Curaprox Terms of Use

Last Updated July 2026

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE OR ANY OTHER CURDAN USA INC. OR CURAPROX SUBSIDIARY OR RELATED ENTITY SERVICE. SECTION 16 OF THESE TERMS OF USE CONTAIN MANDATORY WAIVERS OF CLASS ACTIONS AND JURY TRIALS. PLEASE SEE THE DISPUTE RESOLUTION PROVISIONS IN SECTION 16 FOR MORE INFORMATION.

Overview
Eligibility
License; Reservation of Rights; Intellectual Property
Registration and Account Creation
Transactions
User Content and Posting on the Services
Warranties and Limitations of Liability for the Service
Data Collection; Privacy Policy
Mobile Terms and Conditions
Essential Part of the Bargain
Third Party Links
Loyalty and Rewards Programs
Contests, Sweepstakes and Promotions
Indemnification; Unauthorized Use
Term and Termination
Governing Law; Dispute Resolution; Waiver of Jury Trial and Class Actions
General
Note To New Jersey Consumers
Copyright Infringement Claims

1. Overview

These terms of use (“Terms of Use”) set forth the terms upon which Curaden USA Inc., its subsidiary entities, affiliates, or licensees (“Curaprox,” “we,” “us” or “our”) provide you with access to our network of websites (collectively, the “Sites” or “Site”) and the related services, products for purchase, features, content, software and mobile applications created by us (each, an “App”) to which these Terms of Use are linked (collectively, the “Service”). In these Terms of Use the use of “you”, “user” or “your” means any person or entity using the Service, provided that if such person is under the age of 18, “you,” “your” and “user” also includes such person’s parent or legal guardian.

By visiting or browsing a Site, downloading an App, or making a purchase through a Site or using the Service in any way, you agree to be bound by these Terms of Use, which form a binding agreement between you and us. If you do not agree to these Terms of Use, do not access or use the Service. Certain elements of the Service may be subject to additional terms and conditions and/or policies, which are incorporated into these Terms of Use by reference.

Curaprox may revise the Terms of Use periodically and will notify you of a change by, for example, updating the “Last Updated” date above. By continuing to use the Service after revisions become effective, you agree to be bound by the revised Terms of Use. If you do not agree to the new Terms of Use, please stop using the Service. Unless otherwise noted herein, the Service is offered for personal and noncommercial use, or, in the case of dental professionals, in their practice.

When you visit the Site or provide information to Curaprox, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

2. Eligibility

The Service is offered and available to users who are 18 years of age or older. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Curaprox and meet all of the eligibility requirements set forth herein. If you are under the age of 18 or the legal age to form a binding contract, make sure that your parent or legal guardian reads and agrees with the Terms of Use on your behalf, as your parent or legal guardian shall be fully responsible for your compliance with these Terms of Use. If you do not meet all of these requirements, you must not access or use the Service.

3. License; Reservation of Rights; Intellectual Property

3.1 Limited License to Use the Service. Subject to your compliance with these Terms of Use, Curaprox hereby grants to you a limited, personal, non-exclusive, non-transferable, license to use the Service solely for your own personal purposes, or, in the case of dental professionals, in your practice. If we provide you with an App for download, you may download a single copy to your electronic device for your own personal use, or, in the case of dental professionals, in your practice. Except for the licenses and rights expressly granted under these Terms of Use, no licenses or rights are granted by Curaprox to you hereunder, by implication, estoppel or otherwise. All such other licenses and rights are reserved to Curaprox. The Apps may now or in the future be made available through or downloaded from third-party App stores. By downloading or otherwise accessing the Apps via third-party App stores, you are also agreeing to be bound by the applicable App store's terms of service.
3.2 License Restrictions. Except as expressly permitted herein, you shall not (i) copy or modify the Service for any purpose, including for the purposes of testing the vulnerability of any Curaprox system or network or breaching any security or authentication measures; (ii) reverse-engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Service; (iii) distribute, disclose, market, rent, lease or otherwise transfer the Service to any other person or entity; (iv) interfere with, or attempt to interfere with, the access of any user, host or network; (v) violate any applicable law or regulation; or (vi) use the Service to, or permit, enable or assist a third party to create competing products or services.
3.3 Curaprox Intellectual Property Rights. Curaprox retains all intellectual property rights in and to the Service and all related copyrights, patents, service marks, trademarks and other intellectual property rights documents (“IP Documentation”), including, but not limited to, any and all updates, enhancements, customizations, revisions, modifications, future releases and any other changes thereto, and all related information, material and IP Documentation. Except for rights specifically provided in these Terms of Use, you hereby assign to Curaprox all other intellectual property rights you may now or hereafter possess in the Service and related IP Documentation, and all derivative works and improvements thereof, and agree to execute all documents, and take all actions, that may be necessary to confirm such rights. You also agree not to remove any proprietary marks, legends and patent and copyright notices that appear on the Service and any related IP Documentation delivered to you by Curaprox and all whole or partial copies thereof.

