End-User License Agreement ("Agreement")  

 Last updated: May 5, 2023

 lease read this End-User License Agreement carefully beforeclicking the "I Agree" button, downloading or using Cure Oahu.

 Interpretation and Definitions  

==============================

 Interpretation   

The words of which the initial letter is capitalized have meanings defined

under the following conditions. The following definitionsshall have the same

meaning regardless of whether they appear in singular or inplural.

 Definitions   

For the purposes of this End-User License Agreement:

   * Agreement meansthis End-User License Agreement that forms the entire

   agreement betweenYou and the Company regarding the use of the

   Application.

   * Application meansthe software program provided by the Company downloaded

   by You through anApplication Store's account to a Device, named Cure Oahu

   * Application Storemeans the digital distribution service operated and

   developed by AppleInc. (Apple App Store) or Google Inc. (Google Play

   Store) by whichthe Application has been downloaded to your Device.

   * Company (referredto as either "the Company", "We", "Us" or"Our" in this

   Agreement) refersto Cure Oahu., 3112 Hunter Street, Honolulu, HI 96816.

 

 * Content refers tocontent such as text, images, or other information that

   can be posted,uploaded, linked to or otherwise made available by You,

   regardless of theform of that content.

   * Country refers to:Honolulu, United States

   * Device means anydevice that can access the Application such as a

   computer, acellphone or a digital tablet.

   * Family Sharing /Family Group permits You to share applications downloaded

   through theApplication Store with other family members by allowing them

   to view anddownload each others' eligible Applications to their

   associatedDevices.

   * Third-PartyServices means any services or content (including data,

   information,applications and other products services) provided by a

   third-party that may be displayed, includedor made available by the

   Application.

   * You means theindividual accessing or using the Application or the

   company, or otherlegal entity on behalf of which such individual is

   accessing or usingthe Application, as applicable.

  

Acknowledgment  

==============

 By clicking the "I Agree" button, downloading orusing the Application, You

are agreeing to be bound by the terms and conditions of thisAgreement. If You

do not agree to the terms of this Agreement, do not click onthe "I Agree"

button, do not download or do not use the Application.

 This Agreement is a legal document between You and theCompany and it governs

your use of the Application made available to You by theCompany.

 This Agreement is between You and the Company only and notwith the

Application Store. Therefore, the Company is solelyresponsible for the

Application and its content. Although the Application Storeis not a party to

this Agreement, it has the right to enforce it against Youas a third party

beneficiary relating to your use of the Application.

 Since the Application can be accessed and used by otherusers via, for

example, Family Sharing / Family Group or volume purchasing,the use of the

Application by those users is expressly subject to thisAgreement.

 The Application is licensed, not sold, to You by the Companyfor use strictly

in accordance with the terms of this Agreement.

 License  

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 Scope of License  

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 The Company grants You a revocable, non-exclusive,non-transferable, limited

license to download, install and use the Applicationstrictly in accordance

with the terms of this Agreement.

 You may only use the Application on a Device that You own orcontrol and as

permitted by the Application Store's terms and conditions.

 The license that is granted to You by the Company is solelyfor your personal,

non-commercial purposes strictly in accordance with theterms of this

Agreement.

 License Restrictions  

--------------------

 You agree not to, and You will not permit others to:

   * License, sell,rent, lease, assign, distribute, transmit, host, outsource,

   disclose orotherwise commercially exploit the Application or make the

   Applicationavailable to any third party.

 * Copy or use theApplication for any purpose other than as permitted under

   the above section'License'.

 * Modify, make derivativeworks of, disassemble, decrypt, reverse compile or

   reverse engineerany part of the Application.

 * Remove, alter orobscure any proprietary notice (including any notice of

   copyright ortrademark) of the Company or its affiliates, partners,

   suppliers or thelicensors of the Application.

