Updated: January 1, 2018
Welcome to Curadux. Our mission is to help patients and families navigate critical or chronic illnesses. To achieve our mission, we provide our Users with a variety of Services. To use our Services, you must agree to use our Services consistent with our mission, these Terms of Service (“Agreement”), and applicable laws.
2.1 Health Story
Curadux may provide, now or in the future, a “Health Story” that is designed to help you create personalized and prioritized information that can be downloaded and shared with your medical team to help ensure that they are basing their medical advice on the unique values and goals of individual patients. You agree to conduct a thorough review of all information contained in the Health Story prior to downloading and communicating the Health Story to any third-parties to ensure that the information is complete and accurate. You understand that it is your responsibility to communicate the Health Story to your medical team, and once downloaded we have no control over how the Health Story is actually used in practice by your medical team.
2.2 Health Story Reviews
Curadux may provide, now or in the future, a “Health Story Review” that involves one (1), 50-minute virtual meeting with a Care Guide to review and refine your Health Story. You understand that by requesting a Health Story Review, a Care Guide will have the ability to edit the content of your Health Story in consultation with you, and that it is your sole responsibility to review the Health Story prior to downloading or otherwise sharing the Health Story with any third-party, including medical teams.
2.3 Care Guidance
Curadux may provide, now or in the future, “Decision Guidance” services delivered through a Care Guide who will educate you on the care options presented by your medical team, and help you ask additional questions of your medical team in order for you to make informed treatment and end-of-life decisions. A single Decision Guidance meeting shall be one (1), 50-minute virtual meeting with a Care Guide.
Curadux will provide support services to Members by phone (855-5-CURADUX) and online during normal business hours, 9:00 AM to 5:00 PM Central Time. We cannot guarantee a response within a particular time period, but we expect to usually respond within 24 hours of any inquiry.
For Individual Members, the price of our Services will be set forth on our Pricing Page. For Group Members, the pricing will be set forth in a separate agreement with your Sponsor; to access our Services you must request an access code from the Administrator of your Sponsor. Pricing does not include processing fee
Individual Members shall make payment directly on the Curadux website, or through other links provided by Curadux, using a major credit card, debit card, or bank account. If you pay by credit card or debit card, you authorize us to use a third party to process your payment, and you consent to the disclosure of your payment information to such third party. All fees are payable upfront, and no refunds or pro-rations will be given without our written consent. All fees are exclusive of taxes, which we will charge as applicable.
• You become a member of Curadux upon creating an account. As between you and others, your account belongs to you and you’re responsible for all activity associated with your account.
• You will provide true, accurate, and current information when creating and maintaining your account.
• You will not create an account for anyone other than yourself, unless you have verifiable authority and permission to do so.
• You will not create any duplicative accounts or any other account that is likely to mislead or confuse other Users.
• You will take reasonable steps to secure your account, including not sharing your password with others, and not doing anything else that could jeopardize the security of your account (we also encourage you to enroll in two-step verification as an extra layer of security).
• Ownership: As between you and Curadux, you own all of the content and information you provide to us. You agree to provide content and information only when you have a legal right to do so. We allow you to provide and share content and information in a variety of ways that may be visible to other authorized Users.
• External Content: You understand that Curadux provides Users with the freedom to share links, information, content, services, and other activities provided from or directed to other third-parties. You understand and agree that some of this information may be inaccurate, incomplete, misleading, offensive, harmful, possibly even illegal, and which may be governed by third-party legal terms and privacy policies. You agree that Curadux cannot be held responsible for third-party activities or for any damages that may occur as a result of your use or reliance on third-party activities to the maximum extent allowed by law. Similarly, you are responsible for deciding if you want to access or use third party apps or sites that link to and from our Services. Third party apps and sites have their own legal terms and privacy policies. Except to the limited extent it may be required by applicable law, we cannot be responsible for these other sites and apps.
• Communications: We periodically may need to communicate important information about your account or our Services. These communications may include, but are not limited to: (a) notifications relating to your use of our Services, (b) updates regarding our Services, and (c) promotions we believe may add value to you.
• Preferences: You can control what kind of communications you receive in your notification settings. We typically send these communications via email, although we may periodically send them through other means if there is a legitimate reason to do so. You may opt-out of promotional emails at any time. You agree to keep your contact information updated and understand that, if you don’t, you may not receive important communications from us.
• Mobile: You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges that may arise from both web and mobile applications we provide now or in the future. If you're unsure what those charges may be, you should ask your service provider before using our Services. In the event you change or deactivate your mobile phone number, you agree to immediately update your account information on Curadux to ensure that your messages are not sent to a person who acquires your old number.
• Medical Teams: Prior to consulting with a Care Guide, all Members must have a primary medical team in place, and Members shall rely exclusively on their medical teams for the diagnosis and treatment of any medical conditions.
• No Practice of Medicine: Under no circumstances will Curadux or our Care Guides practice medicine in connection with our Services. This means that our Care Guides cannot and will not attempt to diagnose or treat any medical condition. If you need medical advice, you should consult your medical team or dial 9-1-1 in case of an emergency.
• Guidance Only: Curadux and/or its Care Guides will not advise or direct Members to pursue any course of action or decision, and will only serve to educate you on options presented by your medical team, or help you frame additional questions you may want to ask your medical teams in order to gather additional information prior to making a treatment or end-of-life decision.
• Browser Compatibility: To participate in a virtual Care Guide meeting, you agree to use the most recent version of the Chrome or Firefox browser, both of which support the underlying technology that Curadux uses to power our video conferencing solution.
• Authorization to receive health and related information: If you are a Group Member and your Sponsor qualifies as a Covered Entity, as defined by the Health Insurance Portability and Accountability Act (“HIPAA”), we may need to collect certain personal health information” (“PHI”). You voluntarily consent to and hereby authorize and direct your Sponsor to disclose any PHI to the extent necessary for us to create an account for you and to provide you with our Services. This authorization will remain in effect until you close your account. You understand that you have the right to inspect and copy the information authorized to be disclosed by this authorization. In the event you refuse to authorize the release of this information, you understand that it will not be disclosed, except as provided by law. You understand that Curadux does not provide treatment and, therefore, any medical treatment will not be conditioned on whether you agree to this authorization. You understand that information used or disclosed pursuant to this authorization may be subject to redisclosure and may not be protected by law. You understand that you may revoke this authorization at any time by simply closing your account. The revocation will be effective immediately upon closing your account.
• Authorization to release health and related information: You voluntarily consent to and hereby authorize Curadux to disclose all health and related information to your Care Guides and any Supporters you choose to invite to participate in your Services, for purposes of using our Services. This authorization will remain in effect until you close your account. You understand that you have the right to inspect and copy the information authorized to be disclosed by this authorization. In the event you refuse to authorize the release of this information, you understand that it will not be disclosed, except as provided by law. You understand that Curadux does not provide treatment and, therefore, any medical treatment will not be conditioned on whether you agree to this authorization. You understand that information used or disclosed pursuant to this authorization may be subject to redisclosure and may not be protected by law. You understand that you may revoke this authorization at any time by simply closing your account. The revocation will be effective immediately upon closing your account..
• You will not seek to undermine the mission of Curadux.
• You will not create a new account without our permission if you have already had an account suspended or disabled due to a violation of this Agreement.
• You will not share other Users’ content or information outside of our Services, except through the features or processes we provide for sharing content and information (unless the owner of the content or information gives you written permission to do so).
• You will not provide content or information that is unlawful, pornographic, not suitable for minors, violates the legal rights of others, or is otherwise disrespectful of other Users.
• You will not send email, TXT, or SMS invitations to any non-User who has not given you their permission.
• You will not gain unauthorized access to our Services by using another User’s credentials, circumventing the navigational structure of our website, hacking, password mining, or by any other illegitimate means.
• You will not transmit content or information through our Services that you know or reasonably should know contains malicious code, including but not limited to viruses, trojan horses, worms, logic bombs, time bombs, fork bombs, or any other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate systems, content, or other information.
• You will not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automated means, or any similar or equivalent manual process, to access, acquire, copy or monitor any data, content, or information on our Services without our prior written permission; except that Curadux grants operators of public search engines permission to use spiders to copy materials from public areas of our Services for the sole purpose of displaying publicly available search results of such material.
• You will not interfere with the proper working of our Services, including accessing or using our Services in a manner that could disable, overburden, or impair our Services, or systems or networks connected to our Services.
• You will not probe, scan, or test the vulnerability of our Services or any network connected to our Services, nor breach the security or authentication measures on our Services or any network connected to our Services.
