Terms & Conditions

Last updated January 25, 2023

These terms and conditions (“Legal Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”) and EH Tech, doing business as Kurvana (“Kurvana,” “we,” “us,” “our”), concerning your access to and use of the website https://www.kurvana.com (the “Site”), as well as any other related products and services that refer or link to these Legal Terms (collectively, the “Services”).

Arbitration Notice: Please be aware these Legal Terms contain an arbitration clause and a class action/jury waiver that require you and Kurvana to resolve all disputes with each other on an individual basis through final and binding arbitration. By accepting these Legal Terms, you expressly agree to be bound by and abide by these Legal Terms, including the mandatory arbitration provision and the class action/jury waiver provision.

You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms, and you represent and warrant that you have the right, authority, and capacity to enter into these terms and that you are at least 21 years old or at least 18 years old with a valid doctor’s recommendation pursuant to applicable. You may not access or use the Services if you are not at least 21 years old or at least 18 years old with valid doctor’s recommendation pursuant to applicable law. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING AND/OR USING THE SERVICES.

ACKNOWLEDGEMENT OF FEDERAL AND STATE LAW. You expressly acknowledge that the Services is for use by residents of states which have enacted laws regulating the legal use of medical or recreational cannabis pursuant to their respective state laws. Under the United States Controlled Substances Act, Marijuana is classified under Schedule 1 and therefore possession, distributing, or manufacturing of marijuana, including interstate transportation of marijuana, is illegal under United States federal law. Individuals engaged in said activities are subject to arrest and prosecution. BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND ACKNOWLEDGE THE VARIOUS LEGAL RISKS ASSOCIATED WITH THE USE OF CANNABIS UNDER APPLICABLE STATE AND FEDERAL LAWS, AND IN ALL SCENARIOS, YOU WILL ASSUME FULL RESPONSIBILITY FOR COOPERATING WITH AND ABIDING BY ALL SUCH APPLICABLE LAWS. KURVANA IS NOT LIABLE FOR YOUR USE, DISTRIBUTION, OR POSSESSION OF CANNABIS IN VIOLATION OF FEDERAL OR STATE LAW.

Furthermore, you expressly acknowledge and agree that any and all statements concerning cannabis products, accessories, or any other items sold or made available through the Services, have not been evaluated, approved, or endorsed by the FDA or any other regulatory agency. All such statements are provided for informational purposes only and should not be relied upon for any medical advice, health care, or similar treatment. If you suffer from any medical condition or illness, or if you are pregnant, nursing, and/or taking medications of any kind, you must consult with a physician before using any cannabis products, accessories, or any other items sold or made available through the Services. Some products have been linked to illness or even death. ANY AND ALL CANNABIS USE (INCLUDING ANY AND ALL METHODS FOR INGESTION) IS SOLELY AT YOUR OWN RISK!

ACKNOWLEDGEMENT OF CALIFORNIA LAW. You expressly acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in California unless undertaken pursuant to applicable laws, including without limitation, and by way of example only, the Medical Marijuana Regulation and Safety Act (AB243, AB266, SB643; as amended) and the Attorney General’s Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use (August 2008), or the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Kurvana’s business is located in California and though the Services may be accessed in places outside of California, however, the services available through the Services are strictly intended for California residents only and delivery is only available within California in the areas where we are permitted to operate (each a “Delivery Area”), as subject to change from time-to-time. You expressly acknowledge and agree to abide by and take all responsibility for abiding by the laws of your state.

ACKNOWLEDGEMENT OF LOCAL LAWS. You expressly acknowledge that the distribution, transportation, cultivation, possession, and use of cannabis is illegal in certain cities, counties, municipalities, and local jurisdictions unless undertaken pursuant to applicable laws in such areas. You expressly acknowledge and agree to abide by and take all responsibility for abiding by the laws of your local jurisdiction while using the Services. We further reserve the right at any time to limit, change, or eliminate service to any particular Delivery Area.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. YOUR ACCOUNT WHEN YOU SHOP

While you may view and use many of the features of the Services without registering for an account, you may choose to register for an account to gain access to additional features (e.g. purchase products, view order history, faster checkout, etc.). If you do, you are responsible for maintaining the confidentiality of your account and keeping your account information (including your name, email address, and mailing address) up to date. You agree to accept responsibility for all activities that occur under your account. We reserve the right, in our sole discretion, to terminate or suspend your account for any reason, refuse service to you, or cancel orders.

