Terms of Service
IMPORTANT — PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE (“TERMS” OR “AGREEMENT”) BEFORE ACCESSING, USING, OR PLACING AN ORDER THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY. THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY FOR YOUR RECORDS.
Your use of https://trycuradose.com/, including any subdomains, affiliated websites and mobile applications (collectively, the “Website”), which are owned and operated by doing business as Curadose (“Curadose,” “we,” “our,” or “us”), is governed by the policies, terms and conditions set forth below.
We offer the Website, including all information, tools, products and services available from it, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing, using or placing an order through the Website, you agree to these Terms. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION BELOW OR UNLESS YOU TIMELY OPT OUT. PLEASE CAREFULLY REVIEW THE DISPUTE-RESOLUTION PROVISIONS BELOW, WHICH DESCRIBE YOUR RIGHT TO OPT OUT.
You can review the most current version of these Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of changes constitutes acceptance of those changes with respect to your continued use of the Website.
Each order remains subject to the version of these Terms and incorporated policies made available when the order was placed, except where a later change is required by applicable law or affirmatively accepted by you.
1. Website Use
By using the Website and agreeing to these Terms, you represent that you are at least the age of majority in your state, province or country of residence.
By using the Website, you affirm that:
- You have the legal capacity to enter into a binding contract with us;
- You have read this Agreement;
- You understand and agree to its terms;
- You are at least 18 years old; and
- You are using the Website for lawful personal purposes.
2. Privacy and Security Disclosure
Our Privacy Policy is available on the Website and is incorporated into these Terms by reference.
The Privacy Policy describes how we collect, process, disclose, retain and protect personal information.
By using the Website or placing an order, you acknowledge that certain personal information must be processed to:
- Process orders and payments;
- Deliver products;
- Manage subscriptions;
- Provide customer support;
- Prevent fraud;
- Administer returns and refunds;
- Review claims under the 90-Day Money-Back Guarantee;
- Comply with legal obligations; and
- Protect the Website and our customers.
3. General Conditions and User Conduct Restrictions
All aspects of our Website are protected by United States and international copyright, trademark and other intellectual-property laws.
You do not acquire any ownership or other rights by accessing, downloading or using the Website or any material available through it.
You agree not to use or attempt to use the Website, products or services in any unlawful manner or for any unlawful purpose.
You further agree not to commit or attempt to commit any unlawful act on or through the Website, including:
- Hacking or conducting other digital or physical attacks on the Website;
- Publishing abusive, vulgar, obscene or defamatory material;
- Soliciting others to perform or participate in unlawful acts;
- Violating international, federal, state, provincial or local laws, regulations, rules or ordinances;
- Infringing our intellectual-property rights or the rights of others;
- Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating or unlawfully discriminating against another person;
- Submitting false or misleading information;
- Uploading or transmitting viruses or other malicious code;
- Collecting or tracking another person’s personal information without authorization;
- Interfering with or circumventing Website security features;
- Manipulating promotions, reviews, returns or Guarantee documentation;
- Seeking duplicate refunds or reimbursements;
- Using unauthorized payment information;
- Accessing another person’s account without permission;
- Scraping or systematically extracting Website content;
- Using Website content to train or improve an artificial-intelligence or machine-learning system without our written consent; or
- Engaging in any other unlawful or unauthorized act.
Curadose reserves the right to terminate or restrict your access to the Website or its services if we determine that you:
- Do not comply with these Terms;
- Provide false, inaccurate or incomplete information;
- Engage in suspected fraudulent or abusive activity;
- Misuse a promotion, return process or Guarantee;
- Infringe or threaten our intellectual-property rights;
- Engage in unauthorized resale; or
- Engage in conduct that may harm Curadose’s rights, interests, customers, Website, services or property.
Curadose may take other actions reasonably necessary to protect its rights or seek any remedies permitted by law.
4. Products Sold for Personal Use Only
You agree that products or services purchased from Curadose through the Website will be used for your personal, non-commercial use.
You agree not to:
- Commercially resell or redistribute products;
- Sell products through an unauthorized marketplace;
- Modify products for resale;
- Export products into unauthorized markets;
- Use products to provide commercial treatments;
- Copy or counterfeit products; or
- Purchase products on behalf of an unauthorized dealer, reseller or distributor.
Resale outside authorized channels may result in the product becoming materially different because of storage, handling, relabeling, tampering or other conditions that may affect safety, quality, efficacy or our ability to honor warranties and guarantees.
We reserve the right to limit, reject or cancel orders that, in our sole reasonable judgment, appear to have been placed by dealers, resellers, distributors or customers attempting to circumvent purchase limitations.
5. No Medical Advice; Product Use and Safety; Accuracy of Information; Results
Material on the Website is provided for general informational and educational purposes only.
It is not intended as medical advice or as a substitute for advice, diagnosis or treatment from a qualified healthcare professional.
Our products are intended for personal use and are not intended to diagnose, treat, cure or prevent any disease or medical condition.