4. Registration and Account Creation

Our Service may allow you to register or create an account (“Account”) in order to access certain features or content, make a purchase or participate in Reward Programs (as defined below). If you create an Account, it will be through our third-party partner Shopify. You agree to abide by their Privacy practices, provide accurate and complete information about yourself, and to maintain and update such information so it remains accurate and complete. You agree not to register for more than one Account for yourself on each of our Sites or Apps. You are responsible for maintaining the confidentiality of your Account log-in and password information and for any activities that take place through your Account. We are not liable for any harm caused or related to the theft or misappropriation of your Account information or your authorization of anyone else to use your Account information. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your Account or if you wish to deactivate your Account due to security concerns.

5. Transactions

If you make a purchase through our Service, you shall also be bound by our Terms of Sale which are incorporated herein by reference.

6. User Content and Posting on the Services

6.1 Our Service may enable you to submit, provide, transmit, exchange, communicate messages or other information (“User Content”). Our Service may also provide access to content aggregated from third-party sites, such as product reviews (“Third-Party Content”).
6.2 Subject to our Privacy Policy, all User Content that you Post on this Service will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Service. We cannot guarantee that other users will not copy, modify, distribute or otherwise use the User Content that you share. We welcome user ideas, concepts, products, improvements, know-how and techniques (“User Ideas”) via our Contact Form portal located at https://curaprox.us/pages/curaprox-contact. If you incorporate any User Ideas in any User Content that you Post, you agree that we, our affiliates and our licensees are free to use the same for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and content using such User Idea, without any credit, notice, approval or compensation to you.
6.3 By Posting User Content, you represent and warrant that you have the right to grant, and do grant, to Curaprox a revocable, perpetual, unlimited, non-exclusive, fully paid, royalty-free, transferable, worldwide license (with a right to sublicense) to use, copy, perform, display, share with vendors, and distribute such User Content to prepare derivative works of, or incorporate into other works and into any form, medium, or technology, now known or hereafter developed, throughout the world, and to grant and authorize sublicenses of the foregoing, all without any notification or compensation to you. You also hereby grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. We have the right, but not the obligation, to use your username (and real name, image, likeness or other identifying information, if provided in connection with User Content), city and state in connection with any publication of your User Content. Do not Post or provide any User Content that you do not wish to be used by us and/or made public.
6.4 For any User Content that you submit, Curaprox reserves the right, in its sole discretion, to condense, excerpt from, or reformat the User Content on Curaprox's website. Curaprox does not guarantee that you will have any recourse through Curaprox to edit or delete any User Content you have submitted. User Content is generally posted within two to four business days from submission. Curaprox further reserves the right, in its sole discretion, to remove or refuse to post User Content for any reason, except if the sole purpose is to prevent a consumer from posting a negative or unfavorable review of Curaprox's products or services that does not otherwise violate these Terms of Use or relate to a product or service that has been or will soon be discontinued.
6.5 By submitting any User Content to Curaprox, you represent and warrant that:

6.5.1 you are the sole author of the User Content and are the owner of any intellectual property rights that may exist in the User Content. To the extent that any third-party owned content is included in the User Content, you have appropriate permission to use such content in the User Content;
6.5.2 all User Content that you post is accurate and complete;
6.5.3 you are at least 18 years old;
6.5.4 use of the User Content you supply does not violate these Terms of Use or Curaprox’s Privacy Notice and will not cause injury to any person or entity;
6.5.5 you have made proper disclosures regarding any material connections between you and Curaprox;
6.5.6 your User Content reflects your honest and truthful opinion regarding your experience with Curaprox’s products; and
6.5.7 you are either (1) not a Curaprox employee, or (2) a Curaprox employee and have clearly and conspicuously disclosed this in your review.

