CURAH -- MARKETPLACE FOR ON-DEMAND BEAUTY MARKETPLACE -- TERMS OF SERVICE: These terms of service (these “Terms”) apply to the on-demand beauty marketplace (collectively, the “Marketplace”) provided by Curah, Inc. (“Curah”) via our application (“App”). By registering to use the Marketplace, accessing the Marketplace or providing access to any beauty services via the Marketplace, you agree and acknowledge that you have read all of the terms and conditions of these Terms, and you agree to be legally bound by all of the terms and conditions of these Terms (including the mandatory arbitration provision and class action waiver in Section 15). These Terms apply to individuals and entities that provide beauty services via the Marketplace (“Providers”) and individuals and entities that obtain access to beauty services via the Marketplace (“Customers”). Unless otherwise specified, “you” refers to both Providers and Customers.We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through the Marketplace or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Marketplace after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Marketplace.1. PRIVACYFor information about how we collect, use and share information about users of the Marketplace, please see our Privacy Policy. 2. MARKETPLACE & REGISTRATIONMarketplaceThe Marketplace connects Providers and Customers and enables Providers to provide beauty services for purchase by Customers. Each beauty service offering includes a description of the beauty service, its associated price, and other related terms and conditions. Customers may purchase beauty service on an individual basis[or as part of a subscription plan].Curah grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited license to access and use the Marketplace subject to the terms and conditions set forth in these Terms.RegistrationIn order to access the Marketplace, Providers and Customers must register with Curah by completing the registration forms provided via the App. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the App (“Registration Data”), (b) maintain the security of your Curah account password, (c) maintain and promptly update the Registration Data, and any other information you provide to Curah, to keep it accurate, current, and complete and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Curah. You are responsible for safeguarding the passwords you use to access the Marketplace and agree to be fully responsible for activities or transactions that relate to your Curah account or password. You must notify Curah immediately if you learn of an unauthorized use of your Curah account or password.Beauty Service -- Between Providers and Customers -- Not CurahCurah provides the Marketplace, but the terms and conditions applicable to the provision and receipt of the beauty services are between Providers and Customers (not Curah).With respect to each beauty service, Customers and Providers acknowledge and agree that the terms and conditions applicable to the purchase and provision of beauty services are solely between each Provider and each Customer, and not with Curah. Each Provider (not Curah) is responsible for all support and all claims relating the beauty services listed by each such Provider on the Marketplace. Provider -- Beauty Service OfferingsProviders may offer beauty services via the Marketplace by completing Curah’s listing form.For each beauty service, Provider must provide (a) a description of such beauty service, (b) the fees for the performance of such beauty service, and (c) other applicable terms and conditions (collectively, “Beauty Service Terms”).In connection with the listing of beauty services, Provider may post content, terms, links, comments, and other materials (“Provider Content”) on the Marketplace. When you post, link, or otherwise make available Provider Content to the Marketplace, you grant Curah a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the App. Curah reserves the right, but does not have the obligation, to remove, screen, or edit all Provider Content at any time and for any reason without notice. The posting of any content must be in accordance with Curah’s acceptable use policy [please insert hyperlink to acceptable use policy].Provider consents to Curah’s use of its name and, if applicable, beauty service Provider’s company’s name and logo on the App and Curah’s publicly-available online and printed materials, identifying Provider (and, if applicable, beauty service Provider’s company) as part of the Curah beauty service network.Provider, not Curah, is responsible for monitoring and enforcing the Beauty Service Terms applicable to each beauty service. Provider acknowledges and agrees that Curah will not be liable for any actual or alleged breach of the terms and conditions governing the use of beauty services by any Customer (or any damages arising from or related to such actual or alleged breach).Provider represents and warrants that (a) all representations and warranties made by Provider with respect to each beauty service made available via the Marketplace by Provider are true and accurate, and (b) it owns (or has full rights to) to market, promote, offer to sell, sell, grants access to, and distribute the beauty services that Provider makes available via the Marketplace and all of the related Beauty Service Terms posted to the Marketplace.In no event may Provider use any email addresses or other contract information provided by a Customer via the App to solicit such Customer or other customers to (a) leave the Marketplace, or (b) obtain beauty services directly from Provider or any non-Curah source.Customer -- Beauty Service Reviews and User ContentIn connection with the review and purchase of beauty services, Customer may post content, terms, links, comments, and other materials (“Customer Content”) on the Marketplace. When you post, link, or otherwise make available Customer Content to the Marketplace, you grant Curah a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any manner or media on or off the App.Curah reserves the right, but does not have the obligation, to remove, screen, or edit all Customer Content at any time and for any reason without notice. The posting of any content must be in accordance with Curah’s acceptable use policy [please insert hyperlink to acceptable use policy].Customer consents to Curah’s use of its name on the App and Curah’s publicly-available online and printed materials, identifying Customer as part of the Curah beauty service network.Beauty Service FeesFees for beauty services are determined by Providers and are quoted in U.S. Dollars. Customer must pay the fees applicable to the beauty service selected by Customer (“Beauty Service Fees”) by credit or debit card prior to receipt of such beauty service. Customer hereby authorizes Curah (or its authorized payment processor) to charge the applicable Beauty Service Fees to the credit/debit card number provided via the App by Customer, and Customer represents and warrants that Customer is authorized to use and have fees charged to the credit/debit card number provided to Curah by Customer. Following Curah’s receipt of the Beauty Service Fees applicable to a beauty service listed on the Marketplace by a Provider, Curah will pass on such amount less a Curah transaction fee. Providers are paid on a [monthly][quarterly] basis in arrears via the Marketplace. Notwithstanding any terms to the contrary in these Terms, Providers acknowledge and agree that Curah will use reasonable effort to collect Beauty Service Fees, but Curah is not responsible for any failure to collect Beauty Service Fees (including, but not limited to, any damages that arise out of, result from, are attributable to or are in any way incidental to such failure). Curah, at its sole discretion, may modify its transaction fees with no less than [30] days advance notice. 