Terms of Service
Last Update: June 7, 2019.
The use of www.curistrelief.com (hereafter “Website”), which is owned and maintained by Little Pharma, Inc. (“Curist,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, purchasing, or subscribing over the Website, you agree to the terms set forth herein. If you do not agree to these terms in their entirety, you are not authorized to access, use, purchase, or subscribe via the Website.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 14.
Curist reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at www.curistrelief.com/terms-of-service/. Use of the Website after such changes constitutes acceptance of such changes.
SECTION 1 – WEBSITE USE
The Website is intended for adults. If you use, purchase, or subscribe via the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, icons, video and audio clips, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Curist trademark and logo are proprietary marks of Little Pharma Inc., and the use of those marks is strictly prohibited unless otherwise provided for by these Terms. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Curist.
Subject to your continued strict compliance with all Terms, Curist provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 3 – NO MEDICAL ADVICE OR SERVICES
Curist does not offer any medical advice or services to its users. The medical professionals who provide content for the Website, including our blog posts, are healthcare providers who provide services in the field of medicine independently of the Website. Some of these medical professionals may use the Website to market their services. THE CONTENT FOUND ON THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, TREATMENT, OR RECOMMENDATIONS OF ANY KIND.
SECTION 5 - PROHIBITED USE OF THE SITE
You agree to use the Website for personal use, and that any purchases made through the Website, including through any subscription, are for personal use only. PRODUCTS OBTAINED THROUGH THE WEBSITE, WHETHER PURCHASED OR OBTAINED AS A SAMPLE OR OTHERWISE, MAY NOT BE SOLD, RESOLD, OR DISTRIBUTED. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled, or products or services to be provided, that we believe, in our sole discretion, may result in the violation of our Terms. You must eighteen (18) years old (or the age of majority in your jurisdiction) to purchase from our Website.
You further agree not to use or attempt to use the Website in any unlawful manner or a manner harmful to Curist. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website including, but not limited to, refraining from:
SECTION 6 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
In order to make a purchase from or subscribe via the Website, you will be required to create an account with Curist. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Curist user account, and you agree not to transfer the password or user name, or lend or otherwise transfer your use of or access to your user account, to any unauthorized third party. You are fully responsible for all transactions with, and information conveyed to, Curist under your user account. You agree to notify Curist immediately of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Curist is not liable, and you will hold Curist harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 16 below for additional information.
SECTION 7 – ONE-TIME AND RECURRING PURCHASES; CANCELLATION OF SUBSCRIPTION
Most of our products may be purchased one time or on a subscription basis that renews every 30 days. Your subscription will automatically renew at the end of each 30-day period until you cancel. Your billing date (“Billing Date”) will be on the same date each month, beginning with the date of your first subscription purchase. You must have a current, valid method of payment in order to subscribe, and on each Billing Date. You can add and remove payment methods in your account settings.
Your subscription fee (“Subscription Fee”) is the price of the product(s) you ordered at the time you subscribed, plus shipping and handling. Refer to the product page(s) for current prices and shipping costs. We reserve the right to change our prices at any time, but we will notify you at least 30 days before your next Billing Date to inform you of the change and offer you the opportunity to cancel. Failure to cancel within 15 calendar days of notification constitutes your consent to the price change, and you will be charged the new Subscription Fee on the next Billing Date.
Subscriptions can be cancelled at any time. Cancellations must be received at least 15 calendar days prior to your next Billing Date, in order to avoid being charged on the next Billing Date. If you cancel with fewer than 15 calendar days remaining until your next Billing Date, you will be charged on the next Billing Date, which will be your final bill. To cancel, email firstname.lastname@example.org.
We accept returns of unopened products for 30 days, and will refund to your original form of payment. Shipping costs are not refundable. Email email@example.com for instructions.
SECTION 9 – TEXT MESSAGE MARKETING AND PROMOTIONS
You understand, acknowledge, and agree that Curist may, at its sole discretion and without liability to you or any user, terminate its offer of any specific Text Service or all Text Services at any time without advance notice. Curist may provide notice of terminations or changes in services on the Website.
