Cure.expert Terms of Service
Last updated: 5/31/2023
OVERVIEW
This website is operated by Cure.expert Medical Corp., dba Cure.expert. Throughout our websites, the terms “we”, “us” and “our” refer to Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations Cure.expert offers this website, including all information, tools and services available from our websites to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our websites at https://cure.expert and any of our webpages and subdomains such as https://get.cure.expert, or by purchasing or using a service or product from us, you engage in our “Service” and agree to be bound by the following Terms of Service Agreement detailing terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of our websites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By accepting these Terms of Service, you agree that all services provided by Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations are all subject to these Terms of Service, and that all Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations are third-party beneficiaries of these Terms Of Service Agreement. By accepting these Terms of Service, you agree that the management service organization of Cure.expert is not a healthcare provider and does not have a doctor-patient relationship or provider-patient relationship or obligation with you.
Please read these Terms of Service carefully before accessing or using our website. When you click an “I agree to all Terms, Conditions, & Policies” or “I understand and agree to all Terms, Conditions, & Policies” button on our websites, or click a checkbox for “I agree to all Terms, Conditions, & Policies” “I understand and agree to all Terms, Conditions, & Policies” on our websites, or by continuing to access or use any part of our websites, you acknowledge you have fully read, fully understand, fully accepted, and fully agree to be bound by all of the Terms of Service. If you access our websites through other person(s), then you grant power of attorney and agency powers to such other persons to agree to these Terms of Service on your behalf. Except for viewing this page on Terms of Service, if you do not understand or do not agree to all the terms and conditions of this agreement, then you are completely prohibited from accessing, using, registering, or visiing our websites or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. You understand and agree that we are granting you a limited, non-transferable, revocable license to access and use our Service for your personal use only.
Any new features or tools or services or webpages which are added to our current websites shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – FIRST SECTION
By agreeing to these Terms of Service, you represent that you are at least the age of eighteen, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our websites. No persons under the age of thirteen, even with the consent of a legal guardian, is allowed to access our websites or use our services.
You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use our telemedicine services or receive any prescription drugs unless you are an U.S. person in California who has been prescribed the drugs by our medical providers.
You agree that if you are accessing our Service from a jurisdiction other than California, you are solely responsible for determining the validity and legality of accessing our Service from your jurisdiction, and you agree not to access or use our Service if doing so from your jurisdiction will violate any local laws or incur any penalties.
You must not transmit any worms or viruses or any code of a destructive nature onto any of our websites, webpages, and web servers.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Although we encrypt and transmit your information through HTTPS and SSL protocols at all times and we take precautions to protect your information on our system, You understand that there could be times in which our system may experience hacks or security breaches beyond our control.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.
You agree that all communications with you, including treatment recommendations and advice from the physicians or medical professionals who provide service to you, can be through email, or through video conferencing software, or through the telephone, or through SMS text messaging to your phone, or verbally, or through other electronic format, or through display of messages in your account on our websites, or through display of notices or messages on our websites, or directly through our Service. By using our services, you consent to receiving all agreements, notices, disclosures, and other communications from us in electronic form, and you agree that any legal requirement for such communications to be in writing is fulfilled by electronic means. As per this Agreement, you acknowledge and accept that any notices we provide to you electronically will be considered as given and received on the day we send such electronic communication to you. You agree that it is your sole responsibility to monitor and read electronic messages on a daily basis from us and to respond within a day to our electronic messages. You agree Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations are not liable to you for any losses and damages as a result of your failure to read and respond to our electronic messages which may include prompt treatment recommendations that you must follow immediately.
You acknowledge and agree that no agency relationship is formed between you and us.
You agree not to assign your rights under this Agreement to anyone else.
You agree that it is a requisite of this Agreement that you hereby expressly acknowledge and consent to the fact that any endeavor or undertaking to contravene the terms and conditions of this Agreement shall be rendered null and void.
You agree that that we reserve the right, at our sole discretion, to assign or transfer this Agreement, including all contractual rights and obligations arising from this Agreement, in whole or in part, to any affiliated entity without further notification or requirement of consent from you.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on our websites is not accurate, complete or current. The material on our websites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our websites is at your own risk.
Our websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our websites at any time, but we have no obligation to update any information on our websites. You agree that it is your responsibility to monitor changes to our websites.
SECTION 4 – INTELLECTUAL PROPERTY RIGHTS
Except for those expressly indicated, all code, text, descriptions, trademarks, service marks, service methods, pictures, graphics, and videos (altogether referred to as “Proprietary Property”) on our website are our Proprietary Property and are protected by the laws of the United States as well as international copyright laws. No portion of our Proprietary Property may be copied, displayed, distributed, reproduced, republished, retouched, licensed, sold, or used for any purpose without our written permission.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
All prices and discounts for our services and products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, change to discounts, suspension or discontinuance of the Service.
SECTION 6 – PRODUCTS AND SERVICES
You acknowledge that all transactions with Cure.expert is on a fee-for-service cash basis only through electronic payments from you to us. You acknowledge that Cure.expert is not a Medicare or Medi-Cal or Mediaid or federal or state enrolled healthcare provider. You acknowledge and understand that Cure.expert itself and Cure.expert’s medical care providers are not contracted with any HMO or PPO or other health insurance plans or Medicare or Medi-Cal or other government health plans. You agree to be solely responsible for the full cost of any services or products provided by Cure.expert. You agree that Cure.expert will not file any insurance claims, will not help to file any claims, and is not obligated or liable to you for filing any claims on your behalf with any insurance company or with any federal or state agency. You understand and agree that no reimbursements will be provided by Medicare for any services and products obtained through Cure.expert. You acknowledge that no Medicare limits apply to amounts that may be charged for the services and products you obtain through Cure.expert. You acknowledge that Medi-Gap plans do not, and other supplemental insurance plans may elect not to, make payments for such items and services provided by Cure.expert because payment is not made by Medicare. You acknowledge that you have the right to have such items or services provided by other Medicare participating medical providers other than Cure.expert, but you acknowledge that in choosing Cure.expert you decline to have such items or services provided by other Medicare participating medical providers other than Cure.expert.
You acknowledge that you are not a Medicare eligible or covered person. You understand and agree that Cure.expert does not treat any Medicare eligible or covered persons. You understand and agree that Cure.expert does not take Medicare or Medi-Cal or Medicaid or Medi-Gap as payment. For the services and products you obtain through Cure.expert, you agree not to file any claims with any insurance company or with any federal or state agency or with Medicaid or with MediCal or with Medicare, and you agree not to ask Cure.expert to do so on your behalf.
Cure.expert’s services and products are not covered and otherwise not reimbursable under any private health insurance policy, private health plan or government program, including, but not limited to, Medicare. Accordingly, you understand and acknowledge that Cure.expert’s services and products convey value and benefits that you do not already receive under any private health insurance policy, private health plan or government program, including, but not limited to, Medicare or Medi-Cal. To the extent any one or more Cure.expert’s services and products are considered covered and reimbursable benefits, the amount that Cure.expert charges is consideration for the remaining items of Cure.expert’s services and products.
For Cure.expert’s services and products provided herein, Cure.expert and/or you cannot, and will not, bill to or seek reimbursement from any private health insurance policy, private health plan or government program, including, but not limited to, Medicare.
You acknowledge that Cure.expert’s services and products, including any electronic communications offered with such services, do NOT include Medicare-covered benefits. You acknowledge that your direct payment of fees to Cure.expert do not pay for the following: (a) communications related to Medicare-covered office visit scheduling or following-up on a Medicare covered office visit; (b) communications related to chronic care management services covered by Medicare; or (c) post-hospitalization telephone follow-up communications or other telehealth communications that are covered by Medicare.
You acknowledge that Cure.expert’s services and products never include “access” to Cure.expert’s physician personnel, abbreviated scheduling times or extended office visits, “care coordination” with other physicians covered or bundled with plan-covered services, or “24/7” communication access (other than those specified above in excess of mandated electronic records access).
You acknowledge that the Cure.expert’s services and products are not covered by any applicable plan and are not reimbursable by any applicable plan.
Cure.expert and Cure.expert’s physicians are not an insured, and are not promising to deliver unlimited care in exchange for the amount you pay to Cure.expert. Also, you understand and agree that Cure.expert is a medical practice that employs physicians, not a health care service plan or a health insurance company.
You understand and acknowledge that Cure.expert does not provide any services for any emergency conditions, and you acknowledge that you are not currently facing an emergency medical condition. You agree not to use Cure.expert for any emergency or urgent medical conditions and instead you agree to use other medical care providers for any urgent medical conditions.
You understand, acknowledge, and agree that Cure.expert only treat very specific medical problems or conditions on a subscription basis. You agree that you will not use Cure.expert if you want to see a physician for a range of medical issues.
You understand and agree that Cure.expert can provide medications to you in a non child proof containers. If you require medications to be in a child proof container, you agree not to use Cure.expert’s services.