3. CURAH MATERIALSUnless otherwise expressly indicated in these Terms, (a) all user profiles and user contact information, and (b) all information, materials, and content of the Marketplace, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, “Curah Materials”) are exclusively owned by Curah or are used with permission. You may not use or disclose any of the Curah Materials without Curah’s express prior written consent. 4. COPYRIGHT POLICYApp users may report content that appears on/via the App or Marketplace to Curah that he/she thinks violates these Terms, and Curah may remove such content, suspend or terminate the account of the user who made posted such content and/or take additional action to enforce these Terms against such user. Also, in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Curah has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. Curah also may, at its discretion, limit access to the Marketplace and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you think that anything on the Marketplace infringes upon any copyright that you own or control, you may file a notification with Curah’s Designated Agent as set forth below:Designated Agent:[insert name]Address of Designated Agent:[insert address]Telephone Number of Designated Agent:[insert telephone]Fax Number of Designated Agent:[insert telephone number]Email Address of Designated Agent:[insert email address]Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent that any material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, Curah or the alleged infringer incurs because we relied on the misrepresentation when removing or disabling access to the material or activity. 5. FEEDBACKAny suggestions, comments, or other feedback provided by you to Curah with respect to the Marketplace, the App, or Curah (collectively, “Feedback”) will constitute confidential information of Curah. Curah will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise. 6. LINKSYou are granted a limited, non-exclusive right to create a text hyperlink to the Marketplace for noncommercial purposes, provided such link does not portray Curah or any of its products and services in a false, misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. Curah makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Marketplace or App. Curah provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Curah of the corresponding site or any information contained in (or made available via) that site. When you leave the App, Curah’s terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the App.7. THIRD-PARTY ADVERTISINGCurah may run advertisements and promotions from third parties through or in connection with the Marketplace or may provide information about or links to third-party products or services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings, correspondence, or promotions, are solely between you and the applicable third party. Curah is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Marketplace. 8. TRADEMARKSCurah’s name, trademarks, logos, and any other Curah product, service name, or slogan included in the Marketplace are property of Curah and may not be copied, imitated, or used (in whole or in part) without Curah’s prior written consent. The look and feel of the Marketplace and the App, including all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Curah and may not be copied, imitated, or used (in whole or in part) without Curah’s prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Marketplace (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of such Third-Party Trademarks is intended to denote interoperability and does not constitute an affiliation by Curah and its licensors with such company or an endorsement or approval by such company of Curah or its licensors or their respective products or services.9. SUSPENSION OR TERMINATIONCurah may, at its sole discretion, suspend or terminate your license to access or use the App at any time and for any reason without notice. You must stop accessing or using the App immediately if Curah suspends or terminates your license to access or use the App. Curah reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the App during suspension or after termination. Curah may recover its reasonable attorneys’ fees and court costs from you for such actions. These Terms will remain enforceable against you while your license to access or use the App is suspended and after it is terminated. Except for the license granted to you to access and use the App and all payment terms, all of the terms, conditions, and restrictions set forth in these Terms will survive the termination of these Terms.Providers and Customers acknowledge and agree that Curah may remove any beauty service listing, Provider Content, or Customer Content at Curah’s sole discretion. 10. DISCLAIMERYOUR USE OF THE APP IS AT YOUR SOLE RISK. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURAH DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) ARISING FROM OR IN CONNECTION WITH THESE TERMS (INCLUDING, BUT NOT LIMITED TO, THE MARKETPLACE, ALL BEAUTY SERVICES PROVIDED VIA THE MARKETPLACE, ALL PROVIDER CONTENT, ALL CUSTOMER CONTENT, ALL CURAH MATERIALS, AND THE THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW)), WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT CURAH KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), OR (CI) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. 11. INDEMNIFICATIONTo the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Curah and our officers, directors, agents, partners and employees (individually and collectively, the “Curah Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Marketplace, (b) your content; (c) your violation of these Terms, (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights), or (e) your conduct in connection with the Marketplace. You agree to promptly notify Curah Parties of any third-party Claims, cooperate with Curah Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). You also agree that the Curah Parties will have control of the defense or settlement, at Curah's sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Curah or the other Curah Parties.12. LIMITATION OF LIABILITYOUR TOTAL LIABILITY ARISING FROM OR IN CONNECTION WITH THESE TERMS (INCLUDING, BUT NOT LIMITED TO, THE MARKETPLACE, ALL BEAUTY SERVICES PROVIDED VIA THE MARKETPLACE, ALL PROVIDER CONTENT, ALL CUSTOMER CONTENT, ALL CURAH MATERIALS, AND THE THIRD-PARTY INFRASTRUCTURE (AS DEFINED BELOW)) WILL NOT EXCEED THE INITIAL FEE TO DOWNLOAD THE APP (AS OPPOSED TO AMOUNT PAID FOR ANY BEAUTY SERVICES OR ANY OTHER FEES/COSTS RELATED TO THE USE OF THE MARKETPLACE INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).EXCEPT AS EXPRESSLY STATED ABOVE, TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, BODILY INJURY, EMOTIONAL DISTRESS OR DEATH HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 13. RELEASETo the fullest extent permitted by applicable law, you release Curah and the other Curah Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”14. TRANSFER AND PROCESSING DATAIn order for us to provide the Marketplace, you agree that we may process, transfer, and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.15. ARBITRATIONDispute Resolution; Binding ArbitrationPlease read the following section carefully because it requires you to arbitrate certain disputes and claims with Curah and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial. No Representative Actions. You and Curah agree that any dispute arising out of or related to these Terms or the Marketplace is personal to you and Curah and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.Arbitration of Disputes. Except for small claims disputes in which you or Curah seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Curah seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Curah waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or the Marketplace resolved in court. Instead, for any dispute or claim that you have against Curah, you agree to first contact Curah and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Curah by email at support@curah.com. The Notice must (a) include your name, residence address, email address, and telephone number, (b) describe the nature and basis of the claim, and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Curah cannot reach an agreement to resolve the claim within 30 days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco County, California, or may be conducted telephonically or via video conference for disputes alleging damages less than $1,000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and Curah agree that these Terms affect interstate commerce and that the enforceability of this Section 15 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitrator, Curah, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.You and Curah agree that for any arbitration you initiate, you will pay the filing fee and Curah will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Curah will pay all JAMS fees and costs. You and Curah agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California] have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. Any claim arising out of or related to these Terms or our Marketplace must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Curah will not have the right to assert the claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 15 by emailing us at support@curah.com. In order to be effective, the opt-out notice must include your full name and address, clearly indicate your intent to opt out of binding arbitration, and include the following subject line, “ARBITRATION OPT-OUT.” By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 16.If any portion of this Section 15 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms, (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 15 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 15, and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 15 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 15 will be enforceable. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH CURAH AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CURAH.In the event of any controversy or claim arising out of or relating in any way to these Terms or the Marketplace, you and Curah agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Curah are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Curah intend and agree (a) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other, (b) not to assert class action or representative action claims against the other in arbitration or otherwise, and (c) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.16. GOVERNING LAW AND VENUEAny dispute arising from these Terms and your use of the App will be governed by and construed and enforced in accordance with the laws of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.17. NOTICE REGARDING APPLEYou acknowledge that these Terms are between you and Curah only, not with Apple, and Apple is not responsible for the App or the Marketplace or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App or the Marketplace. In the event of any failure of the App or Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App or the Marketplace. Apple is not responsible for addressing any claims by you or any third party relating to the App or the Marketplace or your possession and/or use of the App or the Marketplace, including, but not limited to (a) product liability claims, (b) any claim that the App or the Marketplace fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or the Marketplace or your possession and use of the App or the Marketplace infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the App or the Marketplace. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If Curah provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.The App was developed by Curah, Inc.18. MISCELLANEOUSAssignmentYou may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of Curah. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. Curah may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an assignment or other transfer made consistent with the provisions of these Terms.Third-Party InfrastructureNotwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Curah uses a third party hosting infrastructure in connection with the Marketplace (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and Curah assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.Electronic CommunicationsBy using the Marketplace, you agree that we may communicate with you electronically regarding your use of the Marketplace and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at support@curah.com.SeverabilityIf any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.Notice for California CustomersIf you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users 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 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.19. QUESTIONSIf you have any questions regarding the use of the Marketplace, please email Curah at support@curah.com.