Last Updated: November 1st, 2021
Introduction
Curex Medical Services P.A., Curex Medical of California P.C., Curex Medical of New Jersey P.C., (“Curex Medical Group”), Curex Inc., and their respective affiliates (collectively, “Curex,” “we ”, “us”, or “our”) own and/or operate the websites located at https://getcurex.com, (the “Websites”) and provide services to you (altogether, the “Services”) which are described in more detail in these Terms of Use (these “Terms”) below.
These Terms govern your access to and use of our Services. Note that Section 27 entitled “Governing Law; Dispute Resolution; Arbitration; Venue” contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
Please read these Terms carefully. By clicking “I Accept” or by accessing or using our Services, you acknowledge that you have read, understood and agree to be bound by and comply with these Terms. If you do not agree with these Terms, you are not authorized to access or use the Services or any information contained within the Services for any purpose.
We may revise these Terms from time to time. Any material changes to these Terms will be in effect as of the “Date of Last Revision” referenced in these terms. You should review these Terms from time to time and we will endeavor to provide you with reasonable notice when we make material changes to these Terms. Your continued use of our Services after such changes will constitute your acceptance and agreement to such changes.
Important Notices and Disclaimers
The Services are not intended for use in the event of an emergency. If you believe you may have a medical emergency, call 9-1-1 or your local emergency medical system immediately.
Curex is not a healthcare provider and our Services do not include the provision of medical care, health care services, or other professional services by Curex. All healthcare related services are provided by licensed providers contracted through the Curex Medical Group. Always directly contact your health care provider (“Provider”) or other qualified healthcare professionals with any questions regarding your personal health or medical conditions. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare professional or 9-1-1 immediately. If any medical advice is provided to you by a healthcare provider through our Services, such medical advice is not provided by Curex, but is provided by that Provider.
You rely on any content, lab results, technique ideas, or suggestions accessed through the Services at your sole discretion and risk. You should talk to your Provider for diagnosis and treatment. The Services are not a substitute for the expertise, skill, knowledge, or judgement of healthcare practitioners.
We do not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses, or any other information that may be provided through our Services.
Our Services
Curex’s Services facilitates the exchange of information, content, and services between you and you Provider. The Services may include, for example: (a) administrative support in connection with scheduling, communications, and payment for healthcare services you receive from your Provider; (b) administrative support in connection with coordinating optional fulfilment and payment for diagnostic testing and prescription medications ordered or prescribed by Providers; (c) telecommunications and technology support for using the Services as a means of direct access to Providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by Providers; and (d) providing individuals with resources and information related to health care and wellness.
Our Services enable you to communicate with your Provider. However, Curex is not responsible for monitoring such information and communications, and we are not a party to the transactions that may occur between you and your Provider.
Our Services might not function as intended. You should not and must not rely on our Services as your primary tool for communicating, gathering, storying, updating, sharing, or assessing your health information, including changes to your health status. By using our Services, you assume full responsibility for your use of the Services and agree that we are not responsible or liable for any claim, loss, or damage arising from use of the Services.
Your Relationship With Curex
Curex does not provide any medical or healthcare services, including via the Services. Rather, Curex provides a technology platform for you to access health care Services by individual Providers employed or contracted with Curex Medical Group 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 Provider. You understand that by coordinating and in certain cases consulting with Curex Medical Group or an 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 related to the Services. 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 Provider Services
In some cases, a Curex Medical Group or affiliated Providers may use the Services to provide advice or treatment to you. A 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 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 Provider. Moreover, a 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 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 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 https://getcurex.com.
Privacy
Please read our Privacy Policy for information about how Curex collects, uses, and discloses your personal information through the Services. We reserve the right to modify our Privacy Policy from time to time.
Availability
Certain of our Services are currently only available to individuals located in certain states (“States Where We Operate”). Please click here for States Where We Operate.
