Last Updated: August 24, 2024
Welcome to The Curated Clutch! These Terms of Service ("Terms") govern your use of our website https://thecuratedclutch.com ("the Site"). By accessing or using our Site, you agree to comply with and be bound by these Terms. If you do not agree with these Terms, please do not use our Site.
1. Use of the Site
- Eligibility: You must be at least 13 years old to use our Site. By using the Site, you represent and warrant that you meet this eligibility requirement.
- Account Registration: You may be required to create an account to access certain features of the Site. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
- Prohibited Conduct: You agree not to use the Site for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Site. This includes, but is not limited to, transmitting any malware, engaging in unauthorized scraping or data mining, or infringing on the intellectual property rights of others.
2. Intellectual Property Rights
- Ownership: The content, design, graphics, and other materials on the Site, including the "The Curated Clutch" name and logo, are the property of The Curated Clutch or its licensors and are protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content on the Site without our express written permission.
- User-Generated Content: If you submit or post content on the Site, such as comments or reviews, you grant The Curated Clutch a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, reproduce, and distribute your content in connection with the operation of the Site.
3. Affiliate Disclosure
The Curated Clutch participates in affiliate marketing programs, which means we may earn commissions on purchases made through links on the Site. These commissions help support the content and operation of the Site. We are not responsible for the content, policies, or actions of third-party websites or products linked to on our Site.
4. Disclaimer of Warranties
The Site and all content, products, and services provided through it are offered on an "as-is" and "as-available" basis. The Curated Clutch makes no warranties, express or implied, regarding the Site’s operation, content, or any services or products provided through it. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy.
5. Limitation of Liability
To the fullest extent permitted by law, The Curated Clutch shall not be liable for any damages arising out of or in connection with your use of the Site. This includes, but is not limited to, direct, indirect, incidental, consequential, and punitive damages, whether in an action based on contract, tort, or any other legal theory, even if we have been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify, defend, and hold harmless The Curated Clutch, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the Site or breach of these Terms.
7. Termination
We reserve the right to terminate or suspend your access to the Site, without notice or liability, for any reason, including if we believe you have violated these Terms. Upon termination, all provisions of these Terms that by their nature should survive termination shall remain in effect, including intellectual property rights, disclaimers, and limitations of liability.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in New York, New York.
This change ensures that any legal disputes would be handled under New York State law and in New York courts.
9. Changes to the Terms
We may update these Terms from time to time to reflect changes in our practices or legal requirements. We will notify you of any significant changes by posting the updated Terms on our Site with a new effective date. Your continued use of the Site after any changes to the Terms constitutes your acceptance of the new Terms.
10. Contact Information
If you have any questions or concerns about these Terms, please contact us at hello@thecuratedclutch.com.
11. Miscellaneous
- Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
- Entire Agreement: These Terms constitute the entire agreement between you and The Curated Clutch regarding your use of the Site and supersede any prior agreements or understandings, whether written or oral.