You understand and agree that Cure.expert consultations occur once every 30 days, 60 days, 90 days, or 180 days, or other time interval, depending on the subscription-based automatically-renewed pricing plan that you selected. You agree to the automatic charges placed on your credit card or other method of payment initially and then once every 30 days, 60 days, 90 days, 180 days, or other time interval, as payment for these consultations and/or drugs and/or other services and/or other products. You understand and agree that you need to do follow up consultations in order to continue your treatments. If you do not do a follow up consultation, the amount paid for that unused follow up consultation will not be charged or will be refunded if charged, and no prescriptions will be given and no drugs (if included in the consultation plan) will be mailed out to you, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. You agree that all consultation subscription plans will continue until you directly cancel the consultation subscription plans by going to your account on our website and clicking “cancel” for each consultation subscription plan. You agree that it is your sole responsibility to cancel any consultation subscription plans that you do not want. If you decide to cancel any consultation subscription plans and/or subscriptions, you agree to do so before the next upcoming follow up consultation. You agree that if you do not do follow up consultations, Cure.expert also has the right to directly cancel your consultation subscription plan and/or subscriptions and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. You agree that if you do not do follow up consultations, Cure.expert and all of Cure.expert’s physicians and/or medical care providers reserve the right to terminate the physician-patient relationship between you and Cure.expert as well as between you and Cure.expert’s physicians and/or medical care providers, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. You agree that if you do not pay for any consultations, or you ask your credit card company to do a charge-back or take-back of the amount charged for any consultation that Cure.expert has already provided or is in the process of providing, you agree that Cure.expert can send your case to a collection agency and you agree that Cure.expert and all of Cure.expert’s physicians and/or medical care providers can terminate the physician-patient relationship between you and Cure.expert as well as between you and Cure.expert’s physicians and/or medical care providers, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof.
Because business conditions may change at any time, or because Cure.expert may be merged, acquired, or dissolved, you understand, acknowledge, and agree that Cure.expert can cancel or change or transfer to another entity to fulfill, at any time and for any reason and without notice and at Cure.expert’s sole discretion, your consultation subscription plans and/or any subscriptions, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. You understand, acknowledge, and agree that Cure.expert can change, at any time and for any reason and without notice and at Cure.expert’s sole discretion, the medical care providers and/or physicians and/or any other personnel that review and/or oversee and/or handle your case, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. You understand, acknowledge, and agree that Cure.expert can stop, at any time and for any reason and without notice and at Cure.expert’s sole discretion, the mailing of your products and/or prescription drugs if included in your consultation plan and give you a refund for the products and/or drugs if the cost of the products and/or prescription drugs are charged to you, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. From time to time, due to inventory shortages and/or supply delays and/or natural disasters and/or wars and/or pandemics and/or shipping delays and/or other business conditions, you understand, acknowledge, and agree that Cure.expert can delay, at any time and for any reason and for as long as necessary and without notice and at Cure.expert’s sole discretion, the mailing of your prescription drugs if included in your consultation plan, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof. Furthermore, due to changes in business conditions or cost of drugs, you understand, acknowledge, and agree that Cure.expert can change, at any time and for any reason and without notice and at Cure.expert’s sole discretion, the price of any consultations or services or products or consultation plans or subscriptions, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur as a result thereof.
You understand and agree that in order to receive any prescriptions or drugs, you must have a consultation with one of our medical care providers who must have determined that it is appropriate for you to receive such prescriptions or drugs based on your health status and health history and presenting symptoms. You agree that our medical care providers can deny you any and all prescriptions or drugs, whether during the initial consultation or subsequently during a follow up consultation. You agree that Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations are not responsible nor liable for any losses and damages that you may suffer as a result of our denying a prescription or drug for you. You agree that certain medical conditions or symptoms may require an in-person consultation with a medical care provider face-to-face and may not be suitable for telehealth. Before your initial consultation with our medical care provider, you agree to answer a qualification questionnaire to determine whether or not you meet our qualifications to become our telehealth patient for your medical problem, and you agree that the act of doing such qualification questionnaire does not in itself constitute a medical consultation nor does it constitute a medical act. You agree that we can refuse you a consultation with our medical care provider if we determine that you do not meet our qualifications to become our telehealth patient for your medical problem, and you agree that in the event of our refusal, no doctor-patient relationship or provider-patient relationship is formed between you and Cure.expert or between you and any of Cure.expert’s affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations.
