Terms of Service

Last Updated: November 19, 2024

These Terms of Service (“Terms”) govern your access to and use of this website located at www.curiousgaplabs.com (“Site”) which is provided by Rocket Science, LLC (“Company,” “we,” “our,” or “us”).

By accessing or using this Site, you agree that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

These Terms are subject to change by Company at any time in its sole discretion. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after such changes are posted, you accept those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you.

ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and Company will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.

1. PRIVACY POLICY

We may collect certain information about you and from your access to and use of the Site as described in our Privacy Policy, which is incorporated into these Terms and describes our information collection, use, and sharing practices.

2. ACCESS TO THE SITE

YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE TO ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THE SITE FOR ANY REASON.

3. COMPLIANCE WITH LAWS

In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

4. RESTRICTIONS ON YOUR USE OF THE SITE

You may use this Site only for your own personal noncommercial purposes. You may download and print a copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.

You will not use the Site for any other purpose, including any commercial purpose, without Company’s express prior written consent.

You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Company’s prior written consent.

You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

You will not use the Site for unlawful purposes.

5. LINKS TO OTHER WEBSITES

The Site may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

6. ACCOUNT SUSPENSION, DEACTIVATION, AND TERMINATION

The Company may, for any reason and in its sole discretion, suspend, deactivate, or terminate your online account or your use of the Site, and may terminate these Terms, without notice or liability, including if you breach these Terms. Upon termination, your right to use the Site will cease immediately. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may terminate your account at any time by selecting that option on the Site where that option is available or by contacting us using the contact information below.

7. INTELLECTUAL PROPERTY RIGHTS AND PROPRIETARY INFORMATION

The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content (“Content”), and the products made available on the Site are exclusively the property of the Company or, as applicable, its suppliers or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The Site, including all Content, may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company except as may be explicitly permitted by these Terms. Neither title nor intellectual property rights are transferred to you by access to the Site.

8. AVAILABILITY

The Site and all services and goods provided herein are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site and any services and goods provided herein, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking and makes no representation of any kind that the Site and its services and goods provided herein will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon; (ii) that the Site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or (iv) that the Site, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

9. LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for any product or service offered hereunder or $100 USD if you have not purchased anything through this Site.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site or any of the goods or services hereunder, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

10. INDEMNITY

You will indemnify, defend, and hold harmless Company from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your access to or use of the Site or any products or services made available through the Site, (b) any breach of these Terms by you, including any use of Content other than as expressly authorized in these Terms, (c) your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, (d) your purchase of products using the Site, or (e) your submission of user-generated Content. The Company reserves, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. You agree that the Company will have no liability in connection with any such claims or losses.

11. ASSIGNMENT

The Company may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.

12. GOVERNING LAW

These Terms are governed by and interpreted pursuant to the laws of Missouri, United States of America, without regard for its principles of conflict of law. The parties agree that the exclusive venue for any dispute between the parties arising out of these Terms or pertaining to the subject matter of these Terms will be in the state or federal courts, as applicable, located in St. Louis, Missouri, unless otherwise determined by the Company in its sole discretion. You specifically consent to exclusive personal jurisdiction in St. Louis, Missouri, in connection with any dispute between you and the Company arising out of these Terms or pertaining to the subject matter hereof. You will not bring any action or other claim with respect to the Site more than one year after the claim arises.

13. INTERPRETATION

These Terms, including our Privacy Policy, constitute the entire agreement between you and the Company relating to your access to and use of the Site (including your purchase of products or services using the Site). The Company’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by the Company. If any part of these Terms is held unlawful, void or unenforceable, that part will be severed from the remaining provision and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of the Company’s successors and assigns.

14. SURVIVAL

Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

15. ELECTRONIC COMMUNICATIONS

These Terms and any other documentation, agreements, notices, or communications between you and the Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

16. CONTACT US

Please direct any questions and concerns regarding these Terms to us by email at contact@curiousgaplabs.com.