Eligibility
The Services are not targeted toward or intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you:
If you are accessing or using our Services on behalf of another person or entity, including if you are accessing or using our Services on behalf of a minor under the age of 18 of whom you are the parent or legal guardian, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
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 Services. Fees and charges may apply to your use of the mobile services and to the Internet.
Registration and User Accounts
Although certain parts of the Services are accessible by any individual, you are obligated to register with Curex and create an account (“Account”) 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 accurately, or if 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 hi@getcurex.com. Curex may take any and all actions it deems necessary or reasonable to maintain the security of the 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 and through 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 Services 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 Services are unavailable at any time or for any period.
Electronic Communications
By creating an Account, you consent to receive electronic communications from Curex and Providers through the Services (e.g., via email, text message, or by posting notices to the Services). These communications may include notices about your Account, information from your Providers, payment authorizations, password changes, and other transactional or administrative information. You agree that any notices, agreements, disclosures or other communications sent through the Services electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Mobile Services Charges
If you use the Services on a mobile device, or if you send or receive electronic communications to or from us on a mobile device, your wireless carrier may impose data and/or other charges, and you understand and agree that you will be solely responsible for any and all such charges from your wireless carrier.
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:
The electronic systems used in the Services will incorporate network and software security protocols designed to protect the privacy and security of health information and imaging data, and will include measures designed to safeguard the data to ensure its integrity against intentional or unintentional corruption.
Please see our 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.
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 acknowledge and give us consent to send and disclose to the Curex Pharmacy Network information provided by you, such as your 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 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
Curex provides the Services for the fees and other charges set forth available at https://getcurex.com/pricing, which are incorporated into these Terms. You agree to pay all fees due for services requested. 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.
Curex’s payment processing services are provided through Stripe, Inc. and/or its affiliates. You can review Stripe’s privacy policy at https://stripe.com/privacy.
You understand and agree that you are responsible for all fees due to receive health care services and/or 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. We may suspend or terminate your use of our Services in accordance with the Section 20 entitled “Termination” in the event of any payment delinquency.
Curex insurance plan requires six video visits per year. If you do not meet this requirement, you may be upgraded to a self-pay plan. The self-pay plan does not have video visit requirements but provides you with on-demand access to Curex clinicians via email and SMS. To remain on insurance plan, please ensure that you schedule your visits in advance. If you are on the insurance plan, video visits are billed to your insurance, but it doesn't always fully cover the costs, including copayments, non-covered charges, deductibles, or coinsurance. Curex reserves the right to charge the remaining balance to your credit card on file.
Curex provides the Services for the fees and other charges set forth available at https://getcurex.com/pricing, which are incorporated into these Terms. You agree to pay all fees due for services requested. 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. Your subscription will continue to renew automatically unless you request the cancelation by calling Curex at (857) 240-1080 or email us at hi@getcurex.com.
Cancellation Policy
Treatments are shipped in 3 month installments in all plans. Cancellations are accepted prior to the next refill being compounded by the pharmacy (so you can get a partial refund on a prepayment plan). To cancel or pause subscriptions, please email our team at hi@getcurex.com.
Intellectual Property; Limited License
As between Curex and you, Curex is the sole and exclusive owner of all right, title and interest in and to the Services and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other content (“Curex 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 Services except as generally and ordinarily permitted through the Services according to these Terms of Use. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Curex 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 Services or Curex Content.
Certain names, logos, and other materials displayed in and through the Services 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.
Subject to your compliance with these Terms, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services 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. No other right, title, or interest in or to the Services 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 Services to anyone for any reason.
User-Submitted Material and Information
Our Services may allow you to upload, store and share content, including messages, text and other materials (collectively, "User Content").
Subject to our Privacy Policy, you hereby grant Curex a nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in all media formats and channels now known or later developed without compensation to you.
If you supply or transmit any User Content via the Services, you represent and warrant to us that you have the legal right necessary to grant us the license described above, and that such material will not violate any law or the rights of any person or entity (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity).
