Online Privacy Notice

1. AGREEMENT TO TERMS

These Terms constitute a legally binding agreement between you and Curl EQ and all applicable affiliated companies, (collectively, “Curl EQ,” “we,” “us,” or “our”) posting these Terms on their websites (each, a “Site”), and any other online location, information or documentation operated by Curl EQ (the “Documentation”) (collectively, the Sites, and Documentation are referred to as the “Services”).

These Terms apply to your access to or use of the Services and any reference to “you” “your” or “user” refers to the individual using or accessing the Site pursuant to the Terms, and to the extent applicable, the words “you,” “your,” or “user” also refer to the legal entity on whose behalf the Services being used or accessed. The Effective Date of these Terms is the day you agree to these Terms or access the Services, whichever comes first. You may only use the Services after you agree to these Terms. If you do not agree to these Terms, you may not use our Services. If you are using or accessing the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to agree to these Terms on behalf of that legal entity

ACCEPTANCE OF TERMS. By accessing or using the Services, you confirm to us that: (1) you have read, understand, and agree to be bound by these Terms and (2) you (as the individual entering into these Terms) have the authority to enter into these Terms on behalf of the company or other entity.

2. PROPRIETARY RIGHTS

2.1Ownership. All patent, copyright, trademark, trade secret, ownership, license, intellectual property, and other rights and interests in the Services shall remain solely with Curl EQ, including its licensors.

2.2Feedback. Curl EQ is free to use any comments, suggestions, recommendations, and other feedback you provide with respect to the Services for any purpose, without obligation.

2.3Third-Party Brands and Trademarks. The Services may display third-party brand, logos, products, and company names and these are trademarks™ or registered trademarks ® of their respective owners.

3. MODIFICATION OF THE TERMS

We reserve the right, at our sole discretion, to change, modify, and/or add to the Terms, in whole or in part, at any time.

4. MODIFICATION OF THE SERVICES

We reserve the right to make changes, updates, or modifications to the Services at any time for any reason without notice to you.

5. OUR RIGHT TO SUSPEND OR TERMINATE YOUR USE OF THE SERVICES

We may suspend or terminate the Services or your account to use specific Services, including any portion thereof, at any time and without notice to you.

6. YOUR CONDUCT AND RESPONSIBILITIES

6.1User Conduct. You agree that you will not engage in, encourage, or assist any third party do any of the following:

6.1.1engage in activity that harms or disrupts the operation or performance of the Services or cause harm to others

6.1.2misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Services

6.1.3use the Services in any manner not permitted by us

6.1.4use our Services to train Artificial Intelligence systems

6.1.5use the Services for any illegal purpose

6.1.6use the Services to publish, post, share, copy, store, backup or distribute material protected by intellectual property rights of a third party, unless you own or have necessary rights to such material

6.1.7use the Services to publish, post, share, copy, store, backup or distribute material that contains viruses, Trojan horses, worms, corrupted files or any other similar software that may interfere with, surreptitiously intercept, expropriate any system, data or information, or otherwise damage the operation of the Services or another person’s device or property

6.1.8engage in online activities that would encourage other parties to cause damage to the Services

6.1.9violate, circumvent or attempt to violate or circumvent any security measures employed by us

6.1.10directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services

6.1.11alter or modify any disabling mechanism which may be included in Services

6.1.12collect or attempt to collect personal data, or any other kind of information about other users, including through spidering or scraping

6.1.13lease, rent, sell, transfer, distribute, re-license or sublicense the Services

6.1.14remove or alter any proprietary notices from the Services

6.1.15conduct automated queries on the Service

7. PRIVACY AND SECURITY

When you access and use the Services, we may collect certain information about you. Your use of and access to the Services is subject to our Privacy Notice, which can be accessed at www.curleq.com/privacynotice.

8. DISCLAIMERS

8.1As To Express and Implied Warranties. THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND.

8.2As to Third-Party Vendors. Your interactions with companies, organizations and/or individuals found on or through our Services are solely between you and such companies, organizations and/or individuals.

8.3As to the Accuracy of Images. We cannot guarantee the accuracy of images as transmitted electronically and as displayed on your device.

9. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL CURL EQ BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Curl EQ and its directors, officers, managers, employees, shareholders, agents, representatives and licensors.

11. ELECTRONIC COMMUNICATIONS AND NOTICES

From time to time, we may need to get in touch with you regarding the Terms, the Services, and/or other matters related to your account.

You may provide legal notices to us by registered mail, return receipt requested, to the following address:

Curl EQ

8000 Woodley Ave
Van Nuys, CA 91406

12. COMPLIANCE WITH LAW

You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your access to or use of the Services.

13. SEVERABILITY

If any provision of these Terms is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms.

14. GOVERNING LAW

These terms shall be construed and enforced in accordance with the laws of the State of California, United States of America.

15. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

15.1Dispute Resolution. If a dispute, controversy or claim arises relating to these Terms, we and you agree to first try to resolve the matter in good faith.

15.2Arbitration Agreement. If we are unable to resolve a Dispute, you and Curl EQ agree that any dispute will be determined by arbitration administered by JAMS.

15.3Waiver of Rights to Jury Trial and Class Action. You and Curl EQ are each waiving the right to a trial by jury.

16. GENERAL

16.1Age Restriction: The Services are intended for use by persons who are of the applicable age of majority in their state of residence.

16.2Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver.

16.3Force Majeure. We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control.

16.4Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms.

16.5Independent Contractors; Third Party Beneficiaries. You and we are independent contractors.

16.6Entire Agreement. These Terms constitute the entire understanding of the parties.

16.7Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied.

16.8Survival. The following provisions shall remain in full force and effect notwithstanding any termination of your use of the Services.