CURA4U Terms and Conditions of Use

Last updated December 15, 2024

CURA4U, Inc. (“CURA4U,” “we,” “us,” “our”) provides its services (described below) to you (“you”) through its website located at www.cura4u.com (the “Site”) and through its mobile applications (the “App”), and through its related services, content, tools, widgets, software, API(s), and/or other product(s), service(s), data, or information supplied to you by CURA4U (collectively, including any new features and applications, and the Site and the App, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”).USE OF OUR SERVICES IS NOT APPROPRIATE FOR EMERGENCIES. IF YOU THINK YOU HAVE MEDICAL OR MENTAL HEALTH EMERGENCY, OR IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, CALL 911 OR GO TO THE NEAREST OPEN CLINIC OR EMERGENCY ROOM. This agreement is the user agreement (the “Agreement”) for CURA4U. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of the Site. If you do not agree to be bound by the terms and conditions of this Agreement, do not access the Site or use the Services. As discussed below, we reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you may be subject to any additional terms and conditions applicable to you as a CURA4U user, including, without limitation, the Privacy Policy located at cura4u.com/home/policies. You must read, agree with and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may use the Site.

Our Service is currently only available to individuals who are located in states in which we offer the Service, are at least eighteen (18) years of age or older, or at least the age of majority in their jurisdiction of residence, if higher than eighteen (18), and who have accepted this Agreement. By visiting, accessing, registering with or using the Service, you are (a) representing and warranting to us that you satisfy all of these eligibility requirements, (b) representing and warranting that when you use the Service to consult with a Provider, you are located in the same state as the shipping address you provide in your account, (c) agreeing to comply with all applicable laws in visiting, accessing, registering with our using the service, and (d) agreeing that you will only use the Service for lawful purposes. Our Service is subject to state regulations and may change from time to time due to changes in applicable regulatory requirements.

PLEASE READ THE FOLLOWING CAREFULLY AS IT CONTAINS AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU MAY HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CURA4U ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW. BY USING THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF SERVICE, PLEASE DO NOT USE THESE SERVICES.

1.0 Definitions.

• "Site" means https://www.CURA4U.com .
• "Account" means the particular instance of the Site authorized for use by you and your Users (as applicable) under your specific login.
• Users: Users of the Site shall be considered as either “Guests” or “Subscribers.” Guests are allowed access to a minimal level of Services available on the Site, and access to some features may be limited. A user of the Site may also be classified by the Site as an "Inactive Subscriber."
• Subscribers: To benefit from all of the Services offered by CURA4U and access additional features that are not otherwise available to Guests, you must register as a Subscriber and provide certain information about yourself, which you permit CURA4U to use and disclose as provided in our Privacy Policy.
• Inactive Subscriber: An Inactive Subscriber is a user of the Site who was at one time a subscriber but now no longer has access to additional features or Services.
• "User Data" means all electronic data or information submitted by you and your Users (as applicable).
• "Documentation" means the specifications and materials located at the Site about the Services.
• "Services" means all services you order from us and made available by us via the Site and/or other locations designated by us. Cura4U is a platform that facilitates the marketing and sale of health care services by health care service providers (“Providers”) to patients, including you (“you” or “Patient(s)”) searching for health care services and Providers thereof, and the scheduling of and payment for health care services by you."Services Agreement" means the subscription services agreement entered into between a Provider and CURA4U relating to the Provider's offer of services to consumers via the CURA4U platform.
• "Subscription Services": As part of its offering, Cura4U has recurring subscription services of various terms. Collectively these services are referred to herein as ("Subscription Services"). Please note that Subscription Services are not insurance. Any discounts provided under Subscription Services cannot be used in conjunction with insurance.
• "Subscription Period" means the duration in which users can avail services using CURA4U platform and as described in the Provider’s Services Agreement.
• "Subscription fees" means the monthly charges deducted from your account for accessing CURA4U services.
• "Free Trial Period" means the initial period during which you can use certain services without charge, subject to subsequent charges if not canceled before the trial ends.
• "We," "Us" or "Our" means CURA4U, Inc.
• "You" or "Your" means yourself individually or the company or other legal entity for which you are accepting this Agreement. As used in this Agreement, "you" or "your" may encompass casual browsers, Providers and Consumers, as applicable.

