Terms of Use

PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS BEFORE ENROLLING, OR OTHERWISE USING THIS WEBSITE, www.curiosity.org ("Curiosity"). These Terms of Use and any amendments or supplements to it, together with our Privacy Policy (collectively, the "Agreement") form a legally binding agreement between you and Curiosity. This Agreement governs your access to and use of any Curiosity website, and any enrollment (collectively, "Your Use").

Your use of the Website shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT USE THE WEBSITE.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (DEFINED IN SECTION 15) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. IF YOU WANT TO OPT-OUT OF THIS MANDATORY ARBITRATION AGREEMENT, SECTION 15 BELOW DESCRIBES THE PROCEDURES YOU MUST FOLLOW TO DO SO. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

1. Eligibility

In order to use the Website, you must be (a) 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or (b) 13 years or older and have your parent or guardian's consent to the Agreement. The Website is not intended for children under the age of 13 and no person under the age of 13 may use the Website. If you use the Website, you are affirming that you are at least 13 years old.

2. User Conduct

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else's enjoyment of the Website. You may not without our prior written consent:

1. copy, reproduce, rent, lease, loan or sell content retrieved from the Website;
2. modify, distribute, or re-post any content on the Website for any purpose; or
3. use the content of the Website for any commercial exploitation whatsoever.

In using the Website, you further agree:

1. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
2. not to disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked Website;
3. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
4. not to use, frame, or utilize framing techniques to enclose any Curiosity trademark, logo, or other proprietary information (including the images found on the Website, the content of any text, or the layout/design of any page or form contained on a Website page) without Curiosity's express written consent;
5. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website.
6. not to use meta tags or any other "hidden text" utilizing a Curiosity name, trademark, or product name without Curiosity's express written consent;
7. not to deeplink to the Website without Curiosity's express written consent;
8. not to create or use a false identity on the Website, share your account information, or allow any person besides yourself to use your account to access the Website;
9. not to collect or store personal data about others;
10. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
11. not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or is otherwise in violation of any law. You further agree not to post any copyrighted material unless the copyright is owned by you; and
12. xii. to comply with all applicable laws regarding your use of the Website

3. Protection of Intellectual Property Rights and License

You acknowledge that content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers ("Intellectual Property Rights"), is protected by copyright, trademarks, patents, or other proprietary rights and laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of using or placing an order via the Website, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Curiosity's or a third party's Intellectual Property Rights. Any rights not expressly granted herein are reserved.

4. No Guarantee of Quotes, Rates, Coverage, or Services

We do not make any warranties or representations regarding the quotes, rates, coverage, or services offered or made available by Service Providers. We do not guarantee that quotes, rates, coverage, or services offered by Service Providers are the best available.

5. You Do Not Pay Fees to Us

We do not charge you a fee to use our Services. Service Providers may pay us fees for services and to be matched with users of our Services, however. We are not involved with and are not responsible for any fee arrangement that you may enter into with any Service Provider. You acknowledge and agree to this compensation arrangement. You hereby release us of any and all losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services, including any fees charged by a Service Provider.

6. Disclaimer of Warranties With Respect to Use of the Website

THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BROADKPEAK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Curiosity DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Curiosity MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Curiosity OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

7. Links to Other Websites That Curiosity Does Not Control

The Website may provide links to other websites and/or resources, including advertisers, over which Curiosity has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Curiosity of content, items, or services on those third-party websites. You access, view and use such website links, including the content, items or services on those websites, solely at your own risk. Curiosity makes no representations or warranties with respect to the content, ownership, or legality of any such linked websites. You agree that Curiosity has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, or other materials available through such websites or resources. At the moment when you leave the Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.

8. Communications with Curiosity

You verify that any contact information provided to Curiosity, including, but not limited to, your mailing address, shipping address, e-mail address, residential phone number, and mobile phone number is true and accurate. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Curiosity.

You consent to receive e-mails by or on behalf of Curiosity relating to this Agreement, any purchase or transaction with Curiosity, matters related to your account, and promotions regarding products.

Curiosity may obtain, and you expressly agree to be contacted at, e-mail addresses, mailing or shipping addresses and phone numbers provided by you directly or obtained through other lawful means, such as skip tracing.

9. Limitation on Curiosity's Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Curiosity, ITS SUPPLIERS, PARENTS, SUBSIDIARIES, REPRESENTATIVES, AFFILIATES OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BROUGHT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND REGARDLESS OF WHETHER Curiosity HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL Curiosity'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Curiosity, its officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your use of the Website.

11. Termination

Curiosity may terminate or suspend your access to all or part of the Website, without notice, for any conduct that Curiosity, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, Curiosity, or any third party.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida.

13. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

14. Entire Agreement

This Agreement constitutes the entire agreement between you and Curiosity and governs your use of the Website, superseding any prior agreements between you and Curiosity.

15. Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND CURIOSITY HAVE AGAINST EACH OTHER ARE RESOLVED.