• You will not reverse look-up, trace or seek to trace any information on any User outside of our Services.
• You will not provide any content or information that consists of unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, surveys, contests, investment opportunities, or other annoying information.
• You will 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 Services or any other service offered on or through our Services, and you will not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
• You will not use Curadux copyrights, trademarks, or any other intellectual property without our prior written permission.
Our Agreement and prohibitions are designed to protect our mission, our Users, and our Services from people and activities that seek to undermine them. For this reason, we are committed to enforcing the terms and conditions of this Agreement and you agree that we may take reasonable actions to verify your compliance with our Agreement.
Curadux respects the intellectual property of others, and we ask our Users to do the same. Under the Digital Millennium Copyright Act (DMCA), we are required to expeditiously remove or disable access to material that infringes copyright upon becoming aware of the copyright infringement. If you are a copyright owner or an agent of a copyright owner, you may submit a copyright infringement notification in accordance with the procedures below.
5.1 Copyright Agent
Copyright Agent: Curadux LLC
P.O. Box 12043
Austin, Texas 78711
Email: [email protected]
Before submitting a copyright infringement notification, please understand that when you do so, you are initiating a legal process and you should consider whether fair use, fair dealing, or a similar exception to copyright applies. We strongly encourage you to consult with an attorney before submitting a notification since misrepresentations of copyright infringement may result in monetary damages, including costs and attorney’s fees caused by the misrepresentation. If you make false claims of copyright infringement, we may suspend or delete your account, or take other legal action against you.
5.3 Infringement Notification
We will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent with the subject line, “DMCA Takedown Request”. You may also contact our Copyright Agent by mail or facsimile. To be effective under the DCMA, the notification must be in writing and contain the following information:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5.4 Counter Notice
If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner or their agent, or pursuant to law, to post and use the content, you may send a counter-notice containing the following information to the Copyright Agent:
• your physical or electronic signature;
• identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
• your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
Failure to comply with these requirements may invalidate your counter-notice. If a valid counter-notice is received by our Copyright Agent, Curadux will send a copy of the counter-notice to the original complaining party informing that person that Curadux may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or the User, the removed content may be reinstated within 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
5.5 Repeat Infringers
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we may also terminate a User’s account if the User is determined to be a repeat infringer.
We hope we never have a dispute with you and will make good faith efforts to resolve any dispute that may arise between us through informal means. In the event we are unable to resolve the dispute through informal means, to save you and us valuable time and money, you agree that any controversy or claim arising out of or relating to this Agreement or our Services, or the breach thereof, shall be settled through final and binding arbitration in Travis County, Texas, administered by the American Arbitration Association (AAA) in accordance with its Arbitration Rules. The parties agree that there shall be a single arbitrator who is a U.S. citizen, has experience with and knowledge of the healthcare sector and software-as-a-service businesses. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
6.1 Notice of Dispute
In the event of a dispute, either party must give the other a Notice of Dispute, which will include a written description that sets forth the name, email address, phone number, mailing address of the party initiating the dispute resolution process, as well as a description of the facts giving rise to the dispute and the relief that is being sought. Any Notice of Dispute must be sent to Curadux by email at [email protected] and U.S. Mail to Curadux, ATTN: CHIEF LEGAL COUNSEL, P.O. Box 12043, Austin, Texas 78711. Curadux will send any Notice of Dispute to the email address and/or mailing address that you provide us.
Any proceedings to resolve any dispute in any forum will be conducted solely on an individual basis. Neither you nor Curadux will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
In the event this dispute relates to Services we provide involving third-parties, including contractors, subcontractors, suppliers, or any other third-party, these third-parties shall be bound, each to each other, by this arbitration agreement, provided that they are bound by this Agreement or another contract that incorporates this Agreement by reference or signed any other agreement to be bound by this arbitration agreement. Each such party agrees that it may be joined as an additional party to an arbitration involving other parties under any such agreement. If more than one arbitration is begun under any such agreement and any party contends that two or more arbitrations are substantially related and that the issues should be heard in one proceeding, the arbitrator(s) selected in the first-filed of such proceedings shall determine whether, in the interests of justice and efficiency, the proceedings should be consolidated before that (those) arbitrator(s).
