TERMS OF USE

THESE TERMS OF USE (THESE “TERMS”) SHOULD BE READ CAREFULLY BY YOU BEFORE ANY USE OF THE SITES (DEFINED BELOW) OR SUBMITTING ANY INFORMATION TO CURIO WELLNESS (DEFINED BELOW).

ALL INFORMATION AVAILABLE AT OR THROUGH THE SITES ARE FOR INFORMATIONAL PURPOSES ONLY. AT NO TIME SHOULD ANY SUCH INFORMATION BE CONSTRUED AS MEDICAL ADVICE, AND NO DOCTOR-PATIENT RELATIONSHIP IS FORMED AS A RESULT OF THE USE THE SITES OR ANY OF ITS INFORMATION.  NONE OF THE INFORMATION MADE AVAILABLE AT OR THROUGH ANY OF THE SITES IS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED HEALTH PROVIDER ABOUT ANY MEDICAL CONCERNS OR CONDITIONS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF ANY OF THE INFORMATION AVAILABLE AT OR THROUGH THE SITES.

In the event you disagree with any term or condition of these Terms or the privacy policy posted at www.curiowellness.com/privacy-policy (the “Privacy Policy”), you should immediately stop using the Sites. Should you use the Sites other than to review these Terms or the Privacy Policy, such use shall be deemed your agreement with these Terms. It is your responsibility to periodically review these Terms and the Privacy Policy, each as amended from time to time and posted to www.curiowellness.com, to ensure your awareness of the then current terms and conditions applicable to the Sites.

These Terms govern your use of www.curiowellness.com or any other website, mobile application, or social media pages (collectively, the “Sites”) owned and operated by Curio Wellness Corporation and its affiliated entities (collectively, the “Company”). By using any of the Sites, you are indicating your acknowledgment and acceptance of these Terms. The Company may make improvements and/or changes to the Sites’ features or functionality at any time, in the Company’s sole discretion, and without advance notice to you or anyone else.  These Terms are subject to change by the Company at any time in the Company’s sole discretion. Your use of the Sites after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly.  All rights are reserved.

Access to the Sites

You must be twenty-one (21) years or older to access the Sites. If you are under twenty-one years of age, you are not permitted to access the Sites for any reason.

To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the Sites that all the information you provide on the Sites will be correct, current, and complete. If the Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to the Sites or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions on use

You may use the Sites for purposes expressly permitted by the Sites. You may not use the Sites for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Sites, or (ii) frame the Sites, or (iii) hyperlink to the Sites, without the express prior written permission of an authorized representative of the Company. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Sites or Content accessible within the Sites. You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

Ownership

All text, images, graphics, photographs, videos, audio, data, data compilations, information, and materials published on each of the Sites (collectively, the “Content”), as well as the “look and feel” of the Sites (e.g., color combinations, button shapes, layout, and all other graphical and navigational elements used on any of the Sites), all of the Company’s trademarks, logos, and trade names, all intellectual property rights associated therewith, and all communications with the Company are owned exclusively by the Company.  The Content and the “look and feel” of the Sites shall be subject to change at any time, in Company’s sole discretion, and without advance notice to you or anyone else.  All rights are reserved.

Prohibited Conduct

You may not (i) use, remove, or alter, or cause to be used, removed, or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend applicable to the Content or the Sites, (ii) engage in any sale or commercial use of the Sites, the Content, or any communication from the Company, (iii) the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content, (iv) exploit for any purpose the Sites, any component thereof, or the Content, in whole or in part, without the express written consent of the Company, (v) systematically track any visitor or user of the Sites, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from the Sites, or (vi) use the Sites, any component thereof, or any of the Content for any purpose that infringes the rights of any person, threatens, harasses, deceives, or is abusive or defamatory of any person, causes or introduces one or more viruses or malware to the Sites, or violates the terms of these Terms or applicable law. Neither title nor intellectual property rights are transferred to you by access to or use of the Sites.

Links to Other Websites

The Sites may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Sites or the Company. The Company has not reviewed any or all of such sites and is not responsible for the Content of those sites. Hyperlinks are to be accessed at the user’s own risk, and the Company makes no representations or warranties about the Content, completeness or accuracy of these hyperlinks or the sites hyperlinked to the Sites. Please review carefully the third-party’s policies and make sure you understand them before you engage in any transaction. Further, the inclusion of any hyperlink to a third-party website is not and should not be construed as an endorsement or recommendation by the Company of that website or information, any author, viewpoint, or sponsor of such third-party websites or information, or the product or services of the third party. Third-party websites may not comply with our Privacy Policy and may violate your intellectual property rights, privacy rights, or publicity rights or those of third parties. The Company has no control over third-party websites or their content, products or services, and the Company will not be responsible for any injury or damage resulting from them.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. You should direct any concerns with respect to any other website to that website’s administrator or webmaster.

