By entering your email, logging into your account, or accepting notifications, you agree to receive personalized Nurchure deals each day. You may unsubscribe at any time.

• By using our Platform, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and Nurchure.

• If you break the rules, we may suspend or terminate your account. These Terms of Use were last updated on Sept 7, 2022.

ACCEPTANCE OF TERMS OF USE

Nurchure, Inc. (“ Nurchure ” " we " or “ us ” or “ our ”) owns and operates the website, www.nurchure.ca, the mobile and touch versions and any sites we have now or in the future that reference these Terms of Use (collectively, " Platform "). By (a) using the Platform and Nurchure’s services through the Platform, (b) signing up for an account and/or (c) completing a purchase on the Platform, you agree to these Terms of Use (defined below) and any additional terms applicable to certain programs in which you may elect to participate. You also agree to our Privacy Statement, incorporated herein by reference and located within our Privacy Policy ( "Privacy Statement" ), and acknowledge that you will regularly visit the Terms of Use (defined below) to familiarize yourself with any updates. The Privacy Statement, together with these terms of use, and any other terms contained herein or incorporated herein by reference, are collectively referred to as the " Terms of Use ." The term "using" also includes any person or entity that accesses or uses the Platform with crawlers, robots, data mining, or extraction tools or any other functionality.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, IMMEDIATELY STOP USING THE PLATFORM AND DO NOT USE ANY NURCHURE SERVICE, PARTICIPATE IN ANY PROGRAM OR PURCHASE ANY VOUCHER, PRODUCT OR OTHER GOOD OR SERVICE OFFERED THROUGH THE PLATFORM.

Nurchure Groups and Members

· While there is probably a Nurchure group out there for everyone, not every Nurchure group is for you. If you can’t find the right group, you can easily start your own Nurchure group.

· Using our Platform involves meeting real people and doing real things in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.

Your Content and Content of Others

· We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Nurchure and our Platform for the benefit of you and others.

· We are not responsible for Content that members post or the communications that members send using our Platform. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.

Our Platform

· We try hard to make sure that our Platform is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.

· We are continually improving our Platform. This means that we may modify or discontinue portions of our Platform.

· By using our Platform, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service.

PLEASE REVIEW THE FOLLOWING SECTIONS OF THESE TERMS OF USE CAREFULLY: (A)  DISPUTE RESOLUTION/ARBITRATION AGREEMENT,  INCLUDING THE  CLASS ACTION WAIVER  DESCRIBED THEREIN, (B)  LIMITATION OF LIABILITY,  AND (C)  INDEMNIFICATION/RELEASE.

Nurchure enables you and other members to arrange offline, real-world Nurchure groups and Nurchure events. The terms “Nurchure,” “we,” “us,” and “our” include Nurchure, Inc. and our corporate parent, affiliates, or subsidiaries. We use the terms “you” and “your” to mean any person using our Platform, and any organization or person using the Platform on an organization’s behalf. 

The Platform is a platform through which certain merchants (“ Merchants ”) (a) sell vouchers for goods, services, or experiences (“ Vouchers ”), and (h) enable you to schedule use of your Voucher on a specific date and time (“ Bookings ”) (collectively (a)-(h),“ Merchant Offerings ”). Merchants are the sellers and issuers of the Merchant Offerings and are solely responsible to you for the care, quality, and delivery of the goods and services provided. Vouchers may be distributed by Nurchure Technology Inc. 

In addition, the Platform also provides a stage through which you can purchase products from Nurchure (“ Products ”) and participate in other available programs.

Certain Merchant Offerings, Products, other available programs and pricing on the Platform may change at any time in Nurchure’s sole discretion, without notice.

The Platform, any content on the Platform, and the infrastructure used to provide the Platform are proprietary to us, our affiliates, Merchants, and other content providers. By using the Platform and accepting these Terms of Use: (a) Nurchure grants you a limited, personal, non-transferable, non-exclusive, revocable license to use the Platform pursuant to these Terms of Use and to any additional terms and policies set forth by Nurchure; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the Platform without the express permission of Nurchure.