Any User Content uploaded or sent privately to a Provider is the sole responsibility of the person that submitted it. Although Curex reserves the right to review or remove all User Content on the Services, we do not necessarily review all of it. As such, we do not take responsibility for any User Content provided through the Services.
Access Rights and Prohibited Use
You agree to use the Services in accordance with all applicable local, state, national and foreign laws, treaties, and regulations. You will not violate any contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. In addition, without limitation, you will not, directly or indirectly, do any of the following while using or accessing the Services:
Termination
These Terms will remain in full force and effect as long as you continue to access or use the Services. Your permission to use the Services automatically terminates if you violate these Terms.
We may change or discontinue offering our Services, and we may suspend or terminate your right to use our Services at any time, in the event that you breach these Terms, for any other reason, or for no reason at all, in our sole discretion, and without prior notice to you. 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 Services 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.
Modification of Service
Curex reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the 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 Services.
Links To Third-Parties
The Services may include links to third-party websites, resources and advertisements (collectively, “Third Party Sites”). We are not responsible or liable for the availability or accuracy of, and Curex does not endorse, sponsor, or recommend any Third Party Sites or the content, products, or services on or available from such Third Party Sites. Your use of Third Party Sites is at your own risk, and Curex and its affiliates will not be liable for any of losses arising out of or relating to Third Party Sites.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED THROUGH THE SERVICES 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 SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, 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 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 SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SERVICES. FURTHERMORE, CUREX DOES NOT GUARANTEE THAT THE SERVICES 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 SERVICES 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 FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL CUREX, ITS RELATED PERSONS OR LICENSORS (“CUREX PARTIES”) 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) ANY SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF CUREX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
To the fullest extent permitted under applicable law and to the extent any aspects of this section are not enforceable, in no event shall the maximum aggregate liability of the Curex Parties (jointly) arising out of or in any way related to access or use of the Services or Curex Content, exceed $100.00 USD. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute the Curex Parties’ sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), or any other legal or equitable theory.
In no event will the Curex Parties be liable for the disclosure of your confidential information by a Provider from whom you receive health care services. Curex is not liable to any person or user for any harm caused by the negligence, misconduct or any other acts or omissions of a Provider providing health care services.
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 through our Services in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms.
Release
To the fullest extent permitted by applicable law, you release Curex and the other Curex Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
If you are a California resident, you hereby waive any rights you may have under California Civil Code § 1542, which provides that “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party,” as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
Governing Law; Dispute Resolution; Arbitration; Venue
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 and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws.
Binding Arbitration. Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Curex agree (a) to waive your and Curex’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services, resolved in a court, and (b) to waive your and Curex’s respective rights to a jury trial. Instead, you and Curex agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
No Class Arbitrations, Class Actions or Representative Actions. You and Curex agree that any Dispute arising out of or related to these Terms or the Services is personal to you and Curex, and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Curex agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Curex agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals. The arbitrator does not have the power to vary these class action waiver provisions.
Federal Arbitration Act. You and Curex agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Process. You and Curex agree that (a) any arbitration will occur in New York, New York or telephonically; (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth herein (“AAA Rules”), which are hereby incorporated by reference, and (c) that the seat of the arbitration shall be the New York, New York and that state or federal courts of the New York and the United States have exclusive jurisdiction over any litigation in aid of arbitration and the enforcement of any arbitration awards.
Authority of Arbitrator. As limited by the FAA, these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. Notwithstanding any other provision of this Section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained in this Section, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.
Severability
All parts of these Terms 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 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 shall not constitute a waiver of such right or provision.
No Agency Relationship
Nothing in these Terms or in 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.
Assignment
You may not assign any of your rights under these Terms, and any such attempt will be null and void. Curex Medical Group. and their affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms if some or all of the business of Curex is transferred to another entity by way of merger, sale of its assets or otherwise.
Remedies
You agree that any violation, or threatened violation, by you of these Terms 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.
Digital Millennium Copyright Act
Curex reserves the right to remove any content or any other material or information available on or through our Services, 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 Services, 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:
