Terms of Service

Terms of Use Last updated: April 21, 2024 Acceptance of the Terms of Use These terms of use are entered into by and between you (“you“ or “your”) and Currently Inc. ( “we,” “us” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our products, functionality and services, including without limitation, those provided through https://www.currentlyhq.com/ (collectively, “Currently”), whether as a guest or a registered user. Please read the Terms of Use carefully before you start to use Currently. By using Currently, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.currentlyhq.com/c/privacy incorporated herein by reference. If you do not want to agree to the foregoing, you must not access or use Currently. Currently is offered and available to users who are 16 years of age or older. By using Currently, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Currently. Changes to the Terms of Use We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of Currently thereafter. Your continued use of Currently following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Accessing Currently and Account Security We reserve the right to change any service or functionality we provide on Currently, in our sole discretion without notice. We will not be liable if for any reason all or any part of Currently is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Currently to users, including registered users. You are responsible for both: • Making all arrangements necessary for you to have access to Currently. • Ensuring that all persons who access Currently through your internet connection are aware of these Terms of Use and comply with them. To access Currently or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of Currently that all the information you provide on Currently is correct, current, and complete. You agree that all information you provide to register with Currently or otherwise, including, but not limited to, through the use of any interactive features of Currently, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Currently or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. Intellectual Property Rights Currently's trademarks, logos, intellectual property, content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Currently, its licensors, or other providers of such content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Stripe Currently's payments are processed through Stripe, which excludes certain types of businesses from using their service. Please refer to the Stripe Service Agreement (see the US agreement) and Stripe’s restricted businesses for more information about restricted business categories and practices. Prohibited Uses You may use Currently only for lawful purposes and in accordance with these Terms of Use. You agree not to use Currently, as determined by Currently in Currently’s sole discretion: • To send, knowingly receive, upload, download, use, or re-use any content that is defamatory, slanderous, libelous, offensive (including without limitation, hate speech, blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity), obscene, lewd, lascivious, filthy, threatening, excessively violent, harassing, false, misleading, fraudulent, or otherwise objectionable. • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. • To send, knowingly receive, upload, download, use, or re-use any content that does not comply with these Terms of Use. • To transmit, or procure the sending of, any advertising or promotional content, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. For the avoidance of doubt, if you are importing a mailing list from another platform, you are required to ensure it’s made up of people who explicitly opted-in to receive emails from your specific publication. • To impersonate or attempt to impersonate us or a Currently employee, another user, Currently, or any other person, brand, organization or entity (including, without limitation, by using email addresses associated with any of the foregoing). • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Currently, or which, as determined by us, may harm Currently or users of Currently, or expose them to liability. • To infringe or misappropriate the intellectual property rights of any person or entity, including without limitation trademarks, copyrights, patents, and trade secrets. Additionally, you agree not to: • Use Currently in any manner that could disable, overburden, damage, or impair Currently or interfere with any other party’s use of Currently, including their ability to engage in real time activities through Currently. • Use any robot, spider, or other automatic device, process, or means to access Currently for any purpose, including monitoring or copying content on Currently. • Use any manual process to monitor or copy content on Currently, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent. • Use any device, software, or routine that interferes with the proper working of Currently. • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Currently, the server on which Currently is stored, or any server, computer, or database connected to Currently. • Attack Currently via a denial-of-service attack or a distributed denial-of-service attack. • Otherwise attempt to interfere with the proper working of Currently. Monitoring and Enforcement; Termination In our sole discretion, we have the right to: • Remove or refuse to publish any content for any or no reason, and/or hide such content from public view and/or Currently’s discovery features, or impose other restrictions. • Take any action with respect to any content that we deem necessary or appropriate in our sole discretion, including if we believe that such content violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of Currently or the public, or could create liability for Currently. • Disclose your identity or other information about you to any third party who claims that content published by you violates their rights, including their intellectual property rights or their right to privacy. • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of Currently. • Terminate or suspend your access to all or part of Currently for any or no reason, including without limitation, any violation of these Terms of Use. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone publishing content on or through Currently. YOU WAIVE AND HOLD HARMLESS CURRENTLY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. Reliance on Information Published The information published on or through Currently is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such content by you or any other visitor to Currently, or by anyone who may be informed of any of its contents. Currently includes content provided by third parties, including content provided by other users, publishers, and third-party licensors. All statements and/or opinions expressed in such content, and all articles and responses to questions and other content, other than the content provided by Currently, are solely the opinions and the responsibility of the person or entity providing such content. Such third party content does not necessarily reflect the opinion of Currently. We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties. Information About You and Your Visits to Currently All information we collect on Currently is subject to our Privacy Policy. By using Currently, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. Linking to Currently and Social Media Features You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Currently may provide certain social media features that enable you to: • Link from your own or certain third-party websites to certain content on Currently. • Send emails or other communications with certain content, or links to certain content, on Currently. • Cause limited portions of content on Currently to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: • Establish a link from any website that is not owned by you. • Cause Currently or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking. • Otherwise take any action with respect to content on Currently that is inconsistent with any other provision of these Terms of Use. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Links from Currently If Currently contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to Currently, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Reporting Abuse To report spam originating from Currently.com please forward the message to [email protected]. Geographic Restrictions The owner of Currently is based in the State of Minnesota in the United States. We make no claims that Currently or any of its content is accessible or appropriate outside of the United States. Access to Currently may not be legal by certain persons or in certain countries. If you access Currently from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. No Refunds All sales are final and fully earned upon receipt. By using Currently, you acknowledge and agree that you will not be entitled to a refund for any purchase under any circumstance. Disclaimer of Warranties You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or Currently will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Currently for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF CURRENTLY OR ANY SERVICES OR ITEMS OBTAINED THROUGH CURRENTLY OR TO YOUR DOWNLOADING OF ANY CONTENT PUBLISHED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF CURRENTLY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CURRENTLY IS AT YOUR OWN RISK. CURRENTLY, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH CURRENTLY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF CURRENTLY. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT CURRENTLY, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH CURRENTLY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT CURRENTLY OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT CURRENTLY OR ANY SERVICES OR ITEMS OBTAINED THROUGH CURRENTLY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Limitation on Liability TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, CURRENTLY, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON CURRENTLY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. Indemnification You agree to defend and indemnify us and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of Currently, including, but not limited to, your published content, any use of Currently’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from Currently. Governing Law and Jurisdiction All matters relating to Currently and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule (whether of the State of Minnesota or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or Currently will be instituted exclusively in the federal courts of the United States or the courts of the State of Minnesota, in each case located in the City of Minneapolis and County of Hennepin. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. Limitation on Time to File Claims ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR CURRENTLY MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. Waiver and Severability No waiver by us of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. Entire Agreement The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Currently Inc. regarding Currently and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Currently. Your Comments and Concerns Currently is operated by: Currently Inc.
 2514 Taylor St. NE 
Minneapolis, MN 55418 All other feedback, comments, requests for technical support, and other communications relating to Currently should be directed to: [email protected].