CurbNerd Terms of Use
Last Updated: October 7, 2017
Your Acceptance
Welcome to the Terms of Use for the www.curbnerds.com website and any associated software or applications (collectively referred to as the “Platform”). This is an agreement (“Agreement”) between (“Curbnerds”), the owner and operator of the Platform including any services provided and you (“you”, “your” or “user(s)”), a user of the Platform.
Throughout this Agreement, the words “Curbnerds,” “us,” “we,” and “our,” refer to our company, as are appropriate in the context of the use of the words.
By clicking “I agree” or accessing or downloading the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend this Agreement at any time and may notify you if we do so. If you do not agree to the Terms of Service or the Privacy Policy please stop using our Platform immediately. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS LISTED IN THIS AGREEMENT THAT YOU MUST AGREE
Account and Sign-In Information
Portions of the Platform may require you to submit information or sign-up for an account. Where required, you must fully complete any submission by providing us with your current, complete, truthful, and accurate information as prompted by the applicable forms. You agree that no information submitted will be false, fraudulent, deceptive, or misleading. Where required, Curbnerds may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Curbnerds immediately of any unauthorized use of your account or any other breach of security.
Privacy
Your user information, access, and interactions with the Platform shall be collected in accordance with our Privacy Policy. Please visit the Curbnerds Privacy Policy for more information regarding our information collection practices. The Privacy Policy is integrated into this Agreement, as one in the same.
Disclaimer
Please be aware that our Platform and any information found within it is offered “as-is.” The content found on the Curbnerds Platform is offered for informational and educational purposes only. All pricing or price estimates (collectively “Price Estimate”) given are not guaranteed or supplied with any implied or express warranties. Specifically, Curbnerds does not make any warranties of accuracy or validity for any such Price Estimates. Any and all Price Estimates are merely estimates and are not bona fide offers or contractually binding offers to purchase property or real estate. Price Estimates may vary by region or fluctuate based on factors used to evaluate the property. No offer or acceptance for any real property is contractually binding until a Real Estate Sales Purchase Agreement (“Purchase Agreement”) has been executed between Curbnerds and you. THE INFORMATION CURBNERDS PROVIDES IN CONNECTION WITH ANY PRICE ESTIMATES, OR OTHERWISE IN CONNECTION WITH YOUR USE OF THIS PLATFORM IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL, LEGAL, FINANCIAL, TAX, OR REAL ESTATE ADVICE. YOU SHOULD CONSULT YOUR OWN PROFESSIONALS FOR ANY AND ALL ADVICE OR IF YOU HAVE ANY QUESTIONS. You agree to release us from any liability that we may incur for providing you with these Price Estimates or any other content or information found on our Platform. You agree that any content including Price Estimates or any other information found on the Platform may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits, savings, or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform.
Receiving a Price Estimate
The user may be able to request a Price Estimate through the Platform. In order to receive a Price Estimate, the user must submit any and all information requested. Additionally, you represent and warrant that all information submitted is up-to-date, truthful, complete, and accurate. Price Estimates may not be available in all geographies or regions and we are not obligated to provide you with a Price Estimate.
Purchase Agreement
Where you have received a Price Estimate, you may elect to consummate a sale of property by following the directions as stated on the Platform. You will be directed to execute a Purchase Agreement. Prior to the execution of the Purchase Agreement by both parties, neither party incurs any obligations to buy or sell any real property and both parties release each other from any liability related to any Price Estimates given.
All terms for the sale of real property are contained solely within the Purchase Agreement, including but not limited to closing, escrow, title, and inspection. The Price Estimate does not constitute any term of sale. YOU AGREE AND UNDERSTAND THE ENTIRE RISK OF ENTERING INTO A TRANSACTION OR PURCHASE AGREEMENT WITH CURBNERDS REMAINS WITH YOU. PLEASE CONSULT YOUR PROFESSIONAL ADVISORS FOR ALL ADVICE AND GUIDANCE RELATED TO THE PURCHASE AGREEMENT. CURBNERDS SHALL NOT PROVIDE ANY ADVICE TO YOU IN REGARDS TO ANY PURCHASE AGREEMENT.
Where a properly executed Purchase Agreement exists and where this Agreement and the Purchase Agreement directly conflict, the Purchase Agreement shall control and supersede this Agreement.
User Content
Your ability to submit or transmit any information through the Platform, including but not limited to text, videos, photos, images or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. You understand that we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion. Curbnerds does not endorse and may not verify, monitor, or restrict any of its users or any User Content submitted. You agree that any User Content or any other information may be inaccurate, unsubstantiated or possibly even incorrect.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted.
When you submit any User Content to us, you grant Curbnerds, its partners, affiliates, users, representatives and assigns a non-exclusive, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, market, sub-license or use and reuse all or part of your User Content. It is important for you to grant us this license so that we may transmit your User Content to other users through our Platform and to share your User Content. Additionally, although you own all User Content submitted by you, we own all layouts, arrangement, metadata and images that are used to render your User Content through our Platform.
User Content Guidelines
User Content found on the Curbnerds Platform does not necessarily reflect the opinions of Curbnerds. We reserve the right but not the obligation to remove, delete, modify, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content.
When submitting any User Content you agree to the following:
– You agree not to post any User Content that contains nudity, or sexual or explicit content;
– You agree not to post any User Content that depicts gratuitous violence, animal or child abuse, or encourages violence against others;
– You agree not to post any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
– You agree not to post any User Content that is considered spam;
– You agree to only post User Content that you own or have licensed and you shall not post any User Content that is in violation of a third parties’ intellectual property rights; and
– You agree not to post any User Content that may be considered: misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, or not up to community standards.
If you have violated any of our User Content Guidelines or if you we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated.
Monitoring User Content
Please be aware that Curbnerds does not create or post any User Content. Curbnerds shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, including but not limited to any comment sections or feeds that may hereinafter be included as part of the Platform, to determine compliance with this Agreement and any operating rules established by us. Without limiting the foregoing, Curbnerds shall have the right, but not the obligation, to remove any User Content that Curbnerds in its sole discretion. For example, we may remove User Content if we believe it violates our content guidelines or if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content. If you believe that any User Content is inappropriate or does not comply with this Agreement please contact us at help@localclose.com.
Usage Information
Through the Platform we may collect your usage data. This usage date will be used by Curbnerd to determine how you use our Platform and how we can improve or modify our Platform. The information collected may be used and disseminated per our Privacy Policy.
Platform Availability and Modification
Although we will attempt to provide continuous Platform availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. We make no uptime guarantees. We reserve the right to alter, modify, update, or remove our Platform at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal, or other reasons.
Your Conduct While Using The Platform
When accessing or using our Platform, you are solely responsible for your use and for any use of the Curbnerds Platform made using your account. You agree to abide by the following rules of conduct:
– You will not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
– You will not attempt to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Platform;
– You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract or export data collected through the Platform;
– You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
– You agree not to use the Platform to stalk, harass, bully or harm another individual;
– You agree that you will not hold Curbnerds responsible for your use of the Platform;
– You agree not to violate any requirements, procedures, policies or regulations of networks connected to Curbnerds;
– You agree not to interfere with or disrupt the Platform;
– You agree to not violate any US laws while using the Platform; and
– You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but KeyGlee reserves the right to suspend or terminate any account at any time without notice or explanation.
Platform Disclaimer
The Platform and any services offered are not fail-safe and are not designed or intended for use in situations requiring fail-safe, error-free, or interruption-free performance which could lead to severe injury to business, people, property, or the environment (“Essential Activities”). These Essential Activities may include, without limitation, vital business operations, personal communications, or activities where absolutely accurate data or information is required. You expressly assume the risks of any damages resulting from the Essential Activities and you expressly release us from any liability related to such Essential Activities. You agree that any information may be inaccurate, unsubstantiated or possibly even incorrect. We cannot guarantee that using our Platform will result in any benefits or positive results for you. You agree to release us from any liability that we may have to in relation to your use of our Platform. By using the Platform you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other third parties will be limited to a claim against the particular third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Curbnerds with respect to such actions or omissions.
Idea Submission
Curbnerds or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Curbnerds. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Curbnerds’ products might seem similar to ideas you submitted to Curbnerds. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Curbnerds, without any compensation to you; (2) Curbnerds may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Curbnerds to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Intellectual Property
The name “ Curbnerds,” “www.localclose.com”, the design of the Curbnerds Platform along with Curbnerds created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Curbnerd reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
Representations and Warranties
THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CURBNERDS, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM OR ANY CONTENT; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM INCLUDING ANY PRICE ESTIMATES; (C) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY ON THE PLATFORM; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO CURBNERDS OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
CURBNERDS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. CURBNERDS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY PRICE ESTIMATES) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. CURBNERD DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND CURBNERDS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL CURBNERDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM INCLUDING ANY PRICE ESTIMATES, (III) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS, (VII) A THIRD PARTY’S USE OF YOUR CONTENT OR ANY INTERACTIONS WITH THIRD PARTIES FOUND THROUGH THE PLATFORM, OR (VIII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN ONE-HUNDRED US DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Curbnerd’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Curbnerd shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
Indemnity
You agree to defend, indemnify and hold harmless Curbnerds, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
– your use of and access to the Curbnerds Platform;
– your violation of any term of this Agreement; and
– your use of any Price Estimates.
This defense and indemnification obligation will survive this Agreement and your use of the Curbnerds Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Copyrights
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message that contains:
– Your name.
– The name of the party whose copyright has been infringed, if different from your name.
– The name and description of the work that is being infringed
– The location on our Platform of the infringing copy.
– A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
– A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Curbnerds, help@curbnerds.com.
Counter Notice
In the event that you receive a notification from Curbnerds stating content posted by you has been subject to a copyright takedown notice, you may file a counter-notice. Your counter-notice must contain the following:
– Your name, address, email and physical or electronic signature.
– The notification reference number (if applicable).
– Identification of the material and its location before it was removed.
– A statement under penalty of perjury that the material was removed by mistake or misidentification.
– Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
– Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to: help@curbnerds.com
Age Compliance
Curbnerds and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
Choice of Law
This Agreement shall be governed by the laws in force in the state of Deleware without regard to principles of conflicts of law. The offer and acceptance of this contract is deemed to have occurred in Deleware.
Arbitration
By using this Platform, you agree that: (1) any claim, dispute, or controversy you may have against us, Curbnerds, LLC or the Platform arising out of, relating to, or connected in any way with this Agreement shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the claim or dispute must be brought within one (1) year of the first date (does not apply to NJ residents) of the event giving rise to such action and the arbitration shall be held in “”, or at such other location as may be mutually agreed upon by you and (3) the arbitrator shall apply Deleware law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) both parties will bear their own costs of representation and filing for the dispute; (6) where possible and allowed for under the AAA Rules and Procedures shall be entitled to appear electronically or telephonically for all proceedings; and (7) with the exception of subpart (4) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (4) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither user nor shall be entitled to arbitrate their dispute. For more information on AAA and its Rules and Procedures, users may visit the AAA website at http://www.adr.org. In the event that any portion of this arbitration provision is found to be unenforceable or void, both parties agree to settle any disputes arising out of this Agreement in a court of competent jurisdiction located in “”.
Class Action
You and Curbnerds agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of New Jersey.
Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Curbnerds are deemed to conflict with each other’s operation, you agree that Curbnerds shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Survival
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, dispute, arbitration, class action waivers, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Assignment
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
Entire Agreement
This Agreement along with the Privacy Policy provided by Curbnerds constitute the complete and exclusive understanding and agreement between the parties (except where the parties have entered into a Purchase Agreement), regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Where any provision of this Agreement conflicts with another provision, Curbnerds shall have the sole discretion in choosing which provision controls. Where user enters into a Purchase Agreement any provisions that directly conflict with this Agreement shall be superseded by the Purchase Agreement.
Termination
You may terminate your use of the Platform at any time by simply uninstalling the Platform from tablet, or mobile device or by discontinuing access by cancelling your account. Please be aware that upon deletion of the Platform some portions of the service may become inaccessible immediately and some of your User Content may be deleted. You will not be eligible for any refunds upon your termination of the Platform. We may terminate your use of this Platform or this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any additional agreements between you and Curbnerds; (3) if your account has remained inactive for an extended period of time; or (4) if we believe that any of your actions may legally harm Curbnerds or our business interests, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Curbnerds must be sent to our agent for notice to: help@curbnerds.com
California users are also 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., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Relationship of the Parties.
The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Curbnerds.
Electronic Communications
The communications between you and Curbnerds use electronic means, whether you visit the Platform or send Curbnerds e-mails, or whether Curbnerds posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from KeyGlee in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that KeyGlee provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.