Submissions

You can submit suggestions, ideas, or materials (collectively “Ideas”) to the Company so long as all submissions are lawful and do not infringe the rights of any third party. You can post comments to a blog or discussion group on the Sites (collectively “Comments”) so long as the Comments are not false, misleading, or defamatory, or  contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. Ideas and Comments are entirely voluntary, non-confidential, gratuitous, and non-committal. Do not submit Ideas or Comments if you expect to be paid, want to continue to own or claim rights in them, or want them to be kept private or confidential. The Company reserves the right to reject, not use, or delete all or part of any Idea or Comment for any reason at any time.  You hereby grant to the Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Ideas, Comments, and other remarks, suggestions, ideas, graphics, or other information communicated by you to the Company (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. The Company will not be required to treat any Submission as confidential, and may use any submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations.

The Company will treat any personal information that you submit through the Sites in accordance with its Privacy Policy.

Applicable Law; Jurisdiction

It is impractical, if not impossible, for the Company to have knowledge of all laws applicable to its visitors and users. You are solely responsible for informing yourself of all laws applicable to your use of the Sites and the Content. If your use of the Sites,  any of the Content, or any link or third-party website or content violates the laws of the place where they are accessed by you or where you reside, you should immediately cease and desist all such use and inform the Company.  Unless required otherwise by the jurisdiction in which you reside, these Terms and the Privacy Policy shall be governed by the laws of the State of Maryland, U.S.A. without regard to its conflict of laws principles, and the courts of Maryland shall have exclusive jurisdiction over all actions.

Disclaimer

You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Sites will be free of viruses, worms, trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Sites for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using the Sites is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals.

YOUR USE OF THE SITES IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITES OR ITS CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

All of the information in the Sites, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Sites, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from the Sites if it is not, or is no longer, accurate or complete.

Limitation on liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. 

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

Indemnity

By using the Sites, you agree to indemnify and hold the Company, its subsidiaries, affiliates, licensors, Content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “indemnified parties”) harmless from any breach of these Terms by you, including any use of the Sites or the Content other than as expressly authorized by these Terms, and any claims resulting from any action taken by the Company during or as a result of its investigations of your interaction or use of the Sites or the Content and any actions taken as a consequence of such investigations or investigations by law enforcement authorities. You agree that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the indemnified parties in connection therewith. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the Sites or the Content.

Additional Prohibited Conduct

You may not post, send, submit, publish, or transmit in connection with the Sites any material that: You do not have the right to post, including proprietary material of any third party; advocates illegal activity or discusses an intent to commit an illegal act; is vulgar, obscene, pornographic, or indecent; does not pertain directly to the Sites; threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; seeks to exploit or harm children by exposing them to inappropriate Content, asking for personally identifiable details or otherwise; infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; violates any law or may be considered to violate any law; impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the Content; advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Sites; solicits funds, advertisers or sponsors; includes programs which contain viruses, worms and/or trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Sites; includes mp3 format files; amounts to a ‘pyramid’ or similar scheme; disobeys any policy or regulations established from time to time regarding use of the Sites or any networks connected to the Sites; or contains hyperlinks to other sites that contain Content that falls within the descriptions set forth above.

Although under no obligation to do so, the Company reserves the right to monitor use of the Sites to determine compliance with these Terms, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the Content of your submissions. You acknowledge and agree that neither the Company nor any third party that provides Content to the Company will assume or have any liability for any action or inaction by the Company or such third party with respect to any submission.

Security

Any passwords used for the Sites are for individual use only. You will be responsible for the security of your password (if any). The Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that the Company considers insecure, the Company will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with the Sites to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. The Company reserves the right to investigate suspected violations of these Terms.

The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms.

Blog

The content of any blog provided by the Company is for informational purposes only. The content is not intended to be and should not be construed to be a substitute for professional medical advice, diagnosis, or treatment.  Your reliance on any information provided on the blog or elsewhere on the Sites is solely at your own risk.

Miscellaneous

These Terms are governed and interpreted pursuant to the laws of Maryland, United States of America, without regard to its principles of conflicts of law.  By using any of the Sites, you consent to the personal and exclusive jurisdiction of the courts of Maryland in connection with any dispute between you and the Company. If any part of these Terms is unlawful, void or unenforceable by a court of competent jurisdiction, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms and the Privacy Policy constitute the entire agreement between the Company and you. The Company may revise these Terms at any time, without advance notice, and for any reason whatsoever. All amendments or restatements of these Terms shall become effective immediately upon their posting unless otherwise expressly noted.  Should you use any of the Sites following the posting of any amendments or restatements, such use shall be deemed conclusive evidence of your acceptance of all posted amendments and restatements.

The delay of the Company to enforce any right under these Terms or the Privacy Policy shall not be deemed a waiver. Should the Company not enforce any right in one instance shall not be construed as a continuing waiver of such right. 

The English language version of these Terms, as amended from time to time, shall be deemed the only official version of them.

Email and Other Communications. 

Email transmissions cannot be guaranteed to be secure, error-free, or having originated from the Company, or free from interception, virus, or manipulation. You should not expect that email and other communications with the Company will be confidential.

How to Contact Company.  If you have any questions, concerns, or complaints, please promptly contact Company as follows:

Curio Wellness
Attn: Legal Department
P.O. Box 5470
Towson, Maryland 21285

Updated: October 9, 2023