Effective date: June 6, 2024
PLEASE READ THESE CUREBASE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING WWW.CUREBASE.COM, OR ANY OF OUR RELATED WEBSITES OR APPLICATIONS THAT LINK TO THESE TERMS AND CONDITIONS (EACH AND COLLECTIVELY, THE “WEBSITES”) THAT ARE OWNED OR CONTROLLED BY CUREBASE, INC. (“Curebase,” “we,” “our,” “us”).
By accessing or using any of the Websites, you are accepting these Terms and Conditions of Use (“Terms”) and our Privacy Policy, incorporated herein by reference, on behalf of yourself or the entity that you represent, except to the extent that the entity you represent is a Curebase customer and has an executed services agreement with Curebase that governs your use of the Websites, in which case these Terms will not apply and the terms of such services agreement will apply. In all other cases, you represent and warrant that you have the right, authority, and capacity to enter into these Terms on behalf of yourself or the entity that you represent. You may not access or use any Website or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access or use any Website.
Product and Information on the Websites
The Websites may contain information related to various health and medical conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a professional health care provider. Any and all content stated, posted or made available on the Websites is not intended to be, and must not be taken to be, the practice of medicine, psychology, chiropractic, or the provision of medical, psychological/mental health, or chiropractic care or any other professional healthcare. You should not use any information on the Websites for diagnosing or treating a health problem, disease or medical condition. You should always consult a professional health care provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure.
Curebase makes no representations or warranties as to the availability, accuracy or completeness of any information contained herein and expressly disclaims any obligation to update such information, except to the extent required by law, including, but not limited to, Food and Drug Administration regulations. Curebase further assumes no liability or responsibility for any errors or omissions in the content of the Websites.
Changes
We may revise these Terms at any time for any reason, and we may provide you notice of these changes by any reasonable means, including by posting the revised version of the Terms on www.curebase.com. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the end of the document. By accessing, browsing, or using the Websites following the posting of changes to these Terms, you accept such changes. We recommend that you periodically visit this page of www.curebase.com to review these Terms.
Accounts and Registration
Any Curebase account registration on the Websites is for a single user only. When you register for an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the account on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the website or your account. You may make any changes to your registration information by following the instructions on the applicable Website. You may request to delete your account at any time, for any reason, by following the instructions on the Website. We may suspend or terminate your account in accordance with the Term and Termination section below.
Access to Websites
Subject to these Terms, Curebase grants you a non-exclusive, non-transferable, revocable, limited license to access and use each Website solely for your own personal, non-commercial purposes.
The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website, in whole or in part, or any content displayed on the Websites; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Websites; (c) you shall not access the Websites in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Websites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Websites shall be subject to these Terms. All copyright and other proprietary notices on the Websites (or on any content displayed on the Websites) must be retained on all copies thereof. You acknowledge and agree that, except as expressly set forth in these Terms, Curebase will have no obligation to provide you with any support or maintenance in connection with the Websites.
Curebase reserves the right, at any time, to modify, suspend, or discontinue the Websites (in whole or in part) with or without notice to you. You agree that Curebase will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Websites or any part thereof.
Intellectual Property
You acknowledge that the Websites and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Curebase, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither these Terms (nor your access to the Websites) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Access to Websites section above. Curebase and its suppliers reserve all rights not granted in these Terms, and there are no implied licenses granted under these Terms.
You acknowledge that Curebase may freely use any feedback that you provide, in its sole discretion, with no requirement for payment to you.
Prohibited Uses
In addition, you agree not to: (i) transmit to the Websites any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Websites unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Websites to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Websites, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Websites (or to other computer systems or networks connected to or used together with the Websites), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Websites; or (vi) use software or automated agents or scripts to produce multiple accounts on the Websites, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Websites.
We reserve the right (but have no obligation) to review any content, and to investigate and take appropriate action against you in our sole discretion for any violation of this Prohibited Uses section or any other provision of these Terms or if you otherwise create liability for us or any other person. Such action may include terminating your account in accordance with the Term and Termination section below and reporting you to law enforcement authorities.
Transmitted Information
If you submit or otherwise provide us any communications, content or material, including, without limitation, any personal or commercial information, idea, concept or invention, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”) you hereby irrevocably grant to us an unrestricted, worldwide, perpetual, sublicensable (through multiple tiers), royalty-free license to use, reproduce, display publicly, perform, publish, transmit, distribute and otherwise exploit such Transmitted Information in any medium and for any purpose, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to us in accordance with the foregoing license grant. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of Transmitted Information regarding materials, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory. All Transmitted Information we collect is subject to our Privacy Policy. By using the Websites, you consent to all actions taken by us with respect to Transmitted Information in compliance with our Privacy Policy.
Notwithstanding anything to the contrary herein, Curebase shall have the right to collect and analyze information relating to the provision, use and performance of various aspects of the Websites and related systems and technologies. Curebase will be free to (a) use such information internally to improve and enhance the Websites and for other development, operational, diagnostic and corrective purposes in connection with the Websites and other Curebase offerings, and (b) disclose such information and data solely in aggregate and de-identified form. You hereby grant Curebase the following perpetual, non-exclusive, irrevocable, paid-up, royalty free, worldwide licenses: (A) a license, with right to sub-license to Curebase’s service providers, to reproduce, internally distribute, internally display, create derivative works of, and use your data for the analytical purposes described above and to generate aggregated or de-identified data; and (B) a license, with right to sub-license, to make, have made, sell, offer for sale, use, import, reproduce, distribute, display, perform, and make derivative works of aggregated or anonymized data. No rights or licenses are granted except as expressly set forth herein.
Linked Websites and Third-Party Applications
We have not reviewed all of the websites linked to the Websites, or third-party applications accessible through the Websites, and are not responsible for the content of any third-party websites or applications available through the Websites. Nothing in the Websites, including, without limitation, any links to other websites, should be construed as an endorsement of any products, websites or information of any other persons or companies by Curebase. Your choice to link to any other websites is at your own risk, and you should review and comply with all terms relating to such websites. Curebase reserves the right not to link, or to remove the link, to any website or third-party application at any time. Any links to third party websites are provided as a convenience to you and are neither owned nor operated by Curebase. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, hold harmless and indemnify Curebase, its subsidiaries, affiliates, business partners, licensors, service providers, and clients, and their respective officers, employees, agents and representatives from and against any claims, liabilities, costs or damages, including reasonable attorneys’ fees through final appeals, made by any third party, relating to or arising from your use of the Websites, any content that you transmit to or through the Websites, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Websites. You further agree that Curebase shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in an enforceable written agreement between you and Curebase.
Term and Termination
Subject to this Term and Termination section, these Terms will remain in full force and effect while you use the Websites. We may suspend or terminate your rights to use the Websites (including your account) at any time for any reason at our sole discretion, including for any use of the Websites in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Websites will terminate immediately. You understand that any termination of your account may involve deletion of your content associated with your account from our live databases. Curebase will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your content. Should we choose to terminate these Terms, such termination does not constitute a waiver of any of Curebase’s rights under these Terms or under applicable law.
Disclaimers
CUREBASE MAKES NO REPRESENTATIONS OR WARRANTIES, AND HEREBY EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, RESULTS TO BE DERIVED FROM THE USE OF ANY OF THE WEBSITES, OR, AS APPLICABLE, THAT THE WEBSITES ARE ERROR-FREE OR THAT ANY ERROR WILL BE CORRECTED. THE WEBSITES ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND CUREBASE MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUREBASE MAKES NO WARRANTY WITH RESPECT TO, AND YOU ACCEPT SOLE RESPONSIBILITY FOR, THE INSTALLATION, IF APPLICABLE, AND USE OF WEBSITES, AND ANY RESULTS OBTAINED FROM SUCH USE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CUREBASE ALSO MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR TECHNICAL OR OTHER REQUIREMENTS, WILL BE UNINTERRUPTED OR THAT THE WEBSITES ARE ERROR-FREE, PROBLEM-FREE, OR WITHOUT OTHER LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, AVAILABILITY, RELIABILITY, TIMELINESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE WEBSITES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THE SHORTEST PERIOD OF TIME REQUIRED BY SUCH APPLICABLE LAW. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CUREBASE, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CUREBASE, ITS SUBSIDIARIES, AFFIILIATES, OR THEIR LICENSORS, WEBSITES PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT SHALL CUREBASE BE RESPONSIBLE FOR AGGREGATE DAMAGES ACROSS ALL CLAIMS UNDER THIS AGREEMENT IN EXCESS OF $500.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law
These Terms shall be construed in accordance with the laws of the State of Delaware without regard to its choice of law principles. The prevailing party in any dispute or legal action regarding the subject matter of these Terms shall be entitled to recover reasonable attorney’s fees and costs. Notwithstanding the foregoing, nothing in this section shall bar a party to these Terms from seeking injunctive or equitable relief in the courts of the State of Delaware.
Notice
All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Curebase at the following contact: legal@curebase.com. Any notices to you may be made via either e-mail or postal mail to the address in Curebase’s records or via posting on the Websites. Please report any violations of these Terms to Curebase at the contact listed above.
Export
The Websites may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Curebase, or any products utilizing such data, in violation of the United States export laws or regulations.
Electronic Communications
The communications between you and Curebase use electronic means, whether you use the Websites or send us emails, or whether Curebase posts notices on the Websites or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Curebase in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Curebase provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Miscellaneous
These Terms represent the entire understanding of between you and us with respect to the use of the Websites and supersedes any and all prior understandings and agreements between us respecting such subject matter, except that if you or your company have executed a separate written agreement with us governing your use of the Websites, then such agreement shall control to the extent that any provision of these Terms conflicts with the terms of such agreement. The section titles in these Terms are for convenience only and have no legal or contractual effect.
For purposes of these Terms, (a) the words “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to these Terms as a whole.
Our failure to require you to comply with any provision of these Terms shall not be deemed a waiver of such provision or of any other provision of these Terms or a waiver of any subsequent breach of such provision or any other provision of these Terms.
If any provision(s) of these Terms should be illegal or unenforceable in any respect, the legality and enforceability of the remaining provisions of these Terms shall not in any way be affected. If any of the provisions are held to be excessively broad, any such provision shall be reformed and construed by limiting and reducing it so the original business purpose can be accomplished to the extent permitted by applicable law.
Neither party to these Terms is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Curebase’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Curebase may freely assign these Terms, and in such case, these Terms shall be binding upon assignees
Copyright/Trademark Information
Copyright © 2024. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Websites are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Curebase, Inc.
Attn: VP, Quality
548 Market Street
PMB 86319
San Francisco, CA 94104
Email: hello@curebase.com
Last Updated: 04/30/2024