Statements made on the Website have not necessarily been evaluated by the United States Food and Drug Administration.
You should consult a qualified healthcare professional before using a Curadose product, particularly if you:
- Are pregnant or breastfeeding;
- Have a scalp or skin condition;
- Have an active infection;
- Are taking medication;
- Use anticoagulants or blood-thinning medication;
- Have a bleeding or clotting disorder;
- Have impaired healing;
- Have allergies or sensitivities;
- Have recently undergone a medical or cosmetic procedure;
- Use prescription scalp treatments; or
- Are otherwise under medical care.
Our products, including the micro-infusion device, treatment heads and accompanying serum, must be used only as directed in the instructions supplied with your order.
Single-use treatment heads must not be reused or shared.
Hygiene-sensitive components must not be shared with another person.
Do not use a product if:
- Its sterile or safety packaging is damaged;
- It appears damaged or contaminated;
- It has expired;
- You do not understand the instructions; or
- Continued use appears unsafe.
Discontinue use and consult an appropriate healthcare professional if you experience irritation, an adverse reaction or another unexpected effect.
Curadose products are not suitable for everyone. You are responsible for reviewing and following the supplied instructions, warnings and contraindications.
While we endeavor to provide accurate and current information, the Website may contain typographical errors, inaccuracies or omissions relating to:
- Product descriptions;
- Prices;
- Promotions;
- Offers;
- Shipping charges;
- Transit times;
- Availability; or
- Other Website content.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel an order if information on the Website is materially inaccurate, including after an order has been submitted but before it has been accepted or fulfilled.
We make reasonable efforts to display product colors and images accurately. We cannot guarantee that your device’s display of any color will be accurate.
The Website may contain historical information that is not current and is provided for reference only.
Curadose does not guarantee that you will accomplish a particular hair, wellness or other goal.
Individual results vary depending on factors including:
- Age;
- Health;
- Genetics;
- Hormonal status;
- The cause of hair changes;
- Hair and scalp condition;
- Medication;
- Nutrition;
- Consistency of use;
- Correct application; and
- Other individual circumstances.
Testimonials, reviews, photographs and individual customer experiences do not guarantee that another customer will achieve the same result.
6. Modifications to the Website and Prices
We reserve the right to modify, suspend or discontinue access to the Website, or any part of its content, at any time.
We will not be liable to you or a third party for a modification, suspension or discontinuance of access to the Website, except where liability cannot legally be excluded.
Products or services may be available exclusively online, may have limited quantities and are subject to return, refund or exchange only according to our Refund and Returns Policy and applicable law.
Descriptions of products and product pricing are subject to prospective change without notice.
Any offer for a product or service made through the Website is void where prohibited.
7. Payment
Charges are presented in United States dollars or another currency displayed during checkout.
By submitting payment information, you represent and agree that:
- You are fully authorized to use the card or account provided;
- All payment information is complete and accurate;
- You are responsible for fees imposed by your bank or card issuer; and
- Sufficient funds or credit are available to pay the amount due.
We and our third-party payment providers may request and receive updated payment-card information from your card issuer, such as an updated card number or expiration date.
If updated information is provided, the payment provider may update the payment information associated with your account or subscription.
Your card issuer may allow you to opt out of its card-account updater service. Contact your card issuer for further information.
We are not responsible for charges, currency conversions or fees imposed by your bank, payment provider or card issuer.
If a payment is lawfully due and your bank or card issuer reverses or rejects the charge, we may seek payment through another lawful method.
Nothing in this section permits Curadose to collect an amount that was not validly authorized or otherwise legally owed.
8. Order Placement and Acceptance; Subscriptions, Automatic Payment and Cancellation
Order Placement and Acceptance
Your electronic order confirmation, or another form of automated confirmation, does not signify final acceptance of your order.
We reserve the right to accept, reject, limit or cancel an order, including because of:
- Product unavailability;
- Incorrect pricing;
- An incomplete or invalid address;
- Payment failure;
- Suspected fraud;
- Unauthorized resale;
- Promotion abuse;
- Legal or regulatory restrictions; or
- A violation of these Terms.
If we reject or cancel an order after collecting payment, we will refund the cancelled amount to the original payment method.
We will not be responsible for indirect losses resulting from our lawful refusal to accept an order.
We reserve the right to require additional information before processing an order.
Subscriptions, Automatic Payment and Cancellation
When purchasing a product, you may have the option of buying it once or enrolling in a Curadose subscription or auto-replenishment plan.
Before you enroll, the applicable offer will display the material subscription terms, including:
- Products included;
- Initial price;
- Renewal price;
- Billing frequency;
- Delivery frequency;
- Applicable shipping charges; and
- Available cancellation method.
If you enroll in a subscription, you authorize Curadose and its payment providers to automatically charge the payment method you provided at the billing frequency shown during enrollment until you cancel.
We may use an account-updater service to receive updated payment-card information. An active subscription may be billed using updated account information supplied by the payment provider or card issuer.