 Content  

=======

 Content Restrictions  

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 The Company is not responsible for the entries, informationor content of the

Application's users. You expressly understand and agree thatYou are solely

responsible for the Content and for all activity that occursunder your

account, whether done so by You or any third person usingyour account.

 You may not transmit any Content that is unlawful,offensive, upsetting,

intended to disgust, threatening, libelous, defamatory,obscene or otherwise

objectionable. Examples of such objectionable Contentinclude, but are not

limited to, the following:

   * Unlawful orpromoting unlawful activity.

 * Defamatory,discriminatory, or mean-spirited content, including references

   or commentaryabout religion, race, sexual orientation, gender,

   national/ethnicorigin, or other targeted groups.

 * Spam, machinegenerated content or randomly generated content,

   constitutingunauthorized or unsolicited advertising, chain letters, any

   other form ofunauthorized solicitation, or any form of lottery or

   gambling.

 * Containing orinstalling any viruses, worms, malware, trojan horses, or

   other content thatis designed or intended to disrupt, damage, or limit

   the functioning ofany software, hardware or telecommunications equipment

   or to damage orobtain unauthorized access to any data or other

   information of athird person.

 * Infringing on anyproprietary rights of any party, including patent,

   trademark, tradesecret, copyright, right of publicity or other rights.

 * Impersonating anyperson or entity including the Company and its employees

   orrepresentatives.

 * Violating theprivacy of any third person.

 * False informationand features.

 The Company reserves the right, but not the obligation, to,in its sole

discretion, determine whether or not any Content isappropriate and complies

with this Agreement, refuse or remove any Content. TheCompany further

reserves the right to make formatting and edits and changethe manner any

Content. The Company can also limit or revoke the use of theApplication if

You post such objectionable Content.

 As the Company cannot control all content posted by usersand/or third parties

on the Application, you agree to use the Application at yourown risk. You

understand that by using the Application You may be exposedto content that

You may find offensive, indecent, incorrect orobjectionable, and You agree

that under no circumstances will the Company be liable inany way for any

content, including any errors or omissions in any content,or any loss or

damage of any kind incurred as a result of your use of anycontent.

 Intellectual Property

=====================

 The Application, including without limitation allcopyrights, patents,

trademarks, trade secrets and other intellectual propertyrights are, and

shall remain, the sole and exclusive property of theCompany.

 

The Company shall not be obligated to indemnify or defendYou with respect to

any third party claim arising out of or relating to theApplication. To the

extend the Company is required to provide indemnification byapplicable law,

the Company, not the Application Store, shall be solelyresponsible for the

investigation, defense, settlement and discharge of anyclaim that the

Application or your use of it infringes any third partyintellectual property

rights.

 Your Suggestions  

================

 Any feedback, comments, ideas, improvements or suggestionsprovided by You to

the Company with respect to the Application shall remain thesole and

exclusive property of the Company.

 The Company shall be free to use, copy, modify, publish, orredistribute the

Suggestions for any purpose and in any way without anycredit or any

compensation to You.

 Modifications to the Application  

================================

 The Company reserves the right to modify, suspend ordiscontinue, temporarily

or permanently, the Application or any service to which itconnects, with or

without notice and without liability to You.

 Updates to the Application

--------------------------

 The Company may from time to time provide enhancements orimprovements to the

features/functionality of the Application, which may includepatches, bug

fixes, updates, upgrades and other modifications.

 Updates may modify or delete certain features and/orfunctionalities of the

Application. You agree that the Company has no obligation to(i) provide any

Updates, or (ii) continue to provide or enable anyparticular features and/or

functionalities of the Application to You.

 You further agree that all updates or any othermodifications will be (i)

deemed to constitute an integral part of the Application,and (ii) subject to

the terms and conditions of this Agreement.

 Maintenance and Support

-----------------------

 The Company does not provide any maintenance or support forthe download and

use of the Application. To the extent that any maintenanceor support is

required by applicable law, the Company, not the ApplicationStore, shall be

obligated to furnish any such maintenance or support.

 Third-Party Services  

====================

 he Application may display, include or make availablethird-party content

(including data, information, applications and otherproducts services) or

provide links to third-party websites or services.

 

You acknowledge and agree that the Company shall not beresponsible for any

Third-party Services, including their accuracy,completeness, timeliness,

validity, copyright compliance, legality, decency, qualityor any other aspect

thereof. The Company does not assume and shall not have anyliability or

responsibility to You or any other person or entity for anyThird-party

Services.

 You must comply with applicable Third parties' Terms ofagreement when using

the Application. Third-party Services and links thereto areprovided solely as

a convenience to You and You access and use them entirely atyour own risk and

subject to such third parties' Terms and conditions.

 Privacy Policy  

==============

 The Company collects, stores, maintains, and sharesinformation about You in

accordance with Our Privacy Policy: https://www.cureoahu.com/privacy-policy

 By accepting this Agreement, You acknowledge that You herebyagree and consent

to the terms and conditions of Our Privacy Policy.

 Term and Termination  

====================

 This Agreement shall remain in effect until terminated byYou or the Company.

The Company may, in its sole discretion, at any time and forany or no reason,

suspend or terminate this Agreement with or without priornotice.

 This Agreement will terminate immediately, without priornotice from the

Company, in the event that you fail to comply with anyprovision of this

Agreement. You may also terminate this Agreement by deletingthe Application

and all copies thereof from your Device or from yourcomputer.

 Upon termination of this Agreement, You shall cease all useof the Application

and delete all copies of the Application from your Device.

 ermination of this Agreement will not limit any of theCompany's rights or

remedies at law or in equity in case of breach by You(during the term of this

Agreement) of any of your obligations under the presentAgreement.

 Indemnification  

===============

 You agree to indemnify and hold the Company and its parents,subsidiaries,

affiliates, officers, employees, agents, partners andlicensors (if any)

harmless from any claim or demand, including reasonableattorneys' fees, due

to or arising out of your: (a) use of the Application; (b)violation of this

Agreement or any law or regulation; or (c) violation of anyright of a third

party.

 No Warranties  

=============

 The Application is provided to You "AS IS" and"AS AVAILABLE" and with all

faults and defects without warranty of any kind. To themaximum extent

permitted under applicable law, the Company, on its ownbehalf and on behalf

of its affiliates and its and their respective licensors andservice

providers, expressly disclaims all warranties, whether express,implied,

statutory or otherwise, with respect to the Application,including all implied

warranties of merchantability, fitness for a particularpurpose, title and

non-infringement, and warranties that may arise out ofcourse of dealing,

course of performance, usage or trade practice. Withoutlimitation to the

foregoing, the Company provides no warranty or undertaking,and makes no

representation of any kind that the Application will meetyour requirements,

achieve any intended results, be compatible or work with anyother software,

applications, systems or services, operate withoutinterruption, meet any

performance or reliability standards or be error free orthat any errors or

defects can or will be corrected.

 Without limiting the foregoing, neither the Company nor anyof the company's

provider makes any representation or warranty of any kind,express or implied:

(i) as to the operation or availability of the Application,or the

information, content, and materials or products includedthereon; (ii) that

the Application will be uninterrupted or error-free; (iii)as to the accuracy,

reliability, or currency of any information or contentprovided through the

Application; or (iv) that the Application, its servers, thecontent, or

e-mails sent from or on behalf of the Company are free ofviruses, scripts,

trojan horses, worms, malware, timebombs or other harmfulcomponents.

 Some jurisdictions do not allow the exclusion of certaintypes of warranties

or limitations on applicable statutory rights of a consumer,so some or all of

the above exclusions and limitations may not apply to You.But in such a case

the exclusions and limitations set forth in this sectionshall be applied to

the greatest extent enforceable under applicable law. To theextent any

warranty exists under law that cannot be disclaimed, theCompany, not the

Application Store, shall be solely responsible for suchwarranty.

 Limitation of Liability

=======================

 Notwithstanding any damages that You might incur, the entireliability of the

Company and any of its suppliers under any provision of thisAgreement and

your exclusive remedy for all of the foregoing shall belimited to the amount

actually paid by You for the Application or through the Applicationor 100 USD

if You haven't purchased anything through the Application.

 To the maximum extent permitted by applicable law, in noevent shall the

Company or its suppliers be liable for any special,incidental, indirect, or

consequential damages whatsoever (including, but not limitedto, damages for

loss of profits, loss of data or other information, forbusiness interruption,

for personal injury, loss of privacy arising out of or inany way related to

the use of or inability to use the Application, third-partysoftware and/or

third-party hardware used with the Application, or otherwisein connection

with any provision of this Agreement), even if the Companyor any supplier has

been advised of the possibility of such damages and even ifthe remedy fails

of its essential purpose.

 Some states/jurisdictions do not allow the exclusion orlimitation of

incidental or consequential damages, so the above limitationor exclusion may

not apply to You.

 

You expressly understand and agree that the ApplicationStore, its

subsidiaries and affiliates, and its licensors shall not beliable to You

under any theory of liability for any direct, indirect,incidental, special

consequential or exemplary damages that may be incurred byYou, including any

loss of data, whether or not the Application Store or itsrepresentatives have

been advised of or should have been aware of the possibilityof any such

losses arising.

 Severability and Waiver

=======================

 Severability  

------------

 If any provision of this Agreement is held to beunenforceable or invalid,

such provision will be changed and interpreted to accomplishthe objectives of

such provision to the greatest extent possible underapplicable law and the

remaining provisions will continue in full force and effect.

 Waiver  

------

 Except as provided herein, the failure to exercise a rightor to require

performance of an obligation under this Agreement shall noteffect a party's

ability to exercise such right or require such performanceat any time

thereafter nor shall be the waiver of a breach constitute awaiver of any

subsequent breach.

 Product Claims  

==============

 The Company does not make any warranties concerning theApplication. To the

extent You have any claim arising from or relating to youruse of the

Application, the Company, not the Application Store, isresponsible for

addressing any such claims, which may include, but notlimited to: (i) any

product liability claims; (ii) any claim that theApplication fails to conform

to any applicable legal or regulatory requirement; and (iii)any claim arising

under consumer protection, or similar legislation.

 United States Legal Compliance  

==============================

 You represent and warrant that (i) You are not located in acountry that is

subject to the United States government embargo, or that hasbeen designated

by the United States government as a "terroristsupporting" country, and (ii)

You are not listed on any United States government list ofprohibited or

restricted parties.

 Changes to this Agreement

=========================

 The Company reserves the right, at its sole discretion, tomodify or replace

this Agreement at any time. If a revision is material wewill provide at least

30 days' notice prior to any new terms taking effect. Whatconstitutes a

material change will be determined at the sole discretion ofthe Company.

 By continuing to access or use the Application after anyrevisions become

effective, You agree to be bound by the revised terms. IfYou do not agree to

the new terms, You are no longer authorized to use the Application.

 Governing Law  

=============

 The laws of the Country, excluding its conflicts of lawrules, shall govern

this Agreement and your use of the Application. Your use ofthe Application

may also be subject to other local, state, national, or internationallaws.

 Entire Agreement  

================

 The Agreement constitutes the entire agreement between Youand the Company

regarding your use of the Application and supersedes allprior and

contemporaneous written or oral agreements between You and theCompany.

 You may be subject to additional terms and conditions thatapply when You use

or purchase other Company's services, which the Company willprovide to You at

the time of such use or purchase.

 Contact Us  

==========

 If you have any questions about this Agreement, You cancontact Us:

   * By email: Info@cureoahu.com

   * By visiting thispage on our website: https://www.cureoahu.com/contact#get-in-touch

   * By phone number: 808-208-8770