6.6 You further represent and warrant that you have all permissions and licenses necessary to grant such rights to us, including, by way of example, “right of publicity” and other rights relating to the reproduction of names and/or likenesses of any individuals which appear in such User Content. You may revoke any of the foregoing licenses by deleting the applicable licensed User Content and contacting us at https://curaprox.us/pages/curaprox-contact. However, we may retain copies of such User Content for non-public, non-commercial, archival use and you acknowledge and agree that to the extent that we may have already distributed your User Content to a third party we have no obligation to retrieve or cause such third party to cease using such User Content.
6.7 You are solely responsible for the User Content that you Post. You agree not to Post any User Content that:

6.7.1 is unrelated to the products and services offered by or available at Curaprox’s Site or Apps;
6.7.2 is offensive to the public, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group, organization or individual;
6.7.3 harasses or advocates harassment of another person, group or organization;
6.7.4 involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming,” or is an advertisement or refers to other products, offers, or websites;
6.7.5 involves information that you know is false, inaccurate, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
6.7.6 infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, misappropriates the name and/or likeness of another;
6.7.7 includes material that is defamatory, libelous, hateful, abusive, indecent, vulgar, sexist, racially or religiously biased or offensive;
6.7.8 contains nudity or depicts sexual activities or contains sexually suggestive content, including photographs, or is pornographic or otherwise inappropriate or obscene;
6.7.9 contains any material that depicts, describes or threatens violence, or is unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
6.7.10 contains words or descriptions that are reasonably considered vulgar, coarse or crude;
6.7.11 for which you were compensated or granted any consideration by any third party unless you disclose in the Post that you received compensation or were granted consideration for posting such User Content;
6.7.12 solicits passwords or personal identifying information from other users;
6.7.13 violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising or guidance relating to endorsements and testimonials);
6.7.14 engages in any unauthorized commercial activities, solicitations and/or sale;
6.7.15 that contains any computer viruses, worms or other potentially damaging computer programs or files; and/or
6.7.16 that otherwise violates these Terms of Use.

6.8 You understand and agree that we have the right, but not the obligation, to monitor User Content; alter, remove, or refuse to Post or allow to be Posted any User Content; disclose any User Content, and the circumstances surrounding its transmission, to any third party; investigate, take legal action against and delete any Account and/or User Content that, in our sole judgment, violates these Terms of Use, might be offensive or illegal, might harm, violate the rights of, or threaten the safety of others, or might in any way be deemed unsuitable by us.
6.9 You acknowledge that another user’s User Content and Third-Party Content may be inaccurate, misleading, or deceptive. Posted User Content should not be construed as an endorsement, affiliation, or promotion of any of the products or services discussed. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Curaprox. Curaprox does not represent or warrant the accuracy of any statements or product claims made in User Content and/or Third-Party Content, nor endorses any opinions expressed within any such Content. Curaprox is not responsible for, and has no liability for, any use of all or any part of the User Content and/or Third-Party content by any third party. None of the User Content and/or Third-Party Content submitted shall be subject to any obligation of confidentiality on the part of Curaprox, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
6.10 By submitting your email address in connection with any User Content, you agree that Curaprox and its third-party service providers may use your email address to contact you about such User Content.