3. INTELLECTUAL PROPERTY RIGHTS

Copyright. All content on the Services (including but not limited to graphics, drawings, design, text, software, selection, and arrangement thereof) (“Content”) are the exclusive property of Kurvana, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Services is the property of Kurvana or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all Content on the Services is the exclusive property of Kurvana and is protected by U.S. and international copyright laws.

Trademark. All trademarks, service marks, logos and trade names are trademarks or registered trademarks (“Marks”) of Kurvana or other owners that have granted Kurvana license to use such Marks. Kurvana’s Marks and trade dress may not be used in connection with any product or service that is not Kurvana’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Kurvana. All other trademarks not owned by Kurvana that appear on any Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Kurvana.

License. You are granted a limited license only for purposes of viewing the material contained on the Services. This license does not include any resale or commercial use of the Services; any collection and use of any product listings, descriptions, or prices; any derivative use of the Services; any downloading, copying, or other use of the Services for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Legal Terms are reserved and retained by Kurvana and/or its content providers.

You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the Content or Services for commercial purposes, whether on behalf of yourself or a third party. You may only use the Services as permitted by law. The licenses granted by Kurvana terminate if you do not comply with this Legal Terms and/or any applicable additional Legal Terms.

4. YOUR CONTENT

In these Legal Terms, “Your Content” shall mean any reviews, ratings, comments, audio, video, images, or other content you choose to submit or display on the Services. By submitting or displaying Your Content on the Services, you grant Kurvana and our authorized third-party affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable and transferable, license to Your Content. This includes the right to use, reproduce, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute Your Content in any and all media. Kurvana is entitled to use Your Content without incurring obligations of confidentiality, attribution, or compensation to you.

Your Content must be your own and must not violate any law or the rights of any third-party. Kurvana reserves the right to remove any of Your Content from the Services at any time without notice. You will not submit any content that may cause injury to any person or entity; is false or misleading; infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights; violates anyone’s rights to privacy or publicity; violates any law or regulation; includes content or links to content that could be considered defamatory, libelous, knowingly false, fraudulent, indecent, violent, obscene, profane, hateful, racially or religiously biased, threatening, or harassing; is inconsistent with the safe and proper use of any Kurvana product or service; or promotes commercial activities and/or sales without our prior written consent.

YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, YOUR CONTENT, OTHERS’ CONTENT THAT YOU CHOOSE TO USE, AND ANY CONSEQUENCES THEREOF.

5. SOCIAL MEDIA

We welcome you to share Your Content and information about our products and services through social media. When you use social media to share Services material, you grant us the right to reproduce and publish your social media posting and to use the username / social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms.

6. TESTIMONIALS

The Services may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, they are individual results and results vary.

The testimonials displayed (text, audio, and/or video) are given verbatim except for grammatical or typing errors. Some have been shortened, for example, when a testimonial seemed lengthy or not the whole testimonial seemed relevant for the general public.

The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

The testimonials on the Services are not intended, nor should they be construed, as claims that our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.

7. RESTRICTIONS

You are specifically restricted from all of the following:

• publishing any Services material in any other media;
• selling, sublicensing and/or otherwise commercializing any Services material;
• publicly performing and/or showing any Services material;
• using the Services in any way that is or may be damaging to the Services;
• using the Services in any way that impacts user access to the Services;
• using the Services contrary to applicable laws and regulations, or in any way may cause harm to the Services, or to any person or business entity;
• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Services;
• using the Services to engage in any advertising or marketing. Certain areas of the Services are restricted from being accessed by you, and Kurvana may further restrict access by you to any areas of the Services, at any time, in absolute discretion. Any user ID and password you may have for the Services are confidential and you must maintain confidentiality as well.

8. NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner and believe that any content on the Services infringes your copyrights, you may file a copyright infringement notification with us by writing to us at:

Email: hello@kurvana.com

Mail: EH Tech
3334 E Coast Highway #372
Corona del Mar, CA 92625
United States

In your correspondence:

1. Identify the copyrighted work that you claimed has been infringed. Describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work. If applicable, provide a copy of the copyright registration certificate.
2. Identify the material that you believe is infringing. Be specific and clear, and provide the material’s URL location. It is best to include screenshots.
3. Include your contact information, including your address, telephone number, and e-mail.
4. Include the alleged infringer’s contact information, if available.
5. Include and ensure that the following is true: “I 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.”

