Welcome to Curēus, the online community and resource for physicians and patients. The website is owned and operated by Curēus, Inc, PO Box 61002 Palo Alto, CA 94306 USA ("Curēus"). This website and contents are designed to comply with U.S. laws and regulations.
By accessing or using our web site at www.cureus.com (the "Site" or “Service”) or by posting on the site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Curēus. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
1. Services
Description. Curēus provides or may provide, among other things described on the Site, information, products and services, as well as information and advertising relating to topics, products and services offered by third parties (each a “Provider”) that may be of interest to healthcare professionals and patients. Curēus is not acting as your agent nor the agent of any Provider. Furthermore, Curēus is not a party to any agreement that you may enter into with a Provider.
Not Recommendations. You may choose to use or not to use the information contained on the Site and/or the services provided through the Site and/or the information, services and/or products provided by any Provider. Curēus does not recommend, advise, or prefer that you use any particular Provider. In all cases, you should make your own judgments as to which Providers to use, if any. Any Provider that contacts you is solely responsible for its information, products and/or services to you, and you agree that Curēus shall not be liable for any damages or costs of any type arising out of or in any way connected with your use or purchase of any Provider’s services or products or any act or failure to act of any Provider. Any self-reported information that you submit to Curēus is a request by you for further information about services and/or products that may be provided to you by Providers. You may have to complete an application with, or provide other information to, a Provider before any Provider can extend any offer to you, and Curēus makes no representation that any Provider will extend any offer to you. Furthermore, Curēus does not guarantee that the terms, rates or prices offered and/or made available to you by any Provider that contacts you will be the best or lowest terms, rates or prices available in the market.
2. SECURITY
This Site is intended by Curēus to require a valid, working e-mail address and password (“ID”) to access and use certain areas of the Site. You are solely responsible for (1) any damages or losses that may be incurred or suffered as a result of You or Your failure to maintain the strict confidentiality of Your ID, and (2) promptly informing Curēus in writing of any need to deactivate an ID due to potential or actual security concerns. Curēus is not liable for any harm related to the theft of Your ID, Your disclosure of Your ID, or Your authorization to allow another person or entity to access and use the Site using Your ID. You agree to immediately notify Curēus in writing of any unauthorized use of Your ID.
3. MEDICAL DISCLAIMERS
The Materials available through this Site are for informational and educational purposes only and are not a substitute for the professional judgment of a health care professional in diagnosing and treating patients. Neither the content nor any other service offered by or through this site is intended to be for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Curēus, Inc. is not responsible or liable for any claim, loss, or damage arising from the use of the information. Curēus does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses or other information that may be mentioned on the site. Your reliance upon the information obtained or used by you at or through this Site is solely at Your own risk.
4. REPRESENTATION
As a user of this Site, you are liable for the accuracy of the information that you provide to us, including, but not limited to, your personal and professional representation. as provided in Section 3. you hereby certify that you are not a paid consultant or have any other financial interests in the information you provide to this Site including, but not limited to the promotion of "off-label" drug uses, the disclosure of confidential clinical trial or other proprietary information, unless such interests are clearly disclosed.
5. PATIENT DATA AND LEGAL COMPLIANCE
The Materials provided through the Site may enable you to transmit, store, review or receive confidential patient information ("Patient Information"). State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to make use of certain Patient Information or to transmit certain information to third parties. You represent and warrant that you will, at all times during the term of this Agreement and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, at all times during the term of this Agreement and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Site. You agree that Curēus, Curēus’s licensors and licensees, and all other persons or entities involved in the operation of the Site, have the right to monitor, retrieve, store, review and use Patient Information, if applicable, in connection with the operation of the Site, and are acting on your behalf in transmitting Patient Information. WE CANNOT AND DO NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO Curēus) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL CUREUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE SITE OR ITS INFORMATION, OR (2) RELIANCE ON THE CONTENT AND MATERIALS ON THE SITE; OR (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BAORDS OR (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION OR "OFF-LABEL" DRUG PRODUCTS WITH REGARD TO THE INFORMATION CONTAINED WITHIN THE SITE OR (6) ANY OTHER FAILURE TO PERFORM BY CUREUS OR CUREUS’s CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS OF WHETHER CUREUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUREUS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. Curēus and its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained on the Site. Curēus may make changes to the Site, or to the services and/or products described therein, at any time without notice. Curēus makes no commitment to update the information on the Site.