You understand and agree that telehealth consultations are not appropriate for all medical problems. You understand and agree that a potential risk of telemedicine is that because of your specific medical condition, or due to technical problems, a face-to-face consultation still may be necessary after the telemedicine appointment, and, in rare circumstances, security protocols could fail causing a breach of patient privacy. Additional risks associated with telehealth services include technical difficulties such as poor video or audio quality, interruptions in service, or loss of data. Additionally, there may be limitations in the ability to perform certain types of examinations or tests remotely. Telehealth services may also be subject to security breaches, which could result in the unauthorized disclosure of personal health information. By doing a telehealth consultation, you agree to accept the risks of telehealth consultation. You acknowledge that you have read, fully understand, accepted, and agreed to our Telehealth Informed Consent (located at http://cure.expert/informed-consent) before placing an order for our telehealth services.
You acknowledge that you have fully read and fully understood our Telehealth Informed Consent (located at http://cure.expert/informed-consent) and have been fully informed about the nature and risks and benefits and limitations of telehealth, and you fully accept, fully agree, and fully consent to the telehealth consultation and telemedicine services you will receive. Furthermore, you fully consent and agree to the following: You understand and agree that medical care providers that may provide you with telehealth consultation and telemedicine services using Cure.expert’s or Cure.expert affiliated company’s technology platform and online websites may be a licensed M.D. physician, a licensed D.O. physician, a nurse practitioner under the direction of a M.D. physician, or a physician assistant under the direction of a M.D. physician, or any other medical provider licensed in your state to provide telehealth services. You understand and agree that technical difficulties such as poor video or audio quality, interruptions in service, bugs in the software on our websites, or corruption or loss of data during transmission, may cause your health information to be lost or causing your Provider to misdiagnose or provide incorrect treatments or advice. You hereby release and hold harmless Cure.expert and all members of your medical care team from any loss of data or information due to technical failures associated with the telehealth/telemedicine service. You understand and agree that if your Provider provides you with at-home testing kits made by third parties not affiliated with us, we cannot guarantee the accuracy or reliability of such third-party kits, and such third-party kits may give inaccurate or inconclusive results leading to a misdiagnosis or incorrect treatments or advice. You understand and agree that the utilization of telehealth or other technology cannot assure any definite advantages or particular outcomes or good benefits, including diagnosis or treatment provided by your Provider. You understand and agree that there is a possibility that your medical condition may not be healed or ameliorated, and in certain circumstances, it might deteriorate. You understand and agree that in rare circumstances, security protocols could fail causing a breach of patient privacy or the unauthorized disclosure of personal health information. You understand and agree that limitations in the ability of your Provider to perform certain types of examinations or tests remotely or to notice certain vital signs through telehealth may cause your Provider to misdiagnose or to provide the incorrect treatments or to fail to alert you to seek emergency services. You understand and agree that your Provider’s ability to provide complete, correct, or effective medical care services to you may be restricted through telehealth technology. You understand and agree that you may not be able to seek help for all your medical problems as some medical problems cannot be diagnosed or treated by telehealth. You understand and agree that you may need to seek the care of an in-person physician or emergency services despite having a telehealth consultation. You understand and agree that you may be delayed in seeking the medical evaluation and treatment of an in-person physician or emergency services because of your telehealth consultation. You understand and agree that your Provider will evaluate your medical condition and, at his or her own sole discretion, may conclude that it is medically suitable or unsuitable to diagnose and/or treat your condition using telehealth, and if your Provider deems your case unsuitable for telehealth through Cure.expert, then you will need to obtain another consultation with another medical care provider not affiliated or associated with Cure.expert. You understand and agree that your Provider may deny you a prescription or drug for your medical problem causing a delays in your medical evaluation and treatment. You understand and agree that your Provider may be limited in providing you with more treatment options. You understand and agree that your Provider, not having access to your health records at other institutions, may misdiagnose or provide you with incorrect treatments or advice, or give you treatments which may cause an allergic reaction or adverse reactions with other drugs that you may be taking. You understand and agree that your Provider may be limited by federal or state or local regulations to provide you with more treatment options. You understand and agree that you have the freedom and the choice to receive your medical consultation and examination from a healthcare provider not affiliated with Cure.expert. You understand and agree that Cure.expert has a financial relationship with Cure.expert’s management service organization. You acknowledge that you have had an opportunity to ask questions about all the information in this Informed Consent via email to service@cure.expert, and you acknowledge that all of your questions have been answered before you start your telehealth consultation with us. If a consultation includes medications mailed from us but you do not want such medications and instead want to pay extra yourself at your designated pharmacy to provide you with such medications, you understand and agree that you must email us with your user name and order ID immediately after you place your order, at: service@cure.expert. If you are not able to email us immediately, you agree not to place an order for a telehealth consultation with us in the first place. You understand and agree that all transactions with Cure.expert is on a cash basis only through electronic payments from you to us. You understand and agree that Cure.expert is not a Medicare or Medi-Cal or Mediaid or federal or state enrolled healthcare provider, and you agree to be solely responsible for the full cost of any services or products provided by Cure.expert. You agree that you will not file any insurance claims to any insurance company or to Medicare or to Medi-Cal or to Mediaid or to the Veteran Affairs or to any federal or state agency, and you agree not to ask Cure.expert to help to file any claims, and you agree that Cure.expert is not obligated or liable to you for filing any claims on your behalf with any insurance company or with any federal or state agency. You understand and agree that through the continual use of our Service, you acknowledge and accept your Provider’s medical evaluation of your medical problem and consent to obtain a diagnosis and/or treatment through telehealth technology. You understand and agree that if you access our websites through other persons, then you grant power of attorney and agency powers to such other persons to give full consent and agreement to this Informed Consent on your behalf.
You understand and agree that we are not your primary care provider, and in the event that we provide you with a medical consultation for a specific medical problem, you agree that we are only responsible to help treat that specific medical problem only, and you agree that we are not responsible nor liable to treat your other medical problems.
You understand and agree that the medical care provider who provides you with a telehealth consultation can be a licensed M.D. physician, a licensed D.O. physician, a nurse practitioner under the direction of a M.D. physician, a physician assistant under the direction of a M.D. physician, or any other provider licensed to provide you with telehealth consultation under the laws of the state of your residence.
We do not warrant that You may not experience any side effects, complications, and allergies from using the medications and products and advice that we provide to you, and we do not warrant that your medical problem will improve. You understand and agree that if you do experience any side effects, complications, or allergies from using any medications and products that we provide or from following any medical advice that we give, or if your medical problem gets worse, you will stop using such medications or products and stop following our medical advice, and immediately go to your nearest emergency room if you have severe symptoms or go to your primary care provider if you have mild symptoms.
Unless we state on the “place order” page that certain medications are included with your consultation, you will have to pay a separate amount for such medications, whether paid to us or paid to your designated pharmacy where you fill your prescription from us. If we provide you with a prescription without any medications included, you will have to fill that prescription at your designated pharmacy and pay for the drugs with that pharmacy.
Unless we state on the “place order” page that shipping is included for certain medications, we will charge a separate shipping fee for medications and products that do not have shipping included.
If a consultation includes medications mailed from us but you do not want such medications and instead want to pay extra yourself at your designated pharmacy yourself to provide you with such medications, please email us with your user name and order ID immediately after you place your order, at: service@cure.expert. If you are not able to email us immediately, you agree not to place an order with us in the first place. You agree to be solely responsible for any payments that you need to make to your designated pharmacy yourself if you decide not to receive medications from us, and you agree no complete or partial refund will be given by Cure.expert if you want us to send a prescription to your designated pharmacy.
You understand and agree that the prescription drug products mailed directly from us may not be in a child-resistant packaging. You agree to be solely responsible to make sure that all prescription drug products from us are in a place unreachable by children or anyone other than yourself. You agree that Cure.expert and Cure.expert’s affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations are not liable for any losses and damages or problems or death that may result if any child or anyone other than youself ingests or uses our prescription drug products.
For prescription drugs, you agree to follow our usage directions exactly as it is printed on the prescription label on the drug bottle.
When you receive drugs from us, you agree to check to make sure the drug is the correct drug and has your name on the prescription label. You agree not to take any drugs that do not have your name on the prescription label or are not the correct drugs, and you agree to notify us immediately.
Any home testing kits shown on our websites must have a prescription from us after a consultation with our medical care provider.
For some medical problems, our medical care provider might require you to do testing at a laboratory near you. If we do not state on the “place order” page that the total you are paying to us includes the amount for laboratory testing, then you agree to pay for such testing directly to the laboratory when you go for your testing. In such a case, you understand and agree that our medical care provider must have the lab result that he/she has requested in order to determine whether to issue you a prescription or drug, and you agree to promptly go to the laboratory to get tested.
Unless for certain Goods and/or Services specifically stated as refundable on the “place order” page during checkout, You agree that all sales are final and no refunds are allowed. If any orders are stated as refundable, You agree that all requirements for refund as stated on the “place order” page during checkout must be fulfilled before a refund can be issued. For services or products stated as conditionally refundable, if medications or other products have been mailed, you agree that any refund amount will be deducted by $10 (or the mailed products’ stated prices if higher thatn $10) to cover the cost of any medications or products plus postage. In addition, the refund amount will be deducted 3% to cover credit card processing fees. Please read our Refund Policy in detail at http://cure.expert/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear on our websites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services or products or pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any service or product at any time. Any offer for any product or service made on our websites is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
If we make reference to any order processing or delivery times, you understand that those are not guaranteed and are estimates only.
If your order contain items which need to be mailed to you, you agree that once we pass the package containing your order items to the carrier, you agree that the risk of loss and damage to your ordered items pass to you. If the package is lost, you can apply for
By purchasing and/or using our services and/or products, you understand and agree that:
- As everyone is different, your outcome from using the medications and products and advice that we provide may differ from that of any testimonial users on our websites. Testimonial users’ outcomes are best case results, and may not represent your outcome.
- Besides prescription drugs, we may provide non-drug products including cosmetic products and health foods. All of our non-drug products are not drugs or medicine, and are not intended to treat, cure, reduce, mitigate, or prevent any disease. We make no warranties, representation, or assurances that any of our non-drug products can be used for any purpose except as a cosmetic cream or as a health food. All of our cosmetic products are only fit to be used only as cosmetics to improve the appearance of skin, in accordance with each product usage instructions on each cosmetic product page. There are no warranties which extend beyond the description on the face hereof. All of our cosmetic products also do not substitute for the advice or therapy of a qualified physician. You are advised to seek the help of a qualified physician for any medical conditions that you may have.
- We do not warrant that you will not have allergic reactions or other sensitivities or side effects or complications upon using the drugs or non-drug products that we provide, or upon using the drugs from the prescriptions that we provide. It is unavoidable that some people who use the drugs or non-drug products that we provide may have increased sensitivity or allergies or side effects or complications. If you do not want to take this risk, please do not purchase or use our services or products at all. On the first time that you encounter any kind of skin sensitivity or allergic reaction or side effect or complication upon using the medication or product that we provide, please immediately discontinue use of such a product or medication and seek the help of your primary care provider or nearby emergency room if the reaction is severe. If a cosmetic product, please wash your skin thoroughly with soap and water, and seek the help of a qualified physician. If you continue to use the drugs or non-drug products that we provide despite having any kind of a skin sensitivity or allergic reaction or side effect or complication, you understand and agree that you are misusing these drugs or non-drug products, that you assume all risk from such misuse, and that you release us from all liability for any injuries or losses and damages that you may have as a result.
- We do not provide medical advice unless it is advice from our medical consultation. All information on our Website is intended for informational purposes only, and is not a substitute for the advice, diagnosis, and/or treatment from a qualified physician. Do not avoid seeking the advice, diagnosis, and/or treatment from a qualified physician because of something you read on our Website. You are advised to seek the help of a qualified physician for any medical conditions that you may have.
SECTION 7 – ACCURACY OF YOUR INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel service or product quantities purchased per person, per household, per shipping address, per billing address, per credit card number, per email address, per phone number, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, hackers, or pranksters. We reserve the right to prohibit orders from anyone with the same shipping address or billing address or email address or phone number of people who have requested a return or refund.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our websites. You agree that you are solely responsible for any sales tax, use tax, duties, or other government tax and fees if applicable to your order. You represent and warrant that you are authorized to use your selected payment method, and you authorize us to charge the total of your orders including any applicable shipping fees, handling fees, penalties, refund fees (if any), payment processing fees, and taxes, and if you are on a subscription, you authorize us to automatically charge your payment method periodically. You agree to promptly update your account and other information, including your email address, phone number, shipping address, and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You understand and agree that email address, billing address, shipping address, phone number, and credit card numbers do not constitute health or medical information. You agree that you are solely responsible to keep your electronic devices secure because you understand that any access to these devices may allow your information to be accessed by others. You agree to keep your username and password confidential, you agree to keep your computers, laptops, mobile phones secure, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses and damages that you may incur if you fail to keep your username and password confidential or fail to keep your computers, laptops, mobile phones secure.
You agree to provide current, complete, accurate, and truthful medical information, and you agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations shall not be liable for any losses, injuries (including death), and damages that you may incur if you fail to provide current, complete, accurate, and truthful medical information. If you fail to provide current, complete, accurate, and truthful medical information, you agree that we can terminate service to you and terminate your access to your account immediately and you agree that we shall not be liable for any losses, injuries (including death), and damages that you may incur as a result thereof.
You agree we are not obligated to return or provide you, or any third party on your behalf, with any Content or information that you have provided to us, whether before or after the termination of your use of the Service.
For more details on our Refund Policy, please review our Refund Policy at http://cure.expert/refund-policy.
SECTION 8 – OPTIONAL TOOLS AND SERVICES
We may provide you with access to third-party tools and services over which we neither monitor nor have any control nor input. Examples of such third party service include Microsoft’s AI and OpenAI’s ChatGPT.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and services.
Any use by you of optional tools and services offered through our websites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools and services are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through our websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on our websites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such third party websites, we do not endorse such third party websites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
From time to time, in order to service you, we may send your information to third parties including but not limited to online payment processors. You grant us without charge the irrevocable, unencumbered, universe-wide and perpetual right to submit your information to third parties as needed to provide service to you. You acknowledge and understand that our relationship with third parties should be considered as nothing more than a client-vendor relationship, and should not be construed as one of franchisors-franchisees, agents-principals, employers-employees, fiduciaries, partners, or joint venturers.
You agree that Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations are not liable for any harm or losses and damages related to your purchase or use of goods, services, resources, content, or any other transactions or access made in connection with the Service, including any third-parties. You agree that we are not obligated to become involved in any dispute you may have with third parties. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Except for Protected Health Information as defined under HIPAA, if you send certain specific submissions (for example text and/or pictures and/or videos and/or reviews and/or testimonials), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments and text and pictures and videos that you forward to us. Except for Protected Health Information as defined under HIPAA, you agree that we are and shall be under no obligation (1) to maintain any comments and pictures and videos in confidence; (2) to pay compensation for any comments, pictures, and/or videos; or (3) to respond to any comments and pictures and videos. Except for Protected Health Information as defined under HIPAA, you waive all rights and agree to grant us an irrevocable, worldwide, royalty-free, and sublicenseable right to use your submitted content in any way we want without your approval.
We may (but have no obligation to) monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments and pictures and videos will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments and pictures and videos will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any of our related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments and pictures and videos you make and their accuracy. We take no responsibility and assume no liability for any comments and pictures and videos posted by you or any third-party.
SECTION 11 – PERSONAL INFORMATION
Your Protected Health Information, defined under HIPAA and applicable federal and state laws, will be protected and used under such laws. Any other information will be used according to our Privacy Policy. You understand and agree that any information that has its personal identifiable information removed, or any information that is not used solely for diagnosis or treatment or prescription fulfillment, is not considered to be Protected Health Information, in accordance with HIPAA.
Your submission of personal information through our websites is governed by our Privacy Policy. You can view our Privacy Policy by visiting this page on our website: http://cure.expert/privacy-policy.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to service/product descriptions, pricing, discounts, promotions, offers, shipping charges, transit times and availability. You agree that we reserve the right to correct any errors, inaccuracies or omissions, and to revise your order if applicable (including updating the correct pricing), and to change or update information or cancel orders if any information including pricing in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using our websites or their contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. Any such violations may result in criminal and/or civil penalties against you. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. To the fullest extent of the law, Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations disclaim all warranties and guarantees and conditions of any kind whether expressed or implied whether statutory or otherwise, including any implied warranties such as the quality of the service or its fitness for a particular purpose. To the fullest extent of the law, Cure.expert and Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations do not guarantee the accuracy, completeness, reliability, timeliness, or usefulness of the Service, and cannot promise that it will function without issues like delays, disruptions, cyber attacks, viruses, or other negative incidents.
In no case shall Cure.expert, or the management service organization for Cure.expert, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, incidental damage, indirect harm, emotional distress, personal injury, bodily injury, wrongful death, or any direct, indirect, incidental, punitive, special, or consequential losses and damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any other losses and damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products or services procured using the Service, or for any other claim related in any way to your use of the Service or any product or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product or service) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. We shall be liable only to the extent of actual damages incurred by you, not to exceed the amount of $500.
As a condition of using our Service, you agree to waive any right to participate in a class action lawsuit regarding losses and damages resulting from any access or use of our services and products or of the content on our websites or of our Service.
You agree to bring forth any claims related to your usage of our service or content within a time period of one year from the date when the incident giving rise to such claims took place, and you agree that after this time frame, the claims will not be entertained.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental losses and damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cure.expert, and our parent, subsidiaries, affiliates, management service organizations, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand and/or damages (actual or consequential) of every kind or nature, including reasonable attorneys’ fees, made by any party due to or arising out of or in any way related to our Service, or to your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or your committing of fraud, or your violation of any rights of any other person or entity.
SECTION 16 – ARBITRATION
It is hereby mutually agreed by you and us that any legal claim, dispute, or controversy arising in connection with Cure.expert, Cure.expert websites, Cure.expert technology platform, Cure.expert content, Cure.expert Service, or any other goods, services or advertising by Cure Expert or any of the Cure.expert affiliates, employees, contractors, physicians, medical care providers, partners, subsidiaries, and management service organizations (collectively referred to as “Disputes”), including any disputes related to the applicability, enforceability, or validity of any provision of this Agreement, shall be resolved through confidential binding arbitration before a commercial arbitrator from the American Arbitration Association (“AAA”), as provided in this Agreement. The arbitration shall be conducted in accordance with the AAA’s Commercial Arbitration Rules and, if deemed applicable by the arbitrator, the Supplementary Procedures for Consumer Related Disputes (“Rules and Procedures”). You acknowledge and agree that you are intentionally and knowingly waiving your right to a trial by jury and any other lawsuit proceeding in state or federal court, except as expressly provided in this Agreement.
It is hereby mutually agreed by you and us that the award rendered by the arbitrator shall be conclusive and binding upon all parties and may be entered as a final judgment in any court having competent jurisdiction.
Notwithstanding anything to the contrary within this Agreement, if the dispute is related to intellectual property rights, theft, piracy, unauthorized use, or a violation of the Computer Fraud and Abuse Act, a party may seek urgent legal relief in a state or federal court in Los Angeles, California. Both parties agree to submit to the personal jurisdiction of such courts in such proceedings. Additionally, either party may file an individual action in small claims court for only disputes that fall within the jurisdiction of a small claims court in lieu of arbitration, provided that the action remains within the small claims court and is conducted on an individual basis.
It is hereby mutually agreed by you and us that all disputes that are subject to arbitration must be resolved on an individual basis and cannot be part of a class, collective, or representative action, that no party can bring a claim as a private attorney general or as a plaintiff or class member in any purported class proceeding, that claims of more than one customer or user cannot be joined or consolidated with those of any other customer or user, and no arbitration can be consolidated or joined with any other arbitration, and that the arbitrator is only authorized to 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 claims.
Subject to the parties’ respective rights to appeal, in the event that a decision is made stating that the law prevents the enforcement of any of the limitations outlined in this paragraph for a specific claim or request for relief, that claim or request for relief will be separated from the arbitration and may be brought solely in the state or federal courts situated in Los Angeles, California. However, all other claims or requests for relief must still be arbitrated. The parties acknowledge that any claims or requests for relief that are separated from arbitration cannot be pursued in a lawsuit and must be postponed until all remaining claims between the parties in arbitration are finally resolved. Furthermore, the parties agree to abide by the personal jurisdiction of the federal and state courts situated in Los Angeles, California in order to settle any claims or requests for relief that are separated from arbitration pursuant to this paragraph.
You agree that in order to opt out of the arbitration clause, you must, within twenty days of your first time reading this Agreement, mail to us at our headquarter address listed on our websites a letter containing your actual signature and your name and address and email address and stating your intent to opt out of the arbitration clause.
You agree that in the event of a dispute, you agree to immediately mail to us at our headquarter address listed on our websites a letter containing your actual signature and your name and address and email address and stating the details of your dispute and the resolution that you desire. You agree that if we cannot resolve your dispute within thirty days of receiving your written letter, either of us can start arbitration per the clauses above.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date, including user submissions, disclaimers, prohibited activities, Service security, arbitration, dispute resolution, liability limitation, and indemnity, shall survive the termination of this Terms of Service agreement for all purposes.
These Terms of Service are effective unless and until terminated. You agree that we may terminate your use of the Service or any of our features or services at any time and for any reason without notice.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, you agree that we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on our websites or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California in the United States.
SECTION 21 – ADDITIONAL TERMS AND POLICIES
Additional terms and policies (“Additional Terms And Policies”) include: Our Privacy Policy located at http://cure.expert/privacy-policy, Our Disclaimers located at http://cure.expert/disclaimers, Our Refund Policy located at http://cure.expert/refund-policy, Our Cookie Policy located at http://cure.expert/cookie-policy, Our Shipping Policy located at http://cure.expert/shipping-policy, and Our Informed Consent located at http://cure.expert/informed-consent.
By visiting our websites and/or purchasing something from us, you represent that you have read and understood and have agreed to be bound by the Additional Terms And Policies above with content located at the webpages accessible using the hyperlinks above.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. You can review the most current versions of the Additional Terms And Policies located at the hyperlinks above
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service and Additional Terms And Policies by posting updates and changes to our websites at any time. It is your responsibility to check our websites periodically for changes. Your continued use of or access to our websites or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.