CURIOSITY EXPLORED LLC. TERMS OF USE

Last Updated: September 26, 2022

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1. THESE TERMS OF USE. The Curiosity Explored website provides users with access to events, workshops, videos, newsletters and other paid and no-cost content regarding a wide spectrum of topics. The terms “Curiosity Explored,” “we,” “us,” and “our” refer to Curiosity Explored LLC. The terms “you” and “your” refer to any person accessing and/or using the Site, including accessing or subscribing to Available Content (as such terms are defined in Section 7). We provide the Site to you expressly subject to these Terms of Use. “Terms of Use” or “Terms” means this document together with our Privacy Policy (available at https://www.curiosityexplored.com/privacy-policy/). Your use of the Site signifies that you agree to the Terms. If you do not or are unable to agree to these Terms, do not use the Site. The Available Content on this Site is for informational purposes only. As described further in Section 13 below, Curiosity Explored is not engaged in rendering therapy services by providing the Site, and your use of the Site does not create any therapist-patient or other treatment relationship between you and Curiosity Explored or any of its representatives. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. By continuing to use the Site after any changes come into effect, you agree to the revised Terms.
PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTIONS) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND, FURTHER, THAT: (1) YOU WILL BE PERMITTED TO PURSUE CLAIMS AGAINST CURIOSITY EXPLORED ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

2. YOUR ACCOUNT. The Site may be accessed and used only by individuals who can form legally binding contracts under applicable laws, are not barred from using the Site under applicable laws or by Curiosity Explored, and are at least 18 years old. By using this Site you represent that you meet all of these eligibility requirements.
When you register, you provide us with some basic information, including an email address and a password. Please keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password. You are solely responsible for anything that happens if you fail to maintain the security and confidentiality of your account. If someone is using your password or accessing your account without your permission, email us at admin@curiosityexplored.com.

3. YOUR PRIVACY. Curiosity Explored collects registration and other information about you through the Site. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information.

4. PROHIBITED ACTIVITIES. You agree that you will not (directly or indirectly) use the Site to advertise or disseminate advertisements regarding any offered products or services, or the need for any products or services, regardless of whether you are doing so on a professional or personal basis. 
Additionally, you agree that you will not (directly or indirectly) use the Site: (i) to advertise or disseminate advertisements regarding any other types of promotional materials, ‘pyramid schemes’, ‘junk mail’, and ‘chain letters’; (ii) to advertise or disseminate advertisements of a political nature, including, but not limited to, disseminating information on political rallies, marches, protests, and/or other political events; (iii) for any unlawful purpose or for any purpose that would give rise to civil liability; (iv) to solicit others to perform or participate in any unlawful acts; (v) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (vi) to submit false or misleading information, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any content transmitted to or via the Site; (vii) to upload or transmit viruses or any other type of malicious code that may be used in any way to affect the functionality or operation of the Site; (viii) other than for your use of the Site as expressly permitted in these Terms, to access or attempt to access any systems or servers on which the Site is hosted or modify or alter the Site in any way; (ix) or to spam, phish, pharm, pretext, spider, crawl, data-mine, or scrape; (x) to interfere with or circumvent the security features of the Site; (xi) to damage, disable, overburden, or impair Curiosity Explored’s servers or networks; (xii) to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (xiii) to use language, images, or other content that Curiosity Explored in its sole discretion deems insensitive, offensive, obscene, sexually explicit, or otherwise inappropriate or inconsistent with Curiosity Explored’s brand; or (xiv) to post anything that exploits children or that depicts cruelty to animals.
For additional information on acceptable and unacceptable Site activities, please see our Community Guidelines, linked in Section 1 above.

5. YOUR USER CONTENT. You are responsible for the accuracy, reliability, appropriateness, legality, and intellectual property rights of the User Content that you post to the Site or otherwise provide to Curiosity Explored. We use the term “User Content” to mean the information, images, material, and any other content that you post to the Site or otherwise send to us. By posting User Content to the Site or sending User Content to us, you represent and warrant that: (i) you have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the User Content to the Site and to Curiosity Explored; (ii) the User Content does not include personal, private, or confidential information belonging to others; (iii) the User Content does not otherwise violate the rights of any individual or entity; and (iv) the User Content otherwise complies with these Terms.  

You hereby grant Curiosity Explored a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of your User Content, and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your User Content. This license permits your User Content to remain on the Site even after you cease to be a member of the Site.

6. THE USER CONTENT AND CONDUCT OF OTHERS. Curiosity Explored does not control the User Content of other members. When we become aware of inappropriate User Content on the Site, we reserve the right to investigate and take appropriate action. Notwithstanding the foregoing, we are not required to monitor, police, or remove any User Content, and we assume no liability for any such User Content.

