Terms and Conditions and Limited License Agreement
Last Update: April 13, 2021
Curiosity Untamed LLC may, at its sole discretion, modify or revise these Terms and Conditions at any time, and You agree to be bound by such modifications. Any modifications will be effective immediately upon posting of the modifications on the Website, and You waive any right You may have to receive specific notice of such modifications. Your continued use of the Website or Content following the posting of changes or modifications will constitute Your acceptance of such changes and modifications. Therefore, You should periodically review the Terms to understand the Terms and Conditions that apply to Your use of the Website and Content. If any portion of this Agreement or any change to the Website is unacceptable to You or will cause You to no longer be in compliance with the Agreement, You may cancel Your subscription by following the instructions in this Agreement. Continued use of the Website or Curiosity Untamed LLC Content now or following posted notices of changes in this Agreement means that You have accepted and are bound by the changes.
This Website is for informational purposes only, and we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The information on this Website does not consider Your specific circumstances and in no way constitutes legal, business, or other advice to You.
Disclaimers and Limitation on Liability
THE CURIOSITY UNTAMED LLC WEBSITE IS PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITH NO WARRANTIES OR RESPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS CONCERNING QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES FOR THIS WEBSITE, CONTENT ACCESSED THROUGH THIS WEBSITE, AND OTHER CONTENT OR WEBSITE ACCESSED THROUGH ANY LINKS ON THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. YOUR USE OF THE CURIOSITY UNTAMED LLCWEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Any business, organization or individual that uses the Curiosity Untamed name, logo, or Content is not an employee, division, branch, or department of Curiosity Untamed LLC. Volunteers, employees, and other personnel involved in Your Group or Club are not in any way volunteers, employees, or personnel of Curiosity Untamed LLC. Neither You nor Your Group, Club or anyone involved or participating therein is a partner, joint venture, or agent of Curiosity Untamed LLC. You and Curiosity Untamed LLC further agree that their relative status is that of an independent Licensee (You) and licensor (Curiosity Untamed LLC) of the Content.
Group or Club Membership Subscribers are solely responsible for selecting and directing all activities, games, field trips and instruction; for selecting, maintaining and operating all equipment, vehicles, facilities and materials used while using Content for a Group or Club; for selecting, training, and supervising all children, parents, employees, and volunteers who participate in Your Group or Club, and for child protection, including screening, selecting, training and supervising all volunteers, employees, and other personnel involved in and who plan, direct and carry out Your Group or Club. Volunteers, employees, and other personnel involved in Your Group or Club are not volunteers, employees, or personnel of Curiosity Untamed LLC, but are solely volunteers, employees and personnel of the Group or Club Membership Subscriber. This provision survives any expiration or termination of this Agreement.
Knowing, understanding, and fully appreciating all possible risks, You hereby expressly, voluntarily and willingly assume all risks and dangers associated with Your minor child’s and/or Your use of the Curiosity Untamed LLC Website and Content.
You understand and agree that Curiosity Untamed LLC Content is NOT all-inclusive and does NOT include comprehensive training in personnel practices and procedures or child development; further, You understand and accept that the Content is provided without any warranty concerning these matters and that Curiosity Untamed LLC does not represent itself as expert in these matters. If You have any concern about the use of any of the Content provided therein, it is Your responsibly to decide whether such Content is safe and appropriate for Your activities.
If You are a business or non-profit organization, You and the person accepting this agreement hereto on Your behalf represent that each of You have the legal right and authorization to enter into this Agreement on behalf of said business or organization. No profit may be made using the Curiosity Untamed name, logos, or Content. Any monies earned or paid by participants in a Group or Club using Curiosity Untamed LLC Content must be used solely for the benefit of the participants of the Group or Club.
Limitation of Liability; Exclusive Remedy.
We limit our liability by the maximum amount permissible under applicable law. In particular, We shall not be liable for any damages that We cause unintentionally and We shall not be liable to You for any actual, incidental, indirect or consequential loss or damage howsoever caused, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law. If You are dissatisfied with any portion of the Website, Content, or Service, or with any clause of these terms, as Your sole and exclusive remedy You may discontinue using the Website, Service and Content.
