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Terms of Use

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. The following ‘Terms of Use Agreement’ (“Agreement”) governs the use of http://www.curemark.com (the “Site”) which is operated and maintained by Curemark, LLC (“Curemark”). This Agreement also incorporates by reference the terms of Curemark’s Privacy Policy. The words "you," “your” and "user" as used herein refer to all individuals and/or entities accessing or using the Site for any reason. By accessing and using this Site, you accept, without limitation or qualification, this Terms of Use Agreement. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THIS SITE.

Curemark reserves the right, in its discretion, to change or modify this Agreement from time to time and at any time by posting such new terms on the Site. All such changes to this Agreement will be effective immediately upon posting and the date of the most recent revisions will appear at the bottom of this page, so check back often. Your use of the Site will constitute your binding acceptance of this Agreement, as amended from time to time. The Site is maintained for your convenient access to information about Curemark, events, benefits, news, promotions and updates as well as industry links, news, travel information, surveys and newsletters. IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.

Content

All content, names, likenesses, images, graphics, code and software, photographs, audio and video clips, scripts, links, interactive features and other material (collectively, the “Content”) used on or incorporated into this Site, and the arrangement or integration of all such Content, are either registered trademarks, trademarks, trade names, service marks or otherwise protected property of Curemark, or licensed to Curemark and all rights thereto are specifically reserved. Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without Curemark’s prior written consent in each instance. You agree to comply with and keep intact and any copyright notices, trademark notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether Curemark owns certain Content contained on this Site, do not download or copy it without first contacting Curemark (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, download, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Curemark or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.

This Site may contain typographical errors or inaccuracies and may not be complete or current. Curemark therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

Curemark specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on this Site by Curemark or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on this Site infrastructure; and using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site.

Third-Party Sites

The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the “third-party sites”). Curemark does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by Curemark or imply that Curemark sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. Curemark is not responsible for the contents of, or any products or services offered on, any third-party sites. You need to make your own independent decisions regarding your interactions or communications with any other website.

Medical Information

This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. You should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.

Children’s Privacy

This Site is not directed at children who are under 18 years of age. It is Curemark’s policy to require that individuals requesting information on this Site be 18 years of age or older.

Should we receive Personal Information from a person who we know is under 18, we will automatically delete such information from our database. The information will not be used for any purpose.

Copyright/Intellectual Property Policy

Curemark respects the intellectual property of others, and Curemark asks its Site users to do the same. Curemark may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of others; however, Curemark has no responsibility for content on other websites that you may find or access when using Curemark’s Sites. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms and conditions of this Agreement, govern your use of that material.

It is Curemark’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Curemark and/or others.

Permissions

If you are seeking permission to use Curemark’s trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other Content, features, please contact Curemark Customer Relations at customerrelations@curemark.com.

Security

From time to time, Curemark may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as Curemark may, in its sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, Curemark may, in its sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

Termination

Curemark reserves the right, in its sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. Curemark may change, suspend, discontinue or disable all or any aspect of the Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Disclaimer

You agree that your use and browsing of the Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. CUREMARK DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES CUREMARK WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT AND INFORMATION ON THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.” NEITHER CUREMARK, NOR THIRD PARTY CONTENT PROVIDERS AND CUREMARK’S AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Curemark’s liability is limited to the greatest extent permitted by law.

ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES CUREMARK BELIEVES TO BE RELIABLE, CUREMARK CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER CUREMARK, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR’S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR’S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR’S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF CUREMARK OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL CUREMARK, ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF CUREMARK, ITS AFFILIATES OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF CUREMARK’S OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. NEITHER CUREMARK, NOR ITS MEMBER(S), OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS WILL BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING CUREMARK’S SITE.

You specifically acknowledge and agree that Curemark and its member(s), officers, directors, employees, agents, contractors, successors and assigns are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while Curemark intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Curemark does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and Curemark shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.

Curemark will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond Curemark’s reasonable control.

Indemnity

You agree to defend, indemnify, and hold harmless Curemark, its affiliates, and its and their respective members, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any information you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach of the terms of this Agreement.

Restrictions On Use of Material

Except as expressly permitted, you agree not to use the Site for sale, trade or other commercial purposes, and, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content on the Site. Only if you obtain prior written consent from us – and from all other entities with an interest in the relevant intellectual property – (in each instance) may you publish, display or commercially exploit any material from the Site. To seek Curemark’s permission, you may write to us at the address provided below. If permission is granted by Curemark and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site.

Unsolicited Materials

Curemark does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or Curemark mail and e-mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas or comments (collectively, the “Unsolicited Materials”) sent to Curemark will be deemed non-confidential. By submitting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain the property of Curemark.

User’s Grant Of Limited License

By communicating with Curemark, including submitting or sending Unsolicited Materials or other information or material to the Site, you grant Curemark the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Curemark. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any “moral rights” you may have in the Unsolicited Materials.

For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Curemark, and in connection with Curemark's exercise of any other rights granted hereunder as Curemark determines in its sole discretion. You hereby release Curemark from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, image, photo, likeness, voice and performance as set forth in this Agreement.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUREMARK, ITS SUBSIDIARIES AND/OR RELATED ENTITIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND CUREMARK’S AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS, ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER CUREMARK, CUREMARK’S AFFILIATES, SUBSIDIARIES AND/OR RELATED ENTITIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF CUREMARK’S OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.

Void Where Prohibited

This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information pertaining to Curemark is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. This site may link to third-party sites produced by entities outside the U.S. Those third-party sites may have information that is appropriate only to that particular originating country. Curemark reserves the right to limit provision of its services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any service made on this Site is void where prohibited.

Governing Law

The terms of this Agreement shall be construed in accordance with the internal laws of the State of New York without regard to its conflict of laws, and you and Curemark irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York.

Last updated as of May 15, 2010.