Additionally, we are not a party to any communications or arrangements made among members through the Site. We do not conduct or require background checks on members and we do not attempt to verify the truth or accuracy of statements made by members. We make no representations or warranties concerning the conduct or User Content of any members or their interactions with you.

7. SITE USE RESTRICTIONS AND INTELLECTUAL PROPERTY.
(a) As used in these Terms, “Site” means: (i) the websites www.curiosityexplored.com, and any future affiliated website(s), including all webpages on such websites; and (ii) the workshops, lessons, podcast episodes, videos, audio files, scripts, newsletters, articles, documents, photos, and other content made available to you to, on a paid or non-paid basis, for your informational and instructional use (collectively, the “Available Content”); and (iii) any current or future public forum(s) hosted on, or as part of, the Site and any and all content posted by Site members on such forum(s).

(b) All Available Content and other aspects of the Site are protected by copyright and owned, controlled, or licensed by Curiosity Explored. You may not: (i) sell, rent, lease, copy, reproduce, hyperlink, frame, republish, upload, post, modify, transmit, translate, encode, publicly display, or distribute in any way via any medium any Available Content or any other part of the Site without Curiosity Explored’s express prior written consent; (ii) remove any proprietary notices or labels on the Available Content; (iii) attempt to disable, bypass, modify, defeat, or otherwise circumvent any digital rights management or other content protection system used on or as part of the Site; or (iv) use the Site for any commercial or illegal purpose.

(c) Most Available Content is in “streaming” format, which means that it is made available to you as a contemporaneous digital transmission via the Internet from the Site to your device for personal viewing in real-time. Except as expressly set forth below, you may not download any Available Content or any other part of the Site without Curiosity Explored’s express prior written consent:

Certain Available Content may specifically indicate that downloading is permitted. In such cases, you may download one copy of such Available Content on any single device for your personal, non-commercial use only, so long as you keep intact all copyright and other proprietary notices.

(d) The Available Content and all other aspects of the Site, including any and all trademarks, logos, text, images, graphics, music, data, software, source code, and other information available through or as a part of the Site, and including the design, structure, selection, coordination, expression, “look and feel”, and arrangement of the Site, are the sole property of Curiosity Explored and/or its licensors, are protected by copyright, trademark, and other intellectual property laws, and may not be used except in accordance with these Terms or with Curiosity Explored’s express written consent. Subject to your compliance with these Terms, Curiosity Explored grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Site in order to access and Available Content, in every case solely for your personal, non-commercial purposes. Other than as necessary for your use of the Site in accordance with these Terms, Curiosity Explored grants you no other privileges, licenses, or rights in and/or to the Site, and you must keep intact all patent, copyright, trademark, and other proprietary notices on the Site.

(e) You acknowledge and agree that any breach of any provision of this Section 7 would result in irreparable harm to Curiosity Explored, for which money damages would be an inadequate remedy, and, therefore, you agree that Curiosity Explored is entitled to injunctive relief to prevent or restrain any breach or threatened breach of this Section 7, in addition to any other remedies available at law or in equity.

8. AVAILABILITY AND STREAMING QUALITY OF AVAILABLE CONTENT. Curiosity Explored regularly updates the Available Content on the Site. Additionally, Curiosity Explored may test certain Available Content or Site features by making them available to you for limited periods of time. In all cases, Curiosity Explored reserves the right to make changes to, or remove from the Site, any or all Available Content at any time without notice and without liability to you or third parties.
The playback resolution and quality of the Available Content depends on a number of factors. Curiosity Explored makes no guarantee as to the resolution or quality of the Available Content you will receive when streaming, even if you have paid for access to such Available Content.

9. PAID CONTENT AND SUBSCRIPTION SERVICES. You may access certain Available Content by paying a one-time access fee. Curiosity Explored also offers annual subscription access to the fee-based Available Content for a monthly fee payable in advance on a quarterly basis, or a monthly fee payable in advance on an annual basis. Except as expressly set forth herein, all fees are non-refundable once paid. All fees are in U.S. dollars. Any promotional or “trial basis” discounts offered are temporary and will terminate at the end of the applicable promotional period, but may be terminated earlier in Curiosity Explored’s sole discretion.
You agree to pay the applicable one-time access fee or annual subscription fee in exchange for access to the relevant Available Content. You represent and warrant that you are authorized to use the payment method designated, and you authorize Curiosity Explored and our designated third-party payment processors to charge your designated payment method for the total amount of any fees you owe to Curiosity Explored, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your access to the Available Content may be terminated.
For subscription services, unless you submit a nonrenewal notice through the Site prior to the end of the then-current subscription term, your subscription will automatically renew. Applicable fees for such renewals will be at Curiosity Explored’s then-current rates. If your subscription is not renewed, your access to the fee-based Available Content will terminate at the end of your then-current subscription term.
Curiosity Explored reserves the right, in its sole and absolute discretion, to change its subscription plans or adjust its access fees or subscription fees at any time. Any such changes will take effect following notice to you.

10. GIFT CARDS. By purchasing, accepting or using a Curiosity Explored gift card in physical or digital form (“Gift Card”), and in consideration for your right to use such Gift Card, you agree to be bound by these Terms of Use. All Curiosity Explored Gift Cards expire on the date that is 1 years after issuance of such Gift Card. Gift Cards are not redeemable or refundable for cash or credit, unless required by law. Gift Cards may be redeemed only for 1 year and 3 month Curiosity Explored memberships, and not for individual Curiosity Explored workshops. You must have a Curiosity Explored online account to redeem a Gift Card, and for security purposes, you will be required to enter credit card or bank information to open a Curiosity Explored account. Curiosity Explored monthly memberships are subject to automatic renewal. If the monthly auto-renewal fee exceeds the available balance on the Gift Card, Curiosity Explored will take additional payment from your credit card or bank information on file in the amount of the outstanding balance.

11. THIRD-PARTY LINKS; AFFILIATE ADVERTISING. The Site contains links to websites, tools, and resources operated by parties other than Curiosity Explored. While such links are provided as a convenience to you, many of the websites we link to are operated by third parties that pay Curiosity Explored fees when you purchase their products after clicking on a link from our Site. Participating in affiliate advertising makes it possible for Curiosity Explored to continue providing you with relevant and valuable Available Content. Notwithstanding the foregoing, Curiosity Explored does not control such third-party websites, tools, or resources, and we are not responsible for the content, products, services, or information offered by any such third parties. Neither the inclusion on the Site of links to such third-party websites nor our participation in affiliate marketing programs with such third parties shall be construed as Curiosity Explored’s endorsement of any such third-party content, products, or services. If you access or use any third-party resources, you do so entirely at your own risk, and we shall have no liability whatsoever arising from or relating to your access or use of such third-party resources. Additionally, note that you will be subject to the terms and conditions and the privacy policies imposed by such third parties. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

12. UNSOLICITED INFORMATION. From time to time, you may send us unsolicited information or materials, including, without limitation, ideas or suggestions related to new or improved services, enhancements, names, technologies, advertising and marketing campaigns, plans, or promotions (collectively, “Unsolicited Information”). Notwithstanding the foregoing, Curiosity Explored does not want to receive confidential or proprietary information from you, and you agree never to send to Curiosity Explored any User Content that would violate or infringe any copyrights, trademarks, or any other intellectual property rights or rights of third parties, including, without limitation, the rights of publicity or privacy. By sending Curiosity Explored any Unsolicited Information you grant to Curiosity Explored, its affiliates and subsidiaries, an unrestricted, irrevocable, perpetual, worldwide license to use, reproduce, display, perform, modify, transmit and distribute such Unsolicited Information, and you also agree that Curiosity Explored is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose, without attribution or compensation to you of any kind. Curiosity Explored has no obligation to review any Unsolicited Information. These provisions do not govern Curiosity Explored’s obligations with respect to your personal information, which obligations are set forth in Curiosity Explored’s Privacy Policy.

13. NOT PROFESSIONAL ADVICE; NO PROFESSIONAL RELATIONSHIP CREATED. Although this Site may provide information related to mental health, clinical psychology, and other medical issues, such information is not intended to constitute or be a substitute for advice from a qualified healthcare provider. Curiosity Explored is not engaged in rendering mental health advice, clinical psychology advice, therapy or other medical advice or services by providing the Site, and your use of the Site does not create any therapist-patient or other treatment relationship between you and Curiosity Explored or any of its representatives. Curiosity Explored assumes no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Available Content or other information or material on this Site. Reliance on any information provided by Curiosity Explored, Curiosity Explored representatives or others contributing to the Site at the invitation of Curiosity Explored, or subscribers to the Site, is solely at your own risk. Always seek the advice of your qualified healthcare professionals with any questions you may have regarding a medical condition. Never disregard professional advice or delay in seeking it because of something you have read on this Site.

14. LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED TO YOU ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. IN NO CASE SHALL CURIOSITY EXPLORED BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM: (A) YOUR USE OF THE AVAILABLE CONTENT OR OTHER PARTS OF THE SITE; (B) THE SITE’S SECURITY, OPERABILITY, OR AVAILABILITY; (C) ANY INFORMATION, ADVICE, SERVICES, OR GOODS OBTAINED THROUGH OR ADVERTISED ON THE SITE; (D) STATEMENTS, CONDUCT, INTERACTIONS, OR DEALINGS WITH ANY OTHER SITE MEMBER OR THIRD PARTY; OR (E) ANY OTHER CLAIM RELATED IN ANY WAY TO THE SITE – EVEN IF ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, CLAIM, OR DAMAGES.
Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the twelve months prior to the action that may have given rise to liability. The limitations set forth in these Terms do not limit Curiosity Explored’s liability for gross negligence, fraud, or intentional, malicious, or reckless misconduct. Further, because some jurisdictions do not allow the limitation of liability for consequential or incidental damages, in such jurisdictions Curiosity Explored’s liability shall be limited to the maximum extent permitted by law. If you are based in the EU, you may have additional legal remedies.

15. INDEMNIFICATION. To the full extent permitted by applicable law, you agree to indemnify, defend, and hold all Curiosity Explored and its officers, directors, shareholders, employees, contractors, and agents harmless from any Claims made by any third party due to or arising out of your violation of these Terms; your use, misuse, or abuse of the Site; your User Content; your violation of any law, statute, ordinance or regulation; or your violation of the rights of a third party. You agree to cooperate with Curiosity Explored in defending such claims and not to settle any claim without Curiosity Explored’s prior written consent.

16. DISPUTE RESOLUTION BY BINDING ARBITRATION; GOVERNING LAW AND VENUE. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
(a) Before making a claim, you and Curiosity Explored agree to try to resolve any disputes through good faith discussions. As used herein, the term “Claim” means any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, but excluding any claims Curiosity Explored may make for injunctive or other equitable relief. You or Curiosity Explored may initiate this dispute resolution process by sending written notice describing the dispute and the proposed resolution. In the event that you and Curiosity Explored cannot resolve the issue within ninety (90) days following receipt of the initial notice, either party may bring a Claim in accordance with the remainder of this Section 16.
(b) You agree that the Site shall be deemed a passive website based solely in Nevada that does not give rise to personal jurisdiction over Curiosity Explored, either specific or general, in jurisdictions other than Nevada. These Terms shall be governed by the internal substantive laws of the State of Nevada, without respect to its conflict of laws principles. Notwithstanding the foregoing, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Nevada for any actions for which Curiosity Explored may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property or proprietary rights, including any provisional relief required to prevent irreparable harm. You agree that Nevada is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
(c) For any Claim not settled pursuant to Section 16(a), you and Curiosity Explored agree to resolve such Claim by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Nevada, unless you and Curiosity Explored agree otherwise. You may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Curiosity Explored from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property rights or other rights in our Available Content or other aspects of the Site.
(d) Where permitted under applicable law, you agree to bring claims against Curiosity Explored only in your individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless Curiosity Explored agrees, no action or court of law may consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, against Curiosity Explored. This waiver applies to class arbitration, and, unless Curiosity Explored agrees otherwise, the arbitrator may not consolidate more than one person’s claims. By using the Site, you and Curiosity Explored are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind. Notwithstanding the foregoing, per Section 20, this Section 16(d) shall be deemed deleted in the event that it is illegal or unenforceable under applicable law.

17. TERMINATION. You agree that Curiosity Explored, in its sole discretion, may suspend or terminate your use of the Site and may remove any User Content or other data within the Site, for any reason, including, without limitation, if Curiosity Explored believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, if it is in the best interest of the Curiosity Explored member community, or to protect our brand. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Site may be referred to appropriate law enforcement authorities. Curiosity Explored may also in its sole discretion and at any time discontinue providing any or all Available Content or any other part of the Site, with or without notice. You agree that any termination of your access to the Site under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Curiosity Explored may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to your account or the Site. In the event that you have a paid subscription to the Site and Curiosity Explored terminates your access to the Site for any reason other than your breach of these Terms of Use, then Curiosity Explored will refund you the prorated portion of any subscription fees which you have paid but not yet used. Except for the foregoing limited circumstance, you agree that Curiosity Explored will not be liable to you or any third party for any termination of your access to the Site.

18. NOTICES. Except as otherwise stated in these Terms or as expressly required by law, any notice to us shall be given by certified postal mail to Curiosity Explored LLC, 318 N Carson St. #208, Carson City, Nevada 89701, Attn: Legal, or by email to admin@curiosityexplored.com (Attn: Legal). Any notice to you shall be given to the most current email address in your account.

19. ASSIGNMENT. These Terms are not assignable, transferable, or sublicensable by you except with Curiosity Explored’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, reorganization, sale of Curiosity Explored’s assets, or similar transaction.

20. ADDITIONAL TERMS. The Site is controlled and operated from the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are solely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Site if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all Available Content is intended for individuals located in the United States.
The headings used in these Terms of Use are included for convenience only and will not limit or otherwise affect these Terms. If any provision of these Terms is held by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity of the remaining provisions herein, or the validity of all provisions in another jurisdiction. No joint venture, partnership, employment, or agency relationship exists between you and Curiosity Explored as a result of these Terms or your use of the Site. Curiosity Explored’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Curiosity Explored’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Curiosity Explored with respect to such use. These Terms constitute the entire agreement between you and Curiosity Explored with respect to the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Curiosity Explored with respect to the Site.