Curated Recovery Grant Program - Terms and Conditions

We’re excited that you are interested in Curated’s Recovery Grant Program  (“the Grant Program”). The following Grant Program Terms “Program Terms” apply to the Grant Program. By participating in the Grant Program, you (“You” or “Participant”) represent and warrant that you have read and agree to be bound by the Grant Terms, as well as Curated’s Terms of Use and Privacy Policy. Capitalized terms, unless defined herein, shall take their meaning from the Curated Terms of Use and Privacy Policy. 

Curated reserves the right to modify or amend the Program Terms, and the methods through which Curated determines who is awarded a grant under the Grant Program.

What is the Grant About?

The Grant Program is aimed at companies looking for extra support in 2020. While Curated works with Brands (Clients) and Boutique Teams (Agency Talent), the Grant Program is aimed at companies looking for support on external projects.

If you are a Boutique Team/Small Agency - you can join Curated here: https://www.curated.io/join-team


What is in the Grant?

Over the course of 6 months, successful applicants will be provided with over $4K in resources to support restructuring in budget, hiring, and initiatives. This “Grant Award” includes: 

  • 6 month premium Curated Membership (Valued at USD $3,594)
  • Dedicated Project Curator 
  • Unlimited Strategy + Planning Calls 
  • Access to Curated’s Project Platform
  • Complementary Project Credits (Minimum 2 - valued at USD $499 each)
  • Recovery Roundtables + more 

The total value of a Grant Award is USD $4,592.

Curated is not providing cash or monetary compensation as a part of the Grant Program. Any Grant awards are not redeemable for cash.


Grant Program Eligibility

To be eligible to receive a grant under the Grant Program, you must:


  • Work for a company that is legally registered in your country of residence
  • Not live in a country where the Grant Program would be deemed illegal or otherwise impose regulatory constraints on Curated
  • Be at least 18 years of age
  • Not be a subsidiary, affiliate or promotional agency of Curated
  • Not be involved in any activities that are illegal or otherwise not otherwise permitted in your country of residence


How are Grant Awards decided?

Grant Awards are decided at the sole discretion of Curated. Curated’s decision is final. In order to be eligible for a Grant Award, you must:

(i) Complete the application process on the relevant Grant Program page;

(ii) Confirm your acceptance with these Program Terms; and

(iii) Meet any criteria or conditions as otherwise communicated to you by Curated.

You are not required to accept a Grant Award after being accepted. 

Referrers

You also have the opportunity to refer friends/other companies to the Grant Program as a “Referrer”. You confirm that you have the approval of a party you refer (“Referee”) to provide their information to Curated for the sole purpose of inviting the Referee to the Grant Program. Curated will only use the Referee’s information to invite the Referee to the Grant Program, as requested by you. 


Participant Conduct


Any participant seeking to participate in the Grant Program must comply with all applicable laws, regulations and policies, including but not limited to the following:

  • Participants are prohibited from soliciting business through Curated except as permitted by Curated’s Terms of Use;
  • Participants are prohibited from using bulk email distribution, automated devices (e.g., bots), SPAM or third parties to make a Referral.
  • Participants may not engage in any act or conduct that Curated believes to be unfair or deceptive (e.g., hacking, use of fake email addresses or accounts, use of fictitious identities).
  • Participants may not abuse, harass or threaten other Participants and Referees, Curated Users or representatives of Curated.
  • By submitting the email address of a Referee or other contact, you represent that you have that person’s prior consent.
  • You must not compensate, or accept any form of compensation from, individuals whom you refer to Curated through the Grant Program.

Additionally, you agree that:

  • You agree that you will not post any private information about yourself or others (e.g., telephone numbers, addresses, email addresses, account numbers, etc.)
  • You agree not to post any false, deceptive or misleading information
  • You agree not to post any content that encourages “gaming” or “churning” of another party’s products or services
  • You agree that you will not post SPAM (i.e., advertising, commercial materials or content, solicitations or promotional materials)
  • You agree that you will not post anything disrespectful, illegal or in violation of our Terms of Use and policies (e.g., unlawful, harmful, abusive, racially or ethnically offensive, discriminatory, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable)
  • You agree that you will not create a risk of loss or damage to any person or property
  • You will not harass, annoy, intimidate or threaten any User(s) or Curated employees or agents in providing any portion of the Curated Service and/or Grant Program to you.
  • You will not impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity.


Your Ideas

If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to Curated, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Curated may have something similar to the Ideas under consideration or in development.


Relationship

Your participation in the Grant Program is solely as an independent contractor. Neither you nor Curated intend to establish an employment relationship and you are not entitled to any benefits.

 

Severability

If any provision in these terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.


Termination

Curated may suspend or terminate the Grant Program or a Participant’s ability to participate in the Grant Program at any time and for any reason.

Curated reserves the right to review and investigate all Grant Program applications and activities, and suspend or terminate Grant Program applications, disqualify Participants and/or cancel Grant Awards if Curated believes that a Participant has violated any law, regulation, or policy. 

 

Limitation of Liability and Indemnification

YOU EXPRESSLY UNDERSTAND AND AGREE THAT CURATED, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE GRANT PROGRAM, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE GRANT PROGRAM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE GRANT PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE GRANT PROGRAM; OR (V) ANY OTHER MATTER RELATING TO THE GRANT PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, CURATED’S (INCLUDING ANY VENDORS AND SERVICE PROVIDERS), MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE GRANT PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.

Users should use the Grant Program at their own risk.

Disclaimer of Warranties

USERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE GRANT PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT CURATED EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE GRANT PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) CURATED MAKES AND GIVES NO WARRANTY THAT (I) THE GRANT PROGRAM WILL MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM THE USE OF THE GRANT PROGRAM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE GRANT PROGRAM WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GRANT PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.


Disputes

Any and all disputes, claims and causes of action arising out of or related to the Grant Program or any Grant Award provided shall be resolved under New York law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in New York County, New York.

Participants agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Curated Service or Grant Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within New York County in the state of New York. Participants covenant not to sue Curated in any other forum.

Participants also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Participants’ use of the Service or this Agreement:

  • Participants ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
  • Participants ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Governing Law

You agree that, under the Curated Terms of Use and Privacy Policy  (i) the Service shall be deemed solely based in the State of New York, USA; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Curated, either specific or general, in jurisdictions other than New York. This Agreement shall be governed by the internal substantive laws of the State of New York, without regard to principles of conflict of law.

Questions

For any questions on the Grant Program - please email recoverygrant@curated.io 

These Program Terms are current as of June 24, 2020.