15.1 What Claims Are Covered by This Arbitration Agreement

This Arbitration Agreement applies to any dispute, controversy, or claim (whether in contract, tort, or otherwise) between you and Curiosity arising out of or relating to: (1) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability of this Agreement; (2) your access to or use of the Website at any time; (3) any products or services sold or distributed through the Website that you received from Curiosity; (4) any communications you receive from Curiosity; (5) any data privacy or security incident; or (6) any other aspect of your relationship or transactions with Curiosity, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and regardless of whether a claim arises during or after the termination of this Agreement ("Claim" or "Claims").

15.2 How Arbitration Works

Arbitration is a method of resolving a Claim without filing a lawsuit. "Arbitration" uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator's decision is final and binding on you and Curiosity.

15.3 Class Action Waiver

YOU AND CURIOSITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Curiosity agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

15.4 How to Opt Out of This Arbitration Agreement

You have the right to opt out of this Arbitration Agreement. If you do not wish to be bound by this Arbitration Agreement, you must notify Curiosity in writing within thirty (30) days of the date that you first access or use the Website. Your written notification must be mailed to Curiosity at the address listed in the Contact Information section below and must include: (1) your name, (2) your address, (3) your email address, and (4) a clear statement that you do not wish to resolve disputes with Curiosity through arbitration.

15.5 Arbitration Procedures

If you do not opt out of this Arbitration Agreement, the following procedures will apply:

Any arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules"), as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the demand for arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

The arbitration will be conducted in the English language. Unless you and Curiosity agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

15.6 Arbitration Fees and Costs

If you initiate arbitration, you will be responsible for paying the AAA filing fee, unless your claim is for less than $75. If your claim is for $75 or less, Curiosity will pay all AAA filing, administrative, and arbitrator fees. If your claim is for more than $75, Curiosity will pay all AAA filing, administrative, and arbitrator fees, unless the arbitrator finds that either the substance of your claim or the relief sought in your demand for arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If the arbitrator finds that your claim was frivolous or brought for an improper purpose, you agree to reimburse Curiosity for all fees associated with the arbitration paid by Curiosity on your behalf.

15.7 Exceptions to Arbitration

Notwithstanding the foregoing, either you or Curiosity may bring an individual action in small claims court. Additionally, notwithstanding the foregoing, either party may seek emergency equitable relief before the state or federal courts located in the State of Florida in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within the State of Florida for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

16. Contributor Terms and Conditions

By submitting any content, including but not limited to text, images, videos, stories, or other media ("Content") to Curiosity ("Company"), you ("Contributor") agree to be bound by these Contributor Terms and Conditions ("Agreement"). If you do not agree to these terms, do not submit any Content to Company.

16.1 Grant of Rights

Contributor hereby grants to Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the Content (in whole or in part) and to incorporate the Content into other works in any format or medium now known or hereafter developed for any purpose, including but not limited to commercial, promotional, and editorial purposes. This license includes the right to sublicense these rights to third parties.

16.2 Permitted Use

Company may use the Content in any manner and for any purpose, including but not limited to: (1) publication in Company's magazines, websites, and other media; (2) advertising and promotional materials; (3) social media posts and campaigns; (4) educational and informational content; (5) licensing to third parties; and (6) any other commercial or non-commercial use as determined by Company in its sole discretion.

16.3 No Compensation

Contributor acknowledges and agrees that no compensation, payment, or consideration of any kind will be provided for the Content or for the rights granted herein. Contributor submits the Content voluntarily and without expectation of payment.

16.4 Representations and Warranties

Contributor represents and warrants that: (1) Contributor is the sole owner of the Content or has all necessary rights to grant the rights set forth herein; (2) the Content does not infringe upon any third party's intellectual property rights, privacy rights, or any other rights; (3) the Content is not defamatory, libelous, obscene, or otherwise unlawful; (4) Contributor has obtained all necessary permissions and releases for any persons, locations, or copyrighted material appearing in the Content; and (5) the Content does not contain any confidential or proprietary information of any third party.

16.5 Indemnification

Contributor agrees to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (1) Contributor's breach of any representation, warranty, or covenant in this Agreement; (2) any claim that the Content infringes upon any third party's rights; or (3) any other claim arising out of or relating to the Content or Contributor's submission of the Content.

16.6 No Obligation to Use

Company has no obligation to use, publish, or display the Content in any manner. Company reserves the right to reject, modify, or remove any Content at any time in its sole discretion.

16.7 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Palm Beach County, Florida.

17. Contact Information

If you have any questions about these Terms of Use, please contact us at:

18. Other Important Terms

Curiosity may assign, transfer, or sub-contract any of our rights or obligations under these Terms of Use to any third party at our discretion. Any representations, warranties, and indemnification obligations made or undertaken by you will survive cancellation or termination of your account or relationship with Curiosity. No delay by Curiosity in exercising any right or remedy under these Terms of Use shall operate as a waiver of that right or remedy or shall affect Curiosity's ability to subsequently exercise that right or remedy. Any waiver must be agreed to by Curiosity in writing. These Terms of Use supersede any other terms previously published by us and any other representations or statements made by us to you, whether oral, written, or otherwise.