Introduction
The following are the terms and conditions of use (the “Terms of Use”) that apply to this website (wewillcure.com) and any subdomains owned and operated by Cure Experience Services LLC (“Cure”) and any materials that are downloaded from this Website, including any brochures (collectively, the “Website”). By accessing this Website on any device, you agree to, and agree to abide by, the following terms and conditions.
Modification of Terms and Conditions
Cure maintains the right to modify these Terms of Use at any time and for any reason by updating this page without directly notifying users of these changes, and such modified terms shall be effective immediately upon posting. We encourage users to review these terms regularly. If you object to any modified condition or provision, then you may terminate your use of this Website immediately. Continued use of the Website indicates your agreement with these terms, including any modifications present on this page at the time of use.
Intellectual Property
Unless otherwise specified, any and all content, copy, logo and other visual assets on this Website are the sole property of Cure. Users are not permitted to distribute or use these assets without the express written permission of Cure. CURE®, DEERFIELD® and ADVANCING HEALTHCARE® are registered trademarks of Deerfield Management Company, L.P. (“Deerfield”) and may not be used without the express written consent of Deerfield.
Third-Party Links
This Website may contain links to third-party sites. We encourage users to review the terms and conditions of any third-party sites before use. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Cure. Cure does not endorse, approve, certify, or control these external Internet Websites and does not guarantee or assume responsibility for the accuracy, completeness, efficacy or timeliness of information located at such Websites, nor does Cure warrant that such Websites are free from claims of copyright, trademark, or other infringement of the rights of third parties or that such Websites or content are devoid of viruses or other contamination. Use of any information obtained from such Websites is voluntary, and at such user’s own risk, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Cure. You acknowledge and agree that Cure has no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through such other sites.
User Limitations
By accessing this Website, you agree to not use this Website, any subdomain or any provided by the Website or subdomain for any unlawful conduct, for any purpose prohibited by these terms, or for any purpose not reasonably intended by Cure. Prohibited uses include, but are not limited to, the following:
The abuse, harassment and/or impersonation of any other individual or entity, whether actual or fictitious.
Communication with employees of Cure in a way that is offensive or abusive.
Any action intended to defraud an employee of Cure or any individual.
The creation or transmission of any unwanted spam content or links.
The violation of any existing trademark or copyright.
Any purpose that violates the laws of the jurisdiction where you access this Website or any other applicable laws.
You further agree that you shall not:
use, redistribute, republish or exploit any part of this Website for any commercial or promotional purposes;
obtain or attempt to gain unauthorized access to other computer systems, materials or information available on or through this Website through any means;
use this Website in any manner that could interrupt, damage, disable, overburden or impair this Website or interfere with any other party’s use and enjoyment of this Website, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
use this Website to violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind;
disclose any sensitive, proprietary or confidential information, about yourself or anyone else; and
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with this Website.
DCMA Notice
Cure respects intellectual property rights and expects all users of this Website to do the same. Pursuant to the Digital Millennium Copyright Act (DCMA), if you believe that your copyright-protected work appears on this Website without permission, then you may report the alleged copyright infringement to Cure by using the contact information below. We will respond swiftly to any and all claims of copyright infringement. We will take whatever action is deemed appropriate to respond to these claims, including the removal of the protected content from the Website.
No Solicitation or Advice
The purpose of this Website is limited to providing you with general information about Cure. Cure does not render, purport to render, or offer to render investment advice through this Website. Nothing on this Website constitutes or forms a part of any offer for sale or subscription of, or any invitation to offer to buy or subscribe for, any securities, nor should it or any part of it form the basis of, or be relied upon in connection with any contract or commitment whatsoever. Nothing here in is intended to constitute legal, accounting, tax, securities or investment advice, an opinion regarding the appropriateness of any investment, or an offer or a solicitation to buy or sell a security of any type or to engage in any other transaction. The contents of this Website are intended for general information purposes only. Nothing contained on this Website should be relied on in making any decision.
Disclaimers, Limitation of Liability and Indemnification
CURE HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THIS WEBSITE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR FITNESS FOR A PARTICULAR PURPOSE.
This Website and the information contained herein are provided “as is.” The information contained on this Website is gathered from sources deemed to be reliable; however, Cure does not warrant the accuracy, adequacy or completeness of the information and material contained on this Website as of the viewing date and expressly disclaims liability for errors or omissions in such information and materials. Cure does not make any commitment to update material or information on this Website.
CURE IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OR INABILITY TO USE THIS WEBSITE OR ANY PORTION THEREOF, REGARDLESS OF WHETHER CURE HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
By accessing and/or using this Website, you agree to indemnify, defend and hold Cure and its respective officers, directors, partners, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising out of or breach by you of these terms and conditions or the representations, warranties and covenants deemed made by you hereunder. You agree to cooperate as fully as reasonably required in the defense of any claim. Cure reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without Cure’s prior written approval.
Submitted Materials
Unless specifically requested, Cure does not solicit, nor does Cure wish to receive, any confidential, secret or proprietary information or other material from you through this Website, by e-mail, through the “Contact Us” feature, or in any other way. Any materials submitted or sent on or through this Website in any manner (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and Privacy Policy. By submitting Submitted Materials on this Website, you: (i) represent and warrant that you either own your Submitted Materials, or that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to this Website; and (ii) you grant Cure a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use such material (in whole or part) in any manner and/or to incorporate it (in whole or in part) in other works (including, without limitation, this Website), products or services in any form, media, or technology now known or later developed. Cure is not obligated to review any Submitted Materials. Cure cannot be responsible for maintaining any Submitted Material you provide to this Website, and Cure may delete or destroy any such Submitted Material at any time.
Miscellaneous
These Terms of Use constitute the entire agreement governing your use of this Website. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof. These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions that might cause the application of the laws of another jurisdiction. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these Terms of Use or this Website. The failure by Cure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.