Terms and Conditions

ASHA WALKER WELLNESS, LLC (“Company” or “We”) By accessing and/or using the cured. mobile application (the "App"), you agree to be bound by these Terms and Conditions outlined below (the "Terms"). Please read them carefully.

1. Acceptance of Terms

This Agreement constitutes a legally binding agreement between each individual who utilizes the App or any affiliated websites and/or social media belonging to Company (“Consumer”). If you are a Consumer and/or utilize the App and any offers and/or services provided through the App, including but not limited to Company’s websites and social media, YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY All OF ITS TERMS.

2. Changes to Terms

Company may at its discretion modify, update, add to, discontinue, remove or otherwise change the Terms of this Agreement at any time. Each such modification will take immediate effect. Company may provide you with notices, including those regarding changes to these terms, by website, email, regular mail, text message, in-app messaging, or other reasonable means now known or hereinafter developed.

Your continued use of the App and its resources following any such notifications constitutes your acceptance of any and all modifications and your agreement to continue to be bound by the updated Terms of this Agreement. If you do not agree to any modification of these Terms in this Agreement, your sole remedy is to cease use of the App. The most current version of these Terms within this Agreement will be accessible through the App and supersedes any and all previous versions.

3. Eligibility

You must be at least 18 years old to use this App. Your continued use of this App demonstrates your representation and warranty that you are at least 18 years old. THE APP IS INTENDED FOR USERS WHO ARE AT LEAST 13 YEARS OF AGE. ALL USERS WHO ARE MINORS IN THE JURISDICTION IN WHICH THEY RESIDE (GENERALLY UNDER THE AGE OF 18) MUST HAVE THE PERMISSION FROM AND BE DIRECTLY SUPERVISED BY, THEIR PARENT OR GUARDIAN TO USE THE APP. IF YOU ARE A MINOR, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ AND AGREE TO THESE TERMS OF USE PRIOR TO YOU USING THE WEBSITE.

4. User Accounts

4.1. Registration: To access certain features of the App, you must create an account. In creating your account, you agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and complete.

4.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

5. Health Information

5.1. General Information: The App provides general health and wellness information and tools. This information is not intended to diagnose, treat, or prevent any disease and should not be considered a substitute for professional medical advice. Any reliance on information, recommendation, or programs provided in the App is at Consumer’s own risk. Company is in no way responsible for any injuries or damages caused by the use of the App and Company in no way guarantees any results.

5.2. Consultation with Professionals: Always seek the advice of a healthcare professional with any questions you may have regarding a medical condition or treatment. Never disregard professional medical advice or delay seeking it because of something you have read on the App.

6. Intellectual Property

All right, title and interest in any of the original content created by Company, including but not limited to all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the App, belong to Company or its licensors. Additionally, Company shall maintain all right, title and interest in the “cured.”, logo and any other marks, service marks, trademarks or logos of Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company or implies a partnership, sponsorship, or endorsement by Company. You shall not by any means bid on any keywords with any search engine containing Company Marks or anything substantially similar to any of Company’s Marks. You shall not mention or use Company in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by Company that are used on the App are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Company.

The Content and the Trademarks are provided within the App “AS IS” for your information and personal use only. Except as expressly provided in this Agreement, no part of the App and nothing contained within may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

7. User Content

7.1 During your use of the App and its services you may be invited to contribute and or participate with the App or other users and/or provide user-generated content, (“Contributions”). Such Contributions may be viewable and/or accessible by other users of the App and/or third-party websites therefore any Content you contribute will be considered non-confidential and non-proprietary.

7.2 When creating or providing Contributions to the App, you expressly represent and warrant:

• 7.2(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• 7.2(b) You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and the terms of this Agreement.
• 7.2(c) You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and the terms of this Agreement.
• 7.2(d) Your Contributions are not false, inaccurate, or misleading.
• 7.2(e) Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• 7.2(f) Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Company).
• 7.2(g) Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• 7.2(h) Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
• 7.2(i) Your Contributions do not violate any applicable law, regulation, or rule.
• 7.2(j) Your Contributions do not violate the privacy or publicity rights of any third party.
• 7.2(k) Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• 7.2(l) Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
• 7.2(m) Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• 7.2(n) Your Contributions do not otherwise violate, or link to material that violates, any provision of these terms within this Agreement, or any applicable law or regulation.

Any violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights and ability to utilize the App.

7.2. License: By posting content on the App, you grant Company a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content for the purpose of operating and promoting the App.