The parties agree, and the arbitrator shall issue an order providing that all pleadings, motions, discovery responses, depositions, testimony, and documents exchanged or filed in relation to the arbitration be kept strictly confidential; and that any award issued by the arbitrator shall be entered under seal in a court of competent jurisdiction. The parties agree that any party may seek a separate order from a court of competent jurisdiction enforcing the arbitrator’s order protecting the disclosure of pleadings, motions, discovery responses, depositions, testimony, and documents exchanged or filed in the arbitration, provided that such motion and responses thereto shall be filed under seal.
7.0 General Terms
The length of the Agreement will commence on the date your payment is received by Curadux and will continue until all services have been requested and provided, or a period of 1 year, whichever is sooner. In addition to any amounts owed by either party prior to termination, the sections 4-7 of this Agreement shall survive termination.
You agree that this Agreement shall be governed by and interpreted in accordance with the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws. Subject to section 6, you agree that any judicial proceeding to resolve claims relating to this Agreement or our Services will be brought in the federal or state courts of Travis County, Texas. Both you and Curadux consent to venue and personal jurisdiction in such courts.
THE CONTENT AND INFORMATION YOU POST, AND ACTIONS YOU ENGAGE IN, WHILE USING OUR SERVICES ARE YOUR RESPONSIBILITY. YOU AGREE TO HOLD CURADUX, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND THIRD PARTY SERVICE PROVIDERS HARMLESS FROM AND DEFEND THEM AGAINST ANY CLAIMS, COSTS, DAMAGES, LOSSES, EXPENSES, AND ANY OTHER LIABILITIES, INCLUDING ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OUR SERVICES, YOUR VIOLATION OF THIS USER AGREEMENT, AND/OR YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY OR PERSON.
7.4 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, CURADUX (AND THOSE THAT CURADUX WORKS WITH TO PROVIDE OUR SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR ELECTRONIC (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, LOSS OF USE, OR LOSS OF YOUR USER CONTENT. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
7.5 Limitation of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS CURADUX HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), CURADUX (AND THOSE THAT CURADUX WORKS WITH TO PROVIDE OUR SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF CURADUX (AND THOSE THAT CURADUX WORKS WITH TO PROVIDE OUR SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS MORE THAN THE FEE PAID BY YOU FOR YOUR SERVICES. THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND CURADUX AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF CURADUX HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE. SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
7.6 Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the use of our Services must be filed by you within one (1) year after the cause of action arises, or such claim or cause of action is barred.
7.7 Force Majeure
Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
If any provision of this Agreement is held invalid or unenforceable, that provision will be modified to the extent necessary to render it enforceable without losing its intent. If no such modification is possible, that provision will be severed from the rest of this agreement. If we do not enforce any right or provision in this user agreement, that is not to be deemed a waiver of our right to do so in the future. The headings in this Agreement are for convenience and do not control any of its provisions.
“AAA” means the American Arbitration Association.
“Case” means a set of services designed to assist someone who is experiencing an illness.
“Content” means anything our Users post, provide, or share through our Services, including but not limited to your account and profile information, messages, updates, intelligence, and feedback you’re willing to provide.
“Curadux” means Curadux LLC, a limited liability company organized under the laws of the State of Delaware and doing business in Texas.
“DMCA” means the Digital Millennium Copyright Act of 1998, as amended.
“Group Member” means a person whose Curadux membership was paid for by a Sponsor.
“Individual Member” means a person who paid for their own Curadux membership.
“Information” means facts and other information about you, including actions taken by Users who interact with our Services.
“Member” means a person who is authorized to create an account and use our Services.
“Organizer” means a type of Member who creates a case on behalf of a patient.
“Parties” means you and Curadux.
“Patient” means a type of Member who is experiencing an illness and creates a case on their own behalf.
“Pricing Page” means http://www.curadux.com/pricing.
“Services” means the applications, features, products, services, and websites provided by Curadux now existing or later developed. (Curadux may create supplemental terms to govern certain types of Services which Users will have the opportunity to review and either accept or decline.)
“Sponsor” means an organization who has entered into an agreement with Curadux to provide Services for a certain number of Group Members.
“Supporter” means someone who has been invited by a Member to participate in the health decision-making of someone who is experiencing an illness.
“Use” means to use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
“Users” means Members and Visitors.
“Visitors” means unregistered users of our Services.