THE FOLLOWING TERMS OF SERVICE CONTAINS CONDITIONS AND IMPORTANT INFORMATION THAT IS CRITICAL TO USING SERVICES PROVIDED BY CURIE, INC. PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING OR ENGAGING WITH ANY of CURIE, INC. AND/or ITS SERVICES.

by clicking “i agree,” checking the related box to signify your acceptance, using any other cognizable form of acceptance protocol presented through the service (as defined above and below) or otherwise affirmatively accepting these terms and conditions, you acknowledge that you have read, accepted, and agreed to be bound by this agreement. if you do not agree to these terms and conditions, do not create an account or use the service. you hereby grant agency authority to any party who clicks on the “i agree” button or otherwise indicates acceptance to these terms and conditions on your behalf.

by clicking “i consent,” checking the related box to signify your acceptance, full understanding of protected health information, and full understanding of curie’s data privacy goals, YOU ARE explicitly and expressly authorizing curie, inc. and its agents and assigns, to use your protected health information to develop new artificial intelligence tools and tele-health services and related services that may be necessary for curie inc.’s present and future business. you acknowledge that you have read, accepted, and agreed to be bound by this agreement. you further acknowledge that you have specifically read, understand, and acknowledge section 4 of this terms of service regarding hipaa. if you do not authorize curie, inc. to use your protected health information do not click on the “i consent” button.

Arbitration Notice

unless you timely opt-out of arbitration in accordance with these terms of service, you agree that disputes between you and us or you and the medical groups or providers arising out of or related to these terms and conditions or the service will be resolved by binding, individual arbitration and you waive your rights to a jury trial and to participate in a class action lawsuit or class-wide arbitration, as further set forth below. we explain some exceptions and how you might opt out of arbitration below.

Medical Emergencies

if you have a medical emergency, please seek in-person emergency care immediately or dial 911. the service is not appropriate for all medical conditions or concerns. this agreement is subject to change as provided herein.

Agreement Introduction

please read this agreement carefully because it sets forth important terms you will need to know about the services provided by curie, inc.

This Terms of Service agreement (this “Agreement”) is made and entered into by Curie, Inc. (“Curie”, “we”, “us”) and the individual, company, and/or entity (the “User” or “Users”), using, engaging with, operating, registering with any technologies, services, etc. provided by us. The User acknowledges that Curie and its subsidiaries owns and operates electronic platforms including but not limited to websites, mobile applications, computer programs, artificial intelligence tools (“A.I.”), technologies, etc. now and/or in the future. Your access and use of our platforms, any part thereof, or anything associated therewith, including its content, any products or services provided through these platforms or otherwise by us (the “Service”) are subject to this Agreement unless specifically stated otherwise in this Agreement.

The User represents and warrants that by creating, registering, or logging into an account through the Service, or otherwise accessing or using the Service, they are acknowledging the most recent version of this Agreement. If the User is using the Service on behalf of an individual other than themselves, the User represents that they are properly authorized by such other entity or individual to act on such individual's behalf and that such entity or individual acknowledges the practices and policies outlined in this Agreement.

Recitals

• WHEREAS; Curie is a medical technology company in that, among other things, is in business of providing advanced technological tools and services to individuals, companies, institutions, governments, medical professionals, etc.
• WHEREAS; Curie endeavors to own, author, develop, market, engage with, license, produce, invent, etc. advanced technological tools and A.I. tools derived from professional work product, know-how, data collected from its users, partners, etc.

Acceptance of Terms and Conditions

Your access to and use of the Service is subject to this Agreement, as well as all applicable laws and regulations. If you do not accept and agree to bound by this Agreement in its entirety, you are strictly prohibited from visiting, accessing, registering with and/or using the Service or any information or content provided through the Service, except as necessary to review this Agreement. The Service is continually under development, and we reserve the right to revise or remove any part of this Agreement or the Service in our sole discretion at any time and without prior notice to you. Any changes to this Agreement are effective upon our updating of it. Unless otherwise indicated, any new content added to the Service is also subject to this Agreement upon update. If you disagree with this Agreement or any terms or conditions herein, your sole remedy is to discontinue your use of the Service. Your continued use after a change to this Agreement has been posted constitutes your acceptance of this Agreement as modified by such changes.