2.0 Disclosures/Healthcare Regulatory Information.

Medical Advice Disclaimer: AS FURTHER SPECIFIED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT CURA4U IS JUST A TECHNOLOGY PLATFORM THAT LISTS AND ENABLES SCHEDULING OF HEALTH CARE SERVICES AND THAT IT DOES NOT PROVIDE ANY MEDICAL SERVICES NOR MEDICAL ADVICE AND DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR ENDORSEMENTS REGARDING ANY MEDICAL SERVICES OR ADVICE THAT YOU MAY OBTAIN THROUGH THE SITE AND/OR THE SERVICES. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU HAVE READ ON OR ACCESSED THROUGH THE SITE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR YOUR LOCAL EMERGENCY NUMBER IMMEDIATELY.NO HEALTH CARE PROVIDER/ PATIENT RELATIONSHIP IS CREATED WHEN YOU USE THE SERVICES. CURA4U IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER THIRD-PARTY INFORMATION, SITE, PRODUCT, OR SERVICE THAT YOU PURCHASE OR ACCESS THROUGH THE SITE. CURA4U IS NOT A PHARMACY NOR DOES IT PERFORM PHARMACY SERVICES INCLUDING ADVICE ON PRESCRIPTION MEDICATION. YOU ACKNOWLEDGE THAT FOR ANY ADVICE OR QUESTIONS RELATED TO MEDICATION, YOU SHOULD CONTACT YOUR PHARMACIST OR HEALTHCARE PROVIDER.

The inclusion of any health care provider on the Services shall not be considered as an endorsement of any such listed health care provider by CURA4U and shall not in any way mean that CURA4U has conducted any due diligence or other investigation regarding the health care provider except for their licensure information.

CURA4U is not a “covered entity,” “health insurance issuer,” “health care clearinghouse” or “health care provider” and is therefore not required to comply with the privacy rules and security rules implemented under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). You are strongly encouraged to discuss your provider’s health information privacy policies and procedures with your provider.

This website is only to be used in connection with the purchase or sale of services which are not reimbursed by any state or federal health care program, including Medicare or Medicaid. No services may be offered on this website to beneficiaries of any such federal or state health care program. No services received as a result of the use of this website may be submitted to any federal or state health care program for reimbursement.

By utilizing our services or replying to our emails, you acknowledge that you are aware that email is not a secure method of communication, and that you agree to the risks. If you would prefer not to exchange personal health information via email, please notify us at support@cura4u.com

CURA4U may obtain a copy of your credit report to determine your ability to pay for services purchased. By using the site, you consent to CURA4U obtaining a copy of your consumer information if needed, including your credit report, in order to verify your ability to pay.

3.0 Use of Services.

You agree to use the Services only to help you find a health care provider for yourself or another person. You are solely responsible for all images, information, data, text, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. You will ensure that all content you upload, or share complies with all applicable laws, rules and regulations, is appropriate and non-offensive, and that you have all necessary rights to use, share, and/or upload such content, without infringing any third-party rights. CURA4U reserves the right to investigate and take appropriate legal action against anyone who, in CURA4U’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service in a manner that CURA4U determines, in its sole discretion, is illegal or improper.

Registration Obligations: You may be required to register with CURA4U in order to access and use certain features of the Service and become a Subscriber. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data, any health data that you may upload to the Service and certain other information about you are governed by our Privacy Policy. If you are under 18 years of age, you are not authorized to use the Service, with or without registering except if registered by your parent/guardian as dependent.

Subscriber Account Information & Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. CURA4U is entitled to act on instructions received under your password. You agree to (a) immediately notify CURA4U of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. CURA4U is not responsible for any actions taken or transaction made to or from your accounts by any other party using your password, and CURA4U will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge that CURA4U may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted to CURA4U’s servers on your behalf. You agree that CURA4U has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that CURA4U reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that CURA4U reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Notwithstanding the foregoing, any health data that you may upload to the Service shall be maintained in accordance with the requirements under HIPAA and applicable state data privacy and medical records laws.