You shall indemnify, defend, and hold harmless Curiosity Untamed LLC, its owners, employees, agents, officers, directors, successors, and assigns, from and against any and all claims, damages, losses, liabilities, or injuries arising out of or related to the use of the Curiosity Untamed Website, Service, or Content, or any breach of this Agreement. This includes, without limitation, claims by You, Your members, employees, agents, officers, or directors, and any of the leaders, participants, and volunteers of Your Curiosity Untamed Group or Club as well as any other persons or entities bringing claims. This provision will survive the termination of this Agreement.
Third Party Services. Curiosity Untamed LLC may, from time to time, provide opportunities to Users of the Website to visit Website from third parties. Website of those third parties are subject to terms and conditions different from those found here and it is Your responsibility to ensure that You have read and understood them. Curiosity Untamed LLC makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third-party provider and not from Curiosity Untamed LLC.
Curiosity Untamed LLC grants You a non-exclusive, non-transferable, revocable, limited License to access the Curiosity Untamed LLC Website, for Your personal use or the use of Your youth or adult programming (“License”). Curiosity Untamed LLC, in its sole discretion, may terminate Your License at any time, for any reason, and without any notice. We shall not be liable to You or any third-party for any termination of Your access to this Website. You agree not to attempt to use or access this Website after termination.
You may not remove or alter copyright or other proprietary notices displayed on this Website or Content from this Website; or access or use any Curiosity Untamed LLC trademarks or Content in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services, or brands. By acquiring services or Content through the Curiosity Untamed LLC Website, You represent and warrant that Your access to and use of the Website and Content will comply with those requirements.
You may access the Website, use the graphics, information, data, editorial and other Content only for personal use. The Content may be printed or downloaded onto mobile devices or desktops for personal use only. When printed or downloaded, the Content remains subject to the limited use License contained in this Agreement. Content restricted to paid subscriptions may only be used if a subscription is current. If a subscription expires, all use of Content must cease, and any downloaded or printed copies of Content must be destroyed.
You agree that all copyrights, trademarks, trade names, trade dress, service marks and similar intellectual property rights in and to the Content provided by Curiosity Untamed LLC under this Agreement, including the Curiosity Untamed name are the property of Curiosity Untamed LLC and are owned solely and exclusively by Curiosity Untamed LLC. You agree that You will not sell for profit, reproduce, or use the Content in the production or sale of proprietary materials. You agree that You will not modify the Content in any way.
The words “Curiosity Untamed” and the Curiosity Untamed LLC logo may be used by subscribed Users with a currently paid membership on promotional materials and websites for the sole purpose of promoting the Curiosity Untamed program. You may not sell any item with the Curiosity Untamed LLC logo or name on it. Curiosity Untamed LLC Groups and Clubs may use the Curiosity Untamed LLC name and logo on fundraising signage only if their Group or Club membership payment is current. Signage must include the Group or Club name as well as the following statement:
“Curiosity Untamed LLC does not sponsor or endorse this fundraiser. Fundraising efforts are to support (name of group/club) only.”
Curiosity Untamed LLC reserves the right to revoke and terminate any trademark agreement at its discretion. Upon such revocation, the User must immediately cease any and all usage of the Curiosity Untamed LLC name, logo and trademarks.
NO CONTRACT MAY BE ENTERED INTO USING THE CURIOSITY UNTAMED NAME FOR ANY REASON.
Violation of this License may result in immediate termination of Your membership and may result in legal action against You.
Description of the Service
Curiosity Untamed LLC provides online educational materials and information (Content) on a free or subscription basis and sells physical products through an online store. Part of the Content includes Website graphics, information, data, links, editorial and other Content accessible by Users. Information on any Curiosity Untamed LLC Website is provided with the understanding that Curiosity Untamed LLC is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet Your individual needs.
All Content is owned, Licensed to and/or copyrighted by Curiosity Untamed LLC and may be used only in accordance with License. The Content (inclusive of the Website) is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.
Memberships: A Website subscription available to individuals and organizations for access to various parts of the Website as well as a Limited License to use our name and logo.
Curiosity Untamed LLC Store: This is the e-commerce section of the Web site offered for organizations and individuals to order physical supplies.