1. Limitation of Use by Minors and Mentally Incompetent Individuals

This Service is generally intended for use by individuals who are legal adults in their country of origin, or applicable laws of the jurisdiction which applies to them. In the United States, generally, this age is specifically eighteen (18) years of age. If an individual is not a legal adult in their country of origin or under the applicable laws of the jurisdiction which applies to them, they may NOT use our Services. Our Services are not designed or intended to specifically attract, nor directed to, individuals under eighteen (18) years of age. If we obtain actual knowledge that we have collected personal information through our Service from a person under the age of eighteen (18), we will use reasonable efforts to refrain from further using such personal information or maintaining such personal information in its retrievable forms. If an individual does not have adequate mental capacity to make decisions for themselves as an adult under the laws to which they are beholden to, that individual must obtain consent from their pertinent legal guardian, conservator, etc. If we obtain actual knowledge that we have collected personal information through our Service from a person that lacks adequate mental capacity without legal guardian, conservator, etc. consent, we will use reasonable efforts to refrain from further using such personal information or maintaining such personal information in its retrievable forms. A minor individual under the age of eighteen (18), or the parent or legal guardian of such minor individual, may request at any time that we remove personal information or data regarding the minor individual that has been collected by our Service. Such request may be addressed via email to our team at team@gocurie.com. Furthermore, please submit such request with the subject line “Request for Data Removal” and in the request please state the nature and grounds for the removal and specifically identify that the removal is for a minor individual. Similarly, such request may be made on behalf of an individual without adequate mental capacity in a manner like as mentioned above. Curie may not be able to remove data feasibly and makes no guarantee that removal requests will be fulfilled, but Curie will make every best effort to remove data requested for removal from the platform. We are not required to erase or eliminate such content or information in such circumstances including but not limited to compliance of competent court order, federal, international, or state law, local law or regulation, etc. The foregoing is not intended to be an admission that Curie is subject to the Children’s Online Privacy Protection Act, the Federal Trade Commission’s Children’s Online Privacy Protection Rule(s), or any similar international, federal, state, or local laws, rules, or regulations.

2. Personal Data

For all Users engaged with our Service, we collect personal data. This personal data includes but is not limited to: demographics information, addresses, names, contact information, payment and payment processing information, submitted or uploaded documents and files, government identification, submitted or uploaded video and/or photographs, account username and password for our Service, device and network information, geo-data, data usage, meta-data, cookies, browsing activity, platform communications connected with our Service, health data, gender, sexual orientation, biometrics, and more. This information is collected and used to develop further technologies, A.I., and to provide our Users with the best possible experience for our Service.

3. Third-Party Data

Curie utilizes all avenues of data and information collection. We partner with third-party sources to gather publicly available information. We use this information from third-party sources to develop branding and marketing related services, further develop our Service and conduct market research. We partner with third-party medical providers and pharmacy services that you may interact with through our Service. We may store the health information related to these interactions accordingly including, but not limited to, your health data, pharmacy information, insurance information, medical records, healthcare provider communications, healthcare provider communications history, and medical history.

4. The Health Insurance Portability and Accountability Act (HIPAA)

Introduction. HIPPA required that the Secretary of the U.S. Department of Health and Human Services (HHS) develop regulations protecting the privacy and security of certain health information. To fulfill this requirement, HHS published what are commonly known as the HIPPA Privacy Rule and the HIPAA Security Rule. The Privacy Rule established national standards for the protection of certain health information while the Security Rule establishes a national set of security standards for protecting certain health information that is held or transferred in electronic form. The Security Rule operationalizes the protections contained in the Privacy Rule by addressing the technical and non-technical safeguards that organizations called “covered entities” must be put in place to secure individuals’ “electronic protected health information”. The HHS has responsibility for the enforcement of both the Privacy and Security Rules through voluntary compliance activities and civil money penalties.

Protected Health Information (PHI). When setting an account to use Curie’s Service, the User is engaging in a direct customer relationship with Curie that enables the User to access various functions of the Service. Accordingly, the User will provide certain medical information that may be protected under applicable laws. Curie is NOT a “covered entity” under HIPAA and its amendments. One or more of the labs, pharmacies, medical groups, or doctors may or may not be “covered entities” or “business associates” under HIPAA. If Curie is deemed a “business associate” based on its role as a business associate, Curie may be subject to certain provisions of HIPAA regarding PHI defined under HIPAA that the User may provide to the labs, pharmacies, medical groups, or doctors. HIPAA does not necessarily apply to an entity or person simply because there is health information involved, and HIPAA may not apply to the User’s transactions or communications with Curie, pharmacies, labs, medical groups, or doctors. While state specific laws may apply, any information that does not constitute PHI under applicable laws may be used or disclosed in any manner permitted under this Agreement.

Curie’s HIPAA Compliance. If Curie is deemed as a HIPAA covered entity or business associate of a covered entity, we maintain and uphold HIPAA compliance for all our Users. Our Users’ electronic and physical Protected Health Information (“PHI”) under HIPAA include any individually identifiable health information and other sensitive medical information. This type of information is inextricably intertwined with the present and future operation of Curie’s Service, and Curie is committed to its best efforts to remain in compliance with all applicable and foreseeable HHS guidelines in maintaining the privacy and security of its Users’ PHI in, both, electronic and physical forms. Curie will make every good faith effort to de-identify any PHI that we encounter when it is potentially possible to do so to be in accordance with HIPAA guidelines and regulations. It is Curie’s express intent to minimize its usage of de-identified protected health information as much as feasibly possible but makes no guarantees that all protected health information will be used in a de-identified state.

HIPAA Limited Conditions for Waiver. Under HIPAA, there are limited conditions of the waiver of HIPAA authorization for patients. Under such waiver conditions, healthcare professionals are permitted to disclose patient medical information to third parties, including but not limited to: researchers, lawyers, doctors, and/or relatives.

User Consent and HIPAA Authorization to Use Protected Health Information. the user of curie’s services hereby acknowledges and agrees to hipaa authorizations to permit curie, and curie’s network of healthcare professionals, to use sensitive, protected health information and patient identifying medical information for the specific purpose of developing new artificial intelligence tools for medical diagnostics and other medical services. curie’s usage of its users’ protected health information (“PHI”) is narrowly tailored to improve and develop technology for its present and future services. curie expressly intends to use users’ phi to develop artificial intelligence tools to enhance their service and to develop new technology for better and more efficient healthcare services. by reading and agreeing to the terms of this agreement, the user authorizes curie to use protected health information covered by hipaa regulations and any applicable state laws and hereby authorizes curie to use the user’s protected healthcare information in relation to the services, present and future, that Curie provides.

5. California Consumer Privacy Act of 2018 (CCPA)

CCPA Compliance. Under California law, businesses are required to give consumers certain information in a notice at collection. A notice at collection must list the categories of personal information businesses collect about its consumers and the purposes for which they use the categories of information. Curie is in full compliance with these laws and makes an active and good faith effort to stay abreast of any and all regulation of the kind.

6. Use and Ownership of the Service

The Service and the information available through the Service are protected by copyright laws in the United States and beyond. Subject to this Agreement, Curie grants the User a limited, non-transferable, revocable license to access and use the Service for personal use. Unless otherwise specified by Curie in a separate license, your right to use any of the Service is subject to this Agreement and all rights in the Service are reserved by Curie. The User agrees that Curie and its suppliers own all rights, title and interest in the Service (including but not limited to, any code, themes, concepts, photographs, objects, product descriptions, blog posts, artwork, animations, sounds, musical compositions, audiovisual effects, methods of operation, moral rights, and documentation). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. Curie’s name and other related logos, graphics, designs, marketing materials, etc. used on or in connection with the Service are the trademarks of Curie and may not be used without permission, including in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Service are the property of their respective owners.

7. Terms of Sale for Products and Services

All products and services offered for sale by Curie are subject to availability and we reserve the right to impose quantity limits on any order or reject all or any part of an order without prior notice. If an error occurs, we reserve the right to correct the error and revise your order accordingly or to cancel the order and refund any amount charged. Prices for products and/or Services are subject to change at any time. The User is responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees due with respect to the User’s purchase of products or services through our Service platform. Curie will collect applicable taxes if we determine that taxes are required to be collected and we will present an estimate of taxes to be collected at checkout, except where we have clearly stated in writing that a price includes taxes. The actual taxes charged may be adjusted from the amount shown at checkout because of processor variability, change in tax rates, etc. We are not required to collect taxes in all states. The User may have a duty to directly report and pay taxes if we do not collect such taxes. If any of the products or services in each order are unavailable, Curie will only charge the prices, taxes and other applicable charges associated with the products that are included in the shipment. Any information that you supply to Curie in connection with any purchase or transaction made through the Service shall grant Curie without charge irrevocable, unencumbered, universal and perpetual right to provide such information to third parties for the purpose of facilitating the transaction or purchase. Curie only accepts valid payment methods that are acceptable to us. This includes but is not limited to credit cards, debit cards, electronic payment platforms, etc. Curie reserves the right to refuse payment from a User and/or their desired method of payment at any time. The User expressly authorizes us to use their designated payment method to charge for any total amount in each order and for any outstanding fees or payments associated with our Service that the User is obligated to pay. The data collected that may be collected during sale, purchase, and payment processing are emphasized as being subject to sections 2 and 3 of this Agreement. The User specifically agrees to pay all shipping and handling charges that are associated with any of their orders and/or purchases associated with Curie’s Service. Curie reserves the right to change shipping and handling charges as is practicable for their business and to reflect the accurate costs of shipping and handling to any given User. Furthermore, any delivery dates or times shown in the checkout process are simple estimates of current conditions and they are in no way a guarantee of delivery/shipping timelines. Curie passes all risk of loss or damage for products upon delivery of said products to our designated carrier. Curie reserves the right to remedy, reject, amend, or resolve customer and/or User issues on a case-by-case basis and any outcome for one User/customer does not guarantee or hold precedent in the outcomes of any other User/customer.

8. Indemnification

The User agrees to defend, indemnify, and hold Curie and any third parties associated with Curie and Curie’s network of products and Services harmless from and against any and all suits, actions, claims, proceedings, settlements, damages, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses, including attorney’s fees and cost of litigation, relating to or arising from the User’s use of the Service, your fraud, violation of law, or willful misconduct, any breach by you of this Agreement or your violation of any rights of any other person or entity. We reserve the right to control the defense of any claim by a third party for which we are entitled to indemnification, and the user agrees to provide us with such cooperation as is reasonably requested by Curie.

9. Accounts and Passwords, Network Security, and Internet Access

Accounts and Passwords. Curie will not provide any products or services related to their Service to anyone without a valid account and password registered with their platform. Users are responsible for setting their account name and passwords before logging into Curie’s Service. Curie retains the right to change or cancel any account names that it deems to be a breach of confidentiality or are overtly profane in any way and will notify the holder of such account of the changes made and why. Curie will make all good faith efforts to provide account and password recovery tools to Users if a User has forgotten or misplaced their account and password login information.

Network Security. Curie will make all good faith efforts to maintain economically reasonable and industry standard levels of security for the information it collects from its Users in relation to their usage with the Service. Curie will maintain best privacy practices for sensitive and protected health information that is collected from its Users in relation to their usage with the Service. While Curie will make every best effort to prevent any data breaches from occurring, Curie makes no guarantee that any information collected in relation to usage of its Service will not be breached.

Right to Monitor User Activity. Curie retains the right to monitor all activity the User engages in with Curie’s Service, and/or any information that User uploads into the Service. User acknowledges that all activity that it engages in with the Service, including its information, will be monitored by Curie. If Curie is made aware of any illegal activity through its monitoring of Users, Curie will make a good faith effort to report said activity to the appropriate legal authorities and comply as best as possible with any investigation.

Internet Access. Users must have an internet connection to have access to Curie’s Service. Curie is in no way responsible for providing such internet access to its Users. It is specifically the Users’ obligation to procure and secure their own internet connection. Curie’s Service will explicitly not be available to Users without internet access.

