Updated November 22, 2021
All content made available via the Services, is copyrighted work belonging to the Company. The Company grants you the right to use the Services subject to these Terms.
PLEASE NOTE: The Platform is a technology (the “System”) that helps the user(s) place orders from merchants and to help facilitate receipt of those orders, however, the Company never sells any offerings to You. The Company makes no claims, guarantees, warranties or promises regarding the efficacy of the System.
You hereby affirm, you will:
Platform is not available to minors; the precise definition of a minor is based on your jurisdiction typically a minor will be deemed individuals under the age of 18.
4.2 AFFIRMATION OF AUTHORITY
YOU HEREBY AFFIRM THAT YOU HOLD THE AUTHORITY TO ENTER THESE TERMS. Impersonation: YOU AGREE TO NEVER IMPERSONATE ANOTHER USER, SAID USER’S ACCOUNT, FORGE OR MANIPULATE HEADERS OR IDENTIFIERS TO DISGUISE THE SOURCE OF CONTENT TRANSMITTED VIA THE SERVICES.
INTELLECTUAL PROPERTY (“IP”)
All trademarks, logos, URLs, domain names and service marks (each a “Mark” and collectively the “Marks”), registered or not, displayed on the Platform are property of the Company or otherwise the property of third parties. You are not permitted to use, copy, download, display, transmit or modify any of these Marks in any way without the prior written consent of the Company. You may not include the Company name, Mark or any variation thereof, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between you and Company.
4.3 REPORT COPYRIGHT OR IP INFRINGEMENT
If you wish to inform us of a copyright or other claim for material on which you a registered intellectual property right email copyright at curbngo.com. The subject of the e-mail should read Digital Millennium Copyright Act (“DMCA”) Claim or if you wish, you may mail to Copyright Agent, c/o General Counsel, 300 Tice Blvd. Suite 175, Woodcliff Lake, NJ 07677.
4.3.1 DMCA NOTIFICATION:
For a claim of infringement to be considered, a notification must be provided and include the following:
4.3.2 DMCA COUNTER NOTIFICATION:
Should you wish to dispute such you may provide a Counter Notification by emailing copyright at curbngo.com and including the following:
6.2 User Content
We may, in our sole discretion, permit you to post, publish or otherwise transmit User Content. By sending us any communication you represent and warrant (a) that you have the right to disclose such; (b) that it does not violate anyone’s rights; (c) that we are under no obligation of confidentiality, express or implied, with respect to the communication, (d) that you understand that we may have something similar to the communication already under consideration or in development; (e) all such Content is accurate; (f) you should not post anything for which you were compensated or granted any consideration by any third party; (g) that you, alone are responsible for the contents of your submission.
(h) none of the content that you submit shall be subject to any obligation of confidence of anyone in or related to our Company; and (i) that you irrevocably waive, and cause to be waived, against us and our Users any claims and assertions of any moral rights contained in such communication. This communication section shall survive any termination of your account or the Platform.
6.2.1 Our Content License
By making available any User Content on or through the Platform, you hereby grant us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or any of our services, or for any other purpose in our sole discretion. Said license shall survive termination of the Platform or your Account. We do not claim ownership rights in your User Content.
6.2.2 Content Affirmations
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant us the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, publication, or other transmittal of User Content or our use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s proprietary or IP rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
6.2.3 Modify Access
We reserve the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason. We do not guarantee that you will have any recourse though, to edit or delete any content you have submitted.
6.2.4 Our Posting
We reserve the right to remove or to refuse to post any submission for any reason.
The Company reserves the right to monitor any and all uses of the Platform, in its sole discretion. However, unless required by law, Company has no obligation toward anyone to monitor or act based on any monitoring the Company may conduct. In addition, the Company reserves the right to record any interaction with the Platform, by anyone, without notice of said recording to such person. You agree that we may edit and/or withdraw your Content at our sole discretion, and you understand it remains your sole responsibility to monitor your User Content and ensure that any Content of yours that you see on the platform, or any portion thereof, regardless of form is accurate and consistent with your representations and warranties in these Terms.
If you wish not to receive promotional communications, please inform us by utilizing the unsubscribe link contained within the message. Messages about your order status or receipts that you receive from us are transactional and not promotional. To utilize our Services, we may require you to provide your email address, cellular number and/or enable push notifications from us and you affirm that we and our third parties may use such information to contact you about your transaction, communication and any other administrative or commercially reasonable purposes.