As a condition of your use of the Platform, you agree that:

• You have reached the age of majority in the state or province in which you reside;
• You are able to create a binding legal obligation;
• You are not barred from receiving products or services under applicable law;
• You will not attempt to use the Platform with crawlers, robots, data mining, or extraction tools or any other functionality;
• Your use of the Platform will at all times comply with these Terms of Use;
• You will only make legitimate purchases that comply with the letter and spirit of the terms of the respective offers;
• You will only make purchases on the Platform for your own use and enjoyment 
• You have the right to provide any and all information you submit to the Platform, and all such information is accurate, true, current, and complete;
• You will update and correct information you have submitted to the Platform, including all account information, and ensure that it is accurate at all times (out-of-date information will invalidate your account); and,
• You will only purchase a Merchant Offering, Product, or participate in other available programs through the Platform by creating an account, and any purchase will be subject to the applicable Terms of Sale set forth in these Terms of Use.

We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Nurchure community, or to protect our brand or Platform.

Nurchure retains the right, at our sole discretion, to deny service or use of the Platform or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Platform and your account accessible, the Platform and/or your account may be unavailable from time to time. You understand and agree that there may be interruptions in service or events, Platform access, or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of our control.

We reserve the right at all times to discontinue or modify any part of these Terms of Use in our sole discretion. If we make changes that affect your use of the Platform or our services we will post notice of the change on the Terms of Use page. Any changes to these Terms of Use will be effective upon our posting of the notice; provided that these changes will be prospective only and not retroactive. If you do not agree to the changes, you may close your account and you should not use the Platform or any services offered through the Platform after the effective date of the changes. We suggest that you revisit our Terms of Use regularly to ensure that you stay informed of any changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise you of these changes, and that your continued use of the Platform or our services will constitute acceptance of these changes and the Terms of Use as modified.

You need to be at least 18 years old to use our Platform. We may remove any Content you post or terminate your account at any time. You may only create and hold one account on the Platform for your personal use and must register using a valid credit card. You are responsible for updating and correcting information you have submitted to create or maintain your account. As part of your account settings, you have the option to save, edit, or delete your personal information, including, without limitation, a valid credit card. You understand and agree that Nurchure shall have no responsibility for any incident arising out of, or related to, your account settings. You must safeguard your password and supervise the use of your account. You are solely responsible for maintaining the security of your account and maintaining settings that reflect your preferences. We will assume that anyone using the Platform or transacting through your account is you. You agree that you are solely responsible for any activity that occurs under your account.

Your account is non-transferrable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms of Use, including, without limitation, failure to maintain updated and correct information about your account (e.g., valid credit card information) will cause your account to fall out of good standing and we may cancel your account in our sole discretion. We may modify, suspend, or terminate your account or access to the Platform if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Nurchure community, or to protect our brand or Platform.

Nurchure is not a party to any offline arrangements made through our Platform. Nurchure does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Nurchure makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

Exercise common sense and good judgment when using our Platform and interacting with other members, both on our Platform and at Nurchure events. 

All interactions on the Platform must comply with these Terms of Use. To the extent your conduct, in our sole discretion, restricts or inhibits any other user from using or enjoying any part of the Platform, we may limit or terminate your privileges on the Platform and seek other remedies, including, without limitation, cancellation of your account or forfeiture of any forms of unredeemed value in your account.

The following activities are prohibited on the Platform and constitute violations of these Terms of Use:

• Submitting any content to the Platform that:
  • Violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to       defamation);
  • Contains viruses or malware;
  • Offers unauthorized downloads of any copyrighted, confidential, or private information;
  • Has the effect of impersonating others;
  • Contains messages by non-spokesperson employees of Nurchure purporting to speak on behalf of Nurchure or provides confidential information concerning Nurchure;
  • Is purposely inaccurate, commits fraud, or falsifies information in connection with your Nurchure account or to create multiple Nurchure accounts; or
  • Is protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right.
• Attempting to do or actually      doing any of the following:

o Inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action

o Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access;

