Last updated: May 25, 2022
Welcome to Curated.com. Curated, Inc. and/or its affiliates ("Curated" or "Curated.com") provide website features and other products and services to you when you visit or shop at Curated.com, use Curated.com products or services, use Curated.com applications for mobile, or use software provided by Curated.com in connection with any of the foregoing (collectively, "Curated.com Services"). Curated.com provides the Curated.com Services subject to the following conditions.
By using Curated.com Services, you agree to these terms and conditions. Please read them carefully.
We offer a wide range of Curated.com Services, and sometimes additional terms may apply. When you use a Curated.com Service you also will be subject to the guidelines, terms and agreements applicable to that Curated.com Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
INSIDERS PROGRAM - TERMS AND CONDITIONS
The following terms and conditions apply to Curated’s Insiders program and any store credit resulting from participation in the Insiders program (any such credit, “Insiders credit”):
- Insiders credit may only be applied toward full priced items sold by Curated. Credit is not valid in respect of any custom offers, limited-time items or pre-ordered items. Credit may not be applied to shipping costs, past purchases, return labels, exchanges, back-ordered items or tips. Other exclusions may apply. Discount does not apply to any products sold as a bundle.
- Insiders credit expires 1 year after earning.
- Membership in the Insiders program is valid for one (1) year from the date of purchase, and must be renewed each year by the Insiders member. Membership fee is non-refundable notwithstanding any cancellation of membership. Membership may be canceled at any time at the written direction of the Insiders member. Upon cancellation, membership will be valid until the date that is one (1) year from the date of purchase. Any balance of Insiders credit will survive the expiration or cancellation of the Insiders member’s membership.
- Insiders credit is not redeemable for cash or credit (except where required by law) or for Curated gift cards.
- Insiders credit is void on any items that are returned after purchase. If the applicable amount of Insiders credit relating to a returned item has already been spent, then the value of such Insiders credit will be deducted from any refund in respect of a future returned item, at Curated’s sole discretion.
- Insiders credit may not be combined with other offers.
- Any bonus gift card or other form of bonus credit offered under the Insider program is applicable to new Insider memberships only, with a limit of one bonus gift card or other form of bonus credit per new customer.
- Insider credit is not for resale and is non-transferable.
- You must have a valid email address in order to receive and use any Insider credit.
- Insider credit will not be replaced by Curated if it is stolen or otherwise misappropriated from you (except where required by law).
- VOID WHERE PROHIBITED.
- Any purchase of a membership in the Insiders program constitutes acceptance of these terms and conditions. The terms and conditions of the Insiders program may be changed at any time without notice.
CURATED GIFT CARDS -- TERMS AND CONDITIONS
The following are the terms and conditions applicable to your Curated Gift Cards. By purchasing, accepting, or using a Gift Card, you agree to be bound by these terms and conditions on behalf of yourself and all members of your household and others who purchase, accept, or use a Gift Card under your account.
- Gift Cards; Curated.com Balance; Redemption.
Curated Gift Cards are issued by Curated Inc., and include Gift Cards that are automatically added to your Curated.com Balance when you reload your balance (“Gift Cards”). Your Curated.com Balance displays the total remaining balance of all Gift Cards that have been applied to your Curated.com account but not yet applied to a purchase. We may refer to your Curated.com Balance as your “Curated Balance”, “Gift Card balance”, or “GC Balance”. To view your Curated.com Balance, visit our Gift Cards page on Curated.com. Purchases are deducted from your Curated.com Balance. Any unused Curated.com Balance will remain associated with your Curated.com account. If a purchase exceeds your Curated.com Balance, the remaining amount must be paid with another payment method. Gift Cards may only be redeemed toward the purchase of eligible goods and services provided by Curated, Inc. and its affiliates on www.curated.com, or certain of its affiliated properties. Eligible goods and services are subject to change in our sole discretion. Redemption of Gift Cards at any affiliated property is subject to change in our sole discretion.