SECTION 10 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Curist is pleased to hear from users and customers and welcomes your comments regarding our services and products. Curist may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Curist’s services or products, in printed and online media, as Curist determines in its sole and exclusive discretion. Testimonials represent the unique experience of the individuals submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. Your results may vary depending upon your individual health and symptoms.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, biographies, comments, and suggestions is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such submissions. You agree that this authorization and license may be assigned by Curist to any other party.
Additionally, Curist reserves the right to correct grammatical and typing errors, to shorten submissions prior to publication or use, and to review all submissions prior to publication or use. Curist shall be under no obligation to use any, or any part of, any submission.
SECTION 11 – CONTESTS, SWEEPSTAKES AND PROMOTIONS
From time to time, Curist, its affiliates or its third party service providers, suppliers or advertisers may conduct promotions on or through the Website, including, but not limited to contests and sweepstakes (“Promotions”). Each Promotion may have additional terms and conditions and/or rules that will be posted or otherwise made available to you and, for purposes of each promotion, will be deemed incorporated into and form a part of this Agreement.
SECTION 12 – DISCLAIMERS OF OTHER WARRANTIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS, INFORMATION,PRODUCTS AND SERVICES CONTAINED AND OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE WEBSITE OR ANY PRODUCT OR SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
SECTION 13 – LIMITATIONS OF LIABILITIES
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL CURIST, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE WEBSITE OR ANY PRODUCTS OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF, PURCHASE OR SUBSCRIPTION VIA THE WEBSITE OR ANY PRODUCT OR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT OR PRODUCT OR SERVICE POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE, EVEN IF ADVISED OF THEIR POSSIBILITY.
IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, CURIST IS FOUND LIABLE UNDER ANY THEORY, CURIST’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $1,000.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO CURIST IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER CURIST WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
SECTION 14 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU AGREE TO WAIVETHE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE TO ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, and regardless of which party partially or fully prevails, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of New York without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
You and Curist agree that disputes will only be arbitrated on an individual basis and shall not be consolidated on a class wide or other representative basis, nor consolidated with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. Youand Curist expressly waive any right to pursue any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120-day informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with Curist, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $5,000.00.
SECTION 15 – CURIST’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Curist, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Curist or a third-party, Curist shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in New York, NY enjoining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Curist from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you. You hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of New York, NY for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 16 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Curist, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, information, services, or products, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.
SECTION 17 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on the Website infringes any copyright youown, you or your agent may send Curist a notice requesting that Curist remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Curist a counter-notice. Notices and counter-notices should be sent to Little Pharma, Inc., 170 Amsterdam Avenue, Suite 6C, New York, NY 10023 or by email to firstname.lastname@example.org.
SECTION 18 – THIRD-PARTY LINKS
SECTION 19 – TERMINATION
This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT,” “I ACCEPT,” “I AGREE,” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you or your business have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice.
Sections 10, 12 through 16, and 20 through 27 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Curist.
SECTION 20 – NO WAIVER
No failure or delay on the part of Curist in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Curist.
SECTION 21 – GOVERNING LAW AND VENUE
SECTION 22 – FORCE MAJEURE
Curist will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Curist. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Curist shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
SECTION 23 – ASSIGNMENT
Curist may assign its rights under this Agreement at any time, without notice. Your rights and obligations under this Agreement cannot be assigned without Curist’s (or its assigns’) express written consent.
SECTION 24 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered an electronic communication. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
SECTION 25 – CHANGES TO THE AGREEMENT
SECTION 26 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 27 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and Curist, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written. We may also, in the future, offer new services, products and/or features through the Website. Such new features, products and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 28 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to email@example.com.
If you have any questions or inquiries concerning any of the Terms, you may contact Curist by e-mail at or by regular mail at:
Little Pharma, Inc.
170 Amsterdam Avenue
New York, NY 10023
Notices to you may be made by posting a notice (or a link to a notice) on www.curistrelief.com/terms-of-service, by e-mail, or by regular mail, at Curist’s discretion.
Copyright 2019 – Little Pharma Inc. - All Rights Reserved