1. User Eligibility.
The CURAD Site is provided by CURAD and is available only to people and entities who can form legally binding agreements. If you do not qualify, do not use the CURAD Site. Unless otherwise explicitly specified on the CURAD Site, the information on the CURAD Site is intended solely for use and access by persons residing in the United States. Access to the CURAD Site may not be legal by certain persons or in certain countries outside of the United States. If you access the CURAD Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your territory of access. Any statements about CURAD products or services on the CURAD Site are intended to refer only to those CURAD products and services offered in the United States. Materials published on the CURAD Site may refer to products or services that are not available outside the United States. You should not construe anything on the CURAD Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorized by the laws and regulations of any country or territory outside the United States. Although the CURAD Site may contain links to third-party websites located inside or outside the United States (each, a “Linked Website”), information on any Linked Website may be appropriate only to a particular territory or particular users.
The CURAD Site is not intended for use by children under the age of thirteen. We will not knowingly collect information about children under the age of thirteen and will otherwise comply with the Children’s Online Privacy Protection Act of the United States and other applicable laws and regulations of the United States. We ask that any user of the CURAD Site monitor the use of the CURAD Site by children under their care and make sure that those children are aware of the dangers of providing information about themselves over the Internet. We also would like to make you aware of the availability of commercial parental control software that will better enable you to monitor and, where necessary, block access by children to the Internet.
2. License and CURAD Site Access.
CURAD grants you a limited personal, nontransferable, non-sublicensable, revocable worldwide license to access and make personal, non-commercial use of the CURAD Site. You may view, copy and print limited quantities of material from the CURAD Site, as long as the material is used by you for information only and the material is used only for non-commercial purposes and not for sale or further distribution. Any rights not expressly granted by this agreement are reserved by CURAD.
3. CURAD Site is Not a Source of Medical or Therapeutic Advice.
Information presented on the CURAD Site, including information regarding lifestyle and health-related issues, beneficial characteristics of CURAD products, and information contained in the First Aid Guide, Tips for Parents, and the First Aid Checklist pages, is presented in summary form for the purposes of consumer awareness; that information is typically general in nature and is not intended nor recommended as a substitute for professional medical advice or professional advice concerning first aid or other health-related topics. Always seek the advice of your physician or other qualified health-care provider regarding any medical or therapeutic concern and treatment options. You should not use the CURAD Site for diagnosing or treating a physical ailment or condition or medical problem of any kind. Never disregard medical or therapeutic advice of a licensed professional or delay in seeking that advice because of something you have read on the CURAD Site or any Linked Website.
4. Intellectual-Property Ownership and Use.
5. Restrictions on Use.
6. Product and Service Information.
CURAD shall have no responsibility for errors of any kind on the CURAD Site, any other site provided by CURAD, or any Linked Website. Errors may include incorrect product and service descriptions, typographical errors and obsolete information, with the result that product and service descriptions, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. Errors may result in the failure to honor an order or request placed by you based on incorrect information. Because actual colors and the “look and feel” you see on the CURAD Site will depend on your monitor and other technical factors, CURAD cannot guarantee that any video display of any product information or other data will be accurate at any time.
Products and services described on the CURAD Site are available only while supplies last, and CURAD reserves the right to discontinue the production of any product, and to discontinue the offering or sale of any product or service at any time, without notice. The display of, or any reference to, any product or service on the CURAD Site or any Linked Website does not signify that the product or service is or will be available in the United States. CURAD also cannot guarantee that any particular product or service displayed on the CURAD Site will be available through any particular retailer, even if that retailer has indicated that the product or service is available through it or if the retailer is mentioned on the CURAD Site.
In part to optimize characteristics for specific markets, products and their specifications may vary by territory; accordingly, products displayed or referenced on the CURAD Site for sale in the United States of America may differ from those products for sale in other territories in the world and user results may therefore differ.
Any prices stated by CURAD on the CURAD Site are suggested prices only; all retailer prices accessed by you through the CURAD Site or otherwise provided to you are subject to change without notice and might not include shipping and handling or any applicable sales taxes or customs duties. Return and refund policies vary by retailer and are not the responsibility of CURAD. CURAD will not be a party to any sales transaction or other transaction you may make with any retailer, either online, by telephone or otherwise. CURAD therefore can make no guarantee that any retailer will fulfill any product order or honor any other commitment, promise or obligation to you.
If you make a submission, you represent and warrant that you own or otherwise control the rights to your submission. You further represent and warrant that your submission will not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any other form of spam. You may not use a false name or identity-obscuring or misleading e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any submission.
8. Your Information and Privacy Considerations.
From time to time, we may offer users of the CURAD Site the opportunity to receive information, special offerings, and promotions, and to participate in contests and sweepstakes. We may also solicit requests from users for contact information for others who might be interested in CURAD products and services.