In-App Purchases: You may elect to sign up for Subscription Services, schedule virtual and in-person visits, or purchase additional features and Services via the App through in-app purchases. You agree to pay all fees associated with purchases made through the App. All in-app purchases are subject to CURA4U ’s cancellation policy. If a credit or debit card, or bank account (“Charge Account”) is being used for a transaction, CURA4U may obtain preapproval for an amount up to the payment amount. If you enroll to make recurring payments automatically, for example by signing up for a Monthly or Annual Subscription Service, all charges and fees will be billed to the Charge Account you designate during the setup process. If you want to designate a different Charge Account or if there is a change in your Charge Account, you must change your information online. You represent and warrant that if you are making payments that (i) any Charge Account you supply is true, correct and complete, (ii) charges incurred by you will be honored by your Charge Account or issuer, (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (iv) you are the person in whose name the Charge Account is maintained and you are authorized to make a purchase or other transaction with the relevant Charge Account.

Mobile Services: The Service includes certain services that are available via the App or a mobile device, including (i) the ability to upload content to the Service via the App or a mobile device and (ii) the ability to browse the Service and the Site from the App or a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through the App or a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using Mobile Services, you agree that we may communicate with you regarding CURA4U and other entities by SMS, MMS, text message or other electronic means through the App or to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your CURA4U account information to ensure that your messages are not sent to the person that acquires your old number.

Support for Site, App, and Services; Functionality: All questions and requests relating to support of the Services must be directed to CURA4U. The Third Parties, as defined in Section No Liability for App Stores Section below, are not responsible for providing support for the Services and may not be contacted for support. We may change or remove functionality and other features of the Services at any time, without notice.

No Liability of App Stores and Other Third Parties: Your wireless carrier, the manufacturer and retailer of your mobile device, the developer of the operating system for your mobile device, the operator of any application store, marketplace, or similar service through which you obtain the App, and their respective affiliates, suppliers, and licensors (collectively, “Third Parties”) are not parties to this Agreement, and they do not own and are not responsible for the App. CURA4U , and not any Third Parties, is responsible for addressing any claims raised by you or any third party regarding the App or your use or possession thereof, including claims related to product liability, legal or regulatory requirements, and consumer protection or similar legislation. You are responsible for complying with all application store and other applicable Third-Party terms and conditions. YOU AGREE THAT (I) THE THIRD PARTIES DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE APP, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE; (II) IN NO EVENT WILL THE THIRD PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) ARISING OUT OF THIS AGREEMENT OR THE APP, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (III) IN ANY EVENT, THE MAXIMUM LIABILITY OF ANY THIRD PARTY FOR ALL CLAIMS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) OF EVERY KIND WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00); AND (IV) YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST THE THIRD PARTIES ARISING OUT OF THE APP AND THIS AGREEMENT. THE THIRD PARTIES ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS AGREEMENT, CAPABLE OF DIRECTLY ENFORCING ITS TERMS. NOTHING CONTAINED IN THIS AGREEMENT WILL BE CONSTRUED AS MODIFYING OR AMENDING ANY AGREEMENTS OR OTHER TERMS BETWEEN YOU AND THE THIRD PARTIES WITH REGARD TO THEIR SUBJECT MATTER. In the event of any claim that the App or your possession and use of the App infringes a third party’s intellectual property rights, the Third Parties are not responsible for the investigation, defense, settlement, or discharge of the infringement claim.

Modified Devices and Operating Systems: CURA4U will have no liability for errors, unreliable operation, or other issues resulting from use of the App on or in connection with rooted or jail broken devices or use on any mobile device that is not in conformance with the manufacturer’s original specifications, including use of modified versions of the operating system (collectively, “Modified Devices”). Use of the App on Modified Devices will be at your sole and exclusive risk and liability.

Service Commitment: We do not guarantee 24/7 services however we will use commercially reasonable efforts to make the Services available (web service) 24 hours a day, 7 days a week, except for: (a) planned downtime (generally during weekend hours between 1:00 a.m. and 7:00 a.m Eastern Time or during low traffic times during the week); or (b) any unavailability caused by circumstances beyond our reasonable control, including, without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labor problems, infrastructure or Internet connectivity provider failures or delays, and denial of service or other malicious attacks. We will provide the Services in accordance with applicable laws and government regulations.

