myCuratio Technology Terms and Conditions of Use

Last updated December 1st, 2015.
Basically,

These Terms describe what you can and cannot do with the myCuratio Technology as well as your rights and obligations when you use the myCuratio Technology.
Legally,

These Terms and Conditions of Use (the “Terms”) apply to your access and use of the myCuratio provider portal website (the “Site”) provided by Curate Health, LLC. (referred to as “Curate Health,” “we,” or “us”). The Site is part of system owned or controlled by Curate Health, which includes websites and mobile applications (the “App”) (collectively, the Site and the App are referred to as “myCuratio Technology”).

Acceptance of Terms of Use

Basically,

By accessing and using the myCuratio Technology, you are accepting the terms and conditions set out in these Terms.

We may supplement these Terms with additional obligations and restrictions in other documents and agreements.

Legally,

Please read these Terms carefully before accessing or using the myCuratio Technology. You must read, agree with, and accept all of the terms and conditions contained in these Terms, which includes those terms and conditions expressly set out below and those incorporated by reference, before you access or use the myCuratio Technology. The disclaimers, terms, and conditions herein are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application disclosed by Curate Health or its partners or affiliates, including through a registration process or other means. In the event of a conflict between these Terms and any additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms, or conditions of specific application will control.
Basically,

Do not access or use the myCuratio Technology if you do not agree to be bound by these Terms.
Legally,

DO NOT ACCESS OR USE THE MYCURATIO TECHNOLOGY IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS.
Basically,

We can modify these terms and conditions at any time. We will always post the date these Terms were updated at the top of this webpage so that you know when they were updated. Accessing and using the myCuratio Technology after these Terms are updated will signify your acceptance of any modifications or changes we made to these Terms.
Legally,

We may modify these terms at any time by posting the revised terms on our website. You can determine when these terms were last revised by referring to the “last updated” legend at the top of this webpage. Any modifications will be effective immediately upon such posting. Your use of or access to the myCuratio Technology after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these terms shall not apply to any dispute between us arising prior to the date on which we post the revised terms that contain such modifications.
Basically,

The myCuratio Technology is licensed and not sold. If you do not accept these terms and conditions we are unwilling to license the myCuratio Technology to you.
Legally,

Curate Health is willing to license, not sell, the myCuratio Technology to you only upon the condition that you accept all the terms contained in these Terms. By accessing or using the myCuratio Technology, you indicate that you understand these Terms and accept all of its terms and conditions. If you do not accept the obligations and restrictions in these Terms, then Curate Health is unwilling to license the myCuratio Technology to you.

Description Of the myCuratio Technology

Basically,

The myCuratio Technology is an information sharing platform only. Curate Health owns the design and function of the myCuratio Technology as well as its contents.
Legally,

myCuratio Technology facilitates the electronic collection, sharing, transmittal, and processing of patient health information and related data, including personally identifiable information (“Health Information”), that is maintained by participating hospitals and physician health care groups (“Participant”) through our Internet-based patient health care coordination system consisting of this Site and a patient App. The myCuratio Technology is an information sharing tool only. The design and function of the myCuratio Technology and its contents, such as text, graphics, images, audio and video files, user help files, Health Information, layout and presentation, analytic and demographic data relating to your use of the myCuratio Technology, and other material contained in the myCuratio Technology (“myCuratio Content”) are for informational purposes only.

This Is Not Medical Advice

Basically,

Curate Health does not provide medical advice through the myCuratio Technology. The myCuratio Technology is merely an information sharing platform and does not constitute the practice of medicine.
Legally,

You agree that our provision of the myCuratio Technology, Health Information, or any other information provided through the myCuratio Technology do not constitute the practice of any medical, nursing, or other professional health care advice, diagnosis, or treatment.

GO TO THE EMERGENCY ROOM OF A LOCAL HOSPITAL OR DIAL 911 IMMEDIATELY IN THE EVENT OF AN EMERGENCY.

Basically,

We do not control or recommend anything that is transmitted through the myCuratio Technology. You are solely responsible for evaluating the reputation and truthfulness of any information you receive through the myCuratio Technology. We do not guarantee that any information you receive through the myCuratio Technology will help you achieve the results you want. We have no responsibility or liability to you or any third party for the accuracy or completeness of the content transmitted through the myCuratio Technology.
Legally,

We do not control, recommend, or endorse any specific health care providers, treatments, products, services, information, or content provided by third parties on the myCuratio Technology. You are responsible for evaluating and deciding the reputation and truthfulness of specific health care providers, treatments, information, content, products, and services that may be available through the myCuratio Technology. DO NOT USE THE MYCURATIO TECHNOLOGY OR ANYTHING YOU FIND ON THE MYCURATIO TECHNOLOGY AS A SUBSTITUTE FOR MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE DO NOT MAKE ANY GUARANTEE ABOUT THE RELATIONSHIP BETWEEN ANY PATIENT OR INDIVIDUAL AND ANY HEALTH CARE PROVIDER, OR WHETHER ANY INFORMATION, PRODUCTS, OR SERVICES FOUND ON THE MYCURATIO TECHNOLOGY WILL HELP YOU ACHIEVE THE RESULT(S) YOU WANT. Do not send US medical questions. WE ARE NOT RESPONSIBLE IF YOU RELY ON ANY CONTENT ON THE MYCURATIO TECHNOLOGY.
Basically,

Content in the myCuratio Technology originates from you, physicians, and other parties and not from Curate Health. The content can change at any time and we have no responsibility or liability related to the accuracy and completeness of the content.
Legally,

All Health Information to which access is made through the myCuratio Technology originates from you, physicians, treating health care professionals, and other parties and not from us. All such Health Information is subject to change arising from numerous factors, including, without limitation, changes to Health Information made at your request, changes in your health condition, the passage of time, and other factors. We neither initiate the transmission of any Health Information nor monitor the specific content of Health Information being transmitted. We have no responsibility for or liability related to the accuracy, content, currency, completeness, content, or delivery of any Health Information.

General Terms of Use and Restrictions On Use

Basically,

Curate health grants to you a limited and revocable license to use the myCuratio Technology subject to your compliance with these terms and restrictions. The myCuratio Technology is licensed and not sold. We have the right to investigate and prosecute violations of the software license granted in these Terms.
Legally,

Curate Health grants to you a limited, royalty-free, non-exclusive, personal, non-perpetual, and non-transferable license to use the myCuratio Technology and the services provided therein, subject to your compliance with these Terms. Any services provided via the myCuratio Technology are licensed, not sold, to you. You may utilize the myCuratio Technology and related service only as permitted by these Terms.

You shall not, and shall not allow any third party to:

  1. license, sublicense, sell, resell, transfer, assign, copy, distribute, or otherwise commercially exploit or make available to any third party the myCuratio Technology in any way;
  2. modify, adapt, alter, translate or create derivative works of the myCuratio Technology;
  3. create internet “links” to the myCuratio Technology or “frame” or “mirror” any myCuratio Technology on any other server or wireless or Internet-based device;
  4. use or merge the myCuratio Technology, or any component or element thereof, with other software, databases, or services not provided by Curate Health;
  5. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or structure of the myCuratio Technology;
  6. interfere in any manner with the operation of the myCuratio Technology;
  7. circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the myCuratio Technology;
  8. use any of the myCuratio Technology for unlawful purposes, including, but not limited to, sending or storing any unlawful material or for fraudulent purposes;
  9. use the myCuratio Technology to cause nuisance, annoyance, or inconvenience;
  10. try to harm the myCuratio Technology in any way whatsoever;
  11. develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with the myCuratio Technology;
  12. create a database by systematically downloading and storing the information provided via the myCuratio Technology; or
  13. use any robot, spider, app search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather the information provided on the myCuratio Technology or reproduce or circumvent the navigational structure or presentation of the myCuratio Technology without our express prior written consent.

Curate Health will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Curate Health may involve and cooperate with law enforcement authorities in prosecuting users who violate these terms.

Protect Your Personally Identifiable Information

Basically,

Your use of the myCuratio Technology is subject to the Curate Health Privacy Notice. By accessing and using the myCuratio Technology, you are expressly agreeing to our Privacy Notice.
Legally,

The Curate Health Privacy Notice, located at https://www.mycuratio.com/privacy describes how we collect and use your personally identifiable information. The information you place within the myCuratio Technology is subject to federal, state, and local laws regulating the privacy, security, and confidentiality of health information. Your access to the myCuratio Technology occurs through a secure, password protected connection; however, no information system can perfectly guard against the risks of intentional intrusion or inadvertent disclosure of information sent to us. When you use the myCuratio Technology, information transmitted over the Internet is beyond our control. Once we receive your information, your personally identifiable information will be treated as confidential and given the protections as set forth in our Privacy Notice.

Your myCuratio Technology Account

Basically,

You are solely responsible for any and all activity related to your myCuratio Technology account.We may modify, suspend, or close your myCuratio Technology account at any time and for any reason. We do not back up any data or information you upload or store in your myCuratio Technology account; therefore, it is your responsibility to have a backup of your data.
Legally,

You must immediately notify us of any known or suspected unauthorized use of your account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY RELATED TO YOUR ACCOUNT. ANY FRAUDULENT, MISLEADING, ABUSIVE, OR ILLEGAL ACTIVITY MAY BE GROUNDS FOR TERMINATION OF YOUR ACCOUNT AT OUR SOLE DISCRETION AND WE MAY REFER YOU TO APPROPRIATE LAW ENFORCEMENT AGENCIES.

By using the myCuratio Technology, you further agree that:

  1. You will not authorize others to use your account;
  2. You will not use an account that is subject to any rights of a person other than you without appropriate authorization;
  3. You will not impair the proper operation of the network;
  4. You will keep secure and confidential your account password or any identification we provide you which allows access to any of the myCuratio Technology;
  5. You will provide us with whatever proof of identity we may reasonably request;
  6. You will only use an access point or other data account which you are authorized to use;
  7. You will not use any of the myCuratio Technology with an incompatible or unauthorized device;

Curate Health reserves the right to immediately terminate any of the myCuratio Technology and the use thereof should you not comply with any of the above rules.

Deactivation Of Your Account

Basically,

We can modify, suspend, or close your account at any time and for any reason. We will have no liability to you or any third party if we suspend or remove your access to the myCuratio Technology. You must back up your data and content because we will export any of your information back to you.
Legally,

We may modify, suspend, or close your account or otherwise stop providing the myCuratio Technology in whole or in part at any time and for any reason. We will not be liable to you or any third party for suspension or termination of the myCuratio Technology. You will not be able to access any information on the myCuratio Technology once your access has been suspended or terminated or the myCuratio Technology itself has been shut down. YOU ARE RESPONSIBLE FOR MAKING SURE YOUR CONTENT AND OTHER INFORMATION YOU DESIRE IS PROPERLY BACKED UP SO YOU HAVE ACCESS TO IT IN THE EVENT OF LOSS, CORRUPTION, OR CESSATION OF THE MYCURATIO TECHNOLOGY. WE DO NOT EXPORT YOUR CONTENT, HEALTH INFORMATION, OR OTHER DATA DURING YOUR USE OF THE MYCURATIO TECHNOLOGY, OR PROVIDE YOUR CONTENT, HEALTH INFORMATION, OR OTHER DATA TO YOU WHEN YOUR ACCOUNT IS CLOSED.

Mobile Devices

Basically,

Your contract with your mobile network provider will still apply if you access and use the myCuratio Technology from your mobile device.
Legally,

Your contract with your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the App on your mobile device. You understand that your Mobile Provider may charge you fees for your use of its network connection while accessing or using the App, for data downloading, e-mail, text messages, for roaming, and other mobile provider or third party charges.
Basically,

We have no control over the Internet or mobile networks so the quality of the App may be affected by factors outside of our control. We do not guarantee that the App will be compatible with your mobile service provider’s service plan or your mobile device.
Legally,

You understand that the App is provided over the Internet and mobile networks, so the quality and availability of the App may be affected by factors outside our control. We do not guarantee that the App will be compatible or operate with your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device you install on or use with your mobile device. We are not responsible if the app is unavailable or if you cannot download or access the app content, for any compatibility or interoperability issues, or for any communication system failure which may result in the app being unavailable.

Your Content

Basically,

You are responsible for any information you upload to or transmit through the myCuratio Technology, including any change or update to that information. You are solely responsible for any loss or damage you incur from your information.
Legally,

Any change or update made to your Health Information and all other postings, text, images, messages, files, and/or other materials you post, transmit through, or link from the myCuratio Technology (collectively, “Your Content”) are your sole responsibility. The myCuratio Technology is a passive conduit and merely provide a means for the transmission and dissemination of Your Content. You agree that you will evaluate and bear all risk related to the use or any activities associated with any of Your Content. The results of any actions you take based on Your Content or other content you find on the myCuratio Technology are solely your responsibility. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind incurred as a result of the use of any of your content made available on the myCuratio Technology.
Basically,

We do not screen or approve any content you transmit through the myCuratio Technology and we do not monitor your content. We can review, monitor, distribute, remove, or delete your content at our discretion.
Legally,

We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, distribute, remove, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request or to edit, refuse to post, or to remove any information or materials, in whole or in part.

Without limiting the generality of the foregoing, the following is prohibited in any of Your Content:

  1. You may not upload, post, or transmit any message, data, code, or software that would violate our, or any third party, proprietary or intellectual property rights, including unauthorized copyright text, images, programs, trade secrets, or other confidential proprietary information, or use trademarks or service marks in an infringing fashion.
  2. You may not post, upload, or transmit photos or video of any third party without express, written permission. By uploading, transmitting, or posting any photo or video on or through the myCuratio Technology, you represent and warrant that you have express, written permission from all persons appearing in the media for all potential uses by the myCuratio Technology or Curate Health of such media.
  3. You may not upload, post, or transmit any advertisements or solicitations of business, chain letters, pyramid schemes, or bulk e-mail lists or upload, post, or transmit the same posting more than once.
  4. You may not collect personal or otherwise identifying data about other users for any reason whatsoever.
  5. You may not upload, post, or transmit any commercial advertisements or solicitations for conduct or services that would in any manner constitute threatening, harassing, harmful, or abusive behavior.
  6. You may not upload, post, or transmit any materials that are fraudulent or involve the sale of counterfeit or stolen items.
  7. You may not upload, post, or transmit any materials that could cause us to violate any applicable law, statute, ordinance, or regulation.
Basically,

You are giving us a perpetual, royalty-free license to use, copy, print, reproduce, modify, and distribute any content you transmit through the myCuratio Technology. You will indemnify Curate Health if we are subject to a third party claim related to the content you transmit through the myCuratio Technology.
Legally,

By uploading, transmitting, or posting Your Content, you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, edit, publish, post, transmit, and distribute Your Content in its entirety or in part. You agree to indemnify Curate Health, its affiliates and business partners, and their respective officers, directors, employees, or agents from any and all claims, damages, expenses, fees, liabilities, and losses, including attorneys’ fees, arising from any such materials or any failure to comply with this section.

Compatibility And Accessibility

Basically,

Curate Health will not be liable to you if you do not own or have access to a device that is compatible with the myCuratio Technology.
Legally,

You may only access the myCuratio Technology using authorized means. Curate Health is not liable if you do not have a compatible mobile device, browser, or any other software or hardware with which the myCuratio Technology is not compatible. Curate Health reserves the right to terminate the myCuratio Technology and the use thereof should you use the myCuratio Technology with an incompatible or unauthorized device.

You understand that the myCuratio Technology is provided over the Internet, so the quality and availability of the myCuratio Technology may be affected by factors outside our control. We do not guarantee that the MyCuratio Technology will be compatible or operate with your personal computing device or other piece of hardware, software, equipment, or device you install on or use with your personal computing device.

Unavailability

Basically,

Sometimes the myCuratio Technology will be unavailable because of technical errors or for maintenance. We do not guarantee that the myCuratio Technology will always be available to you.
Legally,

There may be times when the myCuratio Technology is unavailable due to technical errors or for maintenance and support activities. We do not represent, warrant, or guarantee that the myCuratio Technology will always be available or is completely free of human or technological errors. We are not responsible if the myCuratio Technology is unavailable or if you cannot download or access the myCuratio Technology content, for any compatibility or interoperability issues, or for any communication system failure which may result in the myCuratio Technology being unavailable.

Changes To The myCuratio Technology

Basically,

We can modify, temporarily suspend, or completely discontinue the myCuratio Technology at any time and for any reason. We can charge fees or waive fees for the use of the myCuratio Technology and we can offer discounts and opportunities to all or some of our customers at our discretion.
Legally,

We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to modify, suspend, or discontinue the myCuratio Technology; charge fees in connection with the use of the myCuratio Technology; modify and/or waive any fees charged in connection with the myCuratio Technology; and/or offer opportunities to some or all users of the myCuratio Technology.
Basically,

We will not be liable to you or any third party if we modify, suspend, or discontinue the myCuratio Technology.
Legally,

You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension or discontinuance of the myCuratio Technology, in whole or in part, or of any service, content, feature, or product offered through the myCuratio Technology.

Our Property Ownership And Trademarks

Basically,

You do not have any right, interest, or ownership in or to any of our intellectual property.
Legally,

Curate Health alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the myCuratio Technology and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party relating to the myCuratio Technology. You may not remove, alter, or obscure any copyright notice or any other proprietary notice that appears on or in the myCuratio Technology.
Basically,

You cannot use our name, logo, or product name without our permission.
Legally,

Curate Health’s name, logo, and the product names associated with the myCuratio Technology are trademarks of Curate Health, its affiliated companies, or third parties and no right or license is granted to use them. Any logo, trademark, servicemark, domain name, or trade name appearing on or within the myCuratio Technology (“Marks”), whether registered or not, are the property of Curate Health or their respective owners. You may not use any Marks without the express written permission of Curate Health.

User Representations

Basically,

You represent to us that you are of the age of majority, that all the information you provide to us is truthful, accurate, and complete, and that you will comply with all of the terms and conditions of these Terms and any other agreement that is related to your use of the myCuratio Technology.
Legally,

You hereby represent and warrant to Curate Health that you:

  1. are over the age of majority in your jurisdiction or otherwise have the power and authority to enter into and perform your obligations under these Terms;
  2. all information provided by you to Curate Health is truthful, accurate, and complete; and
  3. you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of the myCuratio Technology or any part thereof.

Disclaimer Of Warranties

Basically,

We do not guarantee, represent, or warrant that the myCuratio Technology will work without error or be uninterrupted. Use of the myCuratio Technology is at your sole risk. We do not guarantee that the myCuratio Technology will not infringe the intellectual property rights of a third party or that the myCuratio Technology will not contain viruses or corrupt your computer system or mobile device.
Legally,

CURATE HEALTH DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE MYCURATIO TECHNOLOGY WILL BE UNINTERRUPTED OR ERROR-FREE AND YOU AGREE THAT FROM TIME TO TIME CURATE HEALTH MAY DISABLE THE MYCURATIO TECHNOLOGY FOR INDEFINITE PERIODS OF TIME OR CANCEL THE MYCURATIO TECHNOLOGY AT ANY TIME WITHOUT NOTICE TO YOU.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE MYCURATIO TECHNOLOGY IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE MYCURATIO TECHNOLOGY IS (EXCEPT AS EXPRESSLY STATED BY CURATE HEALTH) PROVIDED “AS IS,” “WHERE-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CURATE HEALTH DOES NOT REPRESENT OR GUARANTEE THAT THE MYCURATIO TECHNOLOGY WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION AND CURATE HEALTH DISCLAIMS ANY LIABILITY RELATING THERETO.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation Of Liability

Basically,

Curate Health will not be liable for any damages to you for any claim related to the myCuratio Technology. If we are found liable for damages, we will only be liable for the lesser of the amount you paid to access the myCuratio Technology or $1,000.00. If you are not satisfied with the myCuratio Technology, your only remedy is to stop using it.
Legally,

TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO CASE SHALL CURATE HEALTH, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE MYCURATIO TECHNOLOGY OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE MYCURATIO TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MYCURATIO TECHNOLOGY, EVEN IF ADVISED OF THEIR POSSIBILITY.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE MYCURATIO TECHNOLOGY WILL BE TO STOP USING THE MYCURATIO TECHNOLOGY.

CURATE HEALTH SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE MYCURATIO TECHNOLOGY, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK AND CURATE HEALTH HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, CURATE HEALTH, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE LESSER OF (I) THE AMOUNT PAID BY YOU TO CURATE HEALTH FOR ACCESSING OR USING THE MYCURATIO TECHNOLOGY; OR (II) ONE THOUSAND DOLLARS ($1000.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification and Waiver

Basically,

You agree to indemnify Curate Health for any claim arising out of your breach of these Terms, your use of the myCuratio Technology, your intellectual property infringement, your use of any information or results you obtain from the myCuratio Technology, a third party’s use of any information or content you transmit through the myCuratio Technology, and from any action we have to take as a result of an investigation of your violation of these Terms.
Legally,

By using the myCuratio Technology, you agree to indemnify and hold Curate Health, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of (i) your breach of these Terms; (ii) your use of the myCuratio Technology; (iii) any allegation that your content infringes a copyright, patent, or trademark or misappropriates a trade secret of a third party; (iv) your use of information or results obtained through the myCuratio Technology; (v) any allegation of injury, damage, or loss resulting from our or any patient or end user’s use of Your Content; or (vi) any action taken by Curate Health as part of its investigation of a suspected violation of these Terms, or as a result of its finding or decision that a violation of these Terms has occurred.
Basically,

You release Curate health for any and all liability in connection with your use of the myCuratio Technology. You sole remedy is to stop using the myCuratio Technology.
Legally,

You agree to release Curate Health, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the myCuratio Technology. If at any time you are not satisfied with the myCuratio Technology, your sole remedy is to stop using the myCuratio Technology.

Third Party Websites And Advertising

Basically,

We may provide links to other websites on the Internet. We are not responsible for any information, advertisements, or content provided through those third party websites.
Legally,

The myCuratio Technology may include or provide links to other websites on the Internet that we do not control. These other websites may provide opinions, recommendations, or other information from various individuals, organizations, or companies. The myCuratio Technology also may contain advertisements by third parties and these advertisements may contain links to other websites. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed on such websites and we do not investigate, monitor, or check them for quality, accuracy, or completeness. Inclusion of any linked website on the myCuratio Technology does not imply or express an approval or endorsement of the linked website by us or of any of the content, opinions, specific health care providers, treatments, information, products, or services provided on these websites.

Termination

Basically,

We can terminate your use of the myCuratio Technology at any time if you violate these terms and conditions or misuse the myCuratio Technology. We do not have to give you advance notice if we terminate your access to the myCuratio Technology.
Legally,

Curate Health is entitled to terminate your use of the myCuratio Technology at any time with immediate effect (by disabling your use of the myCuratio Technology) if you: (a) violate or breach any term of these Terms; or (b) in the opinion of Curate Health, misuse the myCuratio Technology. Curate Health is not obliged to give notice of the termination of your account in advance. After termination Curate Health will give notice thereof in accordance with these Terms.
Basically,

You will not be able to access any information in your account once your access has been suspended or terminated. You are solely responsible for backing up your information.
Legally,

You will not be able to access any information in your account once your access has been suspended or terminated or the myCuratio Technology itself has been shut down. We do not export your content, your information, or other data during your use of the myCuratio Technology or provide your content, information, or other data to you when your account is closed. You are responsible for making sure your content and other information you desire is properly backed up so you have access to it in the event of loss, corruption, or cessation of the Site, or termination or suspension of your account.

Governing Law And Venue

Basically,

These Terms are entered in to in the state of Kansas. Any legal action brought because of these terms and conditions will be in Johnson County, Kansas or the federal courts in Kansas City, Kansas.
Legally,

These Terms are entered into in Kansas, and shall be governed by the laws of the State of Kansas. The exclusive venue for any legal action as to the interpretation or enforcement of these Terms shall be a court of appropriate jurisdiction located in Johnson County, Kansas or the federal courts located in Kansas City, Kansas.

The prevailing party in any proceeding to resolve a dispute pertaining to matters covered by these Terms shall be entitled to receive its reasonable attorney’s fees, expert witness fees, and out of pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded.

General Compliance With Laws

Basically,

You agree to comply with all local, state, and federal laws.
Legally,

The myCuratio Technology and related services are controlled and operated by Curate Health from its offices in the United States. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the myCuratio Technology and services.

Our Communications

Basically,

The e-mail you provide to us when you register your myCuratio Account will be the e-mail address we use to contact you. We may also send you messages through the myCuratio Technology.
Legally,

The e-mail address you provide during the myCuratio Technology registration process will be the e-mail address we will use for all myCuratio Technology-related communications to you. We may also send you messages via your account of the myCuratio Technology. It is your responsibility to monitor these messages and respond in an appropriate manner.

The myCuratio Technology may contain links or forms that can be used to contact us so you can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information you enter into the myCuratio Technology is correct and applies only to you and that you will keep your e-mail address and other information about you in your account up-to-date.

Basically,

You agree that we are only obligated to contact you through the e-mail address you provide to us or through notifications to your account. Any communication we send to you electronically satisfies any legal requirement that a communication be in writing. You can choose to get legal notices in paper form by postal mail or as otherwise permitted or required by law.
Legally,

You can contact us through your account or by e-mail. Unless you tell us otherwise, or the law requires otherwise, you agree to receive all communications from us by e-mail or by our posting notices to your account. You agree that you are able to print the communications for your records. You agree that all communications that we send to you electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If you choose to paper form, legal notices will be sent to you in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us you do not want legal notices sent electronically, and for any other notices under this Agreement, send the notice in writing and by certified and registered mail to 15831 Meadow Lane, Overland Park, Kansas 66207.

Miscellaneous

If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire agreement between you and Curate Health relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Curate Health relating to such subject matter. Curate Health’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision, or any other provision of these terms. Curate Health will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under these Terms to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment.

Contact Us

With questions, e-mail support@myCuratio.com.