7. Warranties and Limitations of Liability for the Service

7.1 Warranties. We will use commercially reasonable efforts to cause the Service to operate in substantial conformance with these Terms of Use and any additional terms and conditions and/or policies incorporated into these Terms of Use by reference (“Service Documentation”). To the fullest extent permitted by applicable law, Curaprox’s sole obligation and your sole remedy with respect to any failure of the Service to substantially conform to the Service Documentation is for Curaprox to use commercially reasonable efforts to remedy any such failure as soon as is reasonably practicable, and if such failure is not remedied in a reasonable time, for you to terminate your use of the Service pursuant to Section 14.2.
7.2 No Specific Results. Curaprox does not represent, warrant or otherwise guarantee: (a) the reliability and suitability of the Service; (b) the effectiveness, suitability or reliability of communicated information (including any data provided through the Service); (c) that the Service will work without interruption or that it will be free of errors, viruses or other harmful components; (d) outcomes resulting from your use of the Service; (e) that the information available on or through the Service is comprehensive or exhaustive, or that it addresses all relevant symptoms, medicines, and treatments for any diseases and/or medical conditions; or (f) any outcome with respect to health and well-being as a result of the application of this information.
7.3 No Practice of Dentistry or Medicine. YOU ACKNOWLEDGE AND AGREE THAT (i) OUR SERVICE IS INTENDED FOR GENERAL INFORMATIONAL PURPOSES ONLY, INCLUDING ANY INFORMATION WHICH MAY BE ACCESSIBLE SOLELY TO MEDICAL OR DENTAL PROFESSIONALS; (ii) OUR SERVICE IS NOT INTENDED TO CONSTITUTE, AND DOES NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL, DENTAL, OR OTHER PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES; AND (iii) YOU WILL ALWAYS CONSULT WITH A QUALIFIED DOCTOR, DENTIST, OR OTHER HEALTH CARE PROFESSIONAL FOR MEDICAL, DENTAL, OR OTHER HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY MEDICAL, DENTAL, OR OTHER HEALTH CARE PROVIDER OR OTHER DIRECTORIES OR LOCATORS (INCLUDING, WITHOUT LIMITATION, THEIR CONTENTS AND RESULTS) CONTAINED ON OR PROVIDED THROUGH OUR SERVICE ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY, AND DO NOT IMPLY OUR ENDORSEMENT OF, OR THAT WE HAVE ANY ASSOCIATION WHATSOEVER WITH, SUCH PROVIDERS.
7.4 Warranty Disclaimer. EXCEPT AS SET FORTH IN SECTION 7.1 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CURAPROX DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE OR ANY OTHER MATTER COVERED BY THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CURAPROX DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR DELAY AND/OR BE ERROR-FREE, OR THAT ALL FAILURES OF THE SERVICE TO CONFORM TO THE SERVICE DOCUMENTATION CAN OR WILL BE CORRECTED. CURAPROX MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT PROCESSED BY OR INCLUDED WITH THE SERVICE.
7.5 Limitations of Liability. EXCEPT AND SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CURAPROX BE LIABLE FOR LOST PROFITS OR BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER ANY THEORY OF TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE AND REGARDLESS OF WHETHER SUCH PARTY IS ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. The aggregate liability of Curaprox for any and all claims arising under or in connection with these Terms of Use or its subject matter shall not exceed $200. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Solely to the extent that these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

8. Data Collection; Privacy Policy

Your use of the Service is subject to the Curaprox Privacy Notice, which is incorporated herein by reference.

Our Privacy Notice is incorporated into these Terms and your agreement to these Terms is also agreement to and notice of the contents of our Privacy Notice. By accepting these Terms, you hereby acknowledge and consent to (i) Curaprox’s collection and use of your Personal Information (as defined in the Privacy Notice) in accordance with the Privacy Notice and these Terms; and (ii) Curaprox’s placement and use of cookies as described in the Privacy Notice. The Privacy Notice may be updated from time to time at Curaprox’s discretion and changes will be effective as described in the Privacy Notice.

The Website is the property of Curaprox, and may capture interactions with the Website, in accordance with our Privacy Notice, including your use of the Website. To do so, we use technology that maintains a record of your browsing session, including without limitation, the Facebook pixel. We use this information for quality control, customer service, fraud prevention and security, and marketing purposes. To learn more about Facebook ads, click here. By using the Website and agreeing to these Terms you consent to Curaprox capturing your interactions with it. If you disagree with this, do not use the Sites. Such technology may also include your interaction with video players and other widgets and technology on our Website. By agreeing to these Terms, you agree to the collection and transfer of such browsing session information for the above-stated purposes.

Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. Nonetheless, we employ reasonable measures, including the use of reputable third-party partners intended to protect your information from unauthorized use or disclosure.

9. Mobile Terms and Conditions

These terms and conditions apply to individuals who have consented to receive text message communications from Curaprox.

If you have consented, you will receive text messages to the mobile telephone number you have provided at opt-in or registration about products and services from Curaprox (the “Program”). These text messages will include the types of communications described in the Program terms, which may include educational and promotional materials, reminders, greetings, and surveys (the “Mobile Content”). These text messages may be delivered in a variety of formats (including video).

The number of text messages you receive as part of the Program will vary in frequency, but the text messages will continue on a recurring basis for the length of the Program unless you opt-out prior to the Program completion.