8. Prohibited Activities

8.1 You agree not to:

• Use the App for any illegal or unauthorized purpose;
• Interfere with or disrupt the App's operation or servers;
• Attempt to gain unauthorized access to any part of the App or other users' accounts;
• Use the App to harass, abuse, or harm others;
• Use the App as or utilizing any automated or non-human means, including bots, scripts or otherwise;
• Use the App to violate any applicable law, regulation, or ordinance.

8.2 You expressly agree to use the App for any purpose other than that for which it was created.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, STATUTORY, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR ANY LOSS PROFITS, LOSS DATA OR LOSS OF USE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE COMPANY’S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT WILL NOT EXCEED FIFTY U.S. DOLLARS ($50) OR THE MAXIMUM CASH BACK AMOUNT YOU RECEIVED IN THE LAST FOUR YEARS FROM THE DATE OF ACCEPTANCE OF THESE TERMS, WHICHEVER IS GREATER. THIS LIMITATION SHALL APPLY TO ANY AND ALL LIABILITIES OR CAUSES OF ACTION HOWEVER ALLEGED OR ARISING, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, BREACH OF CONTRACT, OR ANY OTHER CLAIM WHETHER IN TORT, CONTRACT, OR EQUITY.

For clarity, to the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits or data, arising from or related to your use of the App.

10. Disclaimers

The program, content and the company properties are provided “AS-IS” and without warranty of any kind, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose or non-infringement. We make no warranty as to the quality, accuracy, completeness, reliability or validity of the programs, Content or the company properties, including, without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, reviews or other information displayed, uploaded or distributed in connection with any program. Company does not warrant that the functionality of the company properties will be uninterrupted or error-free, that defects will be corrected, or that they will be free of viruses or other harmful components. Further, Company does not warrant, guarantee or make any representations regarding the quality or accuracy of advertisements for any products or services offered or provided by its affiliate stores in conjunction with the programs.

11. Termination

This Agreement is effective when accepted by you and will remain in effect until you or we terminate your Account. You may terminate your Account by accessing your Account’s Privacy Preferences. We may terminate this Agreement, your Account, and your use of or access to the App at any time, for any reason or no reason, including any violation of any Terms listed or not listed. Any violation of this Agreement or the rules and conditions of the Program may result in the termination of your Account and forfeiture of funds paid. Company may, in our sole discretion, at any time and without prior notice, discontinue, cancel, suspend, change or limit access to all or any part of the App or any functionality, feature or other component of any Company Property. You agree that Company will not be liable to you or to any third party for any modification, suspension, or termination of the App or your access to any of the Company Properties. If you are dissatisfied with any aspect of the App at any time, your sole and exclusive remedy is to cease participating in the App by terminating your Account by accessing your Account’s Privacy Preferences. Upon any termination of the App, your right to use and access the App, and the Company Properties, and to receive any benefits of the App, will terminate. Termination will not prejudice either you or our remedies at law or in equity.

12. Governing Law

The validity, construction and interpretation of this Agreement and the relationship between You and Company, including the rights and duties of the parties, will be governed by the laws of the State of Florida in the United States without regard to its conflict of law provisions. This shall not limit the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of applicable law. The exclusive venue for any dispute or issue arising out of this Agreement shall be held in Palm Beach County, Florida.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at:

Asha Walker Wellness, LLC
asha@ashwalkerwellness.com

14. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

14.1 Company respects the intellectual property rights of others. Per the DMCA, Company and/or its agents will respond expeditiously to claims of copyright infringement within the App if submitted to Company’s Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

If you believe that your intellectual property rights have been violated by Company or by a third party who has uploaded materials to our App, please provide the following information to the designated Copyright Agent listed below:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not Company, can contact you;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
• Your electronic or physical signature.

Company may request additional information before removing any allegedly infringing material. In the event Company removes the allegedly infringing materials, Company will immediately notify the person responsible for posting such materials that Company removed or disabled access to the materials. Company may also provide the responsible person with your email address so that the person may respond to your allegations.

Pursuant to 17 U.S.C. 512(c). Company’s designated Copyright Agent is:

Asha Walker
Asha@ashawalkerwellness.com

14. PRIVACY POLICY

14.1 Company takes data privacy and security very seriously. Please review our Privacy Policy: By using the App, you agree to be bound by our Privacy Policy, which is hereby incorporated into this Agreement. Please be advised the App is hosted in the United States of America. If you access the App from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through your continued use of the App, you are transferring your data to the United States of America, and you agree to have your data transferred to and processed in the United States of America. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the App as quickly as is reasonably practical.

15. Miscellaneous

15.1. Entire Agreement: These Terms constitute the entire agreement between you and Company regarding your use of the App and supersede all prior agreements and understandings.

15.2. Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

15.3. Waiver: The failure of [Your Company Name] to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.