E-mail Newsletters: There may be opportunities to subscribe to one or more e-mail newsletters. If You decide You no longer wish to receive one or more newsletters, an unsubscribe feature is available for each newsletter.
Social Media: There may be one or more social media sites moderated Curiosity Untamed LLC. Messages or posts that do not meet the stated guidelines may be removed. Curiosity Untamed LLC reserves the right to remove any message or post at any time for any reason.
Links to Other Website: The Website may contain links to third party Website. The links are provided solely as a convenience to You. By linking to these Website, Curiosity Untamed LLC does not create or have an affiliation with or sponsor such third-party Website. Curiosity Untamed LLC does not review all sites that may be linked directly or indirectly to the Website. The inclusion of links within the Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party Website. Curiosity Untamed LLC has no control over the legal documents and privacy practices of third-party Website and is not responsible for objectionable Content that may be on other Website. Your access to and use of any such third-party Website is at Your own risk. If You find a linked site that contains objectionable material, is outdated or does not operate, please send a message to firstname.lastname@example.org.
You must be 18 years or older to register or subscribe to the Website. If You allow a minor child to use our Website and Content, You must be the legal parent or guardian of that child. You must provide Curiosity Untamed LLC with accurate, complete, and up-to-date registration information. Failure to do so will constitute a breach of this Agreement. As part of the registration process, You will select a username and password. You understand that You may not (i) select or use a name of another person with the intent to impersonate that person; (ii) use the rights of any person without authorization; or (iii) use a name that we, in our sole discretion, deem inappropriate. You are responsible for all usage or activity on the Website via Your account. Distribution of Your password to others for access to the Website is expressly prohibited. You will never be required to reveal Your password to any representative or agent of Curiosity Untamed LLC, its owners, or agents. You must notify us by regular mail at 20845 Gregory Lane, Redding, CA 96003 or by e-mail at email@example.com of any known or suspected unauthorized use(s) of Your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your password or billing information.
Curiosity Untamed LLC may, in its sole discretion, delete or deactivate Your account or otherwise terminate Your access to or use of the Website, or any part thereof, immediately and without notice, and remove and discard any Content posted by You or contained within Your account, for any reason.
Passwords and Security
Your username and password are personal to You and non-transferable. You are responsible for taking reasonable steps to maintain the confidentiality of Your username and password, and You are responsible for all activities under Your account that You can reasonably control. You agree to promptly notify us of any unauthorized use of Your username, password, or other account information, or of any other breach of security that You become aware of involving the Curiosity Untamed LLC Website.
Acceptable Use of Website
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding Your use of the Website and any submissions to Curiosity Untamed LLC. You may not use the Website in any manner that would be defamatory to Curiosity Untamed LLC or that would interfere with any other party’s use and enjoyment of the Website. You agree not to post, submit, or otherwise make available Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; impersonates any person or entity or falsely states or otherwise misrepresents Your affiliation with a person or entity; includes personal or identifying information about another person without that person’s explicit consent; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that You do not have a right to make available under any law or under contractual or fiduciary relationships; or employs misleading names, email addresses, other contact information, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content.
You agree not to contact anyone who has asked not to be contacted or make unsolicited contact with anyone for any commercial purpose; collect personal data about other Users for commercial or unlawful purposes. You agree never to transmit or attempt to transmit any detrimental data or programs to the server hosting the Website. You agree not to decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in this Website. You agree not to use the Website in any manner that could damage, disable, overburden, or impair the Website. Damage caused by You to the Website or any of its Licensees may subject You to both civil and criminal penalties. You may not access the Website through unauthorized means or obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
You may not, and may not authorize any party, to: (i) co-brand the Website; (ii) frame the Website; or (iii) hyper-link to Content accessed through use of a login name and password without the express prior written permission of an authorized representative of Curiosity Untamed LLC. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or Content accessible within the Website. You agree to cooperate with Curiosity Untamed LLC in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
You understand that all submissions posted to this Website, or to social media moderated by Curiosity Untamed LLC, is the sole responsibility of the individual who submitted the content. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such content. You also understand that all opinions expressed by users of this Website are expressed strictly in their individual capacities, and not as a representative of Website, its owner, or any of sponsors or partners. Your interactions with other users are solely between You and such other users and at Your own risk. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. In the event of a dispute between You and other users, You and the other users are solely responsible to resolve the dispute, and You hereby release us and our directors, officers, employees, volunteers, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and this Website.
Notifications of claimed copyright infringement and counter notices must be sent to:
Curiosity Untamed LLC
20845 Gregory Ln
Redding, CA 96003
We are only able to accept notices in the English language.
If You believe that material residing on this Website or any other website, system, or network controlled or operated by us infringes a copyright, please provide a notification of infringement to the Agent. To be effective, the notification must include the following:
(a) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(d) a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(e) Your mailing address, telephone number, and e-mail address; and
(f) Your physical or electronic signature of the notification of infringement.
Rules of Conduct
Before using the Content, You agree to comply with all applicable laws and refrain from infringing any third-party rights or interests (for example, privacy and intellectual property rights). In addition, the following policies are part of this Agreement and must be followed anytime You access the Website, use the Content or use the Curiosity Untamed name or logo. Curiosity Untamed LLC reserves the right to change these policies from time to time and the changes take effect when we post them on the Website:
When using the Curiosity Untamed name, logo, or Content:
- You may not participate in any activity or discussion involving sex, gender or pro-life/pro-choice while representing Yourself or Your minor child as a Curiosity Untamed or Quest Club Member. This includes, but is not limited to parades, protests, rallies, phone calls, or public support or opposition for any piece of legislation, or public support or opposition to any political candidate.
- You may not participate in any political activity or activity or discussion while representing Yourself or Your minor child as a Curiosity Untamed or Quest Club Member. This includes, but is not limited to protests, rallies, phone calls, or public support or opposition for any piece of legislation, or public support or opposition to any political candidate.
- No smoking, drugs or alcohol in the presence of minors while using Content.
This list is not exclusive. Curiosity Untamed LLC prohibits Users from engaging in any activity that Curiosity Untamed LLC, in its sole discretion, determines is divisive, offensive, interferes with the rights of others, or causes harm to any person, including to Curiosity Untamed LLC and its employees. Violation of, or acting inconsistently with, the letter or spirit of our rules may result in various consequences and at our sole discretion, including, without limitation, suspension, cancellation, or termination of the accounts of the offending Users, and such violation may result in the forfeiture of any and all fees that the User has already paid to be a subscriber of the Website or any other fee. The preceding sentence shall not in any way limit any other remedy, legal, equitable or otherwise, that Curiosity Untamed LLC may have or pursue.
Subscription Terms, Fees and Payments
Users of the Website may be unregistered visitors, registered guests, or paying subscribers. The different payment options and services offered for the different levels will be published on the Website or at the time a subscription or other service is offered or renewed. The terms and conditions applying to such subscriptions or other services will be incorporated into this Agreement.
Subscriptions are automatically renewing unless stopped. This means that once You become a subscribing member, Your subscription will be automatically renewed and Your billing choice will be charged based on the subscription You have chosen unless You opt out or cancel by following the instructions in this Agreement. The renewal of the subscription takes place subject to the terms in force on the date of renewal.
Opting Out of Automatic Renewal.
You may opt out of renewing Your subscription by visiting the Account page on the Website, selecting Subscriptions, and then Stop, or by emailing firstname.lastname@example.org. A refund minus fees will be granted if requested within thirty days of the paid renewal. For all renewals of subscriptions, if You cancel Your subscription but are not eligible for a refund, You will retain access to the Website until Your subscription expires. All refunds will be given to the original credit card or Paypal account on which the purchase was made. Please allow a reasonable time for the refund to reach You or be charged back to Your account. Fees resulting from a payment dispute or chargeback will not be refunded.
Cancellations and Refunds.
For all initial purchases of subscriptions, You may cancel during the first 30 days and receive a full refund minus fees. If the cancellation occurs after the first 30 days, You will not receive a refund. All refunds will be given to the original credit card or Paypal account on which the purchase was made. Please allow a reasonable time for the refund to reach You or be charged back to Your account. Fees resulting from a payment dispute or chargeback will not be refunded.
Communications Between Curiosity Untamed LLC and You
All communications to You for the purpose of informing You of changes or additions to the Website, Content or Service, or of any related products and services will be via email. It is Your sole responsibility to ensure that Your listed email remains current and that Curiosity Untamed LLC emails do not end up in Your spam folder.
If a dispute arises between You and Curiosity Untamed LLC, our goal is to provide You a neutral and cost-effective means of resolving the dispute quickly. To that end, You agree to first contact Curiosity Untamed LLC Customer Support at 1-530-524-8799 or Kerry@curiosityuntamed.com to describe the problem and seek a resolution. If that does not resolve the issue, then You and Curiosity Untamed LLC agree to the following methods to resolve any dispute or claim.
The Parties to this Agreement agree that any claim or dispute arising from or related to this Agreement shall be governed and controlled by California law without regard to its conflict of laws provisions, and that this Agreement was entered into in Shasta County, Redding, California. The Parties agree that in the event of a dispute, they must make good faith efforts within the first 45 days of providing written notice of such dispute to resolve the dispute through mediation in Redding, California. The mediation can be conducted by any reputable mediator in the Redding, California area, and the Parties shall share equally in the cost of the selected mediator. The Parties understand that this process shall be the sole remedy of any controversy or claim arising out of this Agreement and expressly waive their right to file a lawsuit in any civil court against one another for such disputes.
Photograph, Video, Film or Vocal Recording Media Release
You authorize the release of any photographs, video, film, or vocal recording submitted to Curiosity Untamed LLC by You, Your Group or Club leader, or other Members based on the following conditions:
- These records become the property of Curiosity Untamed LLC.
- This release is given without promise or expectation of compensation.
- You, and Your minor child, do release to Curiosity Untamed LLC any right, title and/or interest of any kind they may have in the records produced. You hereby grant to Curiosity Untamed LLC the right and authority to photograph, video, film and/or record vocally.
- All records may be used for promotional or publicity purposes and may be published in mass media publications, in Curiosity Untamed LL publications, on the Curiosity Untamed LLC Website, or shown on television, movie, or Internet presentations. You and Your minor child’s last name may be used.
- This release is effective until revoked in writing by You. Such revocation shall only be effective to prevent any expanded future use of the records.
User Comments, Feedback, Submission, and Postings
All comments, feedback, submissions, photos, videos, or other information communicated to Curiosity Untamed LLC through their Website, email, forums, social media, print or other electronic means (collectively, the “Submission”) will forever be the property of Curiosity Untamed. Curiosity Untamed LLC will not be required to treat any Submission as confidential and will not be liable for any ideas for its business (including without limitation, product, program, or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Curiosity Untamed LLC business. Curiosity Untamed LLC will be entitled to use the Submission for any noncommercial, commercial, or other purpose whatsoever, without compensation to You or any other person sending the Submission. You acknowledge that You own whatever material You submit and use of Your Submission to Curiosity Untamed LLC will not infringe or violate the rights of any third party.
To the best of Our knowledge any materials or intellectual property created are original and do not infringe upon the intellectual property rights of others.
We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to You and, as a result, You may not, without the written consent of Curiosity Untamed LLC, assign or transfer any of Your rights and obligations under these terms.
You acknowledge and agree that Curiosity Untamed LLC may disclose Your information if Curiosity Untamed LLC believes that it is required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or safety of the Website, Content, the Users, or the public.
In the event that any term of this Agreement is held to be invalid or unenforceable, the remainder of these terms shall remain valid and enforceable. We can replace any term which is not valid and enforceable with a term of similar meaning which is valid and enforceable.
Any failure to enforce any term of the terms of this Agreement shall not affect our right to require performance at any subsequent time, nor shall the waiver by Us of any breach by You of any provisions of these terms be taken to be a waiver of the provision or provisions itself.
You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by You or otherwise as a result of Your use of the Services, Content or Website.
Official correspondence must be sent via postal mail to:
Attn: Customer Solutions
20845 Gregory Lane
Redding, CA 96003
This Agreement, including any terms, conditions and policies expressly referenced herein and as amended in the future, shall constitute the complete understanding and agreement between You and Curiosity Untamed LLC and shall supersede and cancel any prior or contemporaneous understandings and agreements, except as expressly provided otherwise by Curiosity Untamed LLC.