The CureMD website (“Site”) is owned and operated by CureMD.com, Inc. (“CureMD”). The Site is intended to be used by physicians and all other individuals that wish to use the Site’s functionality (“You” or as the context provides “Your”).
These Terms of Use (“Terms of Use”) state the terms and conditions based on which the CureMD Site is made available to You, and Your access and/or use of this Site. These Terms of Use are a binding agreement between CureMD and You. The Terms of Use shall remain effective at all times until You cease Your use of this Site subject to the survivability provisions stated herein. This Site is provided as a service to its visitors, including the clients of CureMD. You may be required to register an account with CureMD in order to access certain features of the Site.
Privacy
The Site’s Privacy Policy, available at https://www.curemd.com/privacy.asp, applies to use of the Site, and its terms are hereby incorporated and made a part of these Terms of Use.
Access and Use
You agree to notify CureMD immediately of all unauthorized use of the Site and if the security or secrecy of the Site has been compromised due to Your actions. You may be held responsible for any losses incurred by CureMD or any other user of the Site, that are in any way related to Your violation of the Terms of Use. You are solely responsible for ensuring that all Your use of the Site is in compliance with the Terms of Use.
Emergency Situations
The Site, and any content therein, shall under no circumstances be construed as a substitute for medical diagnosis or treatment by a professional healthcare provider, and shall under no circumstance be construed as a recommendation or endorsement of any physicians, drugs, products, or procedures. Your reliance on any information posted on the Site is at Your own risk. The verification of the accuracy of any information sent or received by You through this Site, is solely Your responsibility. The CureMD Site is not meant for use in emergency or urgent situations; in any such situation You should immediately contact Your local emergency services.
Freedom of Choice
You acknowledge that Your use of the CureMD Site is voluntary and You are aware that there are other forms of solutions available for use.
Proprietary Rights
The registered trademarks of CureMD may not be used without prior permission. Any third party trademark(s) that appear on the Site are the property of their respective owner(s). All information contained in the CureMD Site, including, without limitation, design, animations, text, applets, illustrations, audio, data, images, music, photographs, video graphics, the selection and arrangement thereof, and software (the “Content”), are owned and/or controlled by CureMD and/or its affiliates, and protected by worldwide copyright, trademark and other intellectual property laws. Under no circumstances shall the name of CureMD be used in any advertising or publicity without the express prior written permission of CureMD. All images used on this Site are owned or licensed by CureMD for use on this Site only. Unauthorized use is prohibited.
Links to Third Party Sites
The CureMD Site may also contain the links to web-sites of third parties who may or may not be affiliated with CureMD ("Linked Sites"). CureMD does not own or have any control over the Linked Sites and is not responsible for the content or links posted thereon, or any changes or updates to Linked Sites. CureMD is not bound by the terms and conditions, if any, of these Linked Sites, nor does it make any endorsements of the Linked Sites. Under no circumstance shall CureMD be held liable for any direct or indirect damage resulting from Your visit or use of the Linked Site or its products and services.
Information Provided to the Site
CureMD acknowledges and agrees that the data or information that is compiled or passed through the Site, specifically relating to You, and all rights, title and interest therein, is and shall remain the exclusive property of You. Notwithstanding the aforesaid, to the extent permitted by the Privacy Policy and any other applicable laws and regulations, You agree to grant CureMD an
irrevocable, perpetual license to use the data, in a de-identified format for research and development purposes. You warrant and represent that the information You provide on the Site is up to date, complete and accurate.
Prohibited Conduct
In addition to any conduct expressly prohibited throughout these Terms of Use, during Your access and use of the Site, You agree that You will not:
Communications
By providing CureMD with a cell phone number ("Contact Information"), you consent to receive communications via SMS related to healthcare services for operational or informational purposes (“Communications"). Your consent is based on the communication preferences set in your account. You understand that you may (i) unsubscribe from text messages at any time by replying STOP, and (ii) reply HELP at any time to get support. Opting out of text messages may impact your ability to fully utilize the Services. CureMD, may use an automated dialing system to send Communications. CureMD shall only share your cell phone number with third-parties for the purposes of sending the Communications, which includes sending alerts and two factor authentications. CureMD will not share the Contact Information with third-parties for the purposes of promotional marketing. Message and data rates may apply depending upon your service provider. Message frequency may vary. CureMD does not impose a separate fee for sending Communications. You acknowledge that it is your sole responsibility to provide complete and accurate Contact Information. You are also responsible for updating Contact Information if it changes. CureMD is not responsible or liable for: (i) Communications sent to outdated or incorrect Contact Information; or (ii) delay or non-delivery of Communications.
Termination
CureMD may terminate Your access to any part or all of the CureMD Site at any time, with or without cause and with or without notice.
Modifications to Terms of Use
CureMD reserves the right to change the Terms of Use regarding the use of the CureMD Site at any time and to notify You by posting an updated version of the Terms of Use on the Site. You are responsible for regularly reviewing the Site to keep track of any changes or modifications. Continued use of the CureMD Site after any such changes shall constitute Your consent to such changes.
DISCLAIMERS, EXCLUSIONS AND LIMITATIONS:
As used below in this section, “CureMD” refers to its owners, its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers, volunteers and suppliers.
DISCLAIMER OF WARRANTIES:
THE SITE, ITS CONTENT AND ANY INFORMATION INCLUDED ON OR PROVIDED THROUGH THE SITE IS PRESENTED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CUREMD DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, ACCURACY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY AND EXCLUSION OF DAMAGES:
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL CUREMD OR THE THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY CHARACTER WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE SITE AND/OR ITS CONTENT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS OF USE, WHETHER IN AN ACTION IN BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT OR ANY OTHER THEORY OF LIABILITY, AND EVEN IF THE PARTY HAS BEEN ADVISED OF OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNITY
You agree to defend, indemnify, and hold us and our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your violation of these Terms of Use.
Miscellaneous
The following sections shall survive the expiration or termination of these Terms of Use for any reason whatsoever: Disclaimers, Exclusions and Limitations, Indemnity, Prohibited Conduct, Proprietary Rights and clauses relating to governing law and jurisdiction. These Terms of Use shall be governed, construed and applied in all respects by the laws of the State of New York, without regard to any provision governing conflicts of law, and any dispute arising out therefore shall be brought before the federal or state courts located in the State of New York. If any provision of these Terms of Use are ruled by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision(s) shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best furthers the intent of these Terms of Use, with all remaining provisions remaining in full force and effect. These Terms of Use and the Privacy Policy constitute the entire agreement between You and CureMD with regard to Your access and use of the Site. No counter-offers to these Terms of Use shall be accepted by CureMD, and CureMD rejects all such counter-offers. CureMD’s failure or delay to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver of any provision or any right that CureMD has to enforce these Terms of Use. These Terms of Use do not confer any rights or remedies on any third parties.
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