Your Curated.com Balance cannot be used to purchase other Gift Cards, prepaid open loop cards, or certain third-party gift cards. Gift Cards cannot be resold; used for payment outside of www.curated.com or its affiliated properties; used for unauthorized advertising, marketing, sweepstakes, promotional or commercial purposes, including to facilitate the resale or shipment of goods from Curated.com; redeemed for more than face value; transferred for value; redeemed for cash; returned for a cash refund (except to the extent required by law); or used in a manner otherwise prohibited as set forth under “Restrictions and Prohibited Actions” below. No portion of your Curated.com Balance may be transferred to another Curated.com account. Neither your Curated.com Balance nor your Gift Cards may be applied to the purchase of goods or services at any Curated-affiliated property outside of the United States.
- Risk of Loss.
The risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from Curated or an authorized third party, and you are responsible for safeguarding your Curated.com Balance or Gift Card from unauthorized use. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Curated.com Balance or any Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Curated is not responsible for, and assumes no liability to you for, any unlawful conduct or fraud by any third party associated with any Gift Card.
- Use of Curated.com Balance or any Gift Card in Violation of these Terms and Conditions.
By using a Gift Card you agree to comply with these terms and conditions, and not to use a Gift Card in any manner that is misleading, deceptive, unfair, or otherwise harmful to Curated.com, its affiliates, or its customers. We reserve the right, without notice to you, to void Gift Cards (including as a component of your Curated.com Balance) without a refund, suspend or terminate customer accounts, suspend or terminate the ability to use our services, cancel or limit orders, and bill alternative forms of payment if we suspect that a Gift Card is obtained, used, or applied to a Curated.com account (or your Curated.com Balance is applied to a purchase) fraudulently, unlawfully, or otherwise in violation of these terms and conditions.
- Restrictions and Prohibited Actions.
There are certain restrictions in connection with the use of Curated.com Gift Cards. If you engage in these activities, Curated.com may prevent you from claiming or redeeming gift cards, or may take further action on your account without a refund. You may not:
- Sell or exchange a gift card for cash or for any other prepaid payment instrument.
- Give or receive a gift card as payment for goods or services off of Curated. A non-Curated entity or individual asking for Curated.com or third-party gift cards as a payment method for goods or services may be a scam.
- Purchase a gift card from an unauthorized third party as we cannot guarantee that they are legitimate.
- Use a gift card as payment for orders placed for commercial reasons (i.e. sourcing inventory online). That is, you may not use our Curated.com Gift Cards to fulfill sales or fund purchases that you are making with the intent of reselling or exporting the goods or services.
- Use a gift card to purchase certain ineligible goods and services. The goods and services eligible for purchase with our Curated.com Gift Cards are subject to change in our sole discretion. You'll need to provide a credit card, debit card, or other valid payment method to pay for an order that includes any ineligible items.
- Transfer a gift card to another account once the claim code has been redeemed.
- Redeem a gift card to an account if you are not the intended recipient. An example of when you are the intended recipient is if you received the gift card as a gift. You are not the intended recipient if you fraudulently deceived the purchaser into giving or selling you a gift card (even if they willingly do so at the time of transfer).
- Use a gift card for any illegal or unauthorized purpose.
The list of prohibited activities above is not intended to be a complete or exhaustive list of all prohibited activities. Engaging in any activity that, in our sole discretion, disrupts, or is harmful to our customers, reputation, goodwill, business, or operations is prohibited. Engaging in any prohibited activities, or using a Curated.com Gift Card in violation these terms and conditions may result in our taking action(s) against you, including, but not limited to, preventing you from claiming or redeeming gift cards, revoking gift card balances, or closing your account consistent with our terms and conditions.
- Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS OR YOUR CURATED.COM BALANCE , INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD.
Any dispute or claim relating in any way to Gift Cards or your Curated.com Balance will be resolved by the dispute resolution terms in our Conditions of Use.
- General Terms.
Our Conditions of Use apply to all use of Gift Cards. No fees apply to Gift Cards. We reserve the right to require additional verification of your identity, Gift Card or account ownership, or provision of an additional payment instrument, before you are able to apply a Gift Card to your account or your Curated.com Balance to a purchase. When you purchase, receive, or apply a Gift Card to your account, or your Curated.com Balance to a purchase, you agree that the Applicable Law as set forth in our Conditions of Use will govern these terms and conditions and any dispute that may arise between you and Curated, Inc., and its affiliates related to your use of a Gift Card or your Curated.com Balance. We reserve the right to change these terms and conditions without notice, from time to time at our sole discretion. All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
Please review our Privacy Notice, which also governs your use of Curated.com Services, to understand our practices.
When you use Curated.com Services, or send e-mails, text messages (see SMS section below), messages via social media and/or other applications, and other communications to or from your desktop or mobile device to or from us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Curated.com Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SMS (Short Message Service) and Text Messaging:
Curated.com may use SMS and text messaging to deliver promotions to you via your mobile phone or other SMS compatible device. The terms below relate to Curated.com’s use of such SMS and text messaging while you use or have used Curated.com Services. Curated.com provides SMS and text services to:
By electing to receive SMS messages, you agree that Curated.com or third parties operating on Curated.com’s behalf may use any automated or non-automated technology to send you SMS messages for promotional communication purposes. Data obtained through the short code program will not be shared with any third-parties for their marketing reasons or purposes. You understand that you are not required to receive Curated.com SMS messages as a condition of purchasing property, goods, or services from Curated.com.
You may be charged for these SMS messages based on your data plans, your mobile phone or wireless carrier for your device. Curated.com does not charge you for the SMS Program. Curated.com may send you an initial message confirming that we have received your opt-in and that you understand that additional charges may apply from your wireless carrier. After that, you will receive recurring SMS messages. In terms of frequency, we expect to send you up to three SMS messages per month pursuant to the SMS Program. MESSAGE AND DATA RATES MAY APPLY.
Not all wireless carriers are capable of receiving SMS messages. Please check with your service provider to determine whether your plan for your mobile or other device allows SMS messaging. Curated.com does not warrant or represent that it has the capabilities to successfully deliver SMS messages to your mobile phone or other device. Carriers are not liable for delayed or undelivered messages.
By signing up to receive Curated.com SMS messages, you represent that you are at least 18 years of age or older and understand the obligations and agree to the terms set forth in these terms related to SMS messaging or are at least 13 years of age and have permission from your parent or guardian to accept. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for SMS messaging. You further represent that you understand that as always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your data plan or text plan, it is best to contact your wireless carrier.
Curated.com may change these terms by providing notice to you of the new terms related to SMS messaging or the SMS Program and an effective date of such modifications upon which time you may freely choose whether to continue to receive SMS messages from Curated.com. Your continued enrollment in the SMS Program shall be deemed your acceptance of any such modifications.
Opting Out of the SMS Program
If you no longer want to receive Curated.com SMS messages in respect of promotional communication, you may opt out of the SMS Program by replying “STOP”, “STOPALL”, “UNSUBSCRIBE”, “CANCEL”, “END” or “QUIT” at any time.
If you are experiencing any issues with our SMS Program, you can reply with the keyword “HELP” for more assistance, call us at (415) 326-8176 during business hours (9:30AM to 5:00PM, Pacific Time), or email us at firstname.lastname@example.org.
Text Messaging Terms – Expert-Related Communication and Account Communication
Curated.com provides text services to:
(1) facilitate the matching of Curated.com users with experts in respect of product categories offered by Curated.com, as well as follow-on conversations with experts in respect of Curated.com Services (“expert-related communication”); and
(2) to respond to your inquiries regarding your account or use of Curated.com, as well as updates regarding any orders placed by you or on your behalf on Curated.com (“account communication”).
By electing to receive text messages, you agree that Curated.com or third parties operating on Curated.com’s behalf may use any automated or non-automated technology to send you informational and/or promotional text messages. You understand that you are not required to receive Curated.com text messages as a condition of purchasing property, goods, or services from Curated.com.
You may be charged for these text messages based on your data plans, your mobile phone or wireless carrier for your device. Curated.com does not charge you for its and text messaging services. Curated.com may send you an initial message confirming that we have received your opt-in and that you understand that additional charges may apply from your wireless carrier. After that, you will receive recurring SMS and text messages, and the specific amount may vary depending on how you use the Curated.com Services. MESSAGE AND DATA RATES MAY APPLY.
Not all wireless carriers are capable of receiving SMS or text messages. Please check with your service provider to determine whether your plan for your mobile or other device allows SMS messaging. Curated.com does not warrant or represent that it has the capabilities to successfully deliver SMS and text messages to your mobile phone or other device. Carriers are not liable for delayed or undelivered messages.
By signing up to receive Curated.com SMS text messages, you represent that you are at least 18 years of age or older and understand the obligations and agree to the terms set forth in these terms related to SMS and text messaging or are at least 13 years of age and have permission from your parent or guardian to accept. You further represent that you are the subscriber of the cellular service at the mobile number provided or that you are authorized by the subscriber to sign-up for SMS and text messaging. You further represent that you understand that as always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your data plan or text plan, it is best to contact your wireless carrier.
Curated.com may change these terms by providing notice to you of the new terms related to SMS and text messaging and an effective date of such modifications upon which time you may freely choose whether to continue to receive SMS and text messages from Curated.com. Your continued enrollment in Curated.com’s SMS and text messaging program shall be deemed your acceptance of any such modifications.
Opting Out of Text Messaging
As indicated above, there are three categories of SMS text messaging that you should expect to receive from Curated.com: (i) promotional communication, which is disseminated to many Curated.com users; (ii) expert-related communication, which is specific to you and is a direct conversation between you and a natural person; and (iii) account communication, which is also specific to you and your account. If you no longer want to receive Curated.com SMS or text messages in respect of promotional communication, you may opt out of the SMS program by following the instructions provided to you in any promotional SMS or text message, or you may reply “STOP”, “STOPALL”, “UNSUBSCRIBE”, “CANCEL”, “END” or “QUIT” at any time. If you no longer want to receive any expert-related communication or account communication (i.e., you want to cease all SMS and text messaging from Curated entirely and permanently), you may reply “STOP EXPERT”.
If you are experiencing any issues with our SMS or text messaging program, you can reply with the keyword “HELP” for more assistance.
All content included in or made available through any Curated.com Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Curated.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Curated.com Service is the exclusive property of Curated.com and protected by U.S. and international copyright laws.
Curated.com trademarks, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Curated.com Service are trademarks or trade dress of Curated.com in the U.S. and other countries. Curated.com's trademarks and trade dress may not be used in connection with any product or service that is not Curated.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Curated.com. All other trademarks not owned by Curated.com that appear in any Curated.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Curated.com.
Curated.com may own one or more patents which apply to the Curated.com Services and to the features and services accessible via the Curated.com Services. Portions of the Curated.com Services may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Curated.com or its content providers grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Curated.com Services. This license does not include any resale or commercial use of any Curated.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Curated.com Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Curated.com or its licensors, suppliers, publishers, rightsholders, or other content providers. No Curated.com Service, nor any part of any Curated.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Curated.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Curated.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Curated.com's name or trademarks without the express written consent of Curated.com. You may not misuse the Curated.com Services. You may use the Curated.com Services only as permitted by law. The licenses granted by Curated.com terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Curated.com account to use certain Curated.com Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Curated.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. You affirm that you are at least 18 years of age, or at least 13 years of age and have permission from your parent or guardian to accept these Conditions of Use, the Curated.com Services and Service Terms. Parents and guardians may create profiles for teenagers in their Curated.com Household. Alcohol listings on Curated.com are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Curated.com reserves the right to refuse service, terminate accounts, terminate your rights to use Curated.com Services, remove or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false name, e-mail address or phone number, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Curated.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If Curated.com receives notification or otherwise determines that any of such information was falsely provided, Curated.com reserves the right to refuse service, terminate accounts, terminate the information provider’s rights to use Curated.com Services, remove or edit content, or cancel orders in its sole discretion. Curated.com takes no responsibility and assumes no liability for any losses resulting from such falsely provided information.
If you do post content or submit material, and unless we indicate otherwise, you grant Curated.com 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 content throughout the world in any media. You grant Curated.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Curated.com for all claims resulting from content you supply. Curated.com has the right but not the obligation to monitor and edit or remove any activity or content. Curated.com takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All purchases of physical items from Curated.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Curated.com does not take title to returned items until the item arrives at our or our partner’s fulfillment center. At our discretion, a refund may be issued without requiring a return; in this situation, Curated.com does not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
Curated.com attempts to be as accurate as possible. However, Curated.com does not warrant that product descriptions or other content of any Curated.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Curated.com itself is not as described, your sole remedy is to return it in unused condition and obtain a refund..
"Suggested Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We consistently work toward maintaining competitive prices on everything we carry, and we regularly check Suggested Prices against prices recently found on Curated.com and listed by other retailers. Certain products may have a "Verified Price" displayed, which is determined using recent price history of the product on Curated.com, as last verified by Curated.com.
With respect to items sold by Curated.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Curated.com is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We may charge your credit card before your order has entered the shipping process or, for digital products, before we make the digital product available to you. See our Returns and Refunds Policy above for information on returns and refunds after we have charged your credit card.
We may use technology to check and update prices, and will endeavor to quality check the accuracy of such technology, but we cannot guarantee that our technology will accurately reflect the Suggested Prices or Verified Prices 100% of the time, and Curated.com reserves the right to cancel orders and refund customers' money because of pricing errors or for any reason that is may deem appropriate.
About Checkout Prices: Items in your checkout flow will always reflect the most recent price displayed on the item's product detail page. This price may differ from the price shown for the item when you first placed it for checkout. Placing an item to be checked out doesn't reserve the price shown at that time. It is also possible that an item's price may decrease between the time you place it for checkout and the time you purchase it. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. This applies only to products sold and shipped by Curated.com. Sellers may follow different policies in the event of a mispriced item.
About Surcharges: Oversized and extremely heavy items may incur a special shipping surcharge. The surcharge may vary depending on the size and weight of the item. This charge will be displayed in the Shipping & Handling subtotal of the order form. Some items may incur a sourcing fee to cover the expense of selling these items; we regret that we must occasionally pass these costs along to our customers. The sourcing fee, if applicable, will be listed along with the item's price on the product detail page.
About Promotional Pricing: Sometimes when we lower prices as part of a promotion, other retailers will decrease their own prices in response. As a result, we may decrease our price during the promotion, and after the promotion our price may be the same or even lower than the original promotional price in order to offer you consistently low prices.
When you use apps created by Curated.com, such as the Curated.com App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
COMPLIANCE WITH APPLICABLE LAW
You may not use any Curated.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Curated.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Curated.com Software), technology, and services.
Curated.com may process personal data as part of Curated.com Services, to which certain data protection or privacy laws may apply, including the European Union’s General Data Protection Regulation (“GDPR”). Under the GDPR you may qualify as the “controller” and Curated.com may qualify as the “processor” for personal data that Curated.com stores, transmits or manages for you. You must inform Curated.com if you (a) intend to use or access any Curated.com Service relating to activities establishing you as a “controller” or “processor” in the European Union pursuant to Article 3 of the GDPR or (b) believe that the GDPR or other data protection or privacy laws apply for other reasons, following which Curated.com will determine in its sole discretion whether it will permit you to continue using the Curated.com Services and whether you must enter into a separate data processing agreement with Curated.com.
Parties other than Curated.com operate stores, provide services or software, or sell product lines through the Curated.com Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Curated.com 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE CURATED.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CURATED.COM SERVICES, INCLUDING WITHOUT LIMITATION ANY COMMUNICATIONS, ADVICE OR GUIDANCE FROM ANY OF CURATED.COM, ITS AFFILIATES, ANY EXPERTS OR OTHER EMPLOYEES OR AGENTS OF CURATED (COLLECTIVELY, THE “CURATED PARTIES”), ARE PROVIDED BY THE CURATED PARTIES ON AN "AS IS", “WITH ALL FAULTS” AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NONE OF THE CURATED PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CURATED.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CURATED.COM SERVICES OR BY ANY OF THE CURATED PARTIES, UNLESS OTHERWISE SPECIFIED IN WRITING. ANY PRODUCT-RELATED WARRANTIES ARE LIMITED SOLELY TO THOSE WARRANTIES, IF ANY, PROVIDED OR EXTENDED BY THE RESPECTIVE MANUFACTURER. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CURATED.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EACH OF THE CURATED PARTIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NONE OF THE CURATED PARTIES MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON ANY PRODUCT. CURATED.COM DOES NOT WARRANT THAT THE CURATED.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CURATED.COM SERVICES, CURATED.COM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM CURATED.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, NONE OF THE CURATED PARTIES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CURATED.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CURATED.COM SERVICE, INCLUDING WITHOUT LIMITATION ANY COMMUNICATIONS, ADVICE OR GUIDANCE FROM ANY OF THE CURATED PARTIES, AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE CURATED PARTIES, COLLECTIVELY, WHETHER IN CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE ANY PRODUCT PURCHASED ON CURATED.COM OR ANY CURATED.COM SERVICE, EXCEED THE AGGREGATE PURCHASE PRICE OF THE APPLICABLE PRODUCTS YOU PURCHASED OR SOLD ON CURATED.COM.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Any dispute or claim relating in any way to your use of any Curated.com Service, or to any products or services sold or distributed by Curated.com or through Curated.com 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 the terms of these Terms & Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Paracorp Incorporated. 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. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Curated.com will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Curated.com Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms & Conditions of Use and any dispute of any sort that might arise between you and Curated.com.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies *including without limitation our Return Policy), Service Terms, and these Terms & Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
638 4th St
San Francisco, CA 94107
ADDITIONAL CURATED.COM SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Curated.com Services (the "Curated.com Software").
Use of the Curated.com Software. You may use Curated.com Software solely for purposes of enabling you to use the Curated.com Services as provided by Curated.com, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Curated.com Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Curated.com Software in whole or in part. All software used in any Curated.com Service is the property of Curated.com or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Curated.com Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the Curated.com Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the Curated.com Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Curated.com Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other Curated.com or third-party terms applicable to any portion of Curated.com Software, such as open-source license terms, such other terms will control as to that portion of the Curated.com Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA
If you have a subpoena to serve on Curated.com, please note that Curated.com does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on Curated.com, preferably by mailing the subpoena to Paracorp Incorporated, Curated.com's national registered agent. Please find below the California address for Paracorp Incorporated (the Paracorp Incorporated office in your jurisdiction may be located through the Secretary of State website):
Curated, Inc c/o Registered Agent Solutions, Inc.
1220 S Street, Suite 150
Sacramento, CA 95811
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Curated.com devices; and IP address and complete time stamps.
Notice and procedure for making claims of copyright infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint to the address below. We respond quickly to the concerns of rights owners about any alleged infringement.
If you submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Curated.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Curated.com Legal Department
638 4th St
San Francisco, CA 94107
Please note that this procedure is exclusively for notifying Curated.com that your copyrighted material has been infringed.
If you have a dispute with one or more third parties via your use of Curated.com, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms & Conditions of Use, your improper use of Curated.com's Services or your breach of any law or the rights of a third party.
State and local sales taxes
Taxes charged to your credit card will be calculated based on the applicable state and local sales taxes when your order is billed.
The terms contained herein are subject to change as the taxation of online transactions is continually evolving. Curated.com strives to comply with state and local tax laws as they exist currently, and continues to monitor and update its taxation policies as those laws change.
States & U.S. Territory Where Curated.com Collects Sales Taxes, to the extent Curated.com is the party who is charging you for such purchase (Curated.com is not responsible when you pay a third party directly through their website, regardless of whether you originally clicked through to such website from Curated.com)
Orders shipped to AZ, AK, AL, CA, CO, CT, DC, DE, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, MA, MD, ME, MI, MN, MO, NC, NE, NY, NJ, NV, OH, OK, OR, PA, RI, SC, SD, TN, TX, UT, VA or WA will have all applicable local and state sales taxes added to your total order.
States Where Curated.com Does Not Collect Sales
Curated.com does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases.
You may have a tax obligation in states where Curated.com does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
Vermont sales tax
Vermont requires the tax not collected by Curated.com on taxable purchases shipped to Vermont be reported by the purchaser and paid on either the Vermont individual income tax form [IN-111, Line 27], or the Vermont use tax form [SU-452]. The use tax forms and instructions are available on the Vermont Department of Taxes website.
Notice for California users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. Curated.com may be contacted in writing at 638 4th St, San Francisco, CA 94107 or by telephone at (415) 855-1825.