaways, and/or promotions offered by whypayall.com you agree to these Terms of Use and the additional terms of each special offer, sweepstakes, giveaway, and/or promotion. Only persons over the age of 18 are eligible for entry to special offers, sweepstakes, giveaways, and/or promotions offered by whypayall.com. You may be asked, at any stage, to provide curiouslabs.co or a third party with proof of age and/or identity. Each entrant shall be entitled to make one (1) entry into the special offers, sweepstakes, giveaways, and/or promotions offered by whypayall.com. In the event that curiouslabs.co deems an entrant to have made multiple applications to enter a special offers, sweepstakes, giveaways, and/or promotions offered by whypayall.com, the entrant will only be counted as having one entry. curiouslabs.co reserves the right, at any time, to cancel, modify or suspend the special offers, sweepstakes, giveaways, and/or promotions if, in its sole judgment, the special offers, sweepstakes, giveaways, and/or promotions is not capable of being conducted as specified. These terms and conditions and any matters relating hereto shall be governed by, and construed in accordance with the laws of California and are subject to the additional terms and conditions contained in this Agreement.
8. SCHOLARSHIPS
Under certain conditions, curiouslabs.co also offers Cost Conscious Student Scholarship under its whypayall.com website. Eligibility requirements, directions for submission, and other rules and conditions are available at https://www.whypayall.com/scholarships. For questions, please contact [email protected].
9. AFFILIATED SITES AND LINKS TO THIRD PARTY SITES
curiouslabs.co may work with a number of partners and affiliates Internet sites. Because neither curiouslabs.co nor the Site has control over the content and performance of these partner and affiliate sites, curiouslabs.co makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and curiouslabs.co shall not be responsible for any inaccuracies, misrepresentations, product or service liability, offensive, infringing, libelous or illegal materials, lack of availability of other sites, information, promotions, products, or services, viruses or other computer problems resulting from use of such sites, or any liabilities resulting from the terms and conditions of other sites, nor will curiouslabs.co be responsible for the timing or operation of any expiration dates of coupons, promotions, discounts or other offers published on the Services, which are under the sole and exclusive control of the third party sites to which you will be transferred from the Services. . Specifically, while we endeavor to validate the accuracy of the coupons, promotions or offers that we publish on our Site, under no circumstances do we guarantee that any such promotions, offers or coupon will work or be consistent with the advertised content of these promotions, offers or coupons.
You may be transferred to online merchants or other third party sites through links or frames from this Site. Any purchases you make will be through other websites and from other companies. You are cautioned to read such websites' terms and conditions and all policies, including policies regarding sales, returns, warranties and privacy before using such sites in order to be aware of the terms and conditions of your use of such sites. Be sure to carefully evaluate and investigate such sites to your satisfaction. You are knowingly and voluntarily assuming all risks of using such sites to purchase goods and services and of using the coupons, offers and specials listed by the services. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. Specifically, we make no representation or warranty as to the accuracy or fitness of use of any offers, including, but not limited to, coupons, rebates, discounts and other offers posted on the Site. You agree that curiouslabs.co, its affiliates, officers, directors, employees, consultants, agents, and representatives shall have no liability whatsoever from such third party sites and your usage of them. You understand that any linking to or from the Services does not imply in any way that curiouslabs.co is endorsed by or has any particular relationship with any third party.