By consenting, you authorize Curaprox to deliver or cause to be delivered the Mobile Content using automated technology, which may include an automatic telephone dialing system. You are not required to consent to receive the Mobile Content as a condition of purchasing any property, goods, or services.

You can opt out of receiving further texts from the Program by replying “STOP” to any message from the Program. You understand that you will, however, receive a response from Curaprox either confirming receipt of your request or seeking clarification of your request. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Curaprox and its service providers will have no liability for failing to honor such requests. If you are enrolled in multiple programs from Curaprox, replying “STOP” to a text message from that program will discontinue only texts from that program. If you unsubscribe from one of our text message programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs.

You can text “HELP” in response to any message from the Program to receive help.

There is no fee charged by Curaprox to receive Program messages, but your mobile service provider’s message and data rates may apply. Please consult your mobile service provider for the terms and conditions under which charges are billed and payable or deducted from your prepaid account.

Data that may be collected from you as part of the Program will be handled in accordance with Curaprox’s Privacy Notice provided to you at the time of the collection of your personal data.

Curaprox cannot guarantee the successful delivery of Program messages. Factors beyond Curaprox’s direct control may impact message delivery, including equipment range and functionality, network capacity, terrain, proximity to buildings, foliage, and weather. Neither Curaprox nor your mobile service provider will be held liable for delayed or undelivered messages.

The Program may not be available on all mobile service provider carriers.

10. Essential Part of the Bargain

The parties acknowledge that the disclaimers and limitations set forth in Section 7 are an essential element of these Terms of Use between the parties and the parties would not have entered into these Terms of Use without such disclaimers and limitations.

11. Third Party Links

Curaprox may provide links or references to other sites or services owned or controlled by third parties, but Curaprox has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from your use of such content, sites or services. Any links to other sites are provided as merely a convenience to you. If you leave our Service and go to a third-party site, you should confirm the terms, privacy and other policies that apply to you since we neither control, nor have any responsibility for such third-party sites.

12. Loyalty and Rewards Programs

We may make available certain rewards programs like the Curaprox Rewards Program (“Rewards Programs”) when you use our Services. The earning, expiration and redemption and rules associated with such Rewards Programs are governed by the applicable Rewards Program terms, which are available on the relevant Site or App. To the extent that the terms for any Rewards Programs conflict with these Terms of Use, the terms for that Rewards Program shall control with respect to that Rewards Program only.

13. Contests, Sweepstakes and Promotions

From time to time, we may conduct promotions on or through our Service, including, without limitation, contests and sweepstakes (each, a "Promotion"). Each Promotion may have official rules or other terms and limitations which will be posted or otherwise made available to you and, for purposes of that Promotion, will be deemed incorporated into and form a part of these Terms of Use. To the extent that the terms for any Promotion conflict with these Terms of Use, the terms for that Promotion shall control with respect to that Promotion only.

14. Indemnification; Unauthorized Use

14.1 Indemnification. To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold harmless Curaprox from any and all damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) suffered or incurred by Curaprox in connection with any claims that Curaprox is required to pay to third parties to the extent such damages, settlement amounts, costs and expenses are attributable to your provision of User Content through the Service, including any actual or alleged infringement of third-party intellectual property by such User Content.
14.2 Notification of Unauthorized Use. You shall promptly notify Curaprox in writing upon your discovery of any unauthorized use or infringement of the Service, or the related IP Documentation, or Curaprox's intellectual property rights with respect thereto. Curaprox shall have the sole and exclusive right to bring an infringement action or proceeding against any infringing third party and, in the event that Curaprox brings such an action or proceeding, you shall cooperate and provide full information and assistance to Curaprox and its counsel in connection with any such action or proceeding.

15. Term and Termination

15.1 Term. Your access to the Service shall begin on the date you register for the Service or access the Service and shall continue until terminated under the provisions of this Section 14.
15.2 Termination for Convenience. Curaprox may terminate your use of the Service at any time, except to the extent that Curaprox’s right to terminate is prohibited by applicable law. You may terminate your agreement with us at any time by canceling your Accounts for the Service, uninstalling any Apps, and ceasing use of the Sites and the Service. In the event of termination, you will still be bound by your obligations under these Terms of Use.
15.3 Effect of Termination. Upon the expiration or sooner termination of these Terms of Use, all license rights granted to you under these Terms of Use shall automatically and immediately cease and you shall promptly cease all uses of the Service and shall uninstall the Apps. Notwithstanding the foregoing, all provisions of these Terms of Use which are by their nature intended to survive termination or expiration, including without limitation, Sections 6.3, 6.4, 7.1, 7.4, 7.5, 13, 15, and 16 shall survive the expiration or sooner termination of these Terms of Use.

