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Terms & Conditions

GENERAL TERMS AND CONDITIONS

Excurvant LLC, a Delaware limited liability company (“Excurvant”), requires that all visitors to this website (this “Site”) agree to the following terms and conditions. If you do not agree with the following terms and conditions, you should not use this Site. By accessing the Site you indicate your acceptance of the following terms and conditions.

Restrictions on Use

All of the text, images, graphics, sound files, animation, video and/or their arrangement on this Site are all subject to intellectual property right protection and such material from this Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Excurvant. Modification or use of the materials for any other purpose violates Excurvant’s intellectual property rights. Excurvant does not transfer any property rights or issue any license by allowing use of this Site.

Copyright Ownership

All content included in or made available through this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Excurvant or its content suppliers and protected by copyright laws. The compilation of all content included in or made available through this Site is the exclusive property of Excurvant and protected by copyright laws.

Trademark Ownership

‘Excurvant’ is a trademark used and owned by Excurvant, and all rights thereto are hereby reserved. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through this Site are trademarks or trade dress of Excurvant. Excurvant 's trademarks and trade dress may not be used in connection with any product or service that is not Excurvant's in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Excurvant. All other trademarks not owned by Excurvant that appear in this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Excurvant.

Submissions and Other Content

All remarks, suggestions, ideas, graphics, or other information communicated to Excurvant through this Site (each, a “Submission”) will forever be the property of Excurvant. Excurvant will not treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Excurvant operations. Without limitation, Excurvant will have the exclusive ownership of all present and future existing rights to any Submission of every kind and nature everywhere. Excurvant will be entitled to use any Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending any Submission. Excurvant takes no responsibility and assumes no liability for any Submission posted by you or any third party. You represent and warrant that any Submission posted by you is accurate and that the use of such Submission does not violate these terms and conditions and will not cause injury to any person or entity. You will indemnify Excurvant for all claims resulting from any Submission posted by you. To the extent that any ownership rights to any Submission posted by you (or any portion thereof) are reserved to you or any other party by law: (i) you grant Excurvant a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Submission (or any portion thereof, including without limitation the name that you submit in connection with such Submission) throughout the world in any media; and (ii) you represent and warrant that you own or otherwise control all such rights. Excurvant does not warrant or make any representation regarding the use of the content of this Site in terms of correctness, accuracy, and reliability or otherwise. The content of this Site may include technical inaccuracies or typographical errors and Excurvant may make changes or improvements to such content at any time.

No Warranties or Representations

THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCURVANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCURVANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EXCURVANT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ACCORDINGLY, BY USING THIS INFORMATION YOU AGREE THAT EXCURVANT (INCLUDING ITS AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) ARE NOT LIABLE FOR DAMAGES OF ANY KIND.

Restriction of Liability

By accessing and using this Site, you agree that Excurvant will not be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. Further, Excurvant will not be liable for any damages or injury, including, but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if there is negligence on Excurvant or an authorized Excurvant representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. As such, Excurvant’s total liability to you for all losses, damages, and causes of action will not be greater than the amount you paid to access this Site.

Other Businesses

This Site provides links to the sites of certain other businesses. Excurvant is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their sites. Excurvant does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disputes

Any dispute or claim relating in any way to your use of this Site, or to any products or services sold or distributed by Excurvant or through this Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

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 and conditions as a court would.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial. You agree that Excurvant may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Modification and Severability

Please review our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy also governs your use of this Site. We reserve the right to make changes to this Site and these terms and conditions (including the Privacy Policy) at any time. If any portion of these terms and conditions (including the Privacy Policy) shall be deemed invalid, void, or for any reason unenforceable, such portion shall be deemed severable and shall not affect the validity and enforceability of any remaining portions of these terms and conditions (including the Privacy Policy).

Miscellaneous

These terms and conditions will be governed and interrupted pursuant to the laws of the State of New York inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this Site. Excurvant can revise these terms and conditions at any time by updating this posting. This Site may be linked to other sites which are not maintained by Excurvant. Excurvant is not responsible for the content of those sites.

Parents

Excurvant strongly encourages all parents to supervise their children’s on-line activities and regularly monitor their children’s use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s on-line use or on-line disclosure of their name, address or other personal information without parental consent.