Upon receipt of your notification, we may investigate and remove the applicable material at our sole discretion.

9. PRODUCT AVAILABILITY AND PRICING

Accuracy of Information and Product Availability. We attempt to be as accurate as possible when describing our products on the Services; however, we do not warrant that the product descriptions, colors, information or other Content available on the Services are accurate, complete, reliable, current, or error-free. The Services may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. Our acknowledgement of an order means that your order request has been received; not that the price or availability of an item has been confirmed. Prices for all products are subject to change.

Product availability. All products available on the Services, as noted above, can only be delivered in the Delivery Area. We cannot guarantee the availability of a particular Product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings, without notice, at any time. We also reserve the right to change our prices, without notice, at any time.

All products sold by Kurvana may have quantity limitations in accordance with applicable law, and are intended to be used for personal purposes only. You may not sell, distribute, or resell any Products you purchase or otherwise receive from Kurvana. Kurvana reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Legal Terms or applicable law, as determined by Kurvana in its sole discretion.

Prices. You understand that: (i) the prices for items displayed through the Services may differ from the prices offered or published by the businesses selling those products (even for the same items) and/or from prices available at other third-party websites, such prices may not be the lowest prices at which the items are sold, and that prices may include discounts, promotions or other price modifications at our sole discretion; (ii) Kurvana has no obligation to itemize its costs, profits or margins when publishing such prices; and (iii) Kurvana reserves the right to change such prices at any time, at its discretion. You are liable for all transaction taxes, including without limitation state, local, sales, and other taxes, on your use of the Services provided under these Legal Terms (other than taxes based on Kurvana’s income). Where applicable, payment will be processed by Kurvana (or its service providers working on Kurvana’s behalf), using the preferred payment method designated in your Account. You acknowledge and agree that all sales made through the Services are made solely by Kurvana as an e-commerce provider. Kurvana is not responsible for products or services purchased through third-party websites.

Payments. Kurvana uses authorized third parties for the purpose of processing your transactions, including fraud prevention, vendor direct shipping, and payment card authorization. By submitting your payment card to us, or bank account information to your lending institution, you grant us the right to store and process your information with such third parties. You agree that Kurvana will not be responsible for any failures of such third parties to adequately protect your information.

No Refunds. Charges paid by you for completed and delivered orders are final and non-refundable. Kurvana has no obligation to provide refunds or credits, but may grant them, in each case in Kurvana’s sole discretion. We do not warrant that any descriptions, images, or other information relating to items displayed via the Services are entirely accurate, up-to-date, complete, or error-free.

Promotional Offers. Kurvana, at its sole discretion, may make promotional offers with different features and different rates to any of our users, including without limitation referral codes (collectively “Promotional Offers”). These Promotional Offers, unless made to you directly, shall have no bearing whatsoever on your individual offers or transactions. Additionally, to the extent permitted by applicable law, Promotional Offers: (i) must be used only for their intended purpose, in accordance with any applicable rules and in a lawful manner; (ii) may not be transferred, replicated, sold, or combined unless authorized in writing by Kurvana; (iii) may be valid only for certain items, or may expire after a certain period of time even if before actual use or redemption; (iv) may be changed, canceled, or retracted by Kurvana at any time for any reason; (v) have no monetary value and are not valid for any cash or similar credit; and (vi) are void where prohibited by law. We encourage you to check back periodically if you are interested in learning more about how we charge for the services available through the Services.

Fees. Kurvana may charge various fees as shown on the Services during checkout in connection with the services available through the Services, including without limitation, delivery fees, cancellation fees, compliance fees, and other fees. We may change any and all such fees, or add additional fees, as we deem necessary or appropriate for our business at any time.

Deliveries. You agree, represent and warrant that you will only access the Services and order products through the Services if you are 21 years of age or older (or 18 years of age or older with a valid doctor’s recommendation pursuant to applicable law). You also agree that, upon delivery of any products, you will provide valid government-issued identification proving your age to the driver delivering the products and, if applicable, a valid medical marijuana card / doctor’s recommendation. The recipient must not be intoxicated when receiving delivery of such products. Delivery drivers reserve the right to refuse delivery if you are not at least 21 years of age (or at least 18 years of age with a valid doctor’s recommendation pursuant to applicable law), if you cannot provide a valid government-issued ID, if the name on your ID does not match the name on your order, if the driver in his or her sole discretion believes the delivery to be unsafe or illegal for any reason, if you are outside of the Delivery Area, or if you are visibly intoxicated. If the delivery driver is unable to complete the delivery of products for one or more of these reasons, you are subject to a non-refundable $20 re-stocking fee.

9. THIRD PARTY SERVICES

The Services may have links to or integrate with third-party websites or services (“Third-Party Services”). Use of a Third-Party Service is subject to the third party’s terms, conditions, and privacy policies, which may differ from ours, and the integration may enable the collection of data or information by the third party subject to its privacy policy. We do not make any representations about, and are not responsible for, products, services, or material of Third-Party Services, even if a particular third party is affiliated with us.

10. ELECTRONIC COMMUNICATIONS INCLUDING TEXT MESSAGING TERMS AND CONDITIONS

We may communicate with you electronically, including by posting notices on the Services or by responding to your e-mails. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

By agreeing to these Legal Terms and using our Services, you also agree to receive communications from us, including via email, text message (to the extent permitted by applicable law), calls, and push notifications. Communications from us may include responses to your inquiries, general customer support, operational communications concerning your Account, or marketing materials.

Kurvana offers a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Text Messaging Terms and Conditions (for purposes of this Section 10, the “Agreement”). By opting-in to or participate in the Program, you accept and agree to these terms, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in Section 13 (Arbitration).

The Program allows users to receive autodialed informational or marketing SMS/MMS messages by opting-into the Program, such as through online or application-based enrollment forms. Message and data rates may apply, and frequency varies. Check with your carrier for the details of your plan. Kurvana, its service providers working on Kurvana’s behalf, and your carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our Privacy Policy.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Kurvana in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt-out. If you are experiencing issues with the Program you can reply with the keyword HELP for more assistance, or you can get help directly at hello@kurvana.com OR 888-588-5873

If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, you agree that you will opt out of the Program as described above. This duty and Agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs. YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

11. NO WARRANTIES

THIS WEBSITE – INCLUDING ALL OF ITS CONTENTS, INFORMATION, AND THE MANNER IN WHICH IT OPERATES – IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, SERVICES MATERIAL, AND ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS, LEGALITY, RELIABILITY, OR USEFULNESS OF ANY INFORMATION OR CONTENT CONTAINED ON THIS WEBSITE OR THE AVAILABILITY OF ANY PRODUCT OR RESULTS THAT YOU MAY OBTAIN THROUGH THE SERVICES.

ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE LEGAL TERMS, ARE MADE ON BEHALF OF KURVANA, ITS HEIRS, SURVIVORS, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES, PREDECESSORS IN INTERESTS, SUCCESSORS, ASSIGNS, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AS WELL AS EACH AFFILIATED ENTITY’S LICENSORS, SUPPLIERS AND SERVICE PROVIDERS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Please note that nothing contained on the Services shall be interpreted as advising you.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL KURVANA, NOR ANY OF THE AFFILIATED ENTITIES, SHALL BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, ITS CONTENT, OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST PROFITS, LOSS OF DATA, LOSS OF PRIVACY OR SECURITY, OR UNAUTHORIZED ACCESS TO OR USE OF THIS WEBSITE OR YOUR CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF KURVANA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, KURVANA WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR FROM ANY PRODUCTS OR THIRD-PARTY SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE ALSO MADE ON BEHALF OF THE AFFILIATED ENTITIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM, OF THE GREATER OF: (I) THE PURCHASE PRICE OF PRODUCTS GIVING RISE TO THE DISPUTE, OR (II) FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. ARBITRATION

READ THE FOLLOWING ARBITRATION AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES THROUGH COURT ACTION OR AS A MEMBER OF A CLASS.

As used in this Arbitration provision and the subsequent Class Action Waiver provision, “You” and “Your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, employees, predecessors in interests, successors, and assigns.

This Arbitration Agreement is intended to be broadly interpreted. It applies to any and all claims, disputes, or controversies of any nature whatsoever that You may raise against Kurvana and/or its Affiliated Entities, whether in contract, tort or otherwise, including but not limited to statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property, or equitable claims arising out of, relating to, or in connection with: this Website, all content on the Services, products sold or advertised on the Services (including but not limited to the use, design, testing, manufacture, marketing, advertising, or labeling of any product advertised or purchased on the Services), and these Legal Terms (including any claims relating to the validity, scope, interpretation, breach or enforceability of these Legal Terms) (all of which are collectively referred to herein as “Claims”).

Unless otherwise explicitly stated on the Services, any Claim will be settled through binding arbitration before Judicial Arbitration and Mediation Services (“JAMS”), in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator will be selected pursuant to the JAMS Rules and Procedures. Please go to www.jamsadr.com to see a complete copy of the JAMS Rules and Procedures or to submit a claim for arbitration.

In resolving a claim for arbitration, the arbitrator will apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and will honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision will be null and void, and neither you nor Kurvana will be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration will have the right of discovery, which discovery will be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim will be resolved by the arbitrator.

The arbitration of disputes pursuant to this paragraph will be in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding. You may not bring any claim as a private attorney general on behalf of other similarly situated persons. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

By agreeing to the arbitration of disputes as set forth herein, you agree that you are waiving your right to a jury trial and limiting your right to appeal. Do not use this site if you do not agree to the foregoing binding arbitration provisions.

14. CLASS ACTION WAIVER

READ THE FOLLOWING CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT LIMITS CERTAIN LEGAL RIGHTS, INCLUDING YOUR RIGHT TO OBTAIN RELIEF OR DAMAGES AS A MEMBER OF A CLASS.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER, WHETHER BEFORE AN ARBITRATOR OR IN COURT, ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION LAWSUIT. You expressly waive any right you may have to bring or participate in a Claim as a class, collective or representative proceeding in court or before an arbitrator against Kurvana and/or the Affiliated Entities. Further, unless both You and We agree in writing, the arbitrator may not consolidate Your claim with another person’s claim, and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding anything herein, either party may bring an individual action in small claims court for disputes within that court’s jurisdiction.

15. INDEMNIFICATION

You hereby agree to defend, indemnify to the fullest extent, and hold harmless Kurvana and the Affiliated Entities from and against any and/or all claims, damages, losses liabilities, costs, demands, causes of action, and expenses arising from or in any way related to (1) your breach of any of the provisions of these Terms; (2) your use of, or activities in connection with, the Services including Your Content); (3) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (4) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (5) any misrepresentation made by you.

You will cooperate as fully required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

16. GOVERNING LAW & JURISDICTION

These Legal Terms will be governed and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of California. You hereby agree that any legal proceeding with respect to these Legal Terms will be subject to the exclusive jurisdiction in the courts of the State of California, County of Orange, or the United States District Court, for the Central District of California.

17. NOTICE FOR CALIFORNIA RESIDENTS PURSUANT TO CA CIVIL CODE SECTION 1789.3

Under California Civil Code Section 1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.

18. ASSIGNMENT

Kurvana is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Legal Terms.

19. SEVERABILITY

If any provision of these Legal Terms is found to be unenforceable, that provision shall be considered amended in a manner that eliminates the unenforceability, without affecting the remaining provisions herein.

20. ENTIRE AGREEMENT

These Legal Terms constitute the entire agreement between Kurvana and you in relation to your use of the Services, and supersede all prior agreements and understandings.

21. ADDITIONAL TERMS MAY APPLY

Depending on which of our products or services you use, additional terms may apply (“Additional Legal Terms”). Additional Legal Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Legal Terms are inconsistent with any Additional Legal Terms, the Additional Legal Terms will control.

22. CHANGES

From time to time, we may change these Legal Terms. We reserve the right to make these changes without notice, though we will update the “Last Updated” line at the beginning of these Legal Terms after each revision. You are responsible for regularly reviewing these Legal Terms, and your continued use of the Services following any changes indicates your acceptance of those changes.

23. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

EH Tech
3334 E Coast Highway #372
Corona del Mar, CA 92625
United States
Phone: (+1) 888-588-5873
Email: hello@kurvana.com