In order to take advantage of the full capabilities of the CURAD Site, such as the participation in certain special offerings, clubs, promotions, contests, sweepstakes, and to receive e-mailed information and announcements, you may be asked to send us information about yourself. Providing that information is entirely voluntary on your part and the use and enjoyment of many aspects of the CURAD Site will still be possible if you elect not to provide that information.
We may use your information to process your requests regarding CURAD products, services, clubs and programs, to respond to your inquiries and for other purposes specified from time to time on the CURAD Site. We may also use your information to provide to you information regarding other CURAD products, services, and promotional activities that may be of interest to you. In addition, if you register for any service, or if you enter any sweepstakes or contest sponsored by CURAD or featured on the CURAD Site, we may, in addition to other uses specified in that registration or entry form, use your information to communicate with you regarding your registration or entry. Entry and conduct of all sweepstakes and contests shall be governed by their respective official rules.
We respect your privacy and the privacy of others, and we will, of course, endeavor to take care of any information you supply to us. If you believe, however, that any such information is so private to you or to any other person that possible disclosure would be embarrassing or otherwise inappropriate, we ask that you do not supply that information. We do require, however, that the information you elect to provide to us be true, accurate, current and complete, and we request that you update that information as necessary.
Linked Websites are likely governed by their own confidentiality and privacy provisions. CURAD is not responsible for those provisions and expressly disclaims any liability relating to any aspect of them, including their enforcement or lack of enforcement.
Although CURAD has no obligation to monitor any information provided to the CURAD Site by users, including information that you provide, CURAD reserves the right to monitor, retain and disclose that information if required to do so by law or in a good-faith belief that disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of CURAD, its users or the public.
9. No Warranty.
The CURAD Site, including any content or information contained within it and any Linked Websites, are provided “as is” and “as available.” AS TO THE CURAD SITE, AND ANY SUCH LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, CURAD EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, HOWSOEVER CLAIMED.
Without limitation to the foregoing, CURAD makes no warranty: (a) that there will be no interference with your enjoyment of the CURAD Site; (b) that the information provided will fulfill any particular purpose or need; (c) that the information provided is complete, reliable or accurate; (d) that any request will be honored according to your schedule or any stated schedule; (e) that the CURAD Site will otherwise meet any specifications, requirements or expectations; (f) that the CURAD Site will be uninterrupted, timely, secure or error free; (g) that the results that may be obtained from use of the CURAD Site will be accurate and reliable; (h) that any errors in the content of the CURAD Site will be corrected; (i) that materials on the CURAD Site are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on the CURAD Site are available for use in any particular location.
You assume total responsibility and risk for your use of the CURAD Site, other sites provided by CURAD, and any Linked Website. Any material downloaded or otherwise obtained through the use of the CURAD Site or other sites provided by CURAD shall be so obtained at your own discretion and risk. CURAD will not be responsible for any damage to your computer system or loss of data that results from so obtaining any such material.
10. Limitation of Liability
IN NO EVENT SHALL CURAD, ITS AFFILIATES, OTHER RELATED ENTITIES, SUBSIDIARIES, JOINT VENTURES, PARTNERS, ENTITIES IN SUBSTANTIAL COMMON CONTROL OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY ARISE, DIRECTLY OR INDIRECTLY, FROM ACCESS TO THE CURAD SITE, FROM THE USE OF THE CURAD SITE OR ANY LINKED WEBSITES, FROM THE INABILITY TO USE THE CURAD SITE OR ANY LINKED WEBSITES, THROUGH THE DOWNLOADING OF ANY CONTENT (INCLUDING, WITHOUT LIMITATION, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE CURAD SITE) OR IN CONNECTION WITH ANY VIRUSES, BUGS, ACTION OR INACTION OF ANY COMPUTER SYSTEM, TELEPHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTION, OR ANY OTHER ERROR, FAILURE OR DELAY IN DATUM TRANSMISSION OR NETWORK CONNECTION, EVEN IF ADVISED OF THE POSSIBILITY OF THAT DAMAGE. CURAD shall have no liability for the deletion of any communications or information collected, maintained or transmitted by the CURAD Site or the failure to store any information, including personalized settings. CURAD has no liability with respect to any information posted by users on chat rooms, bulletin boards or other user fora.
13. Linked Websites.
CURAD has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Linked Websites (and any websites to which they may link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration or other governmental or self-regulatory body. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. CURAD does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to CURAD. CURAD does not endorse any “off-label use,” meaning, “use for indication, dosage form, dose regimen, population or other use parameter not mentioned in the approved labeling.”
14. Jurisdiction and Choice of Law.
15. Complete Agreement.