10. Prohibited Uses, Copyright, and Licensing

Illegal Activity. Users are specifically not permitted to use any information related to Curie’s Service or any part of Curie’s Service itself to commit fraud, any wrongdoing, or any other form of crime. Curie is not liable nor does Curie support, condone, nor incentivize any illegal activities. Curie is vehemently opposed to any illegal or illicit activities and if a User is found to have engaged in any such activity in connection with or as a result of the Service, Curie shall immediately terminate any and all access that User has to Curie’s Service platform, and Curie shall comply with any law enforcement, court orders, or otherwise as is economically practicable and feasible for Curie to execute.

Copyright. All of Curie’s information, practices, this Agreement, and every other piece of information relating to Curie, that the User encounters through their usage of the Service is copyright protected and is prohibited from any unauthorized re-u/se by the User or any of the User’s heirs, assigns, etc. without Curie’s express approval of such use.

Worldwide License. For all information uploaded to Curie’s Service, and/or any User information collected by Curie because of accessing or utilizing the Service in any way, the User warrants, represents, and assigns to Curie a global, world-wide, indefinite, irrevocable license to use, distribute, copy, utilize, etc. the User’s information for any purpose.

Third Party Software and Goods and Services.All usage of third-party software and third-party goods and services that is provided to User, or put into contact with User, by virtue of using Curie’s Service, will be expressly governed by the appropriate and applicable third-party terms of use. If there are no third-party terms of use agreement nor any form of pertinent licensing agreement, the usage of such third-party software and third-party goods and services shall be governed by the terms of this Agreement. The User must comply with any terms of use or licensing agreements associated with any third-party software and/or third-party goods and services, as well as this Agreement.

Third-Party Beneficiaries. Except for the provisions set forth in this Agreement, Curie affirms and expresses that there is no intent by either the User nor Curie, and its network of partners, to create or establish any third-party beneficiary status nor rights. No subcontractor nor third party, nor other referenced individual, nor any other third party shall have any right to enforce any right nor enjoy any benefit that is established under the terms of this Agreement.

11. Term and Termination

Term. This agreement shall remain in full force and effect for the duration of time that the User accesses Curie’s products and/or services in any way shape or form. This also includes but is not limited to the User’s maintenance of an account with Curie’s service. Any attempt, actual or contemplated, or actual use of Curie’s service shall bind the User to the terms set forth in this agreement until such time that the User cancels their account and discontinues all future usage of Curie’s Service.

Termination. Curie retains the sole right to unilaterally, for any reason it sees fit and without notice, terminate the User’s access to Curie’s products and services offered through the Service. Curie is under no obligation to notify its Users of their terminated access, as their inability to utilize the Service shall be notice in and of itself. Curie will make a good faith effort to notify its terminated Users that they are in fact terminated from using Curie’s Service. Any termination exercised by Curie shall be effective immediately.

12. Disclaimers

All content and information governed by this Agreement and all content and information related to Curie’s platform and/or Service is provided to the User as a convenience. The User agrees and represents that all reliance on Curie’s Service and other information related to the Service is done so at their own risk.

13. Limitation of Liability

to the fullest extent permitted by applicable law, in no event shall curie be liable to the user or any other person or entity for any incidental, indirect, special, exemplary and consequential damages, personal or bodily injury, emotional distress, or wrongful death, loss of data, lost profits, or damages resulting from the use of or inability to use the service, including any information and content made available through the service or any services performed or products offered by third parties, whether based on warranty, contract, tort, negligence, or any other legal doctrine, and whether or not curie has been advised of the possibility of such damages. any claims arising out of the USER’S usage of curie’s service or platform must be brought within one (1) year of the date of the event giving rise to such action occurred, or within the time frame established by the applicable statute of limitations laws of the appropriate venue. to the extent that curie is prevented from disclaiming certain warranties or limitation or exclusion of liability for incidental or consequential damages by a particular jurisdiction, curie may not disclaim any implied warranty or limit its liabilities contrary to such jurisdiction’s laws. the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

14. Notices

Notices. Any notices to the User by Curie regarding the Service, this Agreement, or any other communications regarding Curie’s platform, products, or other services may be made by electronic mail, a posted notice on the Service, Curie’s website, or by physical mail at Curie’s sole discretion.

