Terms and Conditions for Online Sales

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION, ANY COMPANY POLICY, OR ANY OTHER AGREEMENT BETWEEN YOU AND THE COMPANY.

 

  1. Applicability of Terms and Conditions. These Terms and Conditions for Online Sales (these “Terms” or this “Agreement”) are entered into by and between you, the customer (“you,” “your,” or “Customer”) and CURACORE VET, PLLC (“CuraCore,” “we,” “us,” “our,” or the “Company”) and shall apply to your purchase of products and/or services through our website (www.curacore.org) (the “Website,” including, as applicable, any other sites maintained by us, including, without limitation, https://curacore.academy and http://curacore.litmos.com/). Please review these Terms in their entirety prior to engaging in any transaction on the Website. By proceeding with any transaction by or through our Website, you hereby agree to these Terms.
  2. Online Orders. When placing an order on our Website, you are offering to purchase whatever products and services you select. All descriptions of products or services are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or service at any time and may limit the quantities of any products or services that we offer.We reserve the right to accept or reject any order in our sole discretion. Should we elect to accept your offer, you will receive a confirmation page or confirmation email at the email address that you provide. Notwithstanding the foregoing, we reserve the right to cancel any order, at any time, in accordance with these Terms regardless of your receipt of a confirmation email or confirmation page (for example, if you sign up for, and receive, a confirmation email for a course you are not eligible to participate in). If we refuse or cancel your registration, you will be offered a full refund, provided such cancellation is not the result of your violation of the Code of Conduct as described in these Terms, or due to your violation of any applicable eligibility requirements. Unless otherwise agreed by us in writing, registrations are strictly non-transferable.
  3. Payment Terms. All applicable prices are set forth alongside the products and services offered on the Website. They may differ from the prices offered elsewhere (online or offline) or from time to time by us for the same products and/or services. Such prices are subject to change at any time by us in our sole discretion. You are responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider, in each case, as authorized by us and as we may change from time to time in our sole discretion. By making a purchase, you hereby represent and warrant that you have full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  4. Physical Goods. To the extent your purchased products or services include physical goods including, for example, any hard cover books, booklets, posters, or other printed educational materials, the following shall apply to such physical goods:
  5. Shipping Information. For physical goods, we will ship your accepted order to the address you provide when making the order. Unless otherwise indicated for a specific order, you are responsible for all associated shipping & handling charges. All delivery times are estimates only and are not guaranteed, and we shall not be responsible for any delays in shipments, or for any package mishandling, package loss, or other delay or losses caused by third party mail handlers, shippers, or otherwise; you bear the risk of loss or damage during shipment. Once we transfer products to the carrier, title and risk of loss passes to you.
  6. Returns/Refunds. Unless otherwise required by applicable law or otherwise provided in an applicable purchase order or other agreement between you and the Company: For physical goods, if you, for any reason, are not satisfied with your order, you may return it for a refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same, unused condition as originally received by you. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges. We also reserve the right to charge a ten percent (10%) re-stocking fee. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and, as such, you are advised to obtain appropriate insurance.
  7. Intangible Goods. To the extent your purchased products or services include intangible goods including, for example, any electronic or downloadable books, videos, audio, software, booklets, posters, electronic educational materials, or similar intangible goods the following shall apply to such intangible goods:
  8. License. You acknowledge and agree that, with respect to intangible goods, all uses on the Website and in these Terms of the words “sell,” “buy,” “sale,” “resale,” “purchase,” and the like refer to the purchase or sale of a licenseonly. As such, all such goods and services provided hereunder are offered solely for license, and not actually for sale to you or any third party. Your use, therefore, shall be subject at all times to the terms of the following license, and you do not acquire ownership rights in and to the intellectual property rights incorporated in any purchased intangible goods: Subject to full payment of all amounts owed to the Company under this Agreement and any other agreements between you and the Company, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use such intangible goods for your personal use as intended under this Agreement. All rights in such goods not expressly granted hereunder are reserved to Company. The license granted to you hereunder is limited to a single, authorized use, and, without limitation, you agree that you shall not edit, alter, abridge or otherwise change in any manner the content of such goods, including, without limitation, all copyright and proprietary rights notices. Additionally, you shall not, and may not permit others to, as applicable, (i) reverse engineer, decompile, decode, decrypt, disassemble, or in any way derive source code from, such products; (ii) modify, translate, adapt, alter, or create derivative works from such products, except for your own personal use as intended under this Agreement; (iii) copy (except in limited amounts for your own personal use as intended under this Agreement), distribute, publicly display, transmit, sell, rent, lease, or otherwise exploit such products; or (iv) distribute, sublicense, rent, lease, loan, or grant any third party access to or use of such products or goods.
  9. Returns/Refunds. For intangible goods, unless otherwise provided in an applicable purchase order, or unless otherwise provided in any other agreement between you and the Company, all sales are final and not subject to returns or refunds.
  10. Services. To the extent your purchased products or services include services, for example, online or in-person courses, the following shall apply:
  11. Cancellation by the Company. The Company may cancel any service for any reason, including due to low enrollment, inclement weather, or speaker or facility unavailability, at any time by providing notice to you, including via email. Should the Company cancel any service, for example, any scheduled online or in-person class, the Company shall refund or credit you for the registration fee(s) for such cancelled service. In no event, however, shall the Company be responsible for, or refund you for, any incidental or other costs or expenses incurred by you, including, without limitation, travel, meal, or lodging expenses. If you are making travel arrangements for an event, we recommend that you confirm the event with us two (2) weeks prior to the scheduled date.
  12. Returns/Refunds. Subject to the terms of Section 6(a) above, unless otherwise provided in an applicable purchase order, or unless otherwise provided in any other agreement between you and the Company, all sales for services are final and not subject to returns or refunds. Your failure to attend a purchased course or use an otherwise purchased service, regardless of reason, shall not entitle you to any refund or credit, nor shall the Company be liable for any incidental or other costs or expenses incurred by you, including, without limitation, travel, meal, or lodging expenses.
  13. Privacy Policy and Website Terms of Use. Please review our Acceptable Use Policy ([URL]), Privacy Policy ([URL]), and Website Terms of Use ([URL]). The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Website. The Website Terms of Use and Acceptable Use Policy contain additional terms governing your use of our Website, products, and services.
  14. Representations & Warranties; Disclaimers; Limitations on Liability.
  15. Buyer’s Representations and Warranties. You represent and warrant to us as follows: (i) that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate these Terms or any applicable law or third party right of any kind; and (iii) that you are buying products or services from the Website solely for your own personal use, and not for any commercial purpose, resale, or export.
  16. Company’s Disclaimers. EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HERERIN (IF ANY), YOU ACKNOWLEDGE AND AGREE THAT WE ARE PROVIDING THE PRODUCTS, SERVICES, AND ANY ACCOMPANYING DOCUMENTATION TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY OTHER EXPRESS OR IMPLIED WARRANTIES OF ANY KIND (AND REGARDLESS OF BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY: (I) WARRANTY OF MERCHANTABILITY; (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (III) WARRANTY OF TITLE; OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. TO THE EXTENT THE COMPANY BREACHES ANY EXPRESS WARRANTY TO YOU PROVIDED FOR HEREIN (IF ANY), YOUR  EXCLUSIVE REMEDY FOR SUCH BREACH IS REPERFORMANCE OR REPLACEMENT OF THE NON-CONFORMING PRODUCT OR SERVICE, OR IF REPERFORMANCE OR REPLACEMENT IS NOT POSSIBLE OR CONFORMING, REFUND OF AMOUNTS PAID UNDER THIS AGREEMENT FOR SUCH NON-CONFORMING PRODUCT OR SERVICE.

ADDITIONALLY, UNLESS OTHERWISE EXPRESSLY PROVIDED ON THE WEBSITE OR WITH RESPECT TO A PARTICULAR PRODUCT OR SERVICE, OUR PRODUCTS AND SERVICES, INCLUDING OUR ONLINE AND IN-PERSON CLASSES, INSTRUCTIONS, CONFERENCES, SEMINARS, DEMONSTRATIONS AND SIMILAR EVENTS, ARE INTENDED FOR THE EDUCATION OF VETERINARY PROFESSIONALS AND/OR VETERINARY STUDENTS ONLY (AS APPLICABLE), AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL VETERINARY ADVICE WITH RESPECT TO ANY VETERINARY DIAGNOSIS, SERVICE, OR TREATMENT. THE CONTENT, PRODUCTS, AND SERVICS PROVIDED ARE SIMPLY THE INTERPRETATIONS OF, AS APPLICABLE, THE COMPANY AND/OR THE COMPANY’S PRESENTERS AND CONTRIBUTORS. WHILE THE COMPANY STRIVES TO PROVIDE ACCURATE AND UP TO DATE EDUCATIONAL CONTENT, PRODUCTS, AND SERVICES, VETERINARY REGULATIONS, GUIDELINES, AND INDUSTRY BEST PRACTICES ARE SUBJECT TO CHANGE, AND SOME MATERIALS MAY BECOME OUTDATED. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE INFORMATION PROVIDED IN OR WITH ANY PRODUCT OR SERVICE, INCLUDING ANY ONLINE OR IN-PERSON CLASS, INSTRUCTION, CONFERENCE, SEMINAR, DEMONSTRATION OR SIMILAR EVENT,  IS CURRENT, COMPLETE, OR COMPLIANT WITH THE LATEST VETERINARY GUIDELINES OR LAWS. IT IS YOUR RESPONSIBILITY TO VERIFY THE ACCURACY, APPLICABILITY, AND COMPLIANCE OF ANY INFORMATION BEFORE RELYING ON IT; IT IS ALSO YOUR SOLE RESPONSIBILITY TO COMPLY WITH LOCAL, STATE, AND FEDERAL LAWS REGARDING THE USE OF ANY MATERIALS PRESENTED AS THEY RELATE TO THE SCOPE AND TYPE OF YOUR INDIVIDUAL PRACTICE. RELIANCE ON ANY CONTENT AND ANY OTHER INFORMATION OBTAINED BY OR THROUGH THE WEBSITE OR ANY PRODUCT OR SERVICES IS SOLELY AT YOUR OWN RISK.

 

  1. Limitation Of Liability. COMPANY AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (“CURACORE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES COULD HAVE BEEN REASAONBLY FORESEEN, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY OR THROUGH THE WEBSITE. SUCH DIFFICULTIES COULD INVOLVE, AMONG OTHERS, FAILURES, DELAYS, MALFUNCTION, SOFTWARE AND DATA EROSION, OR HARDWARE DAMAGE, WHICH DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE, OR COMMUNICATION LINK INADEQUACIES, OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE COMPUTER, SYSTEM, NETWORK, ECONOMIC AND/OR DATA LOSS OR DAMAGE, AND YOU ASSUME ALL RISK OF USING THE PRODUCTS OR SERVICES. IN NO EVENT SHALL COMPANY OR ANY CURACORE PARTY BE LIABLE FOR ANY SUCH POSSIBLE LOSS, COST, OR DAMAGE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES, WHICH MIGHT OCCUR AS A RESULT OF, OR ARISING OUT OF, YOUR USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING, OR ATTEMPTING TO ACCESS ANY PRODUCT OR SERVICE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” IN NO EVENT WILL THE CURACORE PARTIES’ AGGREGATE LIABILITY ARISING OUT OF ANY CLAIMS RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH CLAIM(S). IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE CURACORE PARTIES LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COMPANY AND THE OTHER CURACORE PARTIES FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, OR COST (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST COMPANY OR ANY OTHER CURACORE PARTY RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.
  2. Licensure requirements. You acknowledge and agree that the Company is in the business of providing educational services only; purchase of any product, or participation in any services, including, without limitation, participation in any online or in-person class, instruction, conference, seminar, demonstration or similar event, does not grant any veterinary practice rights to you. Licensing and practice rights are subject to the rules, laws, regulations, and governing bodies of your home jurisdiction. Any veterinary recommendations contained on the Website, or in any product or service, are intended to provide general educational guidance only. Notwithstanding the foregoing, the Company reserves the right to require, as a condition of registration and/or participation in any service, including, without limitation, participation in any online or in-person class, instruction, conference, seminar, demonstration, or similar event, that you provide proof of veterinary license, enrollment in a veterinary school (including, if applicable, by providing a letter of verification from your dean’s office), or other applicable qualifications relevant to each such service, in the Company’s sole discretion. By registering for or participating in any course, instruction, conference, seminar, demonstration or similar event, you affirm that all information provided during registration is accurate and complete. We reserve the right to verify the accuracy of any information submitted, and we may share such information with third parties, including continued education associations such as AAVSB RACE, licensing entities, and/or veterinary schools for continued education and/or verification purposes. If we determine, in our sole discretion, that false, misleading, or incomplete information has been provided, or that a participant does not meet the eligibility criteria for a course, instruction, conference, seminar, demonstration or similar event, we may suspend or terminate the participant’s account and/or cancel registration without refund and/or subject to a twenty percent (20%) processing fee. TO THE EXTENT WE SHARE ANY APPLICABLE INFORMATION WITH AAVSB RACE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND WE EXPRESSLY DISCLAIM ANY LIABILITY ARISING FROM, THE HANDLING, STORAGE, ACCURACY, OR USE OF PARTICIPANT INFORMATION BY THE AAVSB OR ITS RACETRACK® SYSTEM. Once attendee information is submitted to the AAVSB, it falls under their privacy, data management, and security policies.
  3. Continued Education. For in-person or online courses, seminars, demonstrations, or similar events that may qualify for continued education credits, certificates, or certification, to receive such credits, certificates, or certification you may be required to attend the entirety of such course, seminar, demonstration, or similar event, and we reserve the right to verify such attendance. Participants who arrive late, leave early, or otherwise do not fully complete a full course, seminar, demonstration, or similar event may not receive continued education credit, certificates, or certification. Notwithstanding the foregoing, we cannot guarantee your satisfactory completion of any continued education (“CE”) course or that you will be granted CE credit for having completed a course. It is your responsibility to verify and track your CE completion status and eligibility for credit in your jurisdiction(s). It is also your responsibility to verify that any CE course completed through any service qualifies for CE credit in your jurisdiction(s).
  4. Event Code of Conduct. All registrants or participants in any in-person or online courses, seminars, demonstrations, or similar events (“Events”) hosted by the Company, by virtue of their registration, agree to abide by the Company’s Code of Conduct detailed in this Section (the “Code of Conduct”), including all updates, additions, and modifications the Company may make to the Code of Conduct from time to time, whether verbal or in writing. Speaker or presenter presentations and all Company products, content, and services are protected by copyrights. Recording, photography, and videography by any unauthorized person is strictly prohibited. The Company is dedicated to providing a harassment-free experience for all attendees, presenters, and participants of all Events hosted by the Company, regardless of gender, gender identity and expression, age, sexual orientation, disability, physical appearance, body size, race, ethnicity, religion (or lack thereof), or technology choices. The Company does not and will not tolerate harassment of Event attendees, presenters, or participants in any form, whether physical, verbal, or in digital or printed materials. Any person found to be violating this Code of Conduct or any other Event conduct rules instituted by the Company from time to time may be expelled from the applicable Event without a refund, and/or refused attendance at future Events, at the sole and absolute discretion of the Company, and potentially subject to other legal recourse.
  5. Photo and Video Release. Through your registration and/or attendance at any Company Event, you expressly acknowledge and agree that you may be photographed or recorded during the Event. The Company reserves the right to use any photograph or video taken at any Company Event without the express written permission of those included in the photograph or video, including you. The Company may use photographs or videos for promotional purposes in publications or other media including, without limitation, brochures, invitations, books, newspapers, magazines, websites, and television.
  6. Copyright. As may be noted elsewhere in these Terms and our other policies, all presentations, demonstrations, and other content presented at all Events (as defined above) and/or on our Website are protected by copyright, and any recording, photography, and videography by you or any other person without our express written consent is strictly prohibited.
  7. Permission for Communication. You agree that when you provide us with your e-mail address, phone number, or other personally identifying information, you consent to receive communications from us in telephone, text, or other electronic formats, including with respect to Events you have registered for, or in regards to your orders or purchases.
  8. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to, or shall, confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  9. Force Majeure. The Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including, without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  10. Assignment. The Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
  11. Partial Invalidity. In the event that any part or portion of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  12. Governing Law/Binding Arbitration.
  13. Governing Law. These Terms shall be governed by the laws of the State of Colorado, without regard to its conflict of laws principles.
  14. Binding Arbitration. SUBJECT TO SUBSECTION (C) BELOW AND ALL APPLICABLE LAWS, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO LITIGATE ANY CLAIMS THAT MAY ARISE HEREUNDER IN COURT OR BEFORE A JURY. INSTEAD, ANY CLAIM, DISPUTE, OR CONTROVERSY OF ANY KIND OR NATURE ARISING HEREUNDER WHICH CANNOT BE AMICABLY RESOLVED BY YOU AND US SHALL BE SOLELY AND FINALLY SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION SHALL TAKE PLACE BEFORE ONE ARBITRATOR SITTING IN DENVER COUNTY, COLORADO. THE LANGUAGE OF THE ARBITRATION SHALL BE ENGLISH. THE ARBITRATOR WILL BE BOUND TO ADJUDICATE ALL DISPUTES IN ACCORDANCE WITH THE LAWS OF THE STATE OF COLORADO. THE DECISION OF THE ARBITRATOR SHALL BE IN WRITING WITH WRITTEN FINDINGS OF FACT AND SHALL BE FINAL AND BINDING ON THE PARTIES. THE PARTIES SHALL BEAR EQUALLY THE COST OF THE ARBITRATION, EXCEPT THAT THE PREVAILING PARTY SHALL BE ENTITLED TO AN AWARD OF REASONABLE ATTORNEYS’ FEES INCURRED IN CONNECTION WITH THE ARBITRATION IN SUCH AN AMOUNT AS MAY BE DETERMINED BY THE ARBITRATOR. THIS SECTION PROVIDES YOUR SOLE RECOURSE FOR THE SETTLEMENT OF ANY DISPUTES ARISING OUT OF, IN CONNECTION WITH, OR RELATED TO THESE TERMS. IF ANY PROVISION OF THIS CLAUSE IS FOUND TO BE UNENFORCEABLE, SUCH UNENFORCEABLE PROVISION WILL BE REMOVED AND THE REMAINING TERMS WILL BE ENFORCED.
  15. Small-Claims Option. Notwithstanding subsection (b) above, (i) you may seek to resolve a dispute in small claims court if it qualifies; and (ii) we retain the right to seek injunctive relief, security, or other equitable remedies at any time in any court of competent jurisdiction, without any requirement for the posting of a bond or other security.
  16. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
  17. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email, with confirmation of receipt, at info@CuraCore.org; or (ii) personal delivery, overnight courier, or registered or certified mail to:

CURACORE VET, PLLC
905 S Summit View Dr.
Fort Collins, CO, 80524, US

 

  1. Interpretation. As used in these Terms, the masculine, feminine, or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates or requires.
  2. Rights Cumulative. Our rights and remedies set forth in this Agreement shall be cumulative and in addition to any rights or remedies available under any other agreement between you and us, at law, and/or in equity.
  3. Entire Agreement. These Terms, along with, as applicable and if any, (i) any confirmation page or email referenced in Section 2 above, (ii) any instructions that we provide you with relating to any product or service you obtain from us through the Website (including, without limitation, any license agreement), (iii) any terms and conditions that may be provided in connection with any promotion or other sale, and (iv) our Website’s Terms of Use, Acceptable Use, Privacy Policy, and any other applicable policies, shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.