Curative Website Terms and Conditions
Welcome to the Curative Inc., (“Curative.”, “we”, “our” or “us”) website at https://curative.com (or successor, and subsidiary URLs) (collectively, the “Site”). The following Terms of Use for the Site is a legal contract between you, either an individual visitor or user who is the age of majority in your jurisdiction, and Curative regarding your use of the Site. Visitors and users of the Site are referred to individually as “User” and collectively as “Users”. Read these terms of use carefully. By accessing, browsing or using the site you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, including future modifications (Collectively the “Terms of Use” or “Agreement”). Curative reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms of Use, such amended terms will automatically be effective thirty (30) days after they are initially posted on the Site.
Eligibility. THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF MAJORITY IN THEIR JURISDICTION OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY CURATIVE. By using the Site, you represent that you are at least the age of majority in your jurisdiction and have not been previously suspended or removed from the Site by Curative.
Secure messaging and Electronic Communications. Curative provides interactive services to communicate with a pharmacist, appointment requests, chat with a provider, and view medical records. To the extent permitted by applicable law, by using this Website, you consent to receiving electronic communications from us. In using these features, you agree you will not upload or transmit any content that infringes upon or violates any rights of any party. You should take appropriate precautions to protect personal and confidential information and use your devices in a secure and responsible manner. Curative is not responsible for the security of your use and your device. No system can guard against risks of intentional intrusion or inadvertent disclosure of information, we make no guarantee as to confidentiality or security beyond what is required by applicable law. You acknowledge that neither Curative nor its affiliates are liable for delayed or corrupt messages.
Payment Card. If you are issued a payment card for health visits the use of the card is governed by these Terms of Use, your policy and the third-party issuer of the card (see Celtic Bank User Terms).
Privacy Policy. Your privacy is important to Curative. Curative’s Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this notice carefully for information relating to Curative’s collection, use, and disclosure of your personal information.
Ownership; Proprietary Rights. The Site is owned and operated by Curative. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), abstracts, articles, videos, press releases, news releases, and all other elements of the Site provided by Curative (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the Site are the property of Curative or its affiliates and/or third-party licensors. Curative hereby grants you a nontransferable, nonexclusive license to use the information and other Materials contained on the Site solely for your own personal non-commercial use and information. You may download and/or print a single copy of any of the Materials contained herein for your personal use; however, you shall not otherwise reproduce, display, publish, distribute, sell, license, modify, publicly perform, transmit, publish, edit, adapt, create derivative works from, or incorporate the Materials into other documents, websites, or publications or otherwise make unauthorized use of the Materials. Curative reserves the right to modify, in part or in whole, or temporarily or permanently discontinue or remove any Materials from the Site, at any time without notice to you, and without liability to you. All trademarks, logos, and service marks displayed on the Site, whether registered or unregistered, are owned exclusively by Curative or its affiliates and/or other third parties. Nothing contained in these Terms of Use, nor your use of the Materials, shall be construed as granting you any license or right in or to any trademark, logo, or service mark. Curative reserves all rights not expressly granted in these Terms of Use.
No Medical Advice. BY USING THE SITE, YOU ACKNOWLEDGE THAT Curative IS PROVIDING THE MATERIALS FOR INFORMATIONAL PURPOSES ONLY AND THAT THE MATERIALS ARE NOT PROVIDED TO YOU FOR THE PURPOSE OF GIVING YOU MEDICAL ADVICE OR INSTRUCTION ON THE APPROPRIATE USE OF PRODUCTS OR SERVICES PRODUCED OR SUPPLIED BY Curative, ITS AFFILIATES, OR ITS PARTNERS, LICENSORS, OR SUPPLIERS. YOU SHOULD NOT RELY ON THE MATERIALS IN THE SITE IN DECIDING ON A TREATMENT PLAN OR IN EVALUATING ANY OTHER MEDICAL ADVICE REGARDING ANY DISEASE OR MEDICAL CONDITION, AND Curative, ITS AFFILIATES, AND ITS PARTNERS, LICENSORS AND SUPPLIERS STRONGLY URGE THAT YOU CONSULT WITH A PHYSICIAN IN CONNECTION WITH ANY AND ALL TREATMENT OPTIONS THAT MAY BE AVAILABLE TO YOU. THE PRODUCTS DESCRIBED ON THIS SITE ARE SUBJECT TO FEDERAL LAW GOVERNING THE USE AND SALE OF SUCH PRODUCTS AND ARE NOT APPROVED FOR SALE OR CLINICAL USE IN THE UNITED STATES. NOTHING IN THIS SITE IS INTENDED TO CONSTITUTE A CLAIM OR INDICATION FOR CLINICAL USES OF THE PRODUCTS DESCRIBED. THE CLINICAL INDICATIONS AND RECOMMENDED USES OF THE PRODUCTS DESCRIBED ON THIS SITE ARE LIMITED SOLELY AND EXCLUSIVELY TO THOSE EXPRESSLY STATED IN THE INDICATIONS FOR USE FOR SUCH PRODUCTS AS APPROVED BY FEDERAL REGULATORY AUTHORITIES.
Prohibited Conduct.
BY USING THE SITE YOU AGREE NOT TO:
Use the Site for any purposes other than to access information offered by Curative;
Rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein or any Materials;
Impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Site, or perform any other similar fraudulent activity;
Delete the copyright or other proprietary rights on the Site;
Use the Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Site, features that prevent or restrict use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site;
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; or
Intentionally interfere with or damage operation of the Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Third-Party Sites, Products and Services; Links. The Site may include links or references to other external websites or services solely as a convenience to Users (“Reference Sites”). Links on Reference Sites may lead to resources located on servers maintained by third parties over whom Curative has no control. Curative does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES IS SOLELY AT YOUR OWN RISK.
Termination.
Curative. You agree that Curative, in its sole discretion, for any or no reason, and without penalty, may terminate your use of and access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or portion thereof may be effected without prior notice, and you agree that Curative will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Curative may have at law or in equity.
You. Your only remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms of Use, (iii) any policy or practice of Curative in operating the Site, or (iv) any content or information transmitted through the Site is to discontinue use of any and all parts of the Site.
Indemnification. You agree to indemnify, save, and hold Curative, its affiliates, contractors, employees, agents and its partners, licensors, and suppliers harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Site and/or the Materials, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. Curative reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Curative, and you agree to cooperate with Curative’s defense of these claims. Curative will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Curative AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY CLAIM BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. THEREFORE, YOU AGREE THAT WE HAVE NO LIABLITY FOR ANY LOSS ARISING OUT OF OR RELATING TO ONLINE SERVICES AND ANY THIRD PARTY SITE OR PROGRAM ACCESSED THROUGH ONLINE SERVICES.
Governing Law and Statute of Limitations.
This Agreement or any dispute arising from this Agreement is governed by the laws of Texas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought in Texas in state and federal courts. Unless otherwise prohibited by state law you must initiate any cause of action one year after the claim has arisen.
Effective Date, Date Last Modified:
This agreement is effective as of DECEMBER 2023
Curative Contact Information:
If after reviewing this agreement, you would like to submit a request, opt-out or you have any questions or privacy concerns, please contact us by email at at: privacy@curative.com or via physical mail at:
Curative attn Privacy officer
900 Congress Avenue
Suite 500
Austin, TX 78701