7. INDEMNITY
You agree to defend, indemnify and hold Curēus, its parents, subsidiaries, affiliates and their respective members, directors, officers, employees, stockholders and agents harmless against any losses, expenses, costs or damages (including Curēus’s reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) Your breach of this Agreement, (2) Your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using Your ID.
8. SITE CONTENT AND USER SUBMISSIONS
All content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Curēus, its users or its licensors with all rights reserved. Your access to the Site is under license from Curēus, which may be terminated at any time for breach of these Terms of Use.
Unless otherwise agreed in writing prior to Your submission, any material, information or other communication You transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). Curēus will have no obligations with respect to the Communications.
Curēus hereby grants You a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Curēus Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to Your own contributions and does not grant You rights to republish the contributions or postings of other Curēus members.
Curēus and its designees will be free to use for any purpose, copy, disclose, sell, distribute, perform, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Curēus shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such information. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered a trespass and computer fraud and abuse, punishable under state and federal laws.
Curēus hereby notifies You that any or all communications with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary by Curēus in its sole discretion and without further notice. You are reminded that Curēus does not collect personal health information about individuals. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, which took effect on April 14, 2003, allows for the use of de-identified health information so long as identifiers have been "stripped" and a key is not disclosed that would allow the information to be re-identified. Curēus does not possess a key to re-identify patient data.
Personal Profile:Once a registered participant, You may provide additional information in Your personal profile describing your credentials, professional experiences, academic background, biography and the like. Your personal profile shall be available for viewing by other registered participants of Curēus and will be considered non-confidential and non-proprietary. Providing additional information in Your personal profile beyond what is required at registration is entirely optional and can be altered or removed by You at any time.
11. LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control of Curēus and Curēus is not responsible for nor does it certify the content of any linked site or any link contained in a non-affiliated linked site. Curēus reserves the right to terminate any link or linking program at any time. If You decide to access any of the third party sites linked to this Site, You do this entirely at Your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Curēus shall not be responsible for notification of any change in name or location of any information of the Site. Curēus reserves the right to request any web site administrator to disable or remove any link that violates any rights of Curēus or causes interruption or deterioration of information provided by Curēus. Failure to abide by this request shall be dealt with as provided in this section.
12. APPLICABLE LAWS
This Site is controlled by Curēus from its offices within the State of California. Curēus makes no representation that information in this Site is appropriate for use in other locations, and access to this Site from territories where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the information in violation of United States export laws or regulations. Any claim relating to the Site shall be governed by the internal substantive laws of the State of California.
13. DISPUTE RESOLUTION
Any dispute between Curēus and You arising out of this Agreement shall be resolved first by direct communication with one or more of Curēus’s management team members. Should Curēus and You be unable to resolve the dispute by communication and both You and Curēus jointly agree to do so, Curēus or You may submit any dispute arising out of or relating to this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association nearest the place of Curēus’s headquarters and pursuant to Washington law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for and hold them harmless from all losses, costs, and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
14. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy, and any other Curēus policy which is incorporated herein by this reference, contains the entire agreement between You and Curēus relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of Curēus’s employees.
15. TERMINATION
Your right to access and use the Site and/or Materials immediately terminates without further notice upon Your breach of this Agreement. Curēus may terminate this Agreement and/or Your right to use the Site at any time, with or without cause. Curēus reserves the right to discontinue or make changes to the Site at any time.
16. ASSIGNMENT
Curēus may assign this Agreement, in whole or in part, in its sole discretion. You may not assign your rights under this Agreement without Curēus’s prior written permission. Any attempt by you to assign your rights under this Agreement without Curēus’s permission shall be void.
17. GENERAL
No Waiver. Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
Force Majeure. Curēus shall not be liable for any failure or unavailability of the Site or failure by Curēus to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism or any other event beyond Curēus’s control.
Notice. Curēus may deliver notice to You under this Agreement by means of electronic mail, a general notice on http://www.Curēus.com, or by written communication delivered by first class U.S. mail to Your address on record in Curēus’s account information. You may give notice to Curēus at any time via electronic mail to [info@Curēus.com] or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address:
Curēus, Inc.
PO Box 61002
Palo Alto, CA 94306
Attn: Curēus Legal Department
Electronic Mail:
info@cureus.com
If You object to any material found on this Site, please bring Your concerns to the attention of [info@cureus.com]. The Site administrator reserves the right to remove any material alleged to be infringing any third-party rights pending further investigation.
Invalidity. If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, the provision or provisions in question shall not be invalid, inoperative or unenforceable in any other case or circumstance, nor shall any other provision or provisions herein contained thereby be or become invalid, inoperative or unenforceable and such provision shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances.