Unless otherwise noted or otherwise indicated by context, all website content, including but not limited to text, information, logos, trademarks, photographs, graphics, artwork, user interfaces, visual interfaces, video, audio, music, software, computer code, as well as the design, structure, selection, coordination, and expression of such content, is the property of Curadux and our licensors, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
If we purposefully make available information for downloading, you may use that information, provided you don’t: (1) remove proprietary notices, (2) use it for anything other than personal, non-commercial informational purposes, (3) copy or post the information on the Internet, any networked computer, or broadcast it in any other media, (4) modify the information, or (5) make any additional representations or warranties relating to such information.
While we welcome comments and feedback regarding our website and services, we are under no obligation to respond to all communications received through our website or by email, to maintain unsolicited communications in confidence, or to provide compensation of any kind for your comments or submissions.
You acknowledge that you are responsible for any material you may submit via our website, including the legality, reliability, and appropriateness of any such material. You may not upload to, distribute or otherwise publish through our website any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
We respect the intellectual property rights of others and request that you do the same. If you believe that any material residing on, linked to, or linked from our website infringes your copyright, please send our copyright agent a notification of claimed infringement with all of the following information: (i) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on our website (such as the URL(s) of the claimed infringing material); (iii) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (v) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (vi) your physical or electronic signature. Notices to our copyright agent should be sent to:
Attn: Copyright Agent
P.O. Box 12043
Austin, Texas 78711
Our website may contain links or produce search results that reference links to third-party websites. We have no control over these third party websites, we don’t endorse content on these websites, we don’t assume responsibility or liability for content on these websites, and we don’t warrant that these websites will be free of computer viruses or other harmful code that could adversely impact your computer, mobile device, or other web-access device. By using our website to search for or link to other websites, you agree and understand that such use is at your own risk.
You may have an opportunity to become a registered user of services available through our website and, if so, we may provide you with a confidential username and password (“Credentials) to access and use portions of our website. By accepting those Credentials, you agree to maintain their confidentiality, to promptly report to us if you know or suspect that your Credentials have been compromised, and to be responsible for any use of the Credentials by someone other than you.
You may not attempt to gain unauthorized access to our website or to systems, networks, or services connected to our website, by circumventing the navigational structure of our website, hacking, password “mining” or any other illegitimate means.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of our website or any transaction conducted on our website, or with any other person’s use of the website.
You may not use our website in a manner that could disable, overburden, or impair our website, systems, or networks, or systems or networks connected to our website, or interfere with any other party's use and enjoyment of our website.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of our website or content.
You may not submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
You may not transmit materials through our website that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
You may not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
You may not probe, scan or test the vulnerability of our website or any network connected to our website, nor breach the security or authentication measures on our website or any network connected to our website.
You may not reverse look-up, trace or seek to trace any information on any other user, customer, or visitor to our website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through our website or any service offered on or through our website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
We do not represent or warrant that the information accessible via our website is accurate, complete, or current. Our website may contain typographical errors, technical inaccuracies, or other incorrect information. We reserve the right to add to, change, or delete its content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, our website may contain information provided by third parties. We make no representation or warranty regarding the accuracy, truth, quality, suitability, or reliability of such information. We not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.
WE DO NOT PROMISE THAT OUR WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF OUR WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. OUR WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OUR WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM OUR WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF OUR WEBSITE AND/OR ANY CURADUX SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF OUR WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH OUR WEBSITE OR ANY CONTENT IS TO STOP USING OUR WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to our website, or any portion of our website, for any reason, (2) to modify or change our website, or any portion of our website, and any applicable policies or terms, and (3) to interrupt the operation of our website, or any portion of our website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL CURADUX BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF OUR WEBSITE.
IN ANY EVENT, CURADUX’S LIABILITY UNDER ANY THEORY OF LIABILITY, WHETHER TORT, BREACH OF WARRANTY, BREACH OF CONTRACT, OR OTHER, WILL BE NO GREATER THAN THE AMOUNT YOU HAVE PAID TO CURADUX.
You agree to defend, indemnify, and hold Curadux and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
Any dispute, claim, or controversy between you and Curadux shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitration may be entered in any court having jurisdiction thereof. The arbitration shall occur in Austin, Texas, and you and Curadux shall share equally the arbitration fees and expenses.
The arbitration shall be conducted by a single arbitrator. The arbitrator shall be selected in accordance with R-13 of the AAA’s Commercial Arbitration Rules, effective October 1, 2013, except that the arbitrator ultimately selected must be a lawyer with expertise and knowledge of the health care industry. In no event shall an award against Curadux in arbitration initiated under this clause exceed the amount that you have paid Curadux. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. In the event legal proceedings may involve the arbitration, the parties will use their best efforts to ensure that confidentiality is maintained by obtaining leave to file materials under seal and by other appropriate means.
You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on our website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
Any communications you provide at our website will be treated as sensitive but non-confidential, unless and until a non-disclosure agreement is signed by the parties.
Effective Date: September 1, 2015
Copyright © 2015 Curadux LLC. All rights reserved.