To clarify what this document means, certain words with capital letters will be defined. Here are the definitions for this agreement:
• “Cura” or the “Apps” means https://cura.healthcare and related web sites and Cura’s mobile applications, including Cura, Cura for Doctors, Talk to Docs (other terms apply), and any other Apps we release.
• “Company,” “we,” “us,” or “our” means “CURATIVE CARE FOR COMMUNICATION AND INFORMATION TECHNOLOGY” or Cura or “كيورا”, a Riyadh Saudi Arabia based corporation, and any other companies that are subsidiaries and affiliates of Cura LLC to which Cura provides administrative services, including, without limitation, “Cura” may also refer to “كيورا” in this document.
• “Content” means text, graphics, images, and any other material entered, processed, contained on, or accessed through the Apps, including Content created, modified, validated, or submitted by Medical Experts.
• “Services” means services provided through the Apps.
• “Premium Services” means paid services provided through the Apps (such as Concierge and Prime).
• “Medical Expert” means an individual accepted to participate in the Cura Medical Expert Community and who participates on the Apps or interacts with others on or through the Apps, or other specialists or professionals who participate on Cura in their capacity as experts.
Cura and Cura Premium Services connect you with leading doctors, health information, answers, and tips, and even virtual consultations, all designed to help you feel good and live a happier, healthier life. Cura and Cura Premium Services are different services available through the same Apps, and additional terms of use apply to Cura Premium Services.
On Cura, no formal medical diagnosis, treatment, or prescriptions are allowed. ALL INFORMATION PROVIDED ON CURA OR IN CONNECTION WITH ANY COMMUNICATIONS SUPPORTED BY CURA, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS WITH CURA MEDICAL EXPERTS IS INTENDED TO BE FOR GENERAL INFORMATIONAL PURPOSES ONLY, AND IS IN NO WAY INTENDED TO CREATE A PHYSICIAN-PATIENT RELATIONSHIP AS DEFINED BY ANY LOCAL OR INTERNATIONAL LAW; CURA IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL DIAGNOSIS OR TREATMENT, AND RELIANCE ON ANY INFORMATION PROVIDED BY CURA OR ANY CURA MEDICAL EXPERTS IS SOLELY AT YOUR OWN RISK.
Cura App may be used for limited medical care (as appropriate)
On Cura, as available and appropriate for virtual consults, diagnosis and prescriptions are available. Cura is not a substitute for health insurance, a primary care doctor, or in-person health care interactions. You agree not to use Cura Prime as a substitute for health insurance or a primary care doctor or in-person doctor visits. You understand and agree that prescriptions on Cura prime are limited in type and duration, and you agree not to use Cura Prime to request prescriptions for any medications or for any duration not permitted via Cura Prime.
These Terms of Use are an Agreement
Generally, this agreement governs your use of the Apps. Other terms may apply to your use of specific features or parts of our Apps. If there is a conflict between these TOU and terms posted for a specific feature or part, the latter terms apply to your use of that feature or part. These Terms of Use require the use of arbitration to resolve disputes and also limit the remedies available to you in the event of a dispute.
We May Update this Agreement
These Terms of Use may change. Because your use of Cura means you agree to these Terms of Use, if we revise and update these Terms of Use, your continued use of Cura will mean that you accept those changes. You choose whether or not you use Cura. If you do not agree to all of these Terms of Use, please do not use Cura.
What We Do and What We Don’t Do (Cura)
We Do Support Your Health Decisions (Cura)
Cura is designed to support the health decisions and choices that you make. These decisions and choices are yours, and we believe that you are the best decision-maker about your health and that these decisions should be made in connection with the advice you receive within a formal doctor-patient relationship. Always use common sense when making health decisions. Cura cannot make decisions for you. We can help you find good health information and, where available and appropriate, connect with doctors for care via Cura.
We Don’t Practice Medicine (Cura)
On Cura, you can ask and find informational questions and related educational answers by Medical Experts. Cura is not a place for the practice of medicine, but Medical Experts on Cura can be a resource for reliable, relevant general health information. We hope these services will be of value to you. Please use them responsibly.
We Do Provide Access to Doctors for Care (Cura)
On Cura, you can obtain a Telehealth service where the use of interactive audio and video technology to connect you with doctors. Cura is a technology facilitator and is NOT A MEDICAL PROVIDER OR HEALTH CARE PROVIDER,
We Don’t Create Doctor-Patient Relationships (Cura)
The use of Cura does not create a doctor-patient relationship. Cura contains Content and may help you identify services or may offer services. Everything on Cura, including Content accessed or Services provided through Cura, are for your information and should be used for informational purposes only. This means that Content and Services are not a substitute for medical advice, diagnosis, treatment, or care from your physician.
We Do Support Doctor-Patient Relationships
Cura support doctor-patient relationships. Cura may be used where an ongoing doctor-patient relationship exists, and a temporary doctor-patient relationship is created by the use of Cura Prime.
We Aren’t Your Doctor (Cura)
Whenever we use the words “your physician” or “your doctor” or “healthcare provider” or similar words on Cura, including in these Terms of Use, we mean your personal doctor with whom you have of an actual, mutually acknowledged doctor-patient relationship (or the same kind of formal, real-world relationship between you and your personal professional healthcare provider) within the World. Medical Experts on Cura are not “your” doctor, physician, or healthcare provider. When you participate in a Virtual Consult on Cura, you understand and agree that Medical Experts on Cura are not your Primary Care Physician and you agree not to use Cura Prime as a substitute for interactions with your Primary Care Physician. Where available to you, you may use Cura Concierge for Virtual Consults with your existing doctor(s).
We Don’t Provide Personal Diagnosis, Treatment or Prescriptions (Cura)
Interactions on Cura do not constitute the practice of medicine and consultations cannot be used for providing a formal medical diagnosis, for a physical examination, for obtaining prescriptions, or for treatment. Do not use Cura or Content or Services to diagnose or treat a medical condition. Use Cura Prime or Concierge (where appropriate and permitted) or see your doctor in person if you are looking for a personal medical evaluation, diagnosis, or prescription.
We’re Not For Use in Emergencies
Never use Cura or Content or Services (including Cura Premium Services) in a potential or actual medical emergency.
Remember…
Always consult your doctor
Consult your doctor or your healthcare provider if you have any questions about a symptom or a medical condition, and before starting or stopping any treatment directed by your physician or your healthcare provider, or before taking any drug or changing your diet.
Always…
• SEEK THE ADVICE OF YOUR DOCTOR OR YOUR OTHER QUALIFIED HEALTHCARE PROVIDER WHENEVER YOU HAVE A PERSONAL QUESTION ABOUT A MEDICAL CONDITION OR SYMPTOM.
• NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY SEEKING MEDICAL ADVICE OR TREATMENT BECAUSE OF SOMETHING YOU READ OR LEARN ON CURA.
• CALL your EMERGENCY PROVIDER (OR YOUR LOCAL EMERGENCY SERVICE) OR YOUR DOCTOR IMMEDIATELY IF YOU BELIEVE YOU MAY OR DO HAVE A MEDICAL EMERGENCY.
Cura Medical Experts
Independence of Cura Medical Experts
Cura Medical Experts and professionals or specialists utilizing or featured on Cura are not employees or independent contractor service providers of Cura. Any opinions, advice, or information expressed by any such individuals are those of the individual and the individual alone and they do not reflect the opinions of Cura. Cura does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on Cura or by a licensee of Cura. (Doctors on Cura Prime are independent contractors of separate professional corporations)
The inclusion of professionals and specialists on Cura or in any professional directory on Cura does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. SUCH INFORMATION IS PROVIDED ON AN “AS-IS” BASIS AND CURA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. CURA SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY — USER) IN RELIANCE ON INFORMATION ABOUT PROFESSIONALS AND SPECIALISTS ON CURA. The use of Cura by any entity or individual to verify the credentials of professionals or specialists is prohibited.
All opinions and statements expressed by Cura Medical Experts on or through Cura are solely the individuals, and independent opinions and statements of such individuals and do not reflect the opinions of Cura, its affiliates, or any other organizations or institutions to which such Cura Medical Expert or such specialist or professional is affiliated or provides services.
Children’s Privacy
We are committed to protecting the privacy of children. Cura is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13. Registered adult users of Cura may use Cura for the benefit of children.
Your Account and Your Use of Cura
You are responsible for your account: keep your password and real name private.
Accurate and complete registration information is required to use Cura. You are responsible for the security of your passwords and for any use of your account. Please immediately notify us of any unauthorized use of your password or account. Allowing any other person or entity to use your identity for posting on or using Cura is not permitted. Do not include your real name or any other information that could be used to identify you in anything you post that is publicly visible on Cura (such as in questions or other public submissions).
Your use must be legal and you must be an adult to use Cura.
Your use of Cura and any Content and Services must comply with all applicable federal and state laws, regulations, and ordinances. Currently, you must be at least 16 years old to use Cura and at least 18 years old to register for Cura Premium Services.
We’ll send you notices and information.
When you register, you agree that Cura may communicate with you, including by sending information, correspondence, and notices to you. These communications may be sent via email, SMS (text message), push notification, or otherwise using contact information associated with your account, including information provided when you register or update information in your Account Settings. We have a No-Spam policy, and you can opt-out of communications and control your communications preferences through your Account Settings. We do not sell or distribute the email addresses of our users. For more about how we share your personal information with you, see the terms related to our Content and Services (below) and our Privacy Statement.
Content and Services
Cura is for personal use.
Cura is a service for individuals to use to support their personal health decisions. You may use Cura for personal, but not for commercial, purposes in accordance with all applicable federal, state, and local laws. Organizations, companies, and businesses may not become registered members or use our Apps as entities or through individual members. Licensed doctors and other qualified medical experts may apply to participate in Cura for educational purposes as Medical Experts or to provide virtual consults via Cura App. The Content is licensed only for the personal, household, and educational use of a single individual. No commercial use or commercial redistribution of any Content is permitted. Any hyperlink or other re-display of the information on another website must display the Content full-screen and not within a “frame” on the linked or other sites, unless expressly pre-approved and permitted by Cura in writing. By using Cura, you agree not to harvest, scrape or otherwise collect any information about our members or doctors for any reason, including but not limited to sending unsolicited communications, including spam.
Cura must be used responsibly.
You agree to use the Apps and any Service responsibly, and in a manner that is not: unlawful, threatening, harassing, abusive, defamatory, slanderous, libelous, harmful to minors, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive. You also agree not to intentionally overuse any Service or Premium Service, or use any Service or Premium Service for medically inappropriate purposes.
Cura may not be used for illegal purposes.
Content and Services may not be used for any illegal purpose. You may not access our networks, computers, or the Content and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person’s use and enjoyment. You may not attempt to gain unauthorized access to any Content or Services, other accounts, computer systems, or networks connected with Cura, the Content, or Services. You may not use any automated means (such as a scraper) to access Cura, the Content, or Services for any purpose. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access Cura. Any attempt by any individual or entity to solicit login information of any other user or Cura Medical Expert or to access any such account is an express and direct violation of these Terms of Use and of applicable law, including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
Cura does not make recommendations or endorsements.
We do not recommend or endorse any specific Content, Services, tests, doctors, products, procedures, opinions, or other information that may be mentioned on Cura. Cura is designed to be used with common sense and in connection with the advice of your doctor or healthcare provider. Reliance on Cura Content or Services is solely at your own risk. Some Content and Services, including posts by Medical Experts, may be or have been provided by third parties directly and are not reviewed or certified by Cura. We cannot guarantee that the Content and Services will help you achieve any specific goals or results. Content regarding dietary supplements or other treatments or regimens has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure, or prevent any disease.
Cura does not guarantee the accuracy of Third Party Content.
Cura has no editorial control over or responsibility for Content provided by third parties and any opinions, statements, products, services or other information expressed or made available by third parties (including Medical Experts) or users on Cura are those of such third parties or users. We make no representations about the accuracy or reliability of any opinion, statement or other information provided by any third party, and do not represent or warrant that your use of the Content displayed or referenced on Cura will not infringe rights of third parties not owned by or affiliated with Cura.
We are not responsible for anything outside of Cura.
Content and Services, links to other apps, websites or information, software, data, or other content, online or offline (“External Content and Services”), such External Content and Services and related information are outside of our control. We do not control, endorse, verify the truth or accuracy of or review content outside of Cura and we are not responsible for such content. The information, software, data, or other contents (including opinions, claims, comments) contained in linked references are those of the companies or individuals responsible for such External Content and Services and cannot be attributed to Cura. We do not warrant, nor are we in any way responsible for, information, software, data, privacy policies, related or pertaining to External Content and Services.
You are responsible for your use of our Mobile Features.
The platforms available via the Apps (the “Cura Platforms”) offer features and services available to you via your mobile phone or other mobile devices. These features and services may include the ability to upload content to the Cura Platforms, receive messages from the Cura Platforms, download applications to your mobile phone, or access Cura Platforms features (collectively, the “Mobile Features”). Standard messaging, data, and other fees may be charged by your carrier. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (such as “STOP,” “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable shortcode for the Mobile Feature, or to change your profile settings inside the Apps. You agree to notify Cura of any changes to your mobile number and update your account(s) on the Cura Platforms to reflect this change.
You agree that we may send you limited personal information by email, SMS, and mobile telephone notification.
When you use action-oriented features on Cura and Cura Premium Services (including subscribing to a checklist or participating in a Virtual Consult), you agree that Cura and Cura Medical Group, P.C. may send you automatically via e-mail, mobile telephone, or other contact information provided by you in your account settings, content including but not limited to, reminders relating to health checklists or doctor recommended actions for you. As a result, the content in those reminders may contain protected health information under Saudi HIE, including content related to conditions, treatments, and medications. You understand and agree that by using these features, you are opting to receive your own protected health information by email, SMS, or mobile telephone notification, which is not secure. You also understand and agree that by receiving such protected health information by e-mail, SMS, or mobile telephone notification, you will be charged by your wireless or internet provider and that such e-mails, SMS, or mobile telephone notification may be generated by an automated dialing system. You control the utility, and the privacy, of the reminders you receive. In your account settings, you can control what information is sent to you, and where it’s sent, and you can unsubscribe or opt-out from receiving reminders via email, SMS or mobile telephone notification, or any of them. If you prefer not to receive personal information by email or mobile notification, you agree to update your account notification settings.
Mandatory Removal of Content and Services
If you violate any of these Terms of Use, your permission to use the Content and Services automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. (For more information, see “Termination.”)
Use of Your Information
We respect the privacy of your personal information.
We only use data you share with Cura as set forth in the Cura Privacy Statement, your account Settings, and applicable law. If you create, transmit, or display health and wellness or other information while using Cura, you agree to do so with information that you own or have the right to use.
We cannot control external communications (including email, SMS, and notifications).
Email and short message service (SMS), text message communications, and mobile push notifications from the Apps are not encrypted. You can opt-out of receiving email, SMS/text messages, and mobile push notifications. Although unlikely, it is possible for these communications to be intercepted or accessed without your authorization, and by using the Apps, you release Cura from any liability arising from or related to any such interception or unauthorized access.
Advertising
We Do Not Advertise.
There is no paid advertising on Cura.
International Users
Consent to Terms and Policies
We make no representation that all products, Content, or Services described on or available through the Apps (including Cura App), are appropriate or available for use in locations outside KSA or all locations within the KSA. Registered Users and Visitors access our Content and Services on their own initiative and are responsible for compliance with local laws. We make no claim that Content or Services are appropriate or may be downloaded outside of the KSA. Personal information (“Information”) that is submitted to Cura will be collected, processed, stored, disclosed, and disposed of in accordance with applicable law and our Privacy Statement. If you are a non. member, you acknowledge and agree that Cura may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. the law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in these Terms and our Privacy Statement. If you do not consent to such transfer, you may not use our Content or Services. The product information provided on Cura is intended only for residents of the KSA and may have different product labeling and disclosure requirements in different countries.
Property Rights
Cura owns or has rights to the Content and Services.
When you use the Apps, you do so under a license from us. Your license to use Cura is personal, revocable, non-assignable, and nonexclusive. This means that you may not use the Apps for any commercial purpose, that we can take away your right to use the Apps, that you cannot give this license away to someone else, and that other members can use our Content and Services. All right, title and interest in and to the Apps and the Content, together with all intellectual property rights embodied therein (including without all engagement, rating, and ranking systems and methodologies on the Apps) are the property of Cura or our affiliates, excluding your rights under the law to any information or Content related to virtual consults on Cura Prime or Concierge. Rights retained by other parties in the Content are their respective rights.
You must ask our permission to use our Trademarks.
We have obtained or applied for various Trademarks and service marks. Cura, the Cura logo, other Cura Trademarks, and service marks, and other Cura logos and product and service names are our trademarks (the “Cura Marks”). If you would like to use or display any Cura Marks, you must ask our permission. Without our prior written permission, or according to the media use guidelines we publish, you agree not to display or use in any manner the Cura Marks. All trademarks, brands, and content on Cura are the property of their respective owners.
You agree not to infringe our Copyrights, Trademarks, Trade Secrets, Patents, or other intellectual property rights.
You agree not to engage in any activity that would constitute copyright infringement with respect to the Content. You may not reproduce, create derivative works of, distribute, publicly perform, or publicly display the Content or any portion thereof without our prior written consent. You may, however, use the Apps as they are designed and intended to be used, including using App features which allow you to re-post Content or portions of Content, including those which permit you to distribute Content through other third-party applications and mediums (such as Facebook or Twitter), so long as you do not modify that Content or the functionality of those features in any way. This right to re-post Content does not create for you or grant you any additional rights in such Content. Additionally, you may not use any metatags or any other “hidden text” utilizing the name “Cura” without our prior written permission.
You agree not to access, attempt to access, or use our Data without our Permission.
You agree not to access, attempt to access, request access not authorized by the Apps, or use any App Content or data without our permission. This means that you agree not to transmit, download, upload, post, sell, rent, license, transfer, disclose, mirror, frame, reverse engineer, decompile, disassemble, or use any aspect of the Apps or any Content, in whole or in part, in any form or by any means.
Contact us if you believe materials on our Apps infringe your copyright.
If you believe any materials accessible on or from Cura infringe your valid and enforceable copyright, you may request removal of (or access to) those materials (or access thereto) from us by contacting us and providing us with information pursuant to our SAIP Removal Procedure.
Submissions
You agree to abide by our Submission Guidelines
You agree that you will not upload or transmit any communications or content of any type that infringes or violates any rights of any party. The personal information you submit to Cura is governed by the Cura Privacy Statement, the terms of which shall govern in the event of any inconsistency with this Agreement. You agree that User or Doctor submissions will apply with Cura’s Submissions Terms and Policies. If you are a User you agree to the User Submission Terms and Policies. If you are a Doctor you agree to the Doctor Submission Terms and Policies.
You give us rights in what you submit.
With the exception of any personal data or information you submit (which shall be maintained in accordance with our Privacy Policy) and other information governed by the and the rules and regulations promulgated thereunder (as amended to date, “Saudi HIE”), if you make any submissions (by email or otherwise) on, to or through Cura, including but not limited to data, questions, comments, suggestions, business information, ideas, concepts or inventions, you make such submission without any restrictions or expectation of compensation or of confidentiality, and you agree that your submissions may be used without restriction for any purpose whatsoever, and you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-Cura the complete right to freely use such submissions in any way, commercial or otherwise, and for any purpose whatsoever, including the right to use, reproduce, modify, adapt, publish, transmit, translate, create derivative works from, publicly perform or display (in any media or form now known or hereafter developed), or otherwise communicate to the public, in the form of a royalty-free, perpetual, irrevocable, worldwide nonexclusive license. Cura may sublicense its rights. Such submissions will be treated as non-confidential and nonproprietary and will become the property of Cura, and Cura shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Cura for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Cura does not accept unsolicited recruiter or similar submissions and noes not pay fees for any such parties without a current contract on file, and you agree that any submissions of candidates by a recruiter or other third party without a valid and signed recruiting agreement in place with Cura prior to such submission will not be subject to any recruiter or similar fees.
Don’t submit anything to us if you don’t want to give us rights to it. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them on, through, or to Cura, by email or otherwise.
Cura Medical Experts
About Cura Medical Experts
Medical Experts on the Apps include respected doctors throughout KSA. Only licensed doctors may participate as Medical Experts on Cura (including Cura App). Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to Cura as a Medical Expert on Cura or participating in Cura Prime or Cura Concierge. Supplemental Terms of Use apply to Experts who participate in Cura (including those who provide Premium Services).
Personally Identifiable Information
Our members have a right to the privacy of their identity.
Cura does not disclose personally identifiable information about our members (please see our Privacy Statement for details), however, you understand and agree that if you choose to use Cura Premium Services, that personally, identifiable information will be visible to the doctors with whom you interact. As a reminder, we prohibit commercial use of the Apps.
Termination
All of our members are required to honor this Agreement.
Your permission to use the Content and Services ends immediately if you violate any of the terms of this Agreement. We may place limits on, modify, or terminate your right to access and use Cura and the Services and/or Content at any time. This suspension or termination may delete information, files, and other previously available Content.
Changes to this Agreement
We may update these Terms of Use.
When we make changes, we will revise the “last modified” date at the top of this document. We encourage you to review these Terms of Use periodically. Your continued use of Cura constitutes your agreement to the changed Terms of Use.
Indemnification & Exclusions and Limitations
Exclusion of Warranties
THE APPS AND THE CONTENT AND SERVICES ARE PROVIDED “AS IS.” NEITHER WE, CURA MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAKE ANY EXPRESS WARRANTIES, AND WE AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT CONTENT OR SERVICES SATISFY GOVERNMENT REGULATIONS INCLUDING THOSE REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS. CURA AND THE CONTENT AND SERVICES WERE DEVELOPED FOR — USE IN THE KINGDOM OF SAUDI ARABIA AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION CONCERNING CURA AND THE CONTENT OR SERVICES WHEN — USED IN ANY OTHER COUNTRY.
Limitation of Liability of Cura
We cannot and do not assume any responsibility or liability for the use or misuse, by you or any third party, of any Content or other information submitted, transmitted, or received via our Apps.
Use at your own risk
The Apps and the Content are provided on “as is” basis. NEITHER WE, CURA MEDICAL EXPERTS, NOR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, EVEN IF THE PARTY KNOWS OR SHOULD KNOW THAT OTHER DAMAGES ARE POSSIBLE, OR THAT DIRECT DAMAGES ARE NOT A SATISFACTORY REMEDY. THE LIMITATIONS IN THIS SECTION APPLY TO YOU ONLY TO THE EXTENT THEY ARE LAWFUL IN YOUR JURISDICTION. WE DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Specifically, and without limiting the foregoing, We, our licensors, and our suppliers make no representations or warranties about (i) the accuracy, reliability, completeness, currentness, or timeliness of the Content provided on or through the use of Cura, whether by Cura or any other party; or (ii) the satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with Cura.
Content on the Apps created, modified, submitted, or validated by Medical Experts or other healthcare experts on Cura (collectively, “Expert Content”) are subject to the following additional terms and conditions. (When we use the term Content elsewhere in this TOU, this term includes Expert Content.) The authors or third party posting such content (“Posters”) are solely responsible for their content. While we hope that you will find the Expert Content informative and educational, neither we nor the Poster make any representations or warranties with respect to any information offered or provided within or through the Expert Content regarding the treatment of medical conditions, actions, or application of medication. Under no circumstances, as a result of your use of the Expert Content or this Site, will the Expert Content Poster or such Poster’s employer or sponsor be liable to you or to any other person for any damages or harm-including any direct, indirect, special, incidental, exemplary, consequential or other damages under any legal theory, including, without limitation, tort, contract, strict liability or otherwise, even if advised of the possibility of such damages. Without limiting the generality of the foregoing, the Poster (and such Poster’s employer and/or sponsor) shall have absolutely no liability in connection with Cura for (a) any loss or injury caused, in whole or in part, by the Poster’s actions, omissions, or negligence, in procuring, compiling, or delivering information within or through Expert Content; (b) any errors, omissions, or inaccuracies in such information regardless of how caused, or delays or interruptions in delivery of such information; or (c) any decision made or action taken or not taken in reliance upon such information. This means you should not rely on the Expert Content or make medical or other important decisions based on it, and it also means that the Posters are not responsible for what you do or don’t do with the Content. For medical advice, treatment, or diagnosis, see your personal doctor or healthcare provider. You agree to indemnify and hold the Poster (and the Poster’s employer and/or sponsor) harmless from any claim or demand, including attorneys’ fees, made by any third party as a result of (1) any content posted or made available by you through Expert Content, (2) any violation of the law that occurs by you through your use of Expert Content or this Site, and/or (3) anything you do using Expert Content, our Apps and/or the information contained therein.
NEITHER US, THE MEDICAL EXPERTS ON CURA, OR ANY OF OUR LICENSORS MAY BE HELD LIABLE UNDER THIS AGREEMENT FOR MORE THAN ONE HUNDRED RIYAL (SR 100).
Cura, its licensors, its suppliers, or any third parties mentioned on Cura are not liable for any personal injury, including death, attributable to or caused by your use or misuse of Cura or Content (including member supplied Content or Medical Expert supplied Content). Any claims arising in connection with your use of Cura or any Content must be brought within one (1) year of the first date of the event giving rise to such action. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions. The limitations of liability in this section do not apply to breaches of intellectual property provisions by you or your indemnification obligations relating hereunder. When dealing with personal injury cases, you will need to make sure that you use a law firms that are professional as injuries can be complicated and the cases can be complex, especially when you want to get the best remedy possible.
Remedies
IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENT OR MATERIALS ON OUR SITE, OR ANY SERVICES OR INFORMATION AVAILABLE THROUGH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR SITE. THIS LIMITATION APPLIES EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
Arbitration
By using the Apps, you agree to be bound by our Arbitration Agreement. This agreement applies to all users, whether members and Medical Experts.
Certain Content may be licensed from third-parties.
The licenses for some of this Content may contain additional terms. When such Content licenses contain additional terms, we will make these terms available to you on those pages, in the Terms of Use or in the Additional Information section of our Apps (which is incorporated herein by reference).
Cura is a registered Trademark of Cura Inc. Any other trademark, brand, or content on Cura that is not the property of Cura is the property of its respective owner.
This Agreement, and the other agreements referenced in it (like our Privacy Policy), is the entire agreement between you and us relating to Cura. This Agreement replaces any prior agreements unless such prior or subsequent agreement explicitly provides otherwise and specifically references this agreement. If there is any conflict between this agreement and a mutually signed written agreement between you and us related to Cura, the signed written agreement will control.
We reserve the right to modify or discontinue our Content and Services (including but not limited to Cura and Cura Premium Services) with or without notice to you, and you agree that we are not liable to you or any third party should we modify or discontinue any services, and that your only recourse is to cease using the Services. Continued use of Services following any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as modified.
Other parties may have rights under this agreement. A “third party beneficiary” is another party (for example, a company) who is not directly mentioned in an agreement, but who may have some rights arising out of an agreement. Our licensors may be third party beneficiaries to this Agreement pursuant to our agreements with them. To the extent our licensors are third party beneficiaries to this Agreement, the rights and protections provided to us under this Agreement inure to their benefit.
If we provide you with a translation of the English language version of this agreement, the English language version of this agreement will control if there is any conflict.
If we choose not to enforce any provision of this Agreement, we retain the right to enforce it in the future. This means that the failure to enforce any provision of this Agreement does not constitute a waiver of that provision. If any provision in this Agreement is found to be unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision’s essential purpose.
This agreement is governed by legal system of Saudi Arabia. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS RIYADH, SAUDI ARABIA. YOU AND US CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. Nothing in this agreement limits either party’s ability to seek equitable relief.
Cura Arbitration Agreement
Cura’s Terms of Use require the use of arbitration to resolve disputes and also limits the remedies available to you in the event of a dispute. Most concerns can be resolved quickly by contacting our support department at support@cura.healthcare. In the unlikely event that our support team is unable to resolve a legitimate legal complaint you may have (or if Cura has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small-claims instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. We request that you work with us to resolve any disputes for 30 days after notifying us of such issues before filing arbitration.
First things first: let’s try to sort it out. We want to address your concerns without a formal arbitration or case. Before filing a claim against Cura, you agree to make a good-faith effort to try to resolve the dispute informally by contacting support@cura.healthcare and responding promptly to any related communications. We’ll try to resolve the dispute by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Cura may bring a formal proceeding.
This Arbitration Agreement (“Arbitration Agreement”) is a condition of the Terms of User of Cura and the Apps. The effective date of this agreement is August 30, 2014 (the “Effective Date”).
If you reside in Saudi Arabia or are otherwise subject to the laws of Saudi Arabia, you agree that any and all disputes or claims that have arisen or may arise between us – except any dispute relating to the enforcement or validity of your, our, or our licensors’ intellectual property rights – shall be resolved exclusively through final and binding arbitration, rather than in court. Saudi Center for Commercial Arbitration (SCCA) governs the interpretation and enforcement of this Arbitration Agreement.
Any arbitration proceedings shall be conducted by the Saudi Center for Commercial Arbitration (SCCA) under its rules and procedures applicable at that time, including the SCCA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the SCCA’s website. The arbitration shall be held in Riyadh, Saudi Arabia, or at another mutually agreed location. If the reasonable value of the relief sought is SAR 5000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us unless the arbitrator requires otherwise.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Cura should be addressed to General Counsel, Cura, at the current company address indicated on the Cura website (https://cura.healthcare) (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought and the specific applicable legal basis for the requested relief (“Demand”).
The arbitrator will decide the substance of all claims in accordance with the laws of Saudi Arabia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Cura users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the SCCA Rules.
The SCCA rules will govern the payment of all filing, administration, and arbitrator fees unless our Arbitration Agreement expressly provides otherwise. If the amount of any claim in arbitration is SAR 1,000 or less, Cura will pay all arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the SCCA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous or without merit under Cura’s Terms of Use or otherwise (“Frivolous Claims”). In such a case, we will make arrangements to pay all necessary fees directly to the SCCA. If the amount of the Claim exceeds SAR 5,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Cura will pay as much of the filing, administration, and arbitrator fees as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are FrivolousClaims, you agree to reimburse Cura for all fees associated with the arbitration paid by Cura. Cura’s obligations to pay these fees shall be made after a preliminary determination that the claims are not barred or limited by the Cura Terms of Use. Bared or limited claims constitute Frivolous Claims.
YOU AND CURA AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CURA — USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire Arbitration Agreement shall be null and void. The remainder of the User Agreement and its Legal Disputes Section will continue to apply.
The Opt-Out deadline for opt-in out of this Arbitration Agreement has passed.
CLAIMS ARE TIME-BARRED. You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
On Cura, only informational questions submitted for educational purposes are allowed. No personal health questions are permitted – questions may describe a general situation, illustration, illness or symptoms but please do not provide facts that give questions the impression of being unique to a single patient.
No requests for prescription, diagnosis or treatment should be made on Cura (for medical care, please use Cura App, as appropriate and available). Any second opinions received on Cura are not diagnosis, prescription, or treatment, and are for informational purposes only. The content of any response is at the sole discretion of the Medical Expert answering the question.
There is no guarantee that any submitted question will be answered; questions are answered at the sole discretion of participating Medical Experts. No follow up questions or personal information should be included in Thanks notes or other posts on or through Cura.
IN CONSIDERATION FOR PERMISSION TO — USE CURA YOU AGREE TO ABIDE BY ALL APPLICABLE TERMS OF — USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE ACCOUNT CANCELLATION:
• Excluding Cura Premium Services, No Individual or Specific Patient Questions.Do not post any facts that give the impression that a question is uniquely patient-specific, or are about a specific person, including yourself.
• Only Adults May Post.Minors may not create their own profiles on Cura and Cura does not permit the posting of questions by persons under 13 years of age. Caregivers may post educational questions related to authorized care recipients (such as the mother posting questions about an infant).
• No Posting of Personally Identifiable Information. Do not post name(s), email address(es), or telephone number(s), URLs, or any other confidential or Personally Identifiable Information for you or any other person or entity on Cura.
• No Posting for Illegal Purposes. Do not use Cura for any purpose in violation of local, state, federal, or international laws.
• No Infringing or Impersonating Postings. Do not post material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others; do not post impersonating another person or entity.
• No Inappropriate Postings. Do not post material that is unlawful, misleading, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by us in our sole discretion.
• No Excessive or Inappropriate use. Do not use the Apps excessively or inappropriately or in ways that the Apps were not designed for or that are not, in the opinion of Cura doctors, medically appropriate or legitimate.
• No Promotions or Links. Do not post advertisements or solicitations or links to other websites or individuals.
• No Spam or Schemes. Do not post the same question more than once or “spam” Cura; no posting of chain letters or pyramid or other schemes.
• No Detrimental Behavior. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying Cura, or which, in the judgment of Cura, exposes us or any of our members, partners or suppliers to any liability or detriment of any type.
Rules for submitting questions or posting Content on Cura
You agree to our Terms and Conditions and Rules
By using (including by accessing or attempting to access) Cura you agree that we have the right (but are not obligated) to: investigate an allegation that a communication or Content does not conform to these Terms and Conditions and determine in our sole discretion to remove or request the removal of the communication or Content; remove Content (including member-submitted questions) that we determine, in our sole discretion, to be abusive, illegal, or disruptive, or that otherwise fails to conform to these Terms and Conditions; terminate a member’s access to Cura upon any breach of any of these Terms and Conditions; terminate a member’s access to Cura if the member’s registration information and/or email address is no longer valid; and remove any communication in Cura; regardless of whether such communication violates these standards. We reserve the right to take any other action we deem necessary to protect the personal safety of our guests, visitors, and the public.
Only submit what you have a right to submit
If you make any such submission you agree that you will not send or transmit to Cura any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Cura by email or otherwise, you agree such submission is non-confidential for all purposes. You agree to only post or upload Media (like photos) that you have taken yourself or that you have all rights to post or transmit and license, and which do not violate copyright, trademark, privacy or any other rights of any other person. By uploading any media on Cura, you are representing and warranting to us that you have permission from all persons appearing in your media for you to use the media in this way, and to grant the rights described in these Terms of Use. Never post a picture with someone else unless you have their explicit permission.
Be a responsible and sensitive community member
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography including links to pornographic sites, sexually explicit, medically inappropriate, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions our Privacy Statement or any other Cura policy.
Don’t upload any viruses or software
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
You grant us a right when you upload or submit media or content
We need to have the right to display the content and media you upload to us. By uploading any media, like a photo, (a) you grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes Cura to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify Cura and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these terms.
You understand that we may review and reject any submission
We reserve the right to review all media or any other submission prior to or after submission to the site and to remove any media or any submission for any reason, at any time, without prior notice, at our sole discretion.
Please note: The following guidelines apply to Cura, where the practice of medicine is not permitted. Different guidelines apply to Cura Premium Services, where you can engage in virtual video / audio / text consultations with patients within the context of a doctor-patient relationship.
By submitting Content to Cura you agree to abide by these guidelines and terms. A few things you should know:
• Only informational Answers for educational purposes are allowed
• No personal, individualized health answers are permitted
• You have no obligation to answer any submitted question
• Make Expert Submissions only when you reasonably believe that they are likely to be useful and helpful to Cura members
• Agree with Expert Submissions only when you have fully reviewed and actually agree with the content, and do not agree with your own Submissions
• If you participate in the Cura University Program: edit student and assistant answers before verifying them if you believe that you can improve the educational and informational quality of the answers, and verify student and assistant answers only when you reasonably believe that they are likely to be useful and helpful to Cura members and when they meet the same standards you would apply to your own answers
IN CONSIDERATION FOR PERMISSION TO — USE THE PUBLIC AREAS YOU AGREE TO ABIDE BY ALL OTHER TERMS OF — USE WHEN POSTING AND NOT TO DO ANY OF THE FOLLOWING, WHICH CAN RESULT IN YOUR IMMEDIATE SUSPENSION OR TERMINATION AS A MEDICAL EXPERT:
Cura answers should be relevant content that is educational and informational. Answers can provide general guidance, context, and illustration. You are welcome to refer to general medical conditions, symptoms and treatments, but please do not diagnose any individual member or prescribe any specific treatment in your answers. Individualized or diagnostic answers are not allowed and prescribing medications is not allowed. Answers should not provide specific treatment recommendations or give the impression that they are a substitute for a real-life consultation with a doctor. YOU ARE NOT PERMITTED TO PRACTICE MEDICINE ON OR THROUGH CURA, EVEN IF YOU ARE INTERACTING WITH AN ACTUAL PATIENT OF YOURS. ALL MEDICAL DIAGNOSIS, TREATMENT, PRESCRIPTION AND ACTUAL CARE MUST OCCUR ON CURA PREMIUM SERVICES (PRIME OR CONCIERGE) OR OUTSIDE OF CURA, REGARDLESS OF ANY EXISTING RELATIONSHIP BETWEEN THE PARTIES.
Feel free to interact professionally with members and create long-lasting relationships with those in your community. However, help us keep the personal information of our members confidential. Please don’t refer to members in or on Content in Public Areas by their real names, even if this information has been disclosed to you.
Avoid Offending Others
Responses should always be appropriate. Brief, casual, and friendly responses are the most useful. Help Cura remain a trusted resource, by avoiding potentially offensive content whenever possible.
Avoid Communications that Suggest a Physician-Patient Relationship
Share your professional clinical expertise though answers that are evidence-based and consistent with accepted standards in the medical community. Cura is for general questions. Refrain from using language that suggests an answer is provided for a single member. Unless you are in a Private Conversation with a user on Cura, refrain from answering questions that solicit your individual opinion as a single Medical Expert. Avoid answering questions or providing answers that suggest a duty of care and a physician-patient relationship.
Avoid Commercial Responses
You are allowed to link to external websites that are both appropriate and related to your responses, but answers on Cura should be complete and should not be used for primarily promotional purposes. Please do not plagiarize and cite sources where applicable. Using answers as a vehicle to promote a product or service is prohibited. Providing members with useful and beneficial information and attracting new patients through useful Content is permitted, but mere schilling is not.
Avoid Advertising or Specifically Soliciting Patients
Patients on Cura can find your professional contact information through your Virtual Practice, and can contact you for an appointment. However, please avoid violating medical board rules regarding advertising and patient solicitation.
Avoid Disclosing Confidential Material
Be careful not to discuss privileged or confidential details of past or current patients, or accidentally revealing confidential information in an indirect way – such as by discussing hypothetical illustrations that could be traced back to specific patients.
Avoid Violating Board Rules
Avoid other actions that violate board or other rules that apply to you.
Rules Governing Other Submissions
All other information, including suggestions, feedback, ideas, concepts and any other materials you disclose or offer to us on or in connection with Cura or any Content, are governed by the general member submission terms of this Agreement. This means that these submissions are made without any restrictions and without any expectation of confidentiality or compensation. You agree not to assert any property right or moral right of any kind with respect to any such submissions. You agree to our standard terms governing media submissions, except for the prohibition against uploading a facial portrait image of yourself for your Profile picture. You agree that your likeness, photograph, name, biographical information and any and all other information appearing.
Additional Terms: Cura Prime
The following terms apply to your use of Cura Prime and live virtual consults performed by video or audio or asynchronous inbox consults (collectively, “Virtual Consults”). By using Cura Prime you represent that you understand and agree to all of the following:
Understandings, Agreements and Representations
• You are entering into an agreement with Cura Medical Group, P.C., which shall be a provider of professional medical services to you.
• You are entering into a physician – patient relationship with the physician associated with Cura Medical Group, P.C. that personally performs the Virtual Consult for you.
• You represent and warrant to Cura Medical Group, P.C. that you have a primary care physician.
• You understand and agree that the physicians associated with Cura Medical Group, P.C. are only providing minor non-emergency medical services with respect to Virtual Consults.
• You understand that you should never delay seeking advice from you primary care physician or other health professionals due to information provided by a Healthcare Provider through Cura Prime. You agree to seek emergency help when needed, and continue to consult with your primary care physician as recommended by doctors on Cura Prime and by your primary care physician.
• You understand that if your medical condition warrants emergency help, the physicians associated with Cura Medical Group, P.C. will direct you to the nearest local hospital emergency department or emergency room.
• You understand that the services offered by Cura Medical Group, P.C. and Cura Inc. are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance. Cura Prime is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement.
• Cura, Inc. is the provider of certain administrative services to Cura Medical Group, P.C. and does not provide professional medical services.
• Cura agrees to refund you the cost of your virtual consult performed by video or telephone in the event that you are not happy with how Cura’s physician spoke to you during such virtual consult. (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to Cura of documentation supporting your request for a refund. All determinations of your eligibility for a refund are made solely by Cura and are final once Cura reaches its decision.
• You agree that physicians associated with Cura Medical Group, P.C., in performing a Virtual Consult, may not prescribe for you, the following drugs:
o Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
o Prescriptions for medications that are restricted by states
o Prescriptions for medications for psychiatric illnesses
o Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.
• Cura and Cura Prime are not doctors and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on Cura or Cura Prime, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
• You agree to the entry of your medical records into the Cura Medical Group, P.C. computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or phone system is totally secure. Cura Medical Group, P.C. recognizes your privacy and, in accordance with our Privacy Policy Statement, will not release information to anyone without your written authorization or as required by law.
• Cura maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH) and our contractual obligations with health care providers as a Business Associate of health care providers who are Covered Entities such rules. Cura collects information for the purposes of providing the Premium Services (including virtual consults), marketing and promoting our Services and Premium Services to you, and for market research data.
• You understand and agree Virtual Consults involve the communication of your medical information, both orally and visually, to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
• You also understand that Cura, Inc. a “covered entity” as defined under the Health Insurance Portability and Accountability Act and associated regulations. However, you understand that Cura Medical Group, P.C. and the physician associated with Cura Medical Group, P.C. are “covered entities” that are subject to the provisions of HIPAA pursuant to 45 CFR 103. Therefore, you understand and agree that your personally identifiable health information (“Health Information”) provided to Cura Medical Group, P.C. and the physician associated with Cura Medical Group, P.C. is subject to or protected by HIPAA. We will maintain the privacy of your Health Information as required by HIPAA.
• You also understand and agree that by using Cura and Cura Prime that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using Cura Prime or any features utilizing reminders.
• You agree to and accept the Vidyo End User License Agreement.
• You understand and agree that we are not responsible for the data bandwidth, signal strength, or internet or data connectivity of your mobile device or computer.
• You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.
• You agree to refrain from excessive or inappropriate use of Cura Prime, including but not limited to multiple consults for the same issue without a valid medical reason, attempts to obtain prescriptions unavailable through Cura Prime or not previously prescribed to you in a prior Cura Prime consult for the same issue, or any other behavior deemed by Cura or a Cura Prime doctor to be excessive or inappropriate.
• You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled platform. Cura is not responsible for any interactions with physicians not conducted on the Cura platform.
• You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on Cura Prime and via the Cura website and mobile apps.
Your Rights
Consequently, you understand that you have all the following rights with respect to Virtual Consults:
• Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
• Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult, including, without limitation, the name of the licensed physician associated with Cura Medical Group, P.C. treating me, and may receive copies of this information for a reasonable fee.
• Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
• Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
• Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.
• Follow-up. In the event that the diagnosis and treatment by the physician associated with Cura Medical Group, P.C. does not resolve the medical issue for which you sought a Virtual Consult, you agree to consult with your primary care physician in person for follow-up treatment; and/or seek treatment, if necessary at a local hospital emergency department.
• Consequences. I understand that, by having my consent to live virtual consults performed by video or telephone or asynchronous inbox consults, my physician associated with Cura Medical Group, P.C. may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
• Quality Assurance. I understand that records related to these consults may be reviewed under a Cura quality assurance program. Records of Cura Quality Assurance Committee records subject to confidentiality.
Your Obligations
• Privacy Statement. You agree to Cura’s Privacy Statement, the terms of which are incorporated herein by reference.
• True and Accurate Information. You agree that that all information you provide on Cura Prime relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on Cura Prime to ensure that it is true, accurate, current and complete at all times.
• Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize Cura to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. Cura’s fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify Cura for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that Cura is permitted to pass to you) and Cura may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Cura in writing, all fees paid are non-refundable. Cura reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).
• Emergency Help. You will agree to seek emergency help when needed or as recommended by doctors on Cura Prime and you agree continue to consult with your primary care doctor as recommended by your primary care doctor or the doctors on Cura Prime.
Additional Terms: Cura Concierge
The following terms apply to your use of Cura Concierge and live virtual consults performed by video or audio or asynchronous inbox consults (collectively, “Virtual Consults”). By using Cura Concierge you represent that you understand and agree to all of the following:
Understandings, Agreements and Representations
• You have an existing physician-patient relationship with any doctor with whom you have Virtual Consults using Cura Concierge.
• You represent and warrant to Cura that you have a primary care physician.
• You understand and agree that only minor non-emergency medical services are provided with respect to Virtual Consults.
• You agree to seek emergency help when needed, and continue to consult with other physicians as recommended by doctors on Cura Concierge and by your primary care physician.
• You understand that if your medical condition warrants emergency help, you will be directed to the nearest local hospital emergency department or emergency room.
• You understand that the services offered by Cura, Inc. are not health insurance, are not a substitute for health insurance, and you agree not to use such services as health insurance. Cura Concierge is designed for use independent of health insurance as an out-of-pocket cost service and that associated fees may not qualify for insurance or HSA or similar reimbursement.
• Cura, Inc. is the provider of certain administrative and technical services to doctors using the services and does not provide professional medical services.
• Cura agrees to refund you the cost of your virtual consult performed by video or audio in the event that a documented technical failure, which is the responsibility of Cura (and not your own technical or connectivity limitations) prevented the completion of the consult. (Satisfaction Guarantee does not apply to asynchronous inbox consults.) This guarantee is subject to your submission to Cura of documentation supporting your request for a refund. All determinations of refund eligibility are made solely by Cura and are final once Cura reaches its decision.
• You agree that prescriptions in Virtual Consults may be limited and may not include:
o Prescriptions for narcotics or DEA (Drug Enforcement Administration) (http://www.deadiversion.usdoj.gov/schedules/) controlled substances (Schedule I, II, III, IV)
o Prescriptions for medications that are restricted by states
o Prescriptions for medications for psychiatric illnesses
o Prescriptions for lifestyle medications such as erectile dysfunction or diet drugs.
• Cura and Cura Premium Services are technology platforms, not doctors, and do not practice medicine and do not participate in or interfere with the practice of medicine by doctors on Cura or Cura Concierge, each of whom is responsible for his or her services and compliance with the requirements applicable to his or her profession and license.
• You agree to the entry of your medical records into the Cura computer database and understand that all reasonable measures have been taken to safeguard your medical information, in accordance with federal HIPAA standards, as amended to date, but no computer or information or communications system is totally secure. In accordance with Cura’s Privacy Policy Statement, we will not release information to anyone without your written authorization or as required by law.
• Cura maintains protected health information (PHI) in compliance with federal privacy and security rules (HIPAA and HITECH) and our contractual obligations with health care providers as a Business Associate of health care providers who are Covered Entities such rules. Cura collects information for the purposes of providing the Premium Services (including virtual consults), marketing and promoting our Services and Premium Services to you, and for market research data.
• You understand and agree Virtual Consults involve the communication of your medical information to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside of the state/jurisdiction.
• You also understand that Cura, Inc. is a “covered entity” as defined under the Health Insurance Portability and Accountability Act and associated regulations and Cura will maintain the privacy of your Health Information as required by HIPAA.
• You also understand and agree that by using Cura and Cura Concierge that we may automatically send your own personal health information and related reminders to you and you opt into receiving this information by email, mobile notification, or using other contact information provided by you in your account settings. You may opt out of receiving any such communication via email or mobile notification at any time through your account settings. If you prefer not to receive or do not consent to the receipt of personal health information by email or mobile notification, you agree to update your account notification settings before using Cura Concierge or any features utilizing reminders.
• You agree to and accept the Vidyo End User License Agreement.
• You understand and agree that we are not responsible for the data bandwidth, signal strength, or Internet or data connectivity of your mobile device or computer.
• You agree to refrain from abusive language or engaging in inappropriate behavior when with physicians during a consult and agree that a physician may terminate a consult at any time should inappropriate behavior or language be used or if in the physician’s sole judgment the consult is no longer appropriate or productive.
• You agree to refrain from excessive or inappropriate use of Cura Concierge, including but not limited to multiple consults for the same issue without a valid medical reason, attempts to obtain prescriptions unavailable through Cura Concierge or not previously prescribed to you in a prior Cura Concierge consult for the same issue, or any other behavior deemed by Cura or a Cura Concierge doctor to be excessive or inappropriate.
• You agree to refrain from contacting or seeking to contact the physician for telemedicine care outside of the platform. This protects both patients and physicians and to ensure clinical care is delivered in a reliable, continuous and controlled platform. Cura is not responsible for any interactions with physicians not conducted on the Cura platform.
• You represent and warrant to us that, to the extent you enter “protected health information” (as such term is defined under HIPAA) for a third person, you are legally authorized to do so on behalf of such third person, and such third person has validly consented to your inputting of, and your review of, “protected health information” of such third person on Cura Premium Services and via the Cura website and mobile apps.
Your Rights
Consequently, you understand that you have all the following rights with respect to Virtual Consults:
• Free Choice. I have the right to withhold or withdraw my consent to Virtual Consults at any time without affecting my right to future care or treatment.
• Access to Information. I have the right to inspect all medical information transmitted during a Virtual Consult and may receive copies of this information for a reasonable fee.
• Confidentiality. I understand that the laws that protect the confidentiality of medical information apply to Virtual Consults, and that no information or images from such interaction which identify me will be disclosed to other entities without my consent.
• Risks. I understand that there are risks from Virtual Consults, including the following: 1) Loss of records from failure of electronic equipment, 2) power or other technical failures with loss of communication, and 3) invasion of electronic records by outsiders (hackers). Finally, I understand that it is impossible to list every possible risk, that my condition may not be cured or improved, and in rare cases, may get worse.
• Benefits. I understand that I can expect the following benefits from Virtual Consults, but that no results can be guaranteed or assured: (i) reduced visit time, (ii) rapid innovation of treatments, and (iii) focused information.
• I agree to consult with my primary care physician or specialist in person for follow-up treatment, and/or seek treatment, if necessary at a local hospital emergency department, in the event that the diagnosis or treatment provided via the virtual consult using Cura Concierge does not resolve the medical issue for which the consultation was sought.
• I understand that, by consenting to live virtual consults performed by video or audio or asynchronous inbox consults, my physician may communicate medical information concerning me to physicians and other health care practitioners located in other parts of the state/jurisdiction or outside the state/jurisdiction.
• Quality Assurance. I understand that records related to these consults may be reviewed under a Cura quality assurance program. Records of Cura Quality Assurance Committee records subject to confidentiality.
Your Obligations
• Privacy Statement. You agree to Cura’s Privacy Statement, the terms of which are incorporated herein by reference.
• True and Accurate Information. You agree that that all information you provide on Cura and Cura Concierge relates to you and is current, complete, and accurate. Additionally, you agree to update and maintain such information on Cura and Cura Concierge to ensure that it is true, accurate, current and complete at all times.
• Payment. You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You authorize Cura to immediately invoice your credit card or other payment account provided for all fees and charges due and payable and agree that no additional notice or consent is required. Cura’s fees are net of any applicable sales tax and if any services or payments for any goods or services are subject to sales tax in any jurisdiction. You will be responsible for payment of such sales tax and any related penalties or interest and will indemnify Cura for any liability or expense incurred in connection with such sales taxes (including any use tax and any other tax measured by sales proceeds that Cura is permitted to pass to you) and Cura may automatically charge and withhold such taxes for services to be delivered within any jurisdictions that it deems is required. Unless otherwise agreed to by Cura in writing, all fees paid are non-refundable. Your credit card information and other financial data needed to process your payment are collected and stored by third party payment processors, and we may collect some limited information. The use of your data by any such third party payment processors is subject to their privacy policies. These third parties generally provide us with some limited information (such as a unique token that enables you to make additional purchases using the information they’ve stored, and your card’s type, expiration date, and last four digits). Cura reserves the right, without notice, to modify, change, terminate, or suspend service for a subscription plan you are on if, for any reason, payment for such plan is not made or cannot be processed on the due date. This right to modify a subscription plan includes, but is not limited to, the right to change a subscription plan type (for example, from a fixed fee plan without consult co-pays to a lower priced fixed-fee plan with consult co-pays). You may adjust your subscription settings at any time (where applicable, by paying any amounts due).
• Emergency Help. You will agree to seek emergency help when needed or as recommended by doctors on Cura Concierge and you agree continue to consult with your primary care doctor or speicalist as recommended by your primary care doctor or specialist or the doctors on Cura Concierge.
THESE ADDITIONAL TERMS APPLY TO CURA MEDICAL EXPERTS (“ADDITIONAL EXPERT TERMS”) WHEN USING CURA AS A CURA MEDICAL EXPERT. IF YOU ARE A CURA MEDICAL EXPERT YOU AGREE TO ABIDE BY ALL CURA TERMS OF — USE, AND THAT WHERE AN ADDITIONAL EXPERT TERM CONTRADICTS A MEMBER TERM OF — USE, THE ADDITIONAL EXPERT TERM SHALL PREVAIL. THESE ADDITIONAL EXPERT TERMS APPLY TO YOUR — USE OF CURA AS A CURA MEDICAL EXPERT; IF YOU — USE THE APPS AS A MEMBER, YOU AGREE TO ALL MEMBER TERMS OF — USE.
As a Cura Medical Expert, you are required to register with and use your real name, professional contact information, and (if you choose to upload a picture) a real image of you in your Public Profile. You consent to Cura’s use on or in connection with the Apps of your name, likeness, photograph, biographical information and other personal information provided by you to Cura or publicly available about you.
Licensed doctors may apply to be and participate as Medical Experts on Cura. Doctors whose licenses are or become suspended or revoked, for any reason, are not permitted and agree not to participate in any way, including but not limited to submitting Content to Cura, as a Medical Expert on Cura. Cura may expand the network to include other licensed medical experts.
You retain the right to edit and delete your own Expert Submissions that appear in your Public Profile at any time. You also retain the right to use and create derivative works from your own Expert Submissions elsewhere (such as on your own practice website, blog, or in your own social media posts).
When a Cura Medical Expert submissions related to any Cura feature or function and made for publication on Cura (such as an answer to a question) (an “Expert Submission”), you grant Cura an unrestricted right without limitation to use, reproduce, extract data from or add data to, publish and post any such Expert Submissions, including in connection with or on Cura, including in connection with your name. This means that when you make such a submission to us, you are giving us rights to this content, including the right to post it on Cura and use it in connection with Cura. You also give us the right to give or transfer all rights granted herein to others. While Expert Submissions generally are posted to Cura, we do not have an obligation to post any particular Expert Submission on Cura and reserve the right, at our sole discretion and for any reason whatsoever (including but not limited to an Expert Submission being reported to us), to not post and/or to remove any Expert Submissions at any time.
Medical Experts: Rules when Submitting Expert Content
So that everyone can enjoy Cura, we have rules for Expert Public Submissions. By submitting content to Cura you agree to follow our rules for Expert Submissions to Cura.
You will receive compensation for participating in Cura App according to the Prime Additional Terms and Concierge Additional Terms and related agreements, which are incorporated herein by reference. When sign up for and deliver care through Cura Premium Services, you agree to abide by all of the terms of the applications you submit to, and the contractual agreements you enter into with, Cura or Cura Medical Group, P.C. related to those services (including any representations and warranties and terms governing indemnification and obligations).
Medical Experts: Conflicts Disclosure Policy
You agree to comply with this Conflicts Disclosure Policy (“CDP”) when using Cura or making Expert Submissions. This CDP governs the disclosure of financial interests by Cura Medical Experts. Conflicts of interest can be financial and/or personal. As used in this policy, “Industry” means any company, entity, or third party that produces, manufactures, or distributes a pharmaceutical, medical device, implant, or other medical care-related product or service.
All Medical Experts with a material financial relationship with Industry must disclose such a relationship in any answer or other similar Content submitted to Cura when such Content mentions any product or service in which such an interest exists, with the following or similar language: “The author or poster of this content has a financial interest in a product or service mentioned herein.”
Cura in exchange for compensation of any kind, including but not limited to as a paid consultant to any entity (including any company or organization) or individual. Medical Experts should ensure that any conflict or potential conflict of interest does not affect or appear to affect his or her contributions of Content to the Cura. Medical Experts approved for Cura Premium Services may receive compensation for services rendered through Cura Premium Services.
No Posting of Content Written by Interested Parties
Medical Experts may not publish Content under their own names that is written in whole or material part by (a) parties with a financial interest in any product or service mentioned in the Content, or (b) employees of Industry. Accepting compensation for posting Content to Public Areas and/or posting ghostwriting by Interested Parties on Cura is prohibited.