• Scanning or monitoring the Platform for data gathering purposes in an effort to track sales, usage, aggregate offering information, pricing information, or similar data;
• Scanning or testing the security or configuration of the Platform or breaching security or authentication measures; or
• Interfering with service to any user in any manner, including, without limitation, by means of submitting a virus to the Platform or attempting to overload, “flood,”       “spam,” “mail bomb,” or “crash” the Platform.
• Using any of the following:
  • Any Platform content, including, without limitation, User Content (defined below), in any meta tags or any other “hidden text” techniques or technologies without our       express written permission;
  • The Platform or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with Nurchure;       or
  • The Platform or any of its resources to solicit consumers, Merchants, or other third-parties to become users or partners of other online or offline services directly or       indirectly competitive or potentially competitive with Nurchure, including, without limitation, aggregating current or previously offered deals.
• Collecting any of the      following:
  • Content from the Platform, including, without limitation, in connection with current or previously offered deals, and featuring such content to consumers in any manner that       diverts traffic from the Platform without our express written permission; or
  • Personal Information (defined in our Privacy Statement), or content of any consumers or Merchants.
• Engaging in any of the following:
  • Tampering or interfering with the proper functioning of any part, page, or area of the Platform or any functions or services provided by Nurchure;
  • Reselling or repurposing your access to the Platform or any purchases made through the Platform;
  • Exceeding or attempting to exceed quantity limits when purchasing Merchant Offerings or Products, or otherwise using any Nurchure account to purchase Merchant Offerings or Products for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use and the terms of a       specific offer on the Platform;
  • Accessing, monitoring, or copying any content from the Platform using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose       without our express written permission;
  • Acting illegally or maliciously against the business interests or reputation of Nurchure, our Merchants, or our services.

We take the privacy of your Personal Information (defined in the Privacy Statement) seriously. We encourage you to carefully review our Privacy Statement for important disclosures about ways that we may collect, use, and share personal data and your choices. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others.

The Platform may contain copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the Platform are protected by copyright, trademark, and other intellectual property laws of the United States. Nurchure may own a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law, no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content without the express permission of Nurchure or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, you will make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

Other marks on the Platform not owned by Nurchure may be under license from the trademark owner thereof, in which case such license is for the exclusive benefit and use of Nurchure unless otherwise stated, or may be the property of their respective owners. You may not use Nurchure's name, logos, trademarks or brands, or trademarks or brands of others on the Platform without Nurchure's express permission.

If you contribute any User Content, you will not upload, post, or otherwise make available on the Platform any material protected by copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right. Nurchure does not have any express burden or responsibility to provide you with indications, markings, or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from such a submission. In addition, if you contribute any User Content, you represent and warrant that: (a) you are the creator of the User Content; or (b) if you are acting on behalf of the creator, that you have (i) express, advance authority from the creator to submit or post the User Content, and that they have waived any moral rights in such User Content, and (ii) all rights necessary to grant the licenses and grants in these Terms of Use. You further represent and warrant (or, if you are acting on behalf of the creator of the User Content, you have ensured that the creator represents and warrants) that the use and sharing of the User Content for the purposes you have selected will not 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. You represent and warrant that you will not upload, post, transmit, or otherwise make available User Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person, or violative of any third-party rights; and that you will not upload, post, transmit, or otherwise make available User Content that contains any material that harbors viruses or any other computer codes, files, or programs designed to intercept, misappropriate, interrupt, destroy or limit the functionality of any software or computer equipment.

• Nurchure shall have the sole and absolute right, but not the obligation, to review, edit, post, refuse to post, remove, monitor the User Content, and disclose the User Content      and the circumstances surrounding its transmission to any third-party, at any time, for any reason, including, without limitation, to determine compliance with these Terms of Use and any operating rules established by Nurchure, as well as to satisfy any applicable law, regulation, or authorized government request. License Grants.
  • Some User Content you submit to Nurchure may be displayed or may give you the option to display in connection with your Personal Information, or a portion of your       Personal Information, including, without limitation, your name, initials, username, social networking website user account name, image, likeness, preferences, voice, and location. You grant Nurchure a royalty-free, perpetual, irrevocable, sublicensable, fully paid-up, non-exclusive, transferrable, worldwide license and right to use, commercial use, display and distribute any Personal Information in connection with your User Content in accordance with these Terms of Use, including, without limitation, a right to offer for sale and to sell such rights in Personal Information, whether the User Content appears alone or as part of other works, and in any form, media or technology, whether now known or hereinafter developed, and to sublicense such rights through multiple tiers of sublicensees, all without compensation to you. However, Nurchure shall have no obligation to use your Personal Information in connection with any User Content.
  • As between you and Nurchure, you shall retain all ownership rights in and to the User       Content you submit or post. You waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory. Nurchure’s license in any User Content or Personal Information submitted includes, without limitation,       use for promotions, advertising, marketing, market research, merchant feedback, quality control, or any other lawful purpose.

AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK. NEITHER NURCHURE, NOR ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE PLATFORM AND ITS SERVICES WILL BE UNINTERRUPTED, SECURE, RISK-FREE, VIRUS-FREE, OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM, OR (B) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF (I) THE CONTENT ON THE PLATFORM, INCLUDING, WITHOUT LIMITATION, MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, (II) DESCRIPTIONS OF MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS, OR (III) USER CONTENT PROVIDED THROUGH THE PLATFORM. THE PLATFORM AND ALL CONTENT, USER CONTENT AND OTHER INFORMATION CONTAINED ON THE PLATFORM, MERCHANT OFFERINGS, PRODUCTS AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, NURCHURE HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, USER CONTENT, OR OTHER INFORMATION CONTAINED ON THE PLATFORM OR THE MERCHANT OFFERINGS, PRODUCTS, OR OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. THE WARRANTY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY NURCHURE THAT ARE INCLUDED IN OTHER APPLICABLE TERMS.

AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NURCHURE, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT HARM OR INDIRECT HARM SUCH AS LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATED TO, OR IN CONNECTION WITH ANY OF THE FOLLOWING: (A) YOUR USE OF THE PLATFORM, BEHAVIOUR OF OTHER USERS, THE CONTENT, USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION, AND ANY OTHER INFORMATION EITHER CONTAINED IN THE PLATFORM OR SUBMITTED BY YOU TO THE PLATFORM; (B) YOUR INABILITY TO USE THE PLATFORM; (C) MODIFICATION OR REMOVAL OF CONTENT SUBMITTED ON THE PLATFORM; (D) THE MERCHANT OFFERINGS, PRODUCTS, AND OTHER AVAILABLE PROGRAMS ACCESSIBLE OR AVAILABLE THROUGH THE PLATFORM; (E) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED DIRECTLY FROM A MERCHANT; (F) THESE TERMS OF USE; OR (G) ANY IMPROPER USE OF INFORMATION YOU PROVIDE TO THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION. IN NO EVENT WILL NURCHURE’S LIABILITY IN CONNECTION WITH A MERCHANT OFFERING, PRODUCT, AND OTHER AVAILABLE PROGRAMS EXCEED THE AMOUNTS PAID FOR THE APPLICABLE VOUCHER, PRODUCT, OR SERVICE. THE LIABILITY LIMITATIONS IN THIS SECTION ARE NOT INTENDED TO LIMIT ANY WARRANTY PROVIDED DIRECTLY BY A MERCHANT OR BY THE APPLICABLE MANUFACTURER OF PHYSICAL PRODUCTS OR ANY EXPRESS REPRESENTATIONS OR WARRANTIES BY NURCHURE THAT ARE INCLUDED IN OTHER APPLICABLE TERMS, NOR ARE THEY INTENDED TO LIMIT REMEDIES YOU MIGHT HAVE FOR PRODUCT-RELATED INJURY.

When you use the Platform or send emails to Nurchure, you are communicating with us electronically and consent to receive electronic communications related to your use of the Platform. We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices from us will be considered delivered to you and effective when sent to the email address you provide on the Platform or from which you otherwise email us.

The Platform contains links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk. We are not responsible or liable, directly or indirectly, for any damage, loss, or liability caused or alleged to be caused by or in connection with any use of or reliance on any content, Products, or services available on or through any such linked site or resource.

You agree to defend, indemnify, and hold harmless Nurchure, its subsidiaries and affiliates, and their respective directors, officers, employees and agents from and against all claims and expenses, including, without limitation, attorneys’ fees, arising out of, related to, or in connection with any of the following: (a) any User Content submitted or posted by you, in connection with the Platform, or any use of the Platform in violation of these Terms of Use; (b) fraud you commit or your intentional misconduct or gross negligence; or (c) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party.

You are solely responsible for your interactions with Merchants and other users of the Platform. To the extent permitted under applicable laws, you hereby release Nurchure from any and all claims or liability related to any product or service of a Merchant, regardless of whether such product or service is a Merchant Offering available through the Platform, any action or inaction by a Merchant, including, without limitation, but not limited to any harm caused to you by action or inaction of a Merchant, a Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Merchant Offering or any other product or service purchased or obtained by you from the Merchant, and any conduct, speech or User Content, whether online or offline, of any other third-party.

To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, member interactions, or in connection with a Nurchure group or Nurchure event. You also agree not to hold organizers responsible for their negligence in connection with their Content, a Nurchure group, or Nurchure event.

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners ( “Nurchure Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a Nurchure group or a Nurchure event. You also agree, to the full extent permitted by applicable law, to release organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content, a Nurchure group, or a Nurchure event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You acknowledge that some Nurchure events carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.

Indemnification

To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Platform.

To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Nurchure Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Platform, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in a Nurchure group or a Nurchure event that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Nurchure Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

To the full extent permitted by applicable law, you agree that in no event shall any Nurchure Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Nurchure Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Platform or this Agreement or the inability to use our Platform (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Platform, (c) your use of our Platform or transportation to or from Nurchure events, attendance at Nurchure events, participation in or exclusion from Nurchure groups or Nurchure events and the actions of you or others at Nurchure events, or (d) any other matter relating to the Platform. 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 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

Nurchure shall be excused from performance under these Terms of Use, to the extent it or a Merchant is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Nurchure or a Merchant, as applicable.

You may not assign these Terms of Use, or any rights, benefits, or obligations hereunder, by operation of law or otherwise, without the express written permission of Nurchure. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Nurchure may assign these Terms of Use, in whole or in part, to any third-party in its sole discretion.

The Terms of Use, including, without limitation, the incorporated Terms of Sale, Special Programs, Privacy Statement, and other terms incorporated by reference, constitute the entire agreement and understanding between you and Nurchure with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Nurchure with respect to such subject matter.

If you reside in Canada, any disputes arising out of or related to these Terms of Use and/or any use by you of the Platform or Nurchure’s services shall be governed by the laws of the Province in which you reside at the time you enter into these Terms of Use, without regard to its choice of law rules and without regard to conflicts of laws principles. Nurchure and you specifically disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods as that Convention may be incorporated into applicable law.

If you have a dispute with Nurchure, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. Nurchure has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.

Informal Resolution

Before making any claim, you and Nurchure agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section to mean any dispute, claim or controversy arising out of or relating to your use of our Platform or this Agreement, including your participation in Nurchure events. You or Nurchure may initiate this process by sending written notice. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Nurchure may bring a claim in accordance with this Section.

Arbitration Time for Filing 

Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.

Class Action Waiver. 

You agree to resolve disputes with Nurchure on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

No waiver by either you or Nurchure of any breach or default or failure to exercise any right allowed under these Terms of Use is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Terms of Use. The section headings used herein are for convenience only and shall be of no legal force or effect. If a court of competent jurisdiction holds any provision of our Terms of Use invalid, such invalidity shall not affect the enforceability of any other provisions contained in these Terms of Use, and the remaining portions of our Terms of Use shall continue in full force and effect.

You are contracting with Nurchure, Inc. Correspondence should be directed to: 

Nurchure, Inc., 492 Vellore Woods Boulevard, Woodbridge, ON, L4H 2C1; Nurchure Customer Support

The provisions of these Terms of Use apply equally to, and are for the benefit of, Nurchure, its subsidiaries, affiliates, Merchants, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly.