Terms of Use

Date of Last Revision: 04/01/2020

AMONG OTHER ACTIVITIES, CUREX’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH HEALTH CARE PROVIDER.  IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS.  IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911. 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.  

YOU UNDERSTAND THAT BY ACCESSING OR USING THE PLATFORM OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE.  IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM OR ANY SERVICES PROVIDED ON OR THROUGH THE PLATFORM.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

INTRODUCTION

Curex Inc., Curex Medical Services P.A., Curex Medical of California P.C., Curex Medical of New Jersey P.C. and their respective affiliates (collectively, “Curex,” "Curex Medical Group", “we ”, “us”, or “our”) own and operate the websites located at www.GetCurex.com, (collectively, the “Websites,” and collectively with any affiliated mobile application (“App”), the “Platform”).  The Platform is intended to facilitate the provision of the Services to registered users.  The “Services” may include: (a) the development and gathering of health care records and health care information with retention of the same for use in health care provider appointments, communications, and Health Care Services; (b) administrative support in connection with scheduling and payment for Health Care Services; (c) administrative support in connection with coordinating optional fulfilment and payment for diagnostic testing and prescription medications ordered or prescribed by medical providers performing Health Care Services;(d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers; and (e) providing individuals with information on health care and wellness (“Content”).

 

You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Health Care Services to determine whether a prescription or a diagnostic test is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and symptoms), diagnostic tests, as applicable, and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Health Care Services”).

You give us consent to send and disclose to the affiliated professional entities and their medical providers all Your Information so that you may receive Health Care Services. Further, you consent to our delivery of Your Information to Curex affiliated and unaffiliated pharmacies, laboratories, and other diagnostic testing companies as part of coordinating desired fulfilment and payment for diagnostic testing, prescription medications, and medical devices recommended as part of the Health Care Services.

All medical providers who deliver Health Care Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Curex, and (ii) solely responsible for such Health Care Services provided to you. Curex does not provide any Health Care Services through the Platform and is not licensed to practice medicine. Curex does not control or interfere with the provision of Health Care Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Health Care Services provided to you. Therefore, you understand and agree that Curex is not responsible for Health Care Services, or your use of any Health Care Services, provided by a medical provider or affiliated professional entity, including any personal injury or property damage.

 

These terms and conditions of use (“Terms of Use”) describe your rights and responsibilities with regard to the Curex Platform that you may use to receive Services.  Your access to and use of the Platform is subject to these Terms of Use, our Privacy Policy www.GetCurex.com/privacy, as well as all applicable laws and regulations.  In these Terms of Use, the terms “you” and “yours” refer to the person using the Services.  Even though you may have arrived to the Platform through a website or mobile application operated or controlled by a third party, including by an affiliate of Curex, you understand and agree that these Terms of Use are entered into between you and Curex.  If you do not accept and agree to be bound by these Terms of Use, you are not authorized to access or otherwise use the Platform, Services or any information or Content provided through the Platform or Services. The Platform and Services are continually under development, and Curex reserves the right to review or remove any part of these Terms of Use in its sole discretion at any time and without prior notice to you.  You should check the Terms of Use from time to time when you use the Platform or Services to determine if any changes have been made. Any changes to these Terms of Use are effective upon posting to the Platform. Unless otherwise indicated, any new Content added to the Services is also subject to these Terms of Use upon posting to the Platform. If you disagree with these Terms of Use, your sole and exclusive remedy is to discontinue your use of the Platform and/or Services.  Your continued use after a change has been posted constitutes your acceptance of the changes.

AVAILABILITY

Certain of our Services are currently only available to individuals located in certain states (“States Where We Operate”).  For the current list of States Where We Operate, please visit www.GetCurex.com/states.

ELIGIBILITY

In order to qualify to use the Services, the following must be true:

·       You are age 18 or over.

·       You are located in a State Where We Operate (depending on the type of Services).

·       You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through Curex.  In addition to the above requirements, Curex and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

REQUIREMENTS FOR USE

You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Platform.  Fees and charges may apply to your use of the mobile services and to the Internet.

SPECIAL CONSENT TO TELEHEALTH SERVICES

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who are not in the same physical location.  Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

·       Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;

·       Interactions between a patient and health care provider via audio, video, and/or data communications; and

·       Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data, and will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption.

Please see our Consent to Telehealth available on the Platform www.GetCurex.com/consent-to-telehealth for a description of the risks and benefits of telemedicine.  The Consent to Telehealth is hereby incorporated into these Terms of Use by reference and constitutes a part of these Terms of Use.

PRIVACY POLICY

Curex understands the importance of confidentiality and privacy regarding your health information.  Please see: (1) our Privacy Policy available on the Platform GetCurex.com/privacy for a description of how we may collect and use your personal information, and (2) the Curex Professionals Notice of Privacy Practices applicable to Curex Medical P.A., Curex Medical of New Jersey, Curex Medical of California and similar affiliated professional entities for a description of how these entities may use and disclose your medical information and how you may access that information.  The Privacy Policy and Curex Professionals Notice of Privacy Practices are hereby incorporated into these Terms of Use by reference and constitute a part of these Terms of Use.

YOUR RELATIONSHIP WITH CUREX

Curex does not provide any medical services, including via the Platform and Services.  Rather, Curex provides a technology platform for you to access Health Care Services by individual providers employed or contracted with Curex Medical Services P.A., Curex Medical of California P.C., and Curex Medical of New Jersey and affiliated professional entities and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness.  The health and wellness resources made available through our Services are not a substitute for direct in-person health care services in all cases. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and in certain cases consulting with Curex Medical Group or affiliated health care provider through the Services, you are not entering into a provider-patient relationship with Curex.

By accepting the Terms of Use, you agree and consent to Curex, Curex affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications.  It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us or any Curex affiliate liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

CONSULTATIVE SERVICE

In some cases, a Curex Medical Services P.A. or affiliated health care provider may use the Services to provide advice or treatment to you.  A health care provider consulting with you through the Services may not have the benefit of information that would be obtained by examining you in person and observing your physical condition, in each instance.  Therefore, the health care provider may not be aware of facts or information that may affect his or her opinion regarding a potential diagnosis or treatment recommendation. To reduce the risk to you of this limitation, Curex strongly encourages you to provide all relevant information and discuss any and all diagnosis and treatment options with a health care provider.  Moreover, a health care provider utilizing Curex may be limited by state law in prescribing certain medications to you without first conducting an in-person physical examination. By deciding to engage the Services, you acknowledge and agree that you are aware of these limitations and agree to assume the risk of these limitations. Furthermore, you agree and accept that: (i) any diagnosis you may receive is limited and, in some cases, provisional; (ii) the health care services are not intended, in all cases, to replace a full medical evaluation or an in-person visit with a health care provider; (iii) a health care provider acting through the Services may not have important information that is usually obtained through a “hands-on” physical examination; and (iv) the absence of a physical examination may affect the health care provider’s ability to diagnose any potential condition, disease or injury.

For more information regarding the health care services offered by health care providers utilizing the Services, please visit GetCurex.com.

SITE CONTENT

Except for specific communications received from Curex Medical Group or affiliated health care organizations and providers, none of the Content you receive through the Platform should be considered medical advice.

REGISTRATION AND USER ACCOUNTS

Although certain parts of the Platform are accessible by any individual, you are obligated to register with Curex in order to access the Services.  The Services are available only to users who have registered with Curex and to other persons affiliated with Curex who have been granted accounts with usernames and passwords (“Secure Users”).  If you are a Secure User, you agree to provide information that is accurate, complete and correct, and to accurately maintain and update any information about yourself that you have provided to Curex.  If you do not maintain such information, or Curex has reasonable grounds to suspect as much, Curex has the right to suspend or terminate your account and your use of the Services. You also agree to immediately notify Curex of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to the Services by emailing Curex at Support@GetCurex.com.  Curex may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Services and your Secure User account.

You agree to keep confidential your username and password and to exit from your Secure User account at the end of each session.  You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You are responsible for changing your password promptly if you think it has been compromised.  You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. Curex explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.  You acknowledge and agree that: (1) all or any part of the Platform may not be accessible at any time, for any period, or for any reason; and (2) Curex will not be liable if for any reason all or any part of the Platform are unavailable at any time or for any period.

‘JAILBREAKING’ THE MOBILE OPERATING SYSTEM

The App is intended for use only on a mobile phone that runs an unmodified manufacturer approved operating system.  Using the App on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information from unauthorized or unintended disclosure.  As a result, you may compromise your protected health information if you use the App on a mobile phone that has been modified. Use of the App on a mobile phone with a modified operating system is a material breach of these Terms of Use.

ACCESS RIGHTS AND PROHIBITED USE

Subject to your compliance with these Terms of Use, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Platform in the States Where We Operate and to use the Services solely for your personal and non-commercial use and only as permitted under these Terms of Use, the Consent to Telehealth, and the Privacy Policy.  No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by Curex or its licensors. We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Services to anyone for any reason. You agree that you will not, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform or Services to violate any local, state, national or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Platform; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Platform, or any other system, device, or property; (e) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Platform, Services or related materials in any way; (g) use or access the Platform to create or develop competing products or services or for any other purpose that is to Curex’s detriment or commercial disadvantage; (h) take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Curex or any of our service providers to protect our Platform; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Platform or any content made available to you on or through our Platform; (l) use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to Curex or third-party content from the Platform; (n) otherwise use the Platform in any manner that exceeds the scope of use granted above; or (o) encourage or enable any other individual to do any of the foregoing.

OWNERSHIP OF INFORMATION SUBMITTED VIA THE PLATFORM

With the exception of any personal data or information you submit maintained in accordance with our Privacy Policy (which may be governed by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and its related regulations and amendments from time to time (collectively, “HIPAA”) or related state-specific privacy laws and regulations), you understand and agree that any information you provide to Curex on or through the Platform or Services, whether by direct entry, submission, email or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of Curex and/or (i) Curex Medical Services P.A., Curex Medical of California P.C. and Curex Medical of New Jersey (ii) similar affiliated professional entities, or (iii) individual health providers utilizing the Services.

Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting.  Curex shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Curex via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

For any personal data or information subject to the foregoing exception, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by Curex, Curex may create derivative works of any such data, and Curex may provide such data to our service providers, our successors and assigns, and affiliated health care providers, and their affiliated professional entities, in performance of their services; and (2) grant Curex, our service providers, our successors and assigns, Curex Medical, P.A. and affiliated health care providers, and their affiliated professional entities, the fully transferable and sublicenseable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Platform for the purposes of providing services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying and/or improving new, current or future features, products and services of Curex using such data.

OWNERSHIP OF SITE CONTENT

As between Curex and you, Curex is the sole and exclusive owner of all right, title and interest in and to the Platform and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you.  You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Platform except as generally and ordinarily permitted through the Platform according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform or Content shall be owned solely and exclusively by Curex or its licensors, including all intellectual property rights therein.  You may not access or use for any commercial purposes any part of the Platform or Content.

TRADEMARKS

Certain names, logos, and other materials displayed in and through the Platform may constitute trademarks, trade names, service marks or logos (“Marks”) of Curex or its affiliates.  You are not authorized to use any such Marks without the express written permission of Curex.  Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties.  The Linked Sites may not be under our control, therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.  We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

You may have arrived to the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Curex.  You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms of Use will apply to your use of or access to the Platform.

TERMINATION

The Terms of Use will remain in full force and effect as long as you continue to access or use the Platform or Services.  You may terminate the Terms of Use at any time by discontinuing use of the Platform. Your permission to use the Platform automatically terminates if you violate these Terms of Use.

Curex may terminate or suspend any of the rights granted by these Terms of Use and your access to and use of the Platform or Services with or without prior notice, for any reason, and at any time.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, Curex reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies.  After such termination, Curex will have no further obligation to provide the Services, except to the extent an affiliated professional entity is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical and professional obligations to you.  You agree that if your use of the Services is terminated pursuant to these Terms of Use, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold Curex harmless from any and all liability that Curex may incur therefore.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE PLATFORM IS AT YOUR SOLE RISK.  YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND ANY SERVICES ARE PROVIDED THROUGH THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS.  CUREX AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED PROFESSIONAL ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION.  WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER CUREX NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM.  IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE PLATFORM. FURTHERMORE, CUREX DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND CUREX DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL CUREX, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE PLATFORM OR ANY SERVICES PROVIDED THROUGH THE PLATFORM, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM.  THIS IS TRUE EVEN IF CUREX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Curex, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Platform in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms of Use.

MODIFICATIONS TO THE PLATFORM

Curex reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Platform or Services or any portion thereof, with or without notice.  You agree that Curex shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Platform or Services.

PHARMACY SERVICES

If you receive a prescription as a result of the Services, you may select one of our partner pharmacies (collectively, the “Curex Pharmacy Network”) to ship your prescription.  You give us consent to send and disclose to the Curex Pharmacy Network all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location and demographic information) so that you may receive pharmacy services.

PACKAGING AND FULFILLMENT RESTRICTIONS

If you select to use the Curex Pharmacy Network to fulfil any prescriptions provided by health care providers through the Services, you acknowledge that your medication, if approved, will not be shipped in child-resistant packaging and that you must keep it out of the reach of children.

PAYMENT

You agree to pay all fees due for services requested.  You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have.  By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

You understand and agree that you are responsible for all fees due to receive health care services and pharmacy services, including any fees charged by the health care organization(s) or provider(s).  Your payments to Curex may include fees charged by health care organization(s) or provider(s) for health care services and/or pharmacy services, which Curex collects on their behalf. Any health care services or pharmacy services not made available through the Services are not included in the payments collected by Curex and you may be separately charged by the applicable health care providers for such services.  In the event that your credit card expires or Curex, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Curex and/or the health care organization(s) and/or provider(s) have no obligation to provide any health care services or pharmacy services unless and until full payment has been received and/or verified.

GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; VENUE; SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CUREX TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CUREX

These Terms of Use and your use of the Platform shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws.  Any dispute arising under or relating in any way to these Terms of Use will be resolved exclusively by final and binding arbitration in New York, New York under the rules of the American Arbitration Association, except that either party may bring a claim related to intellectual property rights, or seek temporary and preliminary specific performance and injunctive relief, in any court of competent jurisdiction.  The parties agree that the courts located in New York, New York shall have exclusive personal jurisdiction, subject matter jurisdiction, and venue for any such claim.

All parts of these Terms of Use apply to the maximum extent permitted by law.  Curex and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law.  The invalidity of part of these Terms of Use will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

NO WAIVER

No waiver by Curex of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Curex to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

NO AGENCY RELATIONSHIP

Neither these Terms of Use, nor any Content, materials or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you.  You may not enter into any contract on our behalf or bind us in any way.

REMEDIES

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm.  You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

ASSIGNMENT

You may not assign any of your rights under these Terms of Use, and any such attempt will be null and void.  Curex Medical P.A. and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Use if some or all of the business of Curex is transferred to another entity by way of merger, sale of its assets or otherwise.

DIGITAL MILLENNIUM COPYRIGHT ACT

Curex reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. Curex otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with Curex

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address:

Hi@GetCurex.com

Any notification to Curex under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

·       An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;

·       An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

·       An identification of the content or material that you claim is infringing and where it is located on our Platform;

·       Information sufficient for Curex to contact you, such as your address, telephone number, and/or email address;

·       A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

·       A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

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