Terms of Use
Welcome to Cureus, the online community and resource for physicians, researchers, and patients. This website, www.cureus.com (the "Site"), is owned and operated by Cureus, Inc., a Delaware corporation, based in San Francisco, CA, USA ("Cureus" or “the Company”). This Site and its contents are designed to comply with U.S. laws and regulations.
By accessing the Site or by posting on the Site, you (the "user") signify that you have read, understand, and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of Cureus. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. Any changes will be posted to the Terms of Use along with a date indicating when the terms were last revised. Your continued use of the Site after any such changes have been made constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to determine if there have been changes to these Terms of Use, to review any such changes, and decide at your own discretion if you wish to continue to use the Site.
1. Services
Description. The Site provides or may provide—among other Site content—information, products, and services, as well as information and advertising relating to topics, products, and services offered by third parties (each a "provider") that may be of interest to healthcare professionals and patients. Cureus is not acting as your agent nor the agent of any provider. Furthermore, Cureus is not a party to any agreement that you may enter into with a provider.
Not Recommendations. You may choose to use or not to use the information contained on the Site, the services provided through the Site, and/or the information, services, and products provided by any provider. Cureus does not recommend, advise, or prefer that you use any particular provider. In all cases, you should make your own judgments as to which providers to use, if any. Any provider that contacts you is solely responsible for its information, products, and/or services to you, and you agree that Cureus shall not be liable for any damages or costs arising from or in any way connected with your use or purchase of any providers’ services or products nor is Cureus liable for any act or failure to act of any provider. Any self-reported information that you submit to Cureus is considered a request for further information about services and/or products that may be provided to you by providers. You may have to complete an application with, or provide other information to, a provider before that provider can extend any offer to you. Cureus makes no representation that any provider will extend an offer to you. Furthermore, Cureus does not guarantee that the terms, rates, or prices offered and/or made available to you by any provider will be the best or lowest terms, rates, or prices available in the market.
2. Security
This Site is intended by Cureus to require a valid, working e-mail address and password ("ID") to access and use certain areas of the Site. You are solely responsible for (1) any damages or losses that may be incurred or suffered as a result of your failure to maintain the strict confidentiality of your ID, and (2) promptly informing Cureus in writing of any need to deactivate an ID due to security concerns. Cureus is not liable for any damages or harm resulting from or related to the theft of your ID, your disclosure of your ID, or your authorization to allow another person or entity to access and use the Site using your ID. You agree to immediately notify Cureus at [email protected] of any unauthorized use of your ID.
3. Medical Disclaimers
The materials available through the Site are for informational and educational purposes only and are not a substitute for the professional judgment of a healthcare professional in diagnosing and treating patients. Neither the content nor any other service offered by or through this Site is intended for medical diagnosis or treatment. Persons accessing this information assume full responsibility for the use of the information and agree that Cureus is not responsible or liable for any claim, loss, or damage arising from the use of the information. Cureus does not recommend or endorse any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug/drug uses, or other information that may be mentioned on the Site. Your reliance upon the information obtained or used by you at or through the Site is solely at your own risk.
4. Representation
As a user of this Site, you are liable for the accuracy of the information that you provide to us, including, but not limited to your personal and professional representation and any information as provided in Section 3. You hereby certify that you are not a paid consultant nor have any other financial interests in the information you provide to this Site including, but not limited to, the promotion of "off-label" drugs/drug uses and/or the disclosure of confidential clinical trials or other proprietary information, unless such interests are clearly disclosed.
5. Patient Data and Legal Compliance
The materials provided through the Site may enable you to transmit, store, review, or receive confidential patient information ("patient information"). State and Federal laws, as well as ethical and licensure requirements of your profession, may impose obligations with respect to patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf to make use of certain patient information or to transmit certain information to third parties. At all times during your use of the Site and thereafter, you represent and warrant that you will comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the patient information, and that you will use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You are, always during your use of the Site and thereafter, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the patient information you transmit, store, or receive in connection with the Site. You agree that Cureus, its licensors and licensees, and all other persons or entities involved in the operation of the Site have the right to monitor, retrieve, store, review, and use patient information, if applicable, in connection with the operation of the Site, and are acting on your behalf in transmitting patient information. CUREUS CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THE SITE. WE RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL (ALONG WITH THE RIGHT TO REVOKE ANY MEMBERSHIP OR RESTRICT ACCESS TO THE SITE) THAT IN OUR SOLE DISCRETION VIOLATES THE ABOVE.
6. Disclaimer of Warranty and Limitation of Liability
THE INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL CUREUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND AGENTS (TOGETHER REFERRED TO AS “AFFILIATES”) BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY AND ALL DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR RELATING TO (1) THE USE OF OR INABILITY TO USE THE SITE OR ITS INFORMATION, (2) RELIANCE ON THE CONTENT AND MATERIALS ON THE SITE, (3) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, (4) INFORMATION COMMUNICATED THROUGH CHAT ROOMS OR MESSAGE BOARDS, (5) THE SATISFACTION OF ANY GOVERNMENT REGULATION REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION OR "OFF-LABEL" DRUG PRODUCTS WITH REGARD TO THE INFORMATION CONTAINED WITHIN THE SITE, OR (6) ANY OTHER FAILURE TO PERFORM BY CUREUS (EXCEPT IN THE EVENT OF WILLFUL NEGLIGENCE) OR CUREUS' CONTENT PROVIDERS. THIS SHALL APPLY REGARDLESS OF WHETHER CUREUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUREUS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE AND MATERIALS (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) ARE FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, (3) ARE SECURE, OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS, OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CUREUS’ AND ITS AFFILIATES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CUREUS FOR THE SERVICE DURING YOUR USE OF THE SITE, BUT IN NO CASE WILL CUREUS’ OR ITS AFFILIATES’ LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO CUREUS FOR USE OF THE SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CUREUS OR ITS AFFILIATES, REGARDLESS OF THE CAUSE OF ACTION.
Because some jurisdictions may not permit each of these disclaimers and limitations, the above limitation may not apply to you. Furthermore, Cureus and its Affiliates do not warrant the accuracy or completeness of the information, text, graphics, links, or other items contained on the Site. Cureus may make changes to the Site, or to the services and/or products described therein, at any time without notice. Cureus makes no commitment to update the information on the Site.
7. Indemnity
You agree to defend, indemnify, and hold Cureus and its Affiliates harmless against any losses, expenses, costs, or damages (including Cureus' reasonable attorneys' fees, experts’ fees, and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to (1) your breach of this Agreement, (2) your unauthorized or unlawful use of the Site, and (3) the unauthorized or unlawful use of the Site by any other person using your ID.
Cureus agrees to defend, indemnify, and hold you harmless against any losses, expenses, costs, or damages (including your reasonable attorneys' fees) arising from, incurred as a result of, or in any manner related to (1) Cureus’ material breach of this Agreement, (2) Cureus’ willful negligence, and (3) Cureus’ unlawful use of content you have submitted to the Site.
8. Site Content and User Submissions
All content on the Site and available through the Site, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site content") are the proprietary property of Cureus, its users, or its licensors with all rights reserved. Your access to the Site is under license from Cureus, which may be terminated at any time for breach of these Terms of Use.
Unless otherwise agreed in writing prior to your submission, any material, information, or other communication you transmit or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Cureus will have no obligations with respect to Communications.
Cureus hereby grants you a non-exclusive, non-transferable license to re-use or republish your own contributions made to the Site in its original or derivative form for republication elsewhere, such as in journals or other professional publications. This license is restricted to your own contributions and does not grant you rights to republish the contributions or postings of other Cureus members or Site users.
Cureus and its designees will be free to copy, disclose, sell, distribute, perform, incorporate, and otherwise use for any purpose the Communications and all data, images, sounds, text, and other attributes embodied therein (“Information”) for any and all commercial or non-commercial purposes to the extent permitted by applicable law. Cureus shall be free to use any ideas, concepts, know-how, or techniques contained in such Information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products and services incorporating such Information. You are prohibited from posting or transmitting to or from this Site any unlawful, infringing, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Any attempt to obtain unauthorized access or to exceed authorized access to the Site shall be considered trespassing and computer fraud and abuse, punishable under state and federal laws.
Cureus hereby notifies you that any or all communications and transmissions with this Site can and will be monitored, captured, recorded, and transmitted to the authorities as deemed necessary at the sole discretion of Cureus and without further notice. You are reminded that Cureus does not collect personal health information about individuals. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy rule, which took effect on April 14, 2003, allows for the use of de-identified health information so long as identifiers have been "stripped" and a key is not disclosed that would allow the information to be re-identified. Cureus does not possess a key to re-identify patient data.
Personal Profile: Once a registered user, you may provide additional information in your personal profile describing your credentials, professional experiences, academic background, biography, and the like. Your personal profile shall be available for viewing by other users of Cureus and will be considered non-confidential and non-proprietary. Providing additional information in your personal profile beyond what is required at registration is entirely optional and can be altered or removed by you at any time.
9. Links to Other Materials
Any linked sites contained in the Site are not necessarily under the control of Cureus. Cureus is not responsible for, nor does it certify, the content of any linked site or any link contained in a non-affiliated linked site. Cureus reserves the right to terminate any link or linking program at any time. If you decide to access any of the third-party sites linked to this Site, you do this entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and Cureus shall not be responsible for notification of any change in name or location of any site information. Cureus reserves the right to request any site administrator to disable or remove any link that violates any rights of Cureus or causes interruption or deterioration of information provided by Cureus. Failure to abide by this request shall be dealt with as provided in this Section 9 and shall considered a material breach of this Agreement.
10. Applicable Laws
This Site is controlled by Cureus from its offices within the State of California. Cureus makes no representation that information in this Site is appropriate for use in other locations and access to this Site from territories where its content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the information in violation of United States export laws or regulations. Any claim relating to the Site shall be governed by the internal substantive laws of the State of California.
11. Dispute Resolution
Any dispute between you and Cureus arising out of this Agreement shall be resolved first by direct communication with one or more of Cureus' management team members. Should any dispute remain unresolve t by direct communication, either party may submit any dispute arising out of, or relating to, this Agreement, or the breach thereof, to final and binding arbitration administered by the American Arbitration Association in San Francisco, CA and pursuant to California law. The arbitrator shall fully implement the intent and purposes of this Agreement and indemnify non-breaching parties for, and hold them harmless from, all losses, costs and expenses (including costs of arbitration and reasonable attorneys' fees) resulting from any breach or from defending against any allegations of a breach determined to be unfounded.
12. Entire Agreement
This Agreement, including the Privacy Policy, and any other Cureus policy which is incorporated herein by this reference, contains the entire agreement between you and Cureus relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of Cureus' employees.
13. Termination
Your right to access and use the Site and/or Site contents immediately terminates without further notice upon your breach of this Agreement. Cureus may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Cureus reserves the right to discