INTRODUCTION
These Terms of Use are applicable to your access to and use of www.cureforward.com and all other websites, mobile applications, and other online services operated by Cure Forward (“our,” “us,” or “we”) that link to or incorporate these Terms of Use (collectively, the “Online Services”). Your access to and use of the Online Services and the information, materials, products, and services available through the Online Services are subject to these Terms of Use, regardless of whether you possess an account through the Online Services linked to your name and/or contact information (“Account”). By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Online Services.

This agreement covers the use of this website and any other online services and mobile applications operated by Cure Forward, whether or not you choose to create an account or profile. By accessing this site, you agree to the terms of this agreement.

CHANGES TO THESE TERMS OF USE
We reserve the right to modify these Terms of Use, in whole or in part, at our own discretion at any time. Modifications shall be effective immediately upon the linking of modified Terms of Use to the Online Services, or, if you possess an Account, by communicating the modifications to you either when you log in to the Online Services or by sending you notice using the contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications by continuing to use or access the Online Services after modified Terms of Use are posted to the Online Services, or, if you possess an Account, by not requesting to terminate your Account within seven (7) calendar days after receiving notice of the modifications as described above.

We may change the Terms of Use. If we do so the changes will be effective as of when we post them, or, if you have an account, via notification upon log-in, or via the contact information you gave us. By continuing to access the site, you’ll be agreeing to the changes in the Terms of Use. If you do have an account, you have 7 calendar days to request the account be closed.

ONLINE SERVICES PROVIDED AS A SERVICE TO YOU AND ON YOUR BEHALF
We provide all of the features and services available through the Online Services directly to you and on your behalf, and not on behalf of any third party, including your health care providers or laboratories. None of the information you provide to us, we receive or collect about you, or we make available to you through the Online Services constitutes “protected health information” under federal health privacy laws, including the Health Insurance Portability and Accountability Act of 1996.

PRIVACY POLICY
Our Privacy Policy describes how we collect information about you through the Online Services and how we use and disclose that information.

WAIVER OF PROPERTY RIGHTS
You understand that by uploading your genetic test results and other molecular information, including but not limited to information about your DNA, RNA, chromosomes, proteins, metabolites, and/or other measurable biochemical characteristics (“Genetic Information”) or other health information to the Online Services and/or otherwise providing your Genetic Information or other health information to Cure Forward, you acquire no rights in any research or commercial products that may be developed by Cure Forward or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your Genetic Information or other health information.

ELECTRONIC NOTICES
By agreeing to these Terms of Use you consent to receive in electronic format any notices, agreements, disclosures, reports, documents, communications, or other records relating to your access to or use of the Online Services that we are required by law to provide you in writing (collectively, “Notices”), and you agree that any Notices that we send to you electronically shall be legally effective. You agree that any Notices sent by e-mail or by any other electronic method satisfy any legal requirement that we provide the Notice to you in writing. If you do not agree, do not accept these Terms of Use. You may have the right to withdraw your consent to receiving certain Notices electronically, and, when required by law, we will provide you with paper copies of such Notices upon request. You may do so by contacting us at the contact information provided below. If you withdraw your consent, we reserve the right to terminate any Account you establish, decline to provide you with services, and/or refuse any or all current or future use of the Online Services or any portion thereof. To receive or access the Notices we send via e-mail or by any other electronic method, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in portable document format (“PDF”). To retain the Notices we send you, your device or computer must have the ability to download and store electronic communications, including PDF files. By agreeing to these Terms of Use, you verify that you are able to receive, access, and retain the Notices we may send electronically. You may change your e-mail address for notification purposes at any time by updating your Account information or by contacting us at the contact information provided below.

You agree that we may use email or other electronic means to send you all the notices the law may require and you confirm that you have the necessary means to receive email, as well as attachments such as PDFs. In some instances, you may be permitted to require us to send you paper notices and you can notify us via the contact information below. If you do so, however, we may decide to close your account.

INTELLECTUAL PROPERTY
All text, graphics, user interfaces, photographs, trademarks, trade names, servicemarks, logos, sounds, music, artwork, computer code, and other materials contained on the Online Services (collectively, “Content”) is owned, controlled, or licensed by or to Cure Forward, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such Content is granted to or conferred upon you. Except as expressly provided in these Terms of Use, you agree not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Online Services, without Cure Forward’s express prior written consent.Notwithstanding the foregoing, you may view, use, download, and print selected portions of the Online Services solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, trade names, servicemarks, attributions, patent, and other proprietary notices.

You may not steal our intellectual property. However, you can make a copy of portions of the site provided that it is for personal, non-commercial use, and that you maintain all the proper attributions and notices about the original materials.

ONLINE SERVICES FOR INFORMATIONAL PURPOSES ONLY
The information and Content provided by Cure Forward through the Online Services is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that Cure Forward has not represented that the information and Content provided by Cure Forward through the Online Services has the ability to diagnose disease, prescribe treatment, or perform any other tasks that constitute the practice of medicine. Always seek the advice of a qualified health care provider if you have any questions regarding a medical condition. Do not disregard professional medical advice or delay seeking medical advice because of something you saw or read on the Online Services. If you think you may have a medical emergency, call your health care provider or 911 immediately.

We are not a substitute for a doctor or other qualified medical professionals. All the information here is just that—information, and not medical advice.

MINORS
You must be 18 years of age or older to access or use the Online Services. If you are under the age of 18 and wish to access or use the Online Services, then your parent or legal guardian must access and use the Online Services on your behalf.

YOUR PROVISION OF INFORMATION
When you provide information about yourself (or about another person on behalf of that person) to us or to other users of the Online Services, including when you create an Account and participate in the social networking features of the Online Services, you agree to: (a) provide accurate and current information, and not to provide information that attempts to impersonate another individual; and (b) maintain and promptly update such information to keep it accurate and current. If you provide any information about yourself (or about another person on behalf of that person) that is untrue or inaccurate, or we have reasonable grounds to suspect that such information is untrue or inaccurate, we retain the right to suspend or terminate any Account you establish, decline to provide you with services, and/or refuse any or all current or future use of the Online Services or any portion thereof. When you provide information about another person to us or to other users of the Online Services (e.g., when you are a parent or legal guardian of a child under the age of 18 and you are accessing and using the Online Services on behalf of the child), you represent and warrant that you have the authority to provide that information.

When you open an account or otherwise identify yourself on the site, it must be either you yourself, or on behalf of someone who has authorized you. Do not impersonate someone. Please keep your contact information up to date.

USER-PROVIDED CONTENT
You understand that all information, data, or other materials that you and other users of the Online Services upload, post, transmit, publish, display, or otherwise make available through the Online Services, including information you share with or make available to other users of the Online Services (“User-Provided Content”), are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. Furthermore, the User-Provided Content is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  You understand that by using the Online Services, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for or related to any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of or reliance on any User-Provided Content uploaded, posted, transmitted, published, displayed, or otherwise made available through the Online Services. By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Online Services, you represent and warrant that:

  • you own or control all rights, title, and interests to such User-Provided Content;
  • all “moral rights” that you may have in such User-Provided Content have been voluntarily waived by you;
  • you have the right to grant the licenses granted under these Terms of Use;
  • all User-Provided Content that you post is accurate; does not violate these Terms of Use; will not conflict with, result in a breach or violation of any terms or provisions of, or constitute a default under any contract or agreement to which you are currently bound or will become bound in the future; does not and will not violate any law; and will not cause injury to any person or entity; and
  • you are at least 18 years old.

When you post content to the site, it should be true and you must have the legal right to post it. We cannot control the content posted to the site so we cannot assure you that all content posted to the site by other users will be true, nor can we assure you that you will not find some of it objectionable.

YOUR GRANT OF LICENSE TO CURE FORWARD FOR USER-PROVIDED CONTENT
By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content, you grant us a worldwide, perpetual, non-exclusive royalty-free license (with the right to sub-license) to use, reproduce, display, perform, adapt, modify, publish, or distribute such User-Provided Content in whole or in part in any form, medium, or technology (now known or later developed). We may modify or adapt User-Provided Content, including in order to transmit, display or distribute it over networks and to conform to the requirements of networks, services, or other media. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. You represent and warrant that our publication and use of your User-Provided Content will not infringe or violate the intellectual property or other rights of any third party.

When you post content, you grant us the non-exclusive right to re-use your content on the site and elsewhere without limitation and we may use your name when doing so.

CURE FORWARD’S DISCRETION TO USE USER-PROVIDED CONTENT
All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Online Services may be used by Cure Forward in accordance with our Privacy Policy and any authorizations you sign through the Online Services. Cure Forward reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Online Services in its sole discretion. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Cure Forward, its agents, partners, or third-party service providers and their respective directors, officers, and employees.

While Cure Forward does not absolutely guarantee confidentiality, we may edit user-provided content in order to minimize the risk of personal information being disclosed. Please also see the Privacy Policy for further information on how we might use or modify User-Provided Content, especially the sections titled“How Do We Use Information Collected Through the Online Services?” and “Under What Circumstances Do We Disclose Information Collected Through the Online Services?”

YOUR CONDUCT
You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Online Services.  In addition, you agree not to:

  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that is known by you to be false, inaccurate, or misleading;
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that harms minors in any way;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the Online Services;
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • upload, post, transmit, publish, display, or otherwise make available User-Provided Content provided by another user of the Online Services (or an image or picture depicting such User-Provided Content) on any other website, mobile application, or online service, or otherwise disclose that User-Provided Content, without that user’s prior permission;
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services 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 hardware or telecommunications equipment;
  • take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials or information available through the Online Services;
  • attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services or bypass the authentication measures on the Online Services or any network connected to the Online Services;
  • use any automated means to collect information or content from or otherwise access the Online Services, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
  • harvest or otherwise collect and store information about other users of the Online Services, including e-mail addresses;
  • install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
  • interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services.

Don’t break the rules we’ve already described above. Don’t pretend to be someone else, and don’t post users’ content elsewhere without asking their permission. Also, don’t spam, scrape, or hack the site.

LINKS TO OTHER WEBSITES AND ONLINE SERVICES
For your convenience, the Online Services may contain links to or at times redirect you to other websites and online services owned or controlled by third parties. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us.These other websites and online services are not under our control, and you acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operation, or the content displayed on or through them. The inclusion of such a link on the Online Services does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

We don’t necessarily endorse any of the series and services we may link to.

INFORMATION, NEWS, AND PRESS RELEASES
The Online Services may contain information about Cure Forward, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.

REGISTRATION AND PASSWORDS
The online services may permit or require you to register or obtain a login ID and password prior to permitting you to access certain portions of the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Online Services through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.

Don’t tell anyone your login ID and password, and keep it secure. You must tell us if it has been stolen. if someone causes harm by using your account because you failed to follow appropriate security, you are responsible.

OPERATION OF THE ONLINE SERVICES
We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Online Services, or any portion of the Online Services, including but not limited to for your violation of these Terms of Use; (ii) modify or change the Online Services, or any portion of the Online Services; and (iii) interrupt the regular operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Online Services.

We may change how, when, and if the site is operating, or who may use it.

DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT WITHOUT DEFECTS OR ERRORS; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Except as required by law, we don’t provide any guarantees, promises or warranties about the site; it is provided “as is.”

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Except as required by law, we accept no liability for your use of the site or inability to access the site.

INDEMNIFICATION
You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of or are related to any User-Provided Content you upload, post, transmit, publish, display, or otherwise make available through the Online Services, your violation of these Terms of Use, your use or misuse of the Online Services, or your violation of any third-party rights.

You indemnify Cure Forward if you breach any laws or cause any harm in relation to this site.

CHOICE OF LAW AND JURISDICTION
You agree that these Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Terms of Use or your access to or use of the Online Services will be subject to the exclusive jurisdiction and venue of the courts located within the Commonwealth of Massachusetts. You agree to the personal jurisdiction and venue of these courts. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.

To the extent allowed by law, you agree that the laws of Massachusetts will apply to every action connected with the site.

EQUITABLE RELIEF
You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

Because payment of damages, such as monetary compensation, may not be adequate, you consent to other remedies called “equitable relief,” for example, an injunction from a court prohibiting an action.

SEVERABILITY
If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

Even if one part of these Terms of Use were to be unenforceable, all the others remain in effect.

WAIVER
Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

We may choose to not enforce one of the terms of use but do not assume that that is a waiver. If we choose to waive one of the terms of use, we will do so only in writing.

CONTACT US

If you have any questions regarding these Terms of Use, please contact us at:

Cure Forward Corporation
263 Summer St., 4th Floor
Boston, MA 02210
[email protected]

Effective Date

This Terms of Use was last updated on February 15, 2016

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