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
=======
Scope of License
----------------
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
--------------------
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