Electronic Communication. The User hereby consents to receive communications electronically from Curie, any partnered medical groups, labs, pharmacies, providers, or third-party contractors associated with the Service. Curie will communicate with you via email, text messaging, through the Service, or by whichever means are most feasible in Curie’s discretion. You agree that all agreements, notices, disclosures, and other communications provided electronically to the User by Curie satisfy all laws requiring that such communications be made in writing. The User further agrees that any notices provided electronically are deemed to be given and received on the date we transmit any such electronic communication as described in this Agreement.

Electronic Signature. The User hereby consents, agrees, represents, and warrants that the electronic consent obtained for purposes of this Agreement and use of Curie’s Service herein is a true and correct form of an electronic signature under the E-Sign Act of 2000 and its amendments and additions. The User hereby specifically represents and agrees and intends that clicking the “I Agree” and “I Consent” boxes associated with this Agreement shall function as a valid form of electronic signature pursuant to all federal, state, and international electronic signature laws.

15. Severability and Entire Agreement

Severability. If for any reason a court of competent jurisdiction finds all or parts of any provisions of this Agreement to be unenforceable, the remaining portions and provisions of this Agreement shall be binding and in full effect.

Entire Agreement. This Agreement and any other agreements Curie may post on their Service or websites or that the User and Curie may mutually agree to and execute from time to time constitutes the entire agreement between Curie and the User in connection with use of the Service and supersede any prior agreements between Curie and the User regarding the use of the Service including, but not limited to, any prior versions of this Agreement.

No Agency. Neither this Agreement, nor Curie’s Service, products, features, services, platform, network, etc. shall create in any way any partnerships, joint venture, employment relationship, contractor relationship, nor any other agency relationship between the User and Curie or any of Curie’s network. The User may not in any way shape or form enter into a contract on Curie’s behalf or bind us in any way to any agreement or required performance.

Assignment. The User may not assign any of their rights or obligations under this Agreement, and any such attempt will be invalid. Curie retains the right in its sole discretion to assign or transfer without any further consent or notification, this Agreement or any or all of its contractual rights and obligations under this Agreement, in whole or in part, to any affiliate or third party in the event that some or all of Curie is sold or transferred by way of a company merger or acquisition to a third-party entity.

16. Arbitration and Class Waiver

Arbitration. the user and curie hereby expressly agree that any legal claim, dispute or other controversy between the user and curie or, any entities in curie’s network of medical groups, labs, pharmacies, providers, arising out of or otherwise relating in any way to the curie platform or its service, products, platform, or otherwise, including controversies relating to the applicability, enforceability or validity of any provision of this agreement, that is not resolved by an informal dispute resolution conference (“ADR”), shall be resolved in confidential binding arbitration conducted before a commercial arbitrator from the american arbitration association (“AAA”), rather than in a court as described herein. the arbitration will be governed by the aa’s consumer arbitration rules and, if the arbitrator deems them applicable, the supplementary procedures for consumer related disputes. the user acknowledges that they are voluntarily and knowingly forfeiting their right to a trial by jury and to otherwise proceed in a lawsuit in state or federal courts, except as expressly provided herein. for purposes of this arbitration agreement, a dispute will also include disputes that arose or involve facts occurring before the existence of this agreement or its versions of the terms and conditions as well as claims that may arise after the termination of these terms and conditions.

Curie is committed to working with its Users to reach a reasonable resolution in the event of a dispute. We agree that every good faith effort to resolve such disputes can result in beneficial outcomes for all parties involved. The User and Curie therefore agree that before either party commences any arbitration against the other, there will be a good faith effort to meet and confer by any means necessary to resolve such dispute before going to arbitration.

Whichever party initiates a dispute must give notice to the other party in writing of its intent to initiate such dispute, and within such time, the parties agree to meet and confer in good faith within sixty (60) days prior to sending the dispute to arbitration. The party giving notice must include their: 1) name, contact information, mailing address, 2) name, contact, and mailing address of counsel if applicable, and 3) a factual description of such dispute. Curie will make every good faith effort to resolve such disputes without involving arbitration but makes no guarantee of a favorable outcome in such circumstances. If a favorable outcome to the dispute cannot be brokered within thirty (30) days of the meet and confer for the dispute, then either party may commence arbitration pursuant to the terms herein. Arbitration costs will be governed by AAA’s fee schedule and each party agrees to pay its own attorneys’ fees and expenses unless statutory provisions require the prevailing party to be reimbursed for attorneys’ fees and expenses.

The Arbitration shall be conducted in Los Angeles, California, except that, in the event that Los Angeles, California is not within one hundred (100) miles of your residence, the arbitration may be conducted within one hundred (100) miles of your residence, unless the parties agree otherwise in writing. The arbitrator’s award shall be final and binding on all parties pursuant to state and federal law and may be entered as a judgment in any court of competent jurisdiction. The terms of this Agreement evidence a transaction involving interstate commerce and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. Section 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings.

For more information on AAA, how to file an arbitration claim, and/or any rules or procedures regarding arbitration, you may call AAA at 800-778-7879 or visit their website at https://www.adr.org.

Notwithstanding anything to the contrary herein, to the extent a dispute arises from a violation of either party’s intellectual property rights in any manner and/or by any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act the User and Curie agree that a party may seek injunctive remedies in a state or federal court in Los Angeles, California, and both parties agree to submit to the personal jurisdiction of such courts in connection with such proceedings. In addition to the foregoing, either you or we may assert an individual action in small claims court for disputes that are within the scope of such court’s jurisdiction in lieu of arbitration if such action remains in such court and advances only on an individual (non-class, non-representative) basis.

Class Waiver. the user and curie hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. The User and Curie are instead electing that all disputes shall be resolved by arbitration under this Agreement, except as specified otherwise herein. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

the user and curie agree that, except as specified herein, all disputes subject to arbitration under this agreement must be arbitrated on an individual basis and not on a class, collective or representative basis. no party may bring any claim subject to arbitration pursuant to this agreement as a private attorney general, in a representative capacity, or as a plaintiff or class member in any purported class proceeding. the claims of more than one user/customer cannot be joined or consolidated with those of any other user/customer. no arbitration shall be consolidated with any other arbitration except as specified herein. the arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim or claims. If a court decides by means of a final decision, not subject to any further appeal or recourse, that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or require for such relief, then such claim or request for relief shall be severed from the arbitration and may be brought exclusively in the state or federal courts located in Los Angeles, California, subject to the parties’ respective rights to appeal the decision. All other claims or requests for relief shall be arbitrated. The parties agree that any claims between the parties remaining in arbitration are finally resolved. The parties agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California for purposes of resolving any claims or requests for relief severed from arbitration pursuant to this Agreement. This subsection does not prevent the User or Curie from participating in a class-wide settlement of claims.

The User and Curie agree to batch arbitration if there are one hundred or more individual arbitrations of the same nucleus of fact or substantially similar natured facts filed by or against Curie. One arbitrator shall be appointed by AAA per batch arbitration.

The User may opt out of the arbitration provisions of this agreement within thirty (30) days of the date that the User first agrees to any version of this Agreement. To opt out, the User must send their name, address, and email along with a statement explicitly expressing that the User opts out of the requirements to arbitrate disputes with Curie. The arbitration opt-out email must contain a title mentioning arbitration opt-out. Opting out of this arbitration agreement has no bearing or effect on the arbitration agreements the User may already have with Curie nor any future agreements the User may enter.

If any part of this arbitration provision is found to be invalid or unenforceable under applicable laws, then such specific part or parts of shall be severed and be without full force and effect, however, the remainder of the arbitration provisions shall be binding and continue in full force and effect.

Contact Us

All questions, concerns, or statements regarding this Agreement or anything related to Curie’s platform and Service can be directed to team@gocurie.com. Curie will make every effort to respond to questions and concerns promptly after receiving them.