16. Governing Law; Dispute Resolution; Waiver of Jury Trial and Class Actions

PLEASE READ THIS SECTION CAREFULLY. THIS SECTION AFFECTS YOUR LEGAL RIGHTS. It provides for resolution of most disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This section also contains a jury trial waiver and a waiver of any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

16.1 Governing Law. These Terms of Use are governed by the laws of the State of Florida, without regard to its choice of law provisions. The courts of general jurisdiction located within Pinellas County, Florida, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning any use of the Service or these Terms of Use, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or any right to seek to transfer or change venue of any such action to another court..
16.2 Dispute Resolution. You and Curaprox (“the Parties”, each a “Party”) agree that any complaint, dispute, or disagreement, whether based on past, present, or future events, arising out of or related in any way to these Terms of Use, any use of the Service, or any data or information you provide to us or we gather in connection with use of the Service including User Content will be resolved in Florida federal or state (including small claims) court. This dispute resolution procedure expressly supersedes any prior provision of these Terms of Use.
16.3 You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action arising out of, related to or connected with any use of the Service, these Terms of Use, or other transactions or relationships you have with Curaprox, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16.4 No Opt Out Rights. You do not have the right to opt out of this Dispute Resolution section. Rather, your sole remedy if you do not accept these Terms of Use (including this Dispute Resolution section) is to cancel your Accounts for the Service, uninstall any Apps, and cease use of the Sites and the Services.
16.5 WAIVER OF CLASS ACTIONS. BY USING THE SERVICE AND THEREBY AGREEING TO THESE TERMS OF USE, YOU AND CURAPROX ACKNOWLEDGE AND AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
16.6 WAIVER OF JURY TRIALS. BY USING THE SERVICE AND THEREBY AGREEING TO THESE TERMS OF USE, YOU AND CURAPROX ACKNOWLEDGE AND AGREE TO IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM.
16.7 Arbitration Agreement.

16.7.1 Binding Individual Arbitration. Any dispute or claim arising out of or relating to this Agreement, your use of the Website, or your relationship with Curaprox, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved through binding individual arbitration, except that either you or we may elect to have a Dispute heard in small claims court so long as it is not removed or appealed to a court of general jurisdiction in Florida. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide in the first instance unless you and Curaprox agree otherwise. Dispute shall be interpreted broadly and include, but not be limited to: (1) any dispute or claim that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising); (2) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (3) any dispute or claim that may arise after termination of this Agreement. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, and trade secrets and claims of piracy or unauthorized use of intellectual property. The arbitrator shall decide all issues except the following, which are for a court of competent jurisdiction to decide: (1) issues that are reserved for a court in these Terms of Use; (2) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, jury trial waiver, or any of the provisions of this Dispute Resolution section; and (3) issues that relate to the arbitrability of any Dispute. This Agreement and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that this Agreement evidences a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law (not state arbitration law).

Mandatory Informal Dispute Resolution Process. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Curaprox agree to the following informal dispute resolution procedure before you or Curaprox may initiate arbitration. In the event of any Dispute that arises between you and Curaprox, the party asserting the Dispute shall first send written notice to the other party (by first class or registered mail) that includes all of the following information: (1) contact information (including name, address, email address, and telephone number); (2) a detailed description of the nature and basis of the Dispute and any claims; (3) a detailed description of the relief sought, including a calculation for it; and (4) information sufficient to identify any account and transaction at issue. The notice must be personally signed by the party asserting the Dispute (and your or our counsel, if represented). Your notice to Curaprox must be sent to Curaprox Legal Department, Attn: General Counsel, Curaden USA Inc., 7901 4th St N, Suite 300, St. Petersburg, FL, 33702, United States. Our notice to you must be sent to your last-used billing address or the billing and/or shipping address in your online profile.
For a period of 60 days from receipt of a completed notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Curaprox representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration with a Process Arbitrator or merits arbitrator. All applicable limitations periods (including statutes of limitations) shall be tolled from the date of receipt of a completed notice through the conclusion of this Process. You or we may commence arbitration only if the Dispute is not resolved through this Process.
You agree to defend, indemnify and hold Curaprox harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of the Website and/or your breach of any representation, warranty, or other provision of these Terms of Use.

17. General

17.1 Export Compliance. The Service is subject to United States export control and economic sanctions laws and regulations, and may be subject to export, import or sanctions regulations in other countries. You agree to strictly comply with all such laws and regulations, including any U.S. embargo or other federal rules and regulations restricting exports. You further acknowledge that you have the responsibility to obtain authorization to export, re-export, transfer or import the Service or data on our Service, as may be required under U.S. law or the laws of other jurisdictions. You may not export, re-export, transfer or import the Service, or any software, data, or information available through the Service, in violation of United States export control laws and regulations, including but not limited to the U.S. Export Administration Regulations administered by the U.S. Department of Commerce and all economic sanctions regulations and laws administered by the U.S. Department of Treasury Office of Foreign Assets Control. You shall indemnify and hold harmless Curaprox from and against any and all losses, claims and expenses incurred by Curaprox as a result of the breach of your obligations under this Section.
17.2 Independent Contractors. In making and performing these Terms of Use, neither party is, nor will be deemed to be, an agent, legal representative, joint venturer or partner of the other party for any purpose.
17.3 Force Majeure. In the event that Curaprox is unable to perform its obligations under these Terms of Use because of acts of God, strikes, equipment or transmission failure, unavailability or poor performance of the Internet, or other causes reasonably beyond its control, Curaprox shall not be liable to you for any damages resulting from such failure to perform or otherwise from such causes.
17.4 Public Statements. Either party may disclose the existence of these Terms of Use but may not represent to any third party any positions, statements, intentions or other actions on behalf of the other.
17.5 Assignment. You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder to any third party without the prior written consent of Curaprox. Any purported assignment in contravention of this Section shall be null and void. Subject to the foregoing, these Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
17.6 Notices. Except as otherwise indicated herein, all notices and other communications hereunder shall be in writing and shall be deemed effective when delivered by hand, facsimile transmission, reputable overnight delivery service, or certified mail (return receipt requested), postage prepaid to: (a) in the case of Curaprox, to the attention of Curaprox Legal Department, Attn: General Counsel, Curaden USA Inc., 7901 4th St N, Suite 300, St. Petersburg, FL, 33702, United States; and (b) in the case of user, to the address set forth in your Account information (if any).
17.7 Entire Agreement; Amendment. These Terms of Use constitute the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter hereof. Except as otherwise set forth herein, these Terms of Use may not be amended, supplemented or otherwise modified by you except by an instrument in writing signed by both parties and attached hereto.
17.8 Waivers. A waiver by either party of a breach or violation of any provision of these Terms of Use will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of these Terms of Use.
17.9 Severability. If any provision of the Terms of Use is held to be unenforceable, it shall be severed and the remaining provisions will remain enforceable. The severed provision will be replaced by an enforceable provision most nearly reflecting the intention of the parties.
17.10 Headings. The section headings used herein are for convenience of reference only and do not form a part of these Terms of Use, and no construction or inference shall be derived therefrom.
17.11 Jurisdiction. The Services are controlled and operated by Curaprox from the United States and is not intended to subject Curaprox to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Services or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States.

18. Note To New Jersey Consumers

If you are a consumer residing in New Jersey, the following provisions of these Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent they are unenforceable under New Jersey law: (a) any disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code and New Jersey Consumer Fraud Act); (b) any limitation on liability for loss of profits or loss or use of data (for example, to the extent unenforceable under the New Jersey Identity Theft Protection Act and New Jersey Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under any contract, tort (including negligence), strict liability or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (d) any requirement that you indemnify us (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (e) any governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

19. Copyright Infringement Claims

If you believe in good faith that material available on or through the Service, Apps or Sites infringes your copyright, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a mechanism for you (or your agent) to send to Curaprox a written notice of such alleged infringement, requesting that Curaprox remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA provides a mechanism for you to send to Curaprox a counter-notice. Notices and counter-notices must meet the DMCA’s then-current statutory requirements. See https://www.copyright.gov for details. Notices and counter-notices must be sent in writing to Curaprox Legal Department, Attn: General Counsel, Curaden USA Inc., 7901 4th St N, Suite 300, St. Petersburg, FL, 33702, United States.; or by e-mail on support@curaden.us; or by phone at 1-800-919-0120.

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