IF YOU ARE ENROLLED IN A CURADOSE SUBSCRIPTION PLAN AND HAVE PROVIDED A VALID PAYMENT METHOD, EACH RENEWAL PAYMENT WILL BE AUTOMATICALLY PROCESSED AND BILLED TO THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL.
You may cancel your subscription at any time.
To allow the cancellation to be processed before the next renewal enters fulfillment, you should cancel at least 48 hours before your next scheduled billing or renewal date.
You may cancel by:
- Using the subscription-management portal available through your account; or
- Emailing support@trycuradose.com.
Submitting a cancellation request does not itself confirm cancellation. Cancellation is effective when:
- The account portal displays the subscription as cancelled; or
- Curadose sends written confirmation.
Cancellation stops future renewals after it becomes effective. It does not automatically:
- Cancel a renewal already charged;
- Recall an order already processing;
- Cancel an order already shipped;
- Create a refund right for previous subscription deliveries; or
- Make a renewal or refill order eligible for the 90-Day Money-Back Guarantee.
If a renewal has entered fulfillment or has been shipped, it is governed by our Refund and Returns Policy.
If a subscription payment fails, Curadose may:
- Retry the authorized payment method;
- Contact you to request updated payment information;
- Delay shipment;
- Suspend the subscription; or
- Cancel the subscription.
If you fail to pay for a product that was validly ordered and delivered, the unpaid account may be referred for lawful collection.
9. Shipping
Curadose ships to addresses in the United States and other destinations made available during checkout.
Order-processing and delivery estimates may be displayed during checkout, in the order confirmation or elsewhere on the Website.
Delivery dates are estimates unless expressly stated otherwise.
An accurate shipping address, email address and telephone number are required.
To the extent permitted by applicable law, we are not responsible for late, failed or missing shipments resulting from incomplete or incorrect shipping information provided by you.
If you discover an error or wish to request cancellation before shipment, contact Customer Support as soon as possible at:
support@trycuradose.com
You may also use the contact page at:
https://trycuradose.com/pages/contact
We cannot guarantee that an order can be amended or cancelled after processing or fulfillment has begun.
10. Delivery Confirmation
Because circumstances beyond our control may occur at a delivery address, you agree that delivery confirmation provided by the carrier will ordinarily constitute evidence of delivery, even where no signature was collected.
A carrier delivery scan does not prevent a customer from submitting reasonable evidence of a genuine delivery error.
Where you authorize delivery to a:
- Parcel locker;
- Pickup point;
- Reception desk;
- Mailroom;
- Neighbor;
- Safe place; or
- Other designated recipient or location,
delivery to that location may constitute completed delivery.
You are responsible for monitoring available tracking, responding to carrier communications and collecting the package within the applicable collection period.
11. 90-Day Money-Back Guarantee
Curadose offers a 90-Day Money-Back Guarantee for qualifying first purchases of a complete Curadose System made directly through https://trycuradose.com/.
The Guarantee is a conditional commercial guarantee. It is not an unconditional or automatic refund right.
All claims are governed by the complete eligibility requirements in our Refund and Returns Policy, which is incorporated into these Terms by reference.
If this section conflicts with the Refund and Returns Policy, the Refund and Returns Policy controls.
Eligibility
To qualify for the 90-Day Money-Back Guarantee, you must:
- Have purchased your first qualifying complete Curadose System directly through trycuradose.com;
- Have used the Curadose System consistently and as directed for at least 12 consecutive weeks;
- Have followed the supplied instructions and recommended treatment schedule;
- Have documented your treatment dates;
- Have taken and timely submitted all required progress photographs;
- Have submitted a complete claim no later than 90 calendar days after delivery; and
- Have satisfied all other eligibility conditions stated in the Refund and Returns Policy.
Required Progress Photographs
The required documentation includes:
- A baseline photograph set taken before the first treatment;
- A midpoint photograph set taken during weeks 4 through 6;
- A completion photograph set taken after at least 12 consecutive weeks of use and before the 90-day deadline.
Each required set must include clear photographs of the relevant treatment areas as described in the Refund and Returns Policy.
Photographs must be sufficiently comparable to allow reasonable review of:
- Treatment area;
- Angle;
- Distance;
- Lighting;
- Hair condition;
- Hairstyle; and
- Part placement.
A full-face photograph is not required. Photographs may be cropped to show only the relevant hair and scalp area.
Timely Submission Required
The required photograph sets must be submitted during the applicable treatment windows stated in the Refund and Returns Policy.
Keeping photographs privately and submitting them only after the required submission period may not satisfy the Guarantee requirements.
Curadose may review:
- Submission timestamps;
- Original image files;
- Available image metadata;
- Treatment records;
- Order records; and
- Relevant communications
to verify that the documentation corresponds to the required treatment stages.
Complete Claim Required by Day 90
A request is not complete unless every required photograph set, usage record and mandatory claim document has been submitted no later than 90 calendar days after delivery.
A message merely:
- Expressing dissatisfaction;
- Stating an intention to make a claim;
- Asking for a refund; or
- Requesting claim instructions
does not constitute a complete Guarantee claim.
A complete claim submitted within the applicable period remains timely while under review.
Additional Information
Curadose may request reasonable additional information where submitted documentation is:
- Incomplete;
- Unclear;
- Inconsistent;
- Unreadable; or
- Insufficient to verify eligibility.
Requested information may include:
- Original image files;
- Replacement copies of unreadable files;
- Clarification of treatment dates;
- Additional photographs of the documented treatment area;
- Usage information;
- Order information; or
- Other information reasonably necessary to evaluate the claim.
Any additional information requested during review must be supplied within seven calendar days after Curadose sends the request.
Curadose may grant a written extension where appropriate.
Failure to supply requested information within the applicable period may result in the claim being closed or denied as incomplete.
A request for additional information does not permit a customer to recreate a mandatory progress photograph that was not taken or submitted during the required treatment stage.
One Qualifying Purchase
The Guarantee applies only to the qualifying first Curadose System order identified in the claim.
The Guarantee does not reimburse:
- Multiple orders;
- Cumulative purchase history;
- Previous orders;
- Subscription renewal orders;
- Refill-only purchases;
- Repeat Curadose System purchases;
- Replacement orders;
- Previous treatment cycles;
- Complimentary products;
- Promotional gifts;
- Separately purchased add-ons;
- Package-protection charges; or
- Products outside the qualifying order.
The Guarantee is limited to one approved claim per customer and household.
Curadose may consider reasonably related:
- Customer names;
- Billing addresses;
- Shipping addresses;
- Email addresses;
- Payment methods; and
- Order histories
when applying this restriction.
No Physical Return Required After Approval
If a qualifying claim is approved, you will not be required to return:
- The Curadose device;
- Used or unused serum containers;
- Empty containers;
- Treatment components;
- Supplements;
- Promotional products; or
- Other products included in the qualifying order.
Do not send products to Curadose in connection with a Guarantee claim unless Curadose specifically instructs you to do so in writing.
Guarantee Refund Amount
An approved Guarantee refund covers the amount actually paid for the eligible Curadose System and applicable taxes collected specifically on that product.
Unless required by applicable law, the Guarantee does not refund:
- Original shipping or handling charges;
- Expedited or priority-delivery charges;
- Package-protection fees;
- Complimentary products;
- Promotional gifts;
- Separately purchased add-ons;
- Subscription renewals;
- Refill-only purchases; or
- Products outside the qualifying first Curadose System order.
Where a discount, promotional code or store credit was used, the refund is calculated using the amount actually paid for the eligible Curadose System rather than its regular retail price.
Refunds will ordinarily be issued to the original payment method.
Duplicate Reimbursement Prohibited
The Guarantee cannot be combined with another refund, return, reimbursement, store credit, compensation payment, chargeback or payment dispute relating to the same transaction.
A customer cannot receive more than one recovery for the same amount.
We reserve the right to deny claims that we reasonably determine are:
- Fraudulent;
- Abusive;
- Duplicative;
- Based on manipulated documentation;
- Based on materially false information; or
- Otherwise ineligible under the Refund and Returns Policy.
To request review under the Guarantee, email:
support@trycuradose.com
12. Standard Return and Refund Policy
Purchases that do not qualify for the 90-Day Money-Back Guarantee are subject to our Standard Return and Refund Policy.
The complete Refund and Returns Policy displayed on trycuradose.com is incorporated into these Terms and controls all standard returns.
Standard 30-Day Returns
A customer may request a standard return within 30 calendar days after delivery.
To qualify, the product must ordinarily be:
- Unopened;
- Unused;
- In its original packaging;
- Complete with all included components;
- In resalable condition; and
- Protected by an intact hygiene or safety seal, where applicable.
Opened or used hygiene-sensitive products are not eligible for a standard change-of-mind return, except where required by applicable law or where the product is verified as defective.
This may include:
- Used micro-infusion devices;
- Opened serum;
- Opened supplements;
- Used treatment heads;
- Used needles or applicators;
- Products with broken hygiene seals; and
- Products contaminated, altered, misused or damaged after delivery.
Return Authorization Required
Before sending a physical return, contact:
support@trycuradose.com
Your request should include:
- Your full name;
- Your order number;
- The product you wish to return;
- The reason for the return; and
- Photographs where reasonably requested.
Do not send a product back before receiving written return authorization and the correct return address.
Returns sent without authorization or to an unauthorized address may be refused, delayed, lost or returned to the sender.
European Return Facility
All authorized physical returns must be sent to the European return facility identified in the written return authorization.
Curadose does not maintain a United States consumer return location.
The exact return address will be supplied after the return request has been reviewed and authorized.
Do not send returns to:
- The original shipping address;
- An address printed on the packaging;
- An address found through an online search; or
- Any address not specifically supplied by Curadose for the authorized return.
Return Deadline and Tracking
Unless otherwise stated in the authorization, an authorized return must be shipped within 14 calendar days after Curadose issues the return instructions.
The customer must use a tracked shipping method and retain proof of shipment.
The customer is responsible for a return until it is delivered to the authorized return facility.
Curadose is not responsible for a return that is lost, damaged, misdirected or delivered to an unauthorized address.
Return Shipping
Unless the product is verified as defective, damaged on arrival or incorrect, the customer is responsible for return-shipping costs.
Original shipping, expedited shipping, priority processing and package-protection charges are non-refundable except where required by applicable law.
Inspection
All returned products are inspected after delivery.
Curadose may reduce or deny a refund where a returned product is:
- Opened;
- Used;
- Incomplete;
- Missing components;
- Missing promotional items required to be returned;
- Damaged after delivery;
- Contaminated;
- Altered;
- Returned outside the authorized period;
- Sent to an unauthorized address; or
- Otherwise ineligible under the Refund and Returns Policy.
Nothing in this section limits mandatory statutory rights.
Bundles and Promotional Products
Bundles must ordinarily be returned complete.
Where part of a discounted bundle is returned, the refund may be recalculated to account for:
- The discounted price paid;
- Products retained by the customer;
- Loss of bundle eligibility;
- Loss of a volume discount; or
- Promotional products not returned.
Complimentary and promotional products have no cash value.
Where required under the Refund and Returns Policy, a promotional product must be returned with the qualifying order to receive a full standard-return refund.
Refund Processing
After an eligible return is received, inspected and approved, Curadose will ordinarily initiate the refund within 10 business days.
Refunds are issued to the original payment method unless another method is required by law or expressly agreed.
After Curadose initiates the refund, additional processing time may be required by your bank, card issuer or payment provider.
Damaged, Missing, Incorrect or Defective Products
If a product arrives visibly damaged, missing, incorrect or with a suspected manufacturing defect, contact:
support@trycuradose.com
You may be required to provide:
- Your order number;
- Photographs;
- Video evidence;
- Packaging photographs;
- A description of the issue;
- A device serial number; and
- Reasonable troubleshooting information.
For a verified problem, the initial remedy will ordinarily be:
- Troubleshooting;
- Replacement of an affected component;
- Replacement of the product; or
- Reshipment of the missing or incorrect item.
Where repair or replacement is unavailable, unsuccessful or another remedy is required by applicable law, Curadose may provide a refund, price adjustment or other appropriate remedy.
Damage caused by accidental damage, improper use, failure to follow instructions, unauthorized modification, improper storage, contamination or normal wear is not a manufacturing defect.
Subscription Orders
Subscription renewals and refill-only orders are not eligible for the 90-Day Money-Back Guarantee.
An unopened and otherwise eligible subscription renewal may be returned only in accordance with the Standard Return and Refund Policy.
Cancelling a subscription does not automatically refund or cancel a renewal already charged, processed or shipped.
Refused and Unclaimed Deliveries
Refusing delivery, failing to collect a package or allowing it to be returned to sender does not automatically cancel the order or create an entitlement to a full refund.
Where a refused or unclaimed package is successfully returned and received, the refund may be reduced by non-recoverable amounts permitted under the Refund and Returns Policy and applicable law, including:
- Original shipping costs;
- Return-to-sender fees;
- Carrier handling fees;
- Storage fees;
- Customs charges; and
- Other direct return expenses.
Mandatory Consumer Rights
Nothing in this section limits legal rights that cannot lawfully be waived, including applicable rights relating to defective, damaged or misdescribed products.
13. Social Media
This section applies to anyone who interacts with our social-media presence, including comments, feeds and other elements of our presence on:
- Facebook;
- Instagram;
- YouTube;
- Pinterest;
- TikTok;
- X;
- LinkedIn; or
- Other third-party platforms.
The platforms hosting our social-media presence are not controlled by Curadose and maintain their own terms and privacy policies.
Comments and opinions expressed by social-media users are their own and do not necessarily reflect Curadose’s opinions.
We have no obligation to monitor or remove every user comment, but we may report, moderate or remove content where permitted and appropriate.
14. Disclaimer of Warranties
EXCEPT WHERE PROHIBITED BY LAW, THE WEBSITE AND ALL NON-STATUTORY SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM REPRESENTATIONS AND WARRANTIES CONCERNING THE:
- RELIABILITY;
- TIMELINESS;
- QUALITY;
- SUITABILITY;
- AVAILABILITY;
- ACCURACY; AND
- COMPLETENESS
OF INFORMATION AVAILABLE THROUGH THE WEBSITE.
WE DO NOT WARRANT THAT:
- PRODUCTS, SERVICES, INFORMATION OR MATERIAL OBTAINED THROUGH THE WEBSITE WILL MEET EVERY CUSTOMER’S REQUIREMENTS OR EXPECTATIONS;
- THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
- EVERY TECHNICAL ERROR WILL BE CORRECTED;
- THE WEBSITE OR ITS SERVERS WILL BE FREE FROM EVERY VIRUS OR HARMFUL COMPONENT; OR
- EVERY CUSTOMER WILL ACHIEVE THE SAME PRODUCT RESULT.
TO THE FULLEST EXTENT PERMITTED BY LAW, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED.
Nothing in this section excludes or limits:
- The express 90-Day Money-Back Guarantee;
- Rights under the Refund and Returns Policy;
- Express written promises made by Curadose;
- Statutory warranties that cannot be disclaimed;
- Mandatory product-liability obligations; or
- Other mandatory consumer rights.
15. Limitation of Liability
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL CURADOSE OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATING TO:
- THESE TERMS;
- THE PRIVACY POLICY;
- THE REFUND AND RETURNS POLICY;
- THE WEBSITE;
- THE PRODUCTS;
- A SUBSCRIPTION;
- A THIRD-PARTY SERVICE; OR
- YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR A PRODUCT.
THIS INCLUDES, WITHOUT LIMITATION:
- LOSS OF USE;
- LOSS OF PROFITS;
- LOSS OF DATA;
- LOSS OF GOODWILL;
- LOSS OF OPPORTUNITY;
- COST OF SUBSTITUTE PRODUCTS OR SERVICES; OR
- OTHER INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES.
THIS LIMITATION APPLIES REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR OTHERWISE, AND REGARDLESS OF WHETHER CURADOSE WAS ADVISED OF THE POSSIBILITY OF THE LOSS.
IF CURADOSE IS FOUND LIABLE UNDER A LEGAL THEORY DESPITE THE LIMITATIONS ABOVE, CURADOSE’S AGGREGATE LIABILITY AND YOUR EXCLUSIVE MONETARY REMEDY WILL BE LIMITED TO THE GREATER OF:
- THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM; OR
- USD $500.00.
Some states and jurisdictions do not permit the exclusion of certain warranties or categories of damages. In those jurisdictions, the exclusions and limitations apply only to the maximum extent permitted by law.
Nothing in these Terms excludes liability where exclusion would be unlawful, including liability that cannot legally be excluded for:
- Fraud;
- Willful misconduct;
- Death or personal injury caused by legally established negligence;
- Mandatory product liability;
- Breach of a non-excludable statutory obligation; or
- Other non-excludable liability.
16. Dispute Resolution by Mandatory Binding Arbitration and Class-Action Waiver
PLEASE READ THIS PROVISION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES OR CLAIMS BETWEEN YOU AND CURADOSE ON AN INDIVIDUAL BASIS.
You agree that any dispute or claim arising from or relating to:
- This arbitration provision;
- These Terms;
- The Privacy Policy;
- The Refund and Returns Policy;
- Curadose’s advertising or marketing practices;
- Curadose products or services;
- A subscription;
- A return or refund;
- The 90-Day Money-Back Guarantee;
- A payment;
- A customer-support interaction; or
- The relationship between you and Curadose
will be submitted to binding, final and confidential arbitration before a single arbitrator administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules.
This arbitration provision is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16.
The arbitrator will be bound by this arbitration provision.
The arbitrator has the authority to determine whether a dispute or claim is arbitrable, except that a court of competent jurisdiction will decide whether the class-action waiver is valid or enforceable.
The arbitrator will apply the substantive law of the State of Wyoming to the extent consistent with the Federal Arbitration Act and applicable mandatory law.
The arbitrator may award remedies available in an individual lawsuit under applicable substantive law, including:
- Compensatory damages;
- Statutory damages;
- Punitive damages where legally available;
- Declaratory relief;
- Individual injunctive relief;
- Other equitable relief; and
- Attorneys’ fees and costs where authorized by law.
The arbitrator may resolve only disputes between you and Curadose.
The arbitrator may not:
- Consolidate claims without Curadose’s consent;
- Hear class claims;
- Hear collective claims;
- Hear representative claims;
- Award relief on behalf of another person; or
- Preside over a private-attorney-general action on behalf of others.
If a court or arbitrator determines that part of this arbitration agreement cannot be enforced with respect to a specific claim or remedy, that claim or remedy—and only that claim or remedy—must proceed in court. All remaining arbitrable claims must proceed in individual arbitration.
Notwithstanding anything to the contrary, Curadose may bring a claim in the state or federal courts of Wyoming for injunctive, equitable or other relief arising from actual or threatened:
- Misappropriation;
- Counterfeiting;
- Unauthorized resale;
- Website intrusion; or
- Infringement of Curadose’s intellectual-property rights.
You agree that venue is proper and that you are subject to personal jurisdiction in those courts to the extent permitted by applicable law.
UNLESS YOU TIMELY OPT OUT, YOU WILL NOT HAVE THE RIGHT TO:
- HAVE A COURT OR JURY DECIDE AN ARBITRABLE DISPUTE;
- OBTAIN INFORMATION BEFORE A HEARING TO THE SAME EXTENT AVAILABLE IN COURT;
- PARTICIPATE IN A CLASS ACTION IN COURT OR ARBITRATION;
- ACT AS A CLASS REPRESENTATIVE OR CLASS MEMBER;
- ACT AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHERS; OR
- JOIN OR CONSOLIDATE YOUR CLAIM WITH ANOTHER PERSON’S CLAIM.
Other rights available in court may not be available in arbitration.
Either party may bring an eligible individual claim in small-claims court, provided that the claim remains individual and within that court’s jurisdiction.
Nothing in this section prevents you from filing a complaint with or cooperating with a government or regulatory authority.
Arbitration Opt-Out
You may opt out of arbitration within 30 calendar days after the date you first purchase a product or service through the Curadose Website.
To opt out, send a letter to:
Attn: Legal Department — Arbitration Opt-Out
30 N Gould St Ste N
Sheridan, WY 82801
United States
Your notice must state:
- Your full name;
- The email address used for your order;
- Your mailing address;
- Your order number or the product purchased; and
- A clear statement that you intend to opt out of the arbitration agreement.
The notice must be postmarked within the 30-day period.
Opting out of arbitration does not affect any other provision of these Terms.
17. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Curadose, and their parents, subsidiaries, predecessors, successors, affiliates, partners, members, officers, directors, agents, representatives, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against claims, actions, losses, liabilities, damages, expenses, demands and costs, including reasonable attorneys’ fees, arising out of or connected with:
- Your breach of these Terms or a policy incorporated by reference;
- Your breach of a representation or warranty made in these Terms;
- Your violation of applicable law;
- Your violation of a third party’s rights;
- Your fraudulent or unlawful use of the Website;
- Your unauthorized resale or modification of a Curadose product;
- Content you unlawfully submit; or
- Dangerous product use contrary to clear instructions.
This provision does not require a consumer to indemnify Curadose for Curadose’s own negligence, intentional misconduct or violation of mandatory law.
18. Third-Party Websites and Links
The Website may include third-party materials or links to third-party websites.
Curadose is not responsible for third-party materials, services or websites that it does not own or control.
We are not responsible for harm or damages related to goods, services, content or transactions offered independently by a third party.
Review the third party’s terms and policies before entering into a transaction.
Complaints or questions concerning third-party products or services should be directed to the applicable third party.
19. Testimonials, Reviews and Other Submissions
Curadose welcomes genuine customer reviews, comments and feedback.
For purposes of this section, “Public Submissions” means content deliberately submitted by you for public display, such as:
- Public reviews;
- Testimonials;
- Public comments;
- Social-media posts submitted to Curadose;
- Photographs voluntarily submitted for promotional consideration;
- Videos voluntarily submitted for promotional consideration; or
- Other content clearly submitted for publication.
By submitting a Public Submission, you represent that:
- The submission is true and accurate to the best of your knowledge;
- You own or have permission to submit it;
- It does not infringe another person’s rights;
- It does not contain unlawful content; and
- It does not contain malicious code.
To the extent permitted by law, you grant Curadose a royalty-free, worldwide, non-exclusive, transferable and sublicensable right to use, copy, reproduce, format, distribute, display, publish, transmit, adapt and create derivative works from a Public Submission in connection with Curadose’s products, services, marketing and business.
Where required by law, Curadose will obtain any additional permission necessary to use your name, likeness or testimonial in advertising.
Testimonials represent individual experiences and do not necessarily represent the generally expected customer experience.
Nothing in these Terms:
- Prohibits an honest review;
- Penalizes a customer for an honest negative review;
- Requires a customer to transfer ownership of a review;
- Prevents a customer from reporting a concern; or
- Prevents a customer from communicating with a regulator.
Private Documentation Excluded
“Public Submissions” do not include materials privately submitted for:
- A 90-Day Money-Back Guarantee claim;
- A standard return;
- A damaged or defective product claim;
- A health or adverse-reaction report;
- Customer support;
- Identity or payment verification; or
- A payment dispute.
Private Guarantee photographs, medical information, return evidence and customer-support attachments remain private documentation and will not be used in public advertising or testimonials without separate express permission.
Submitting private Guarantee documentation does not transfer ownership of the photographs or other documentation to Curadose.
20. Digital Millennium Copyright Act Notice and Intellectual-Property Rights
DMCA Notice
The Website maintains contact information for notices of claimed copyright infringement.
Notices should be sent to:
Curadose
Attn: DMCA / Copyright Agent
30 N Gould St Ste N
Sheridan, WY 82801
United States
Email: support@trycuradose.com
A copyright-infringement notice should include:
- A description of the copyrighted work;
- A description and location of the allegedly infringing material;
- Your contact information;
- A statement that you have a good-faith belief that the use is not authorized;
- A statement, made under penalty of perjury, that the notice is accurate and that you are authorized to act for the copyright owner; and
- A physical or electronic signature.
Failure to include required information may delay review.
Intellectual-Property Rights and License
Audio, video, images, photographs, articles, opinions, text, graphics, illustrations, logos, layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other Website content (“Content”) are owned or licensed by Curadose or authorized third parties.
The Content is protected by copyright, trademark, trade-dress and other intellectual-property laws in the United States and other countries.
You must not remove or alter copyright, trademark or other legal notices displayed on the Content.
Curadose retains all right, title and interest in the Website and Content.
No ownership right is transferred because you are granted access to the Website.
You are permitted to access and view Content for personal, non-commercial use.
Unless expressly authorized in writing, you may not:
- Download or stream-capture Content in bulk;
- Store Content in a database;
- Archive or copy a substantial part of the Website;
- Upload, sell, rent, lease or lend Content;
- Broadcast or transmit Content;
- Distribute, display or perform Content;
- License or sublicense Content;
- Commercially exploit Content;
- Modify Content;
- Create derivative works;
- Mirror Content on another server;
- Create or distribute an index of a substantial part of the Content; or
- Build a business using the Content.
This prohibition applies even where derivative materials would be distributed free of charge.
Copyright
Copyright in Website materials is owned by Curadose or their licensors.
Permission is granted to view, print or download limited materials for personal, non-commercial informational use, provided all ownership and copyright notices remain intact.
Curadose may revoke this permission at any time.
Unauthorized use may violate copyright, trademark, privacy, publicity or communications laws.
Trademarks
The trademarks, service marks and logos displayed on the Website, including CURADOSE and Curadose, are registered or unregistered trademarks owned by or licensed to Curadose.
Nothing on the Website grants a license or right to use a trademark without prior written consent from its owner.
The Curadose name, logo or trademarks may not be used in advertising, publicity, domain names, social-media identities or links in a manner suggesting authorization, approval or affiliation without prior written consent.
21. Electronic Communications
You agree that we may communicate with you electronically.
Electronic communications may include:
- Order confirmations;
- Shipping notices;
- Subscription notices;
- Renewal communications;
- Cancellation confirmations;
- Return instructions;
- Guarantee reminders;
- Requests for documentation;
- Safety notices;
- Legal notices;
- Policy disclosures; and
- Account-security communications.
To the extent permitted by law, electronic notices, disclosures, agreements and communications have the same force and effect as communications provided in writing.
You are responsible for maintaining a valid email address and reviewing communications relating to your transactions.
22. Governing Law
These Terms and disputes or claims arising out of or related to them, their subject matter or their formation are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.
The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provision.
The choice of Wyoming law does not deprive a consumer of mandatory protections available under the law of the consumer’s habitual residence where those protections cannot legally be waived.
For disputes not subject to arbitration, the parties consent to the jurisdiction of the state and federal courts in Wyoming to the extent permitted by applicable law.
23. Assignment
You may not assign your rights or obligations under these Terms without prior written consent from Curadose.
Any attempted unauthorized assignment will be void.
Curadose and their affiliates may transfer contractual rights and obligations under these Terms if some or all of the Curadose business is transferred through:
- A merger;
- Reorganization;
- Sale of assets;
- Business sale;
- Financing transaction; or
- Transfer to an affiliate or successor.
An assignment will not reduce mandatory consumer rights.
24. No Waiver
No waiver by Curadose of a term or condition will be considered a continuing waiver of that term or a waiver of another term.
A failure to assert a right or provision does not constitute a waiver of that right or provision.
A waiver is effective only when clearly made in writing.
25. Severability
If a provision of these Terms is determined to be unlawful, void or unenforceable, it will be enforced to the fullest extent permitted by law.
The unenforceable portion will be deemed severed or narrowed as necessary.
The determination will not affect the validity or enforceability of the remaining provisions.
If part of the arbitration provision is found unenforceable, the arbitration-specific severability language in Section 16 will apply.
26. Termination and Survival
Upon termination of this Agreement, provisions that by their nature should survive will remain effective.
These include provisions relating to:
- Privacy;
- Personal-use limitations;
- Product use;
- Medical disclaimers;
- Payments owed;
- Returns and refunds;
- Warranty disclaimers;
- Limitations of liability;
- Arbitration and dispute resolution;
- Indemnification;
- Public Submissions;
- Intellectual property;
- Governing law;
- Entire agreement;
- Fraud and abuse; and
- Accrued rights and obligations.
27. Entire Agreement
These Terms, together with:
- The Refund and Returns Policy;
- The Privacy Policy;
- Product instructions;
- Subscription disclosures;
- Promotion-specific conditions; and
- Other policies or operating rules incorporated by reference
constitute the complete agreement between you and Curadose concerning your use of the Website and applicable transaction.
They supersede prior or contemporaneous agreements and communications concerning the same subject, except for an express written promise that legally forms part of the transaction.
Any ambiguity will be interpreted according to applicable law and will not automatically be construed against either party solely because that party participated in drafting the provision.
28. Contact Us
If you have questions about these Terms, your order, subscription, return, refund or the 90-Day Money-Back Guarantee, contact us:
By email: support@trycuradose.com