10. curiouslabs.co'S INTELLECTUAL PROPERTY
All rights, title and interest in the Site, including technology and trade secrets embodies therein, copyright, trademarks, patents, trade secrets, trade dress and other proprietary rights and any derivative works therefor shall belong solely and exclusively to curiouslabs.co. You acknowledge that the Services offered under the Site constitute a valuable trade secret and/or are the confidential information of curiouslabs.co. Nothing contained on the Site should be understood as granting you an ownership interest in the Site nor a license to use any of the copyright, trademarks, service marks, or logos owned by curiouslabs.co or by any third party unless expressly stated otherwise by this Agreement or the Site. All content and material included in the Site, including, without limitation, text, software, photos, video, graphics, typeface, music, data and sound, and the entire contents of the Site are protected by copyright, trademark, and other intellectual property laws of the United States. curiouslabs.co owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content of its Site. You are prohibited from actually or attempting to download, copy, modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, unless you are expressly allowed to do so under US copyright law. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
11. USER GENERATED CONTENT AND DMCA PROCEDURES
The Site may include User Generated Content such as reviews, opinions, advice, ratings, discussions, surveys and other User Generated Content. curiouslabs.co does not pre-screen or review User Generated Content and disclaims any warranty that it will edit, remove or continue to display any User Generated Content and any liability for the content of such User Generated Content or that it will edit, remove or continue to display any such User Generated Content. By posting any User Generated Content, you represent and warrant that you have all right, title and interest into such content, that such content is in the public domain or that your use of such content constitutes fair use. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such submission. curiouslabs.co shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor and disclose the identity of the user and circumstances surrounding the transmission to any third party, at any time and for any reason. In addition, curiouslabs.co has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services. curiouslabs.co has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of curiouslabs.co or of a third party, or otherwise violated any intellectual property laws or regulations. curiouslabs.co's policy is to investigate any allegations of copyright infringement brought to its attention.
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want curiouslabs.co to delete, edit, or disable the material in question, you must provide curiouslabs.co with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit curiouslabs.co to locate the material; (d) information reasonably sufficient to permit curiouslabs.co to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to curiouslabs.co's designated agent at:
Curious Labs Ltd.
Attn: Copyright Agent
OFFICE 749 182-184 HIGH STREET
NORTH, EAST HAM, LONDON
E6 2JA
Email: [email protected]
curiouslabs.co reserves the right to terminate your, or any third party's right to use the Site if such use infringes the copyright of another. All contents of Site or Service are: Copyright © 2019 curiouslabs.co. All rights reserved.
12. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding trademark ownership, copyright ownership, and all other applicable intellectual property laws. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any content does not violate any laws or third party rights rests solely with you.
13. NO UNSOLICITED IDEAS
curiouslabs.co does not accept, review, or consider, directly or indirectly, unsolicited ideas of any kind. Please do not send curiouslabs.co, its affiliates, officers, directors, employees, consultants, agents, and representatives any unsolicited ideas, suggestions, material, images, or other work in any form. If you send us unsolicited materials, you understand and agree that curiouslabs.co has no obligation to review these unsolicited materials or keep unsolicited materials confidential, and curiouslabs.co may use and redistribute, unsolicited materials for any purpose without restriction and free of any obligation to acknowledge or compensate you.
14. NO WARRANTIES
curiouslabs.co HEREBY DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS ABOUT ITS SERVICES. curiouslabs.co IS MAKING THE SITE AVAILABLE "AS IS" WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, curiouslabs.co EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THE SITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OR NON INTERFERENCE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. curiouslabs.co DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE. curiouslabs.co DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE CONTENT OF THE SITE, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, DISCOUNT OR OTHER AVAILABLE OFFERS. DESCRIPTION OF MERCHANT OFFERINGS, DISCOUNTS OR PROMOTIONS OR USER CONTENT PROVIDED THROUGH THE SITE.
15. RELEASE
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH MERCHANTS AND OTHER USERS OF THE SITES. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE curiouslabs.co FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY PRODUCT OR SERVICE OF A MERCHANT, ANY ACTION OR INACTION BY MERCHANT OR USER, INCLUDING MERCHANT'S FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
16. LIMITED LIABILITY
curiouslabs.co ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENT'S LIABILITY TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL curiouslabs.co, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, PRODUCT OR SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES (INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, YOUR INABILITY TO USE THE SITE, MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE SITE, THIS AGREEMENT, THIRD PARTY OFFERINGS, ANY IMPROPER USE OF INFORMATION YOUR PROVIDE TO THE SITE, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY curiouslabs.co. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. curiouslabs.co DOES NOT WARRANT THAT THE SERVICES OR FUNCTIONS CONTAINED IN curiouslabs.co CONTENT AVAILABLE VIA THE SERVICES, ITS SERVERS, OR E-MAIL SENT FROM curiouslabs.co ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. IN NO EVENT WILL curiouslabs.co'S LIABILITY IN CONNECTION WITH A COUPON, VOUCHER, PRODUCT OR SERVICE OFFERED ON ITS SITE EXCEED THE AMOUNTS PAID FOR THE APPLICABLE COUPON, VOUCHER, PRODUCT OR SERVICE.
17. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless curiouslabs.co, its advertisers, vendors, product and service providers, licensors, parents, subsidiaries and other affiliated companies, and their employees, contractors, members, managers, officers, shareholders, agents and directors from all liabilities, claims, losses, damages, obligations, costs, and expenses, including attorney's fees, that arise from or relate to (a) your use of and access to the Site, or any services, information or products from the Services; (b) your violation or breach of any of the terms of this Agreement or your representations and warranties; (c) your violation of the rights of any third party, including but not limited to any copyright, trademark, property, or privacy right; or (d) any claim that one or more of your submissions to the Services has caused damage to a third party. This defense and indemnification obligation will survive your use of the Services. curiouslabs.co reserves the right to assume the exclusive defense and control of any claim for which we or any of the indemnities listed above are entitled to indemnification hereunder. In such event, you shall pay all fees and costs for such defense and shall provide us with such cooperation at no charge as is reasonably requested by us to assert any available defenses.
18. FORCE MAJEURE
curiouslabs.co shall be excused from performance under this Agreement, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of curiouslabs.co.
19. ASSIGNMENT
You may not assign this Agreement, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of curiouslabs.co. Any attempted assignment that does not comply with this Agreement shall be null and void. curiouslabs.co may assign this Agreement, in whole or in part, to any third-party in its sole discretion.
20. ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION
Any controversy, dispute or claim arising out of or relating to the terms of this Agreement or subsequent agreement or breach thereof shall first be settled through good faith negotiation. If the dispute cannot be settled through negotiation the parties agree to attempt in good faith to settle the dispute by mediation administered by JAMS. If the parties are unsuccessful at resolving the dispute through mediation, the parties agree to arbitration administered by JAMS in Los Angeles, California pursuant to its streamlined Arbitration Rules & Procedures, except that you may bring a qualifying claim over a Dispute in a small claim court. By virtue of this Clause, you and curiouslabs.co are each giving up the right to go to court and have a Dispute heard by a judge or jury except as otherwise set forth in this Agreement. The provisions of this clause shall constitute your and curiouslabs.co's written agreement to arbitrate Disputes under the Federal Arbitration Act. Judgment on the Award may be entered in any court having jurisdiction. If curiouslabs.co takes any legal action against you as a result of your violation of the terms in this Agreement, curiouslabs.co will be entitled to recover from you, and you will agree to pay, all reasonable attorneys' fees and costs of any such action, in addition to any other relief granted to curiouslabs.co.
21. CLASS ACTION WAIVERS
curiouslabs.co and you agree that any dispute against the other will be brought in our respective individual capacities and not as a plaintiff or className member in any purported className, representative proceeding or as an association. In addition, we each agree that disputes shall be arbitrated only on an individual basis and not in a className, consolidated, or representative action and that the arbitrator may award relief (including injunctive relief) only on an individual basis. The arbitrator does not have the power to vary these provisions.
22. NO JURY TRIAL
If for any reason a dispute proceeds to court, you and curiouslabs.co agree to waive any right to a trial by jury.
23. CHOICE OF LAW
You agree that the laws of the State of California, without regard to principles of conflicts of law, will govern any controversy, dispute or claim arising out of or relating to the terms of this Agreement.
24. INJUNCTIVE RELIEF
Notwithstanding anything to the contrary in this dispute agreement, curiouslabs.co may bring suit in court seeking an injunction or other equitable relief arising out of or relating to the infringement of a its intellectual property, or any illegal or intentional act affecting the accessibility, functionality, or the security of the Site, and/or any illegal or intentional act against its interests or the general business interests of curiouslabs.co.
25. SEVERABILITY; WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
26. CALIFORNIA USE ONLY
The Site is controlled and operated by curiouslabs.co from its offices in the State of California. curiouslabs.co makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as curiouslabs.co's purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
27. MODIFICATIONS
curiouslabs.co may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. curiouslabs.co shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.