6.5 Promotions and Referrals
Promotions, incentive or referral programs and discounts (collectively, “Promotions”) made available in relation to the Platform are offers that are limited in time, quantity and scope, and may only be made available to specific users and are void as required by applicable law, rule or regulation. Moreover, we reserve the right, in our sole discretion, to cancel, terminate, modify or suspend any Promotions, in each case, in whole or in part, at any time without notice and for any or no reason, whether or not the User has benefited from such Promotion.
6.5.1 Promotional Terms
Other additional terms may apply to certain services and/or features offered on the Platform from time to time, for instance, such other terms may describe official rules for contests or sweepstakes on the Platform. Such terms are in addition to and subject to these Terms.
6.5.2 Gift Cards
In the event you purchase or receive a Curbngo gift card, your rights therein shall be governed further by any additional terms you see when you purchase or receive such card.
6.5.3 Referral Program
If the Company offers a referral program, the terms of such program may be found on the Platform.
7.1 Link to Third Party Websites
The Website may provide information from or contain links to other third-party websites. We do not inform you when you are leaving our Platform to enter such websites. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-Company website or its owner, and the Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to websites or accuracy of the content contained therein. Such websites, and any content contained therein, including any opinions, advice, statements, services, offers, or other information expressed or offers made available by a third party (the “Third Party Content”), are not under the control of the Company. If you decide to access any third-Party Content linked to or from the Website, you do so entirely at your own risk. Third party websites are subject to their own terms and policies, including data processing practices. The Company assumes no responsibility for Third Party Content. You acknowledge and agree that merchants that transact on our Platform are independent entities, and we are not responsible for any issues relating to their offerings at any time.
7.2 Social Media
The Company has a presence on social media (i.e., Facebook, Twitter or Instagram). While you interact with our page, followers or other users or visitors, you are subject to the terms of the social media platform. We encourage you to read their legal documents (i.e. Terms and Conditions) carefully.
These Terms, any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
7.4 Third Party Beneficiaries
There are no third-party beneficiaries to our Terms.
7.5 Relational Scope
Nothing in these Terms should be construed as creating a partnership, joint venture or agency between you and the Company.
THE COMPANY IS PROVIDING THE PLATFORM AND SERVICES, INCLUDING ALL SOCIAL MEDIA CONTENT, AND ANY RELATED CONTENT, AND THE SERVICES (as defined herein), ON AN “AS IS” BASIS FOR USE AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND QUIET ENJOYMENT. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE PLATFORM OR INFORMATION POSTED THEREON. INFORMATION HEREIN MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS PLATFORM AND MAY CONTAIN ERRORS. THE CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE SUITABILITY, USEFULNESS OR EXPECTED RESULTS OF THE CONTENT, SERVICES, PRODUCTS OR FUNCTIONS PROVIDED ON THE PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES IN WHICH EVENT ANY REQUIRED WARRANTY APPLIES TO THE MINIMUM EXTENT LEGALLY REQUIRED.
BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE PLATFORM OR THE SERVICES OR BOTH, YOU ACKNOWLEDGE YOUR FULL AND UNCONDITIONAL UNDERSTANDING AND AGREEMENT THAT THE ADMINISTRATION OF THE SERVICES INVOLVES WORKING WITH A UNIQUE INDIVIDUAL AND THAT, THEREFORE, NO SPECIFIC RESULTS ARE GUARANTEED TO BE ATTAINABLE AND THAT PRIOR RESULTS OF OTHER OF THE COMPANY’S CLIENTS ARE NOT INDICATIVE OF WHAT YOUR RESULTS MAY OR MAY NOT BE. FURTHER, BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE PLATFORM OR THE SERVICES OR BOTH, AND YOU VOLUNTARILY, HEREBY (I) CONFIRM THAT NO WARRANTY, GUARANTEE OR OTHER ASSURANCE HAS BEEN MADE TO YOU IN CONNECTION WITH THE SERVICES OR THE PLATFORM, AND (II) AGREE TO RELEASE AND HOLD HARMLESS THE COMPANY, ITS OFFICERS, EMPLOYEES AND AGENTS FROM ANY CONSEQUENCES OF THE SERVICES PROVIDED.
IN THE CASE OF ANY CONFLICT BETWEEN ANY LANGUAGE CONTAINED HEREIN, AND ANY SUBSEQUENT AGREEMENT ENTERED BETWEEN YOU AND THE COMPANY, YOU UNDERSTAND AND ACKNOWLEDGE THAT THE LANGUAGE OF SUCH SUBSEQUENT AGREEMENT WILL CONTROL, UNLESS STATED OTHERWISE IN THAT SUBSEQUENT AGREEMENT.
