TERMS OF USE
ATTENTION. Please read these terms of use, privacy notices and legal restrictions (collectively, “Terms”) carefully before using this website. These Terms apply to all current and future users of this website. By accessing this website, you acknowledge and agree to be bound by and comply with these Terms. Cureous Innovations reserves the right, from time to time and without notice, to change these Terms. Cureous Innovations reserves the right to seek any and all remedies available at law or in equity for any violations of these Terms. You agree to defend, indemnify, save and hold harmless Cureous Innovations, and Cureous Innovations’ directors, officers, employees, and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of this website, or your violation or alleged violation of the Terms. If you do not accept these Terms, do not use this website.
Cureous Innovations maintains this site as a service to our customers, potential customers and other interested parties. You are invited to visit us, browse our pages and download documents, subject to the terms and conditions set forth below.
USE OF WEBSITE AND ITS CONTENT. Cureous Innovations authorizes you to view, copy and/or download the materials from its website only for your personal, non-commercial use, provided that you retain all copyright and other propriety notices contained in the original materials on any copies of the materials. Such use shall not be disparaging and/or derogatory of Cureous Innovations. You may not modify the materials at this website in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is strictly prohibited. The materials on this website are copyrighted, and any unauthorized use of any materials on this website may violate copyright, trademark, and other laws. Except as specified in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Cureous Innovations of any third party. If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded copies and/or printed materials.
NO WARRANTIES. CUREOUS INNOVATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES IMPLIED FROM A COURSE OF DEALING OR PERFORMANCE OR THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THIS WEBSITE WILL BE SECURE, THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU RELY UPON OR DOWNLOAD ANY MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN RISK. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM CUREOUS INNOVATIONS OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. CUREOUS INNOVATIONS MAKES NO WARRANTY AND DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR: (I) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE WEBSITE OR ANY CONTENT THEREIN, INCLUDING CONTENT DERIVED FROM THIRD-PARTIES; (II) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY COMMUNICATIONS MAINTAINED BY THE WEBSITE; (IV) WHETHER THE WEBSITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CUREOUS INNOVATIONS ON OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IN CERTAIN JURISDICTIONS, THE LAWS MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
LIMITED LIABILITY. BY ACCESSING AND USING THE WEBSITE, YOU AGREE TO ASSUME FULL RESPONSIBILITY FOR SUCH USE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU AGREE THAT USE OF THE WEBSITE IS SOLELY AT YOUR RISK AND YOU AGREE TO ASSUME THAT RISK. YOU AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER CUREOUS INNOVATIONS NOR ITS AFFILIATE COMPANIES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY INABILITY TO USE THE WEBSITE, INCLUDING LINKS TO OTHER WEBSITES, OR ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF INFORMATION YOU SEND TO US. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY DAMAGES OR INJURY ARISING FROM ANY UNAUTHORIZED ACCESS TO, MISUSE, ALTERATION, THEFT, DESTRUCTION OR LOSS OF ANY RECORD OR DATA, FAILURE OF PERFORMANCE, ERROR, OMISSION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, COMPUTER VIRUSES, FILE CORRUPTION, LOSS OF PROFITS.
ENFORCEMENT OF THESE TERMS. These Terms will be governed by and construed in accordance with the laws of the State of Maine, United States of America, without giving effect to any principles of conflicts of laws.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in Portland, Maine, U.S.A., under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Maine. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Cureous Innovations shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Maine, U.S.A., or any other court of competent jurisdiction.
COPYRIGHT. This website, including all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is owned or licensed by Cureous Innovations, and is protected by United States and international copyright laws. All software used on this site is owned or licensed by Cureous Innovations or their software suppliers, and is protected by United States and international copyright laws. All rights are reserved. The use, reproduction, and/or retransmission by any means without the express written permission of Cureous Innovations is strictly prohibited.
TRADEMARKS. The following are trademarks of Cureous Innovations:
- dataConnect™
- smartArchive™
- termAtlas®
Hidden text used by web search engines to find websites, also known as Metatags, may not be embedded into your website using any trademarks, logos, trade dress or service marks of Cureous Innovations, whether those trademarks, logos, trade dress and service marks are registered or unregistered. Trademarks, logos, trade dress and service marks of Cureous Innovations may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits Cureous Innovations. All other trademarks, logos, trade dress or service marks not owned by Cureous Innovations that appear on this site are the property of their respective owners, who may or may not be affiliated with, or connected to Cureous Innovations. Any improper or unauthorized use of a trademark, logo, trade dress or service mark of Cureous Innovations will be considered and will be prosecuted.
CUSTOMER ASSISTANCE POLICY. On occasion, purchasers of Cureous Innovations goods and services may ask Cureous Innovations for information or advice about their use of our products and services. Cureous Innovations’ employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Cureous Innovations employees, however, are not in a position to verify the information provided or to evaluate the requirements for a particular product or service. Accordingly, ANY TECHNICAL ADVICE, SERVICE OR ASSISTANCE CUREOUS INNOVATIONS PROVIDES IS GIVEN AS-IS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND AND ARE ACCEPTED AT CUSTOMER’S SOLE RISK.
PROHIBITED USE. You may use the website only for lawful purposes and in accordance with these Terms of Use. You agree that you will not: (i) use the website in any way that violates any applicable federal, state, local, or international law; (ii) use the website to transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (iii) use the website to impersonate or attempt to impersonate any other person or entity; (iv) use the website to corrupt or misuse any data, personal information or User Contributions that may be submitted to or accessed through the website; (v) use the website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the website or which, as determined by us, may harm Cureous Innovations or users of the website or expose them to liability; (vi) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful and will not attack the website via a denial-of-service attack or a distributed denial-of-service attack; (vii) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the website, the server on which the website is stored, or any server, computer or database connected to the website; or (viii) otherwise attempt to interfere with the proper working of the website. Cureous Innovations reserves the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the website.
CONDITIONS OF USE, NOTICES AND REVISIONS. If you choose to visit cureousinnovations.com, your visit, and any dispute over privacy, is subject to this Legal Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the State of Maine, U.S.A., without giving effect to any principles of conflicts laws. Our business changes constantly, and our Privacy Notice and Conditions of Use will change also. You should check our website frequently to see any recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you.
USER SUBMISSIONS. Any unsolicited material, information or other communication you transmit or post to this website (“Communications”) will be considered non-confidential and non-proprietary. Cureous Innovations will have no obligations with respect to the Communications. Cureous Innovations and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
LINKS TO OTHER WEBSITES. Cureousinnovations.com may contain links to other websites (“Links”). Links are provided solely as a convenience to you. If you use these Links, you will leave cureousinnovations.com. Cureous Innovations is not responsible for the content of the other websites or privacy and condition of use practices and policies employed by them. Thus, Cureous Innovations does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to cureousinnovations.com, you do this entirely at your own risk. Anyone linking to cureousinnovations.com from another website is subject to the Terms of this website and must comply with all applicable laws.
APPLICABLE LAWS. Cureousinnovations.com is administered by Cureous Innovations from its office in the United States of America. Cureous Innovations makes no representations that materials on this website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials on this website or any copy of adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. This website is controlled, operated, and administered from within the United States of America. Cureous Innovations makes no representation that the Cureous Innovation site is appropriate or available for use outside the United States. You are prohibited from accessing the Cureous Innovations website from countries or territories where any content on the Cureous Innovations sites might be illegal or prohibited. If you choose to access this website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Maine, U.S.A. without giving effect to any principles of conflicts of laws.
GENERAL
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this website.
This is the entire agreement between the parties relating to the subject matter in these Terms and shall not be modified except in writing signed by both parties or by a new posting by Cureous Innovations, as described above.
If any part of these Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Any rights not expressly granted herein are reserved.
If you have any questions about the rights and restrictions above, please feel free to contact Cureous Innovations at the following address or numbers:
- Email: info@cureousinnovations.com
- Phone: 1-866-592-4352
- Fax: 207-541-9258 (Attention: Corporate Counsel)
- Mail: Cureous Innovations Inc. Attention: Corporate Counsel, 60 Pineland Drive, Auburn Hall Suite 305, New Gloucester, Maine 04260 U.S.A.