Updates to our services: CURA4U reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that CURA4U will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.

US Use Only: This Service is hosted in the United States and are intended only for users located in the United States. CURA4U makes no representation that the materials are appropriate or available for use outside the United States. If you access our Service from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of our Services

The Service is designed for and intended for Providers, Patients and/or other users in the United States only. We make no representation that the information and services provided on the Service are applicable to, appropriate for, or available to Providers, Patients and/or other users in locations outside the United States. Accessing the Service from territories where the content is illegal is prohibited. If you choose to access the site from a location outside the U.S., you do so on your own initiative, without our consent, and you are responsible for compliance with local laws.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.

4.0 Fees and Payments

CURA4U does not accept Medicare, Medicaid, or any other third-party insurance. In the event you choose to use the Services to schedule and pay out of pocket for health care services, you will be required to provide CURA4U or CURA4U 's financing partner with information regarding your credit card. You represent and warrant CURA4U that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay CURA4U, the amount that is specified in the payment plan in accordance with the terms of such a plan and these Terms of Service. If you dispute any charges, you must let CURA4U know within fifteen (15) days after the date that CURA4U charges you. You shall be responsible for all taxes associated with the Services.

Further, we have no control over, and cannot guarantee the availability of, any health care provider at any particular time. CURA4U is not liable for any cancelled or unfulfilled appointments, or any injury or loss resulting from the foregoing, or for any other injury or loss related to your use of the Site or Services.

Subscription Services Fees: The fees for the Subscription Services described herein are not a covered benefit under most health insurance plans or other healthcare benefit plans such as Health Saving Accounts (HSA) or Flexible Spending Accounts (FSA). However, fees for the healthcare services such as diagnostics and doctors’ visits may be paid by HSA or FSA accounts based on your insurance plan or state regulation. You are responsible for verifying that information and use such a method of payment at your discretion.

As a result, you acknowledge that you may not be able to submit the fees for the Subscription Services for coverage under your insurance or benefit plan, and as such, you will be responsible for the cost of such Subscription Services.

In order to sign up for Subscription Services, you must create an account with CURA4U and enter a payment method. If you do subscribe to Subscription Services you authorize us to charge your chosen payment method the monthly subscription fee at the time of initial payment and each month thereafter on the same day as your initial payment (for activations near the end of the month, you will be charged on the last day of the month closest to your initial subscription payment), until you cancel.

In the event that there is an increase in the recurring subscription fee, we will provide you advance notice of such increase electronically, and you may elect to continue subscription at new rates without any action or cancel your Subscription Services within 7 days of such notice. Please note if you do not cancel your subscription, you authorize CURA4U to charge your payment method at the new rates. Also, please note that there may be additional fees for Services outside of the features of the Subscription Services.

Cancellation and Refund Policy: If you cancel service more than 48 hours in advance, healthcare service fee may be fully refunded (some healthcare service providers may charge cancellation fee based on their terms). However, CURA4U’s service fee is non-refundable. In case service is cancelled by the provider, a full refund will be processed. Refunds will be made, at the sole discretion of the company, either in the original form of payment or as credit for future use.

You may cancel your subscription at any time up to forty-eight (48) hours before the applicable renewal processing date of your subscription, by visiting the “My Subscription” section under your profile. If you cancel the Subscription Services and your subscription term has not expired, you may no longer continue to use the Subscription Services, and your subscription will be cancelled immediately. And you won't be eligible for a prorated refund of any portion of the recurring subscription fee paid for the then-current recurring subscription term.

Subscription Free Trials: From time-to-time CURA4U may offer free trials related to Subscription Services for a specific period of time (“Trial Period”). Any trial offered to you is personal to the account holder and may not be shared with anyone else or otherwise transferred. You will be required to provide your preferred payment method when registering for the trial. Subscription fees for the Subscription Services shall be waived or discounted during the Trial Period in accordance with the associated offer. Please note that only fees for Subscription Services shall be waived during any Trial Period and all other associated fees (i.e. provider visits, labs, etc.) will be charged during the Trial Period. In the event that the trial converts to a paid subscription at the end of the Trial Period, you may either continue and the subscription fee will begin being charged to your preferred payment method or you may cancel the subscription from the “My Subscription” section under your profile.

Changes to Subscription Services: CURA4U reserves the right to make changes to the Subscription Services at any time and will provide advance notice of such changes and you may cancel your subscription at any time as set forth herein.

5.0 Ownership of Site and Services/Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CURA4U, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by CURA4U from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of CURA4U, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CURA4U.The CURA4U name and logos are trademarks and service marks of CURA4U (collectively the “CURA4U Trademarks”). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to CURA4U. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CURA4U Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of CURA4U Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will CURA4U be liable in any way for any content, materials or services of, or provided by or on behalf of, any third parties (including users or health care providers), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that CURA4U does not pre-screen content, but that CURA4U and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, CURA4U and its designees will have the right to remove any content that violates these Terms of Service or is deemed by CURA4U, in its sole discretion, to be otherwise objectionable. The Services help you find and source certain third-party health care services provided by or on behalf of independent third party Providers not related to CURA4U. CURA4U does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such health care services nor the Providers. By using the Service, you agree to hold us free from the responsibility for any liability or damage that might arise out of the transactions involved. As a user, by posting any content in our directory, or letting us do the same, you give us license to use your content, including any content, information, and any names, etc., in promotion of our directory and Services. NEITHER CURA4U NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY THIRD-PARTY PROVIDER NOR ANY USER OF THE SERVICES. ANY INDIVIDUALS WHO PROVIDE ANY THIRD PARTY SERVICES ARE NOT EMPLOYEES NOR CONTRACTORS OF CURA4U, AND CURA4U IS NOT RESPONSIBLE FOR THEIR ACTIONS OR INACTIONS NOR FOR ANY SERVICES THEY PROVIDE (OR FAIL TO PROVIDE).You acknowledge that the list of health care providers listed on the Service may not be a complete list of every health care provider within the specified specialty category or specified distance of the address specified and may not be updated on a regular basis even if we have been advised of incorrect or incomplete information. While we take commercially reasonable steps to ensure the information contained about a particular health care provider is accurate and complete, we rely on information reported by the health care provider, which might not be accurate, complete, and/or updated on a regular basis. We are not responsible for content or services descriptions from health care providers.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By voluntarily providing us with User Content, which may include Personal Information (as defined in the Privacy Policy), you are consenting to our use of Personal Information in accordance with these Terms of Service and our Privacy Policy. You also agree that any User Content you submit through the Service that is communicated to our partners, affiliates, and medical providers will be accurate and complete. By uploading any User Content you hereby grant and will grant CURA4U and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service, the promotion, advertising or marketing thereof, the improvement of the Service, and as aggregated and/or de-identified for any lawful purpose in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to CURA4U are non-confidential and CURA4U will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that CURA4U may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CURA4U, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.CURA4U does not provide any medical advice or services, and should not be relied upon as a substitute for consultations with qualified professionals who are familiar with your individual needs. The Providers (and not we) are solely responsible for all content and any health care services they provide. CURA4U shall have no liability whatsoever to you for acts, omissions, care, or lack thereof, from Providers. We are not responsible for any disputes between Providers and you (e.g., resulting from the health care services they provide or are supposed to provide).

Government Use: The Services include "commercial computer software" and related documentation within the meaning of Federal Acquisition Regulation 2.101, 12.212, and 27.405-3 and Defense Federal Acquisition Regulation Supplement 227.7202 and 52.227-7014(a). The Services are highly proprietary to us and our licensors. You shall ensure that all Users, including those that are representatives of the U.S. Government or any other government body, are permitted to use the Services only as expressly authorized under this Agreement. Neither you nor any government body shall receive any ownership, license, or other rights other than those expressly set forth herein, irrespective of: (a) whether you are an agency, agent, or other instrumentality of the U.S. Government or any other government body, (b) whether you are entering into or performing under this Agreement in support of a U.S. Government or any other government agreement or utilizing any U.S. Government or any other government funding of any nature, or (c) anything else.

6.0 Confidentiality

Definition: The term "Confidential Information" means the provisions of a Services Agreement, and any and all information, written or oral, provided or made available by or on behalf of one party or its affiliates, contractors, or vendors to the other party or its affiliates, contractors, or vendors in connection with this Agreement or the parties’ relationship hereunder, whether or not designated as confidential. Information of a third party to whom a party owes a duty of confidentiality will be treated as Confidential Information of that party if it meets the description above. However, Confidential Information does not include information that: was or is publicly available other than as a result of breach of this Agreement by Recipient (as defined below); was or is lawfully received by the Recipient free of any obligation of confidentiality; or, is independently developed by or on behalf of the Recipient without use of the Discloser’s Confidential Information.

Obligations: Each party (“Recipient”) will not access or use Confidential Information of the other party (“Discloser”) for any purposes other than performance of its obligations or receipt of benefits hereunder and shall maintain such information in the strictest confidence, except for disclosures expressly authorized hereunder. Recipient may disclose the Discloser’s Confidential Information to Recipient’s employees, attorneys, advisors, and contractors who have a legitimate “need to know,” provided that Recipient ensures that all such entities and persons are obligated to and do comply with confidentiality obligations consistent with (and no less restrictive than) this Section (Confidentiality), but in no event may you disclose any of our Confidential Information to any of our competitors (or any of their affiliates) or any employees or contractors of any such competitors. Recipient may additionally disclose the Discloser’s Confidential Information to the extent such disclosure is necessary in connection with the enforcement of this Agreement.

Compelled Disclosure: The Recipient may disclose Confidential Information of the Discloser if it is compelled by law to do so, provided the Recipient gives the Discloser prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Discloser’s cost, if the Discloser wishes to contest the disclosure. If the Recipient is compelled by law to disclose the Discloser’s Confidential Information as part of a civil proceeding to which the Discloser is a party, and the Discloser is not contesting the disclosure, the Discloser will reimburse the Recipient for its reasonable costs of compiling and providing secure access to such Confidential Information.

Privacy and User Information: For information about our data protection practices, please read our privacy policy, located at cura4u.com/home/policies. This policy explains how we treat User Data and protect your privacy when you use the Services, including any User Data collected through your subscription to our services. You agree to the use of User Data in accordance with our privacy policy.

User Data: As described more fully in our privacy policy, you grant us broad rights to use and exploit de-identified data, including de-identified User Data collected by us through your use of the Services, which rights continue even after this Agreement ends. Except for our limited rights to use User Data set forth throughout this Section and in our privacy policy, we acquire no right, title or interest from you or your Users under this Agreement in or to User Data, including any intellectual property rights therein.

7.0 Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURA4U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

CURA4U MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, PROVIDERS, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES, INFORMATION AND MATERIALS ARE PROVIDED “AS IS”, AND WE EXPRESSLY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, OR HAVE BEEN ADVISED OF ANY SUCH PURPOSE); (B) ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY USERS AS A RESULT OF PROVISION OR USE OF THE SERVICES AND MATERIALS PROVIDED HEREUNDER; AND (C) ANY WARRANTY OF UNINTERRUPTED, TIMELY, OR ERROR-FREE OPERATION OF ANY SERVICES. NO ADVICE OR INFORMATION, WHETHER WRITTEN, ORAL OR MULTIMEDIA, OBTAINED BY YOU FROM THE SERVICES SHALL CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

RISK OF INACCURACY OF INFORMATION: YOU ACKNOWLEDGE THAT MANY FEATURES PROVIDED BY THE SITE ARE INTENDED TO AGGREGATE AND MANAGE THIRD PARTY DATA AND INFORMATION FROM NUMEROUS SOURCES. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, OR SAFETY OF SUCH INFORMATION. YOU WAIVE ANY CLAIMS YOU MAY OTHERWISE HAVE, AND YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INCONVENIENCES YOU MAY SUFFER AS A RESULT OF INACCURATE OR INCOMPLETE DATA OR INFORMATION PROVIDED TO YOU OR YOUR USERS BY THE SERVICE, including any inaccuracies associated with subscription services.

Beta Services: From time to time, we may invite you to try our products or services that are not generally available to all the customers ("Beta Services"). You may accept or decline any such trial in your sole discretion. Any Beta Services will be clearly designated as Beta, pilot, limited release, developer preview, non-production, or by a description of similar import. Beta Services are provided for evaluation purposes and not for production use, are not supported under our support plan, may contain bugs or errors, and may be subject to additional terms. BETA SERVICES ARE NOT CONSIDERED "SERVICES" HEREUNDER AND AREPROVIDED "AS IS" WITH NO EXPRESS OR IMPLIED WARRANTY. We may discontinue Beta Services at any time in our sole discretion.

8.0 Indemnification

You shall defend us against any claim, demand, suit or proceeding made or brought against us by a third party: (a) arising out of the receipt or provision of professional or medical services offered, sold, purchased, or arranged via the CURA4U platform; (b) alleging that User Data or your use of the Services, including subscription services, infringes or misappropriates the intellectual property rights of a third party; (c) alleging that User Data or your use of the Services violates applicable law; (d) arising from any data or security breach caused by you; and/or (e) related to a dispute between you and such third party (whether you are a provider or a patient) (a "Claim You Cover"), and you shall indemnify us for any damages, attorney fees and costs as a result of, or for any amounts paid by us in respect of a Claim You Cover; provided that we: (i) promptly give you written notice of the Claim You Cover; (ii) give you sole control of the defense and settlement of the Claim You Cover (provided that you may not settle any Claim You Cover unless the settlement unconditionally releases us of all liability); and (iii) provide to you all reasonable assistance, at your expense.

9.0 Limitation of Liability

You agree that you will hold harmless CURA4U and its officers, directors, employees and volunteers from all claims arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked. This includes, but is not limited to, information or materials viewed or downloaded from this Website or another website to which it is linked that appear to you or are construed by you to be obscene, offensive, defamatory, or that infringe upon your intellectual property rights. In no event will CURA4U or the contributors of information to this Website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if advised of the possibility of such damages. If you are a resident of California, you specifically waive California Civil Code §1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. IN NO EVENT SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY BUSINESS INTERRUPTION, LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. HOWEVER, IN SUCH EVENT, YOU AGREE THAT SUCH LIMITATIONS OF LIABILITY ARE REASONABLE AND ARE FUNDAMENTAL ELEMENTS FOR THE SCOPE OF THE SERVICE AND THE FEES CHARGED TO YOU. YOU UNDERSTAND AND ACKNOWLEDGE THAT WE WOULD NOT BE ABLE TO OFFER THE SERVICE TO YOU WITHOUT THESE LIMITATIONS.

10.0 Term and Termination

Term: This Agreement commences on the Effective Date and continues until all User subscriptions granted in accordance with this Agreement and/or a Services Agreement have expired or been terminated or, if you do not have a subscription, until you discontinue use of the Site and Services.

Termination: You agree that CURA4U, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if CURA4U believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. CURA4U may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice and CURA4U may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service subject to any legal requirements under medical records retention and access laws. Further, you agree that CURA4U will not be liable to you or any third party for any termination of your access to the Service.

11.0 Arbitration

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof, including any disputes related to subscriptions, shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such an arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Atlanta, Florida, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of Florida, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties and may be entered in any court of competent jurisdiction for enforcement. Enforcement of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover the attorney’s fees and costs up to $1000.00.

• Jurisdiction and Venue: The courts of Duval County in the State of Florida, USA and the U.S. District Court for the Northern District of Florida, Jacksonville Division shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.
• Controlling Law: This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
• Force Majeure: We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond their reasonable control and without their fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

12.0 Miscellaneous

These Terms of Service, in conjunction with the Privacy Policy, constitute the entire agreement between you and CURA4U and govern your use of the Service, superseding any prior agreements between you and CURA4U with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third-party software. The failure of CURA4U to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such a right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arisen out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of CURA4U, but CURA4U may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles or headings in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Notice to CURA4U must be in writing, sent via registered mail or nationally recognized overnight courier, with a duplicate copy to the legal department, with confirmation of delivery. The Service may also provide notices to you about changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, disease, epidemic, pandemic, earthquakes or floods, civil disorder, strikes, fire or other disaster.