PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY CURRIX,LLC. ("CURRIX"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.CURRIX.COM (THE "SITE") AND ALL SERVICES PROVIDED BY CURRIX ON THE SITE.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Membership
You need not be a member of CURRIX to access or use the content or services. However, access to some areas or content may be restricted to members only.
Proprietary Rights
Your use of CURRIX does not grant to you any ownership or interest in any content, code, data or materials you may access on or through CURRIX or any intellectual property rights for any content, code, data or materials.
Using Currix
While using CURRIX, you will not:
post content that does not legally belong to you.
post content or items in an inappropriate area on our site;
violate any laws, third party rights or our policies;
use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
fail to deliver payment for items purchased by you,
circumvent or manipulate our fee structure, the billing process, or download process;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems ;
transfer your CURRIX account (including feedback) and User ID to another educator or third party without our consent;
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm CURRIX, or the interests or property of CURRIX users;
export or re-export any CURRIX content;
copy, modify or distribute rights or content from CURRIX or CURRIX's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
modify, adapt or hack CURRIX or modify another website so as to falsely imply that it is associated with CURRIX;
contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
unlawfully threaten, unlawfully harass, impersonate or intimidate any person (including CURRIX staff or other users);
appear to create liability for CURRIX or cause CURRIX to lose (in whole or in part) the services of CURRIX's ISPs or other suppliers;
allow a third party to re-post any digitally downloaded content and will hold CURRIX harmless for any dispute concerning this use.
Product Description
CURRIX attempts to be as accurate as possible. However, CURRIX does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.
Under no circumstances (including but not limited to any act or omission on the part of CURRIX) will CURRIX or its affiliates be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, CURRIX or the content.
To the fullest extent permitted by law, CURRIX's liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of CURRIX to the following:
1. in the case of services supplied or offered by CURRIX:
a. the resupply of the original services;
b. the payment of the cost of having services supplied again; and
2. in the case of goods supplied or offered by us:
a. the replacement of the goods or the supply of equivalent goods; or
b. the payment of the cost of replacing the goods or acquiring equivalent goods.
Pricing
Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Resolution of Disputes and Release
In the event a dispute arises between you and CURRIX, please contact CURRIX.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Orange County, California, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Courts of California, County of Orange. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and CURRIX agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release CURRIX (and CURRIX's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CURRIX encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
CURRIX, for the benefit of users, may try to help users resolve disputes. CURRIX does so in CURRIX's sole discretion, and CURRIX has no obligation to resolve disputes between users or between users and outside parties. To the extent that CURRIX attempts to resolve a dispute, CURRIX will do so in good faith based solely on CURRIX's policies. CURRIX will not make judgments regarding legal issues or claims.
Intellectual Property
CURRIX, and other CURRIX graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks of CURRIX, LLC, in the U.S. and/or other countries. CURRIX's trademarks may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
No Warranty
CURRIX, CURRIX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CURRIX'S SUPPLIERS PROVIDE CURRIX'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CURRIX, CURRIX'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CURRIX'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CURRIX SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD CURRIX AND (AS APPLICABLE) CURRIX'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
No Guarantee
CURRIX does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside CURRIX's control.
Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any CURRIX service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on CURRIX's net income).
You understand that it is your responsibility to comply with all legal institutional intellectual policy rights and agreements.
Applicable Law
By visiting CURRIX.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and CURRIX.
Site Policies, Modification and Severability
Please review our other policies, such as our pricing policy, seller agreement and privacy policy posted on this site. These policies also govern your visit to CURRIX.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have questions regarding the Terms of Use, or to update your account information, please call CURRIX Support at (650) 394-7449 or email
support@currix.com.