8.2 LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM, OR THE CONTENT, OR THE SERVICES, INCLUDING, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE COMPANY’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, OR THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF (I) FIFTY DOLLARS, OR (II) THE MINIMUM AMOUNT ALLOWED BY THE CONTROLLING JURISDICTION’S LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR AGGREGATE LIABILITY SHALL NEVER EXCEED THE AMOUNTS PAID BY YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE ALLEGED INJURY EVOKING SUCH CLAIM.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SAFETY AND VIABILITY OF ANY OFFERED HARDWARE IS ON AN “AS IS” BASIS. NO WARRANTIES EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE HARDWARE HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, CUSTOM OR COMMON LAW ARE EXPRESSLY EXCLUDED FROM THESE TERMS, AND FAIL TO APPLY WITH RESPECT TO THE HARDWARE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL WE EVER BE LIABLE FOR ANY INDIRECT OR DIRECT, PUNITIVE OR SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSSES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE PRESENCE, INSTALLATION, EXISTENCE, OR USE OF OR INABILITY TO USE OUR HARDWARE. NOR SHALL WE BE RESPONSIBLE FOR ANY INJURIES OR DAMAGES WHATSOEVER THAT RESULT FROM THE PHYSICAL ASPECTS OF THE HARDWARE, AND/OR ERRORS, INTERRUPTIONS, OMISSIONS, TECHNICAL OR PHYSICAL DEFECTS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE WHETHER OR NOT CAUSED BY EVENTS BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF G-D, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM. NEVER WILL WE BE LIABLE FOR ANY DAMAGES SOME JURISDICTIONS DO NOT ALLOW FOR SUCH LIMITATIONS FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; HENCE, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOU AGREE TO, AT YOUR OWN EXPENSE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, LICENSORS, SUPPLIERS, PARTNERS, OFFICERS AND DIRECTORS, FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, LIABILITIES, FEES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) (“CLAIMS”) ARISING FROM ANY THIRD-PARTY CLAIM, ACTION, SUIT OR PROCEEDING, TO THE EXTENT THAT SUCH CLAIM ARISES OUT OF OR RELATES TO ANY (I) ACT OR OMISSION BY YOU, YOUR AFFILIATES, YOUR RELATED PARTIES, OR YOUR REPRESENTATIVES, RELATING TO THE PLATFORM AND/OR OTHERWISE RELATING TO THESE TERMS AFFECTING OR RELATING ANY THIRD-PARTY, (II) YOUR USE OF THE SERVICES, (III) YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH YOUR USE OF THE SERVICES, (IV) YOUR FEEDBACK, USE OF OR CONTRIBUTION TO THE CONTENT. IN SUCH CASE, THE COMPANY WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
Our Platform or offerings sold by the merchants, may be subject to U.S. or international export and re-export control laws and regulations including the Export Administration Regulations (“EAR”) as well as trade sanctions managed by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”). You agree to comply with all laws mentioned in this section. You affirm that you are not located in any country whereby the US has embargoed goods or issued economic sanctions, and not a denied party under relevant export or re-export laws or regulations or alike international laws. You will never transact business, with or without the changing hands of monies, whereby you would violate any such laws.
10.1 Prices & Charges
You understand that: (a) the prices for the offerings displayed through the Platform may differ from the prices offered elsewhere for the same offerings.; (b) Company has no duty to itemize its costs, margins, or profits; and (c) Company reserves the right to change such prices at any time, at its sole discretion. The Company reserves the right to charge your payment method the final price after checkout including fees and tips. You are liable for all transaction taxes on the purchases you make herein. The charges paid by you for orders is billed on a per transaction basis either from the merchant or the Company or both. All payments will be processed by the relevant payment processor. If your payment details change, your provider may provide us with the update. We may use such or other data on file to help prevent any interruption to your usage of the Services. If you wish to switch to a different payment method, please update your billing information.
All charges paid by you, as described in Section 10.1 above, are final and non-refundable. We have no duty to issue a refund or credit to users, but the Company may grant them in its sole discretion and subject to its commercially reasonable judgement.
10.3 Risk of Loss
The Company, for the purposes of facilitating offering receipt by you is solely a technology provider and shall never, under any circumstances, be held liable for risk of loss pertaining to your order for an offering placed via the Platform. We or Merchant can cancel your order at any time with or without reason. We will notify you via the Platform and refund will be issued to your method of payment. Prior to delivery of the offering to your possession or the location you requested; the Merchant is responsible. Subsequent to such delivery, risk of loss is held by you. All Delivery and preparation times are estimates only, and cannot be guaranteed; thus, we, the merchant, and the delivery carrier are not liable for any such, cancellation, errors or delays in timing.
The Company may, at any time, terminate your use of the Services for any reason.
12.1 Service Limitations
We will make reasonable efforts to keep the Platform operational. Still, technical challenges, testing, updates, or maintenance may arise and may result in interruptions or complete system inaccessibility.
The Company makes no offer to provide any of the Platform in any language other than English. Some offerings or features on the Platform may not be available in your jurisdiction or outside of the United States, as determined by relevant laws dictating differing limitations. Nothing on the Platform shall be considered a solicitation to buy or sell a service in any jurisdiction where such would be unlawful under applicable law.
12.3 Technology Duties
You will not, whether manually or automatically:
You should be aware that information sent electronically is at your own risk. We may require encryption for certain data shared on the Platform for your protection and/or require you to use your authentication credentials. You are responsible for the confidentiality and use of your credentials or further authentication requirements. If you become aware of any loss, theft, or unauthorized use of your credentials, you must immediately notify us via info at curbngo.com. Please inform us of any mistakes, bugs, automatic technology, or violation of our IP rights that you discover. You may never circumvent or breach any security measures we use to restrict access to the Platform. Company will not be liable, and you may be liable for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your account, regardless of whether you have notified us of such unauthorized use. You agree that the Company will not be liable to you or to any third party for any modification, suspension or discontinuance of the Platform, the Services, and/or the Content.
13.1 Entire Agreement
These Terms represent the entire agreement between the Company and any and all Users relating to the subject matter herein.
13.2 Notice for California Residents under CA Civil Code section 1789.3
California residents may reach the Complaint Assistance Unit of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
If any part herein is, for any reason, held invalid or unenforceable, the other provisions will be unimpaired, and the invalid or unenforceable provision will be deemed modified so the agreement is usable to the maximum extent permitted by law.
13.4 Governing Law
These Terms do not supersede or amend (and will not take precedence over) any signed agreement between you and the Company with respect to the subject matter of said agreement, unless otherwise set forth in that said agreement.
You agree that if the Company does not enforce or exercise any legal right or remedy which is contained in the Terms or which the Company has the benefit of under any applicable law, failure to do so shall not constitute waiver of the Company’s right to such, and that those rights or remedies will remain available to the Company.
Should you have any questions about the foregoing, please contact the Company at the following email address: info at curbngo.com.
You agree that in the event of a dispute, you will aim to negotiate such informally with us for a minimum of 30-days prior before initiating arbitration, mediation or a court hearing. Please email us your request to do so at info at curbngo.com subject should say ATTN: General Counsel. Please provide your contact information.
PLEASE READ THIS SECTION CAREFULLY. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS. YOU AND COMPANY MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES COVERED IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE SUCH BY BINDING ARBITRATION AND SOLELY ON AN INDIVIDUAL BASIS AS EXPLAINED BELOW. This
agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives your relationship with Company. We agree that any use relating to or arising from your relationship with us must be arbitrated and not brought in a court of law. If we cannot agree whether a certain claim belongs in arbitration, we mutually agree to allow only an arbitrator to resolve such ambiguity. To start arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (found at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time available at adr.org or by calling the AAA at 800-778-7879. The arbitrator shall have the discretion to select a
different set of AAA Rules. You and we agree that arbitration shall be administered before only 1 arbitrator mutually agreed upon by the parties. If parties cannot agree, then 30 days later the AAA shall choose said single arbitrator. The arbitrator may award any remedies that would be available in court. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Your arbitration related fees will be dictated by the AAA Rules subject to the following: Each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court). The law to be applied and the venue shall be of the State of New Jersey.
15.3 Class Actions
YOU ACKNOWLEDGE AND AGREE THAT YOU AND CURBNGO ARE EACH WAIVING THE RIGHT TO JOIN ANY PURPORTED CLASS ACTION LAWSUIT, ARBITRATION, OR ANY OTHER SIMILAR PROCEEDING
(“Class Action Waiver”). The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The exception to banning a class proceeding is the California Private Attorney General Act (PAGA), addressed below. You and we agree not to bring a representative action on behalf of others under PAGA, in any proceeding and for any attorney general claim thereunder you and we agree that any such claim shall be resolved in arbitration on an individual basis only. If any portion of this PAGA Waiver is found unenforceable: the unenforceable provision shall be severed from these Terms; and severance of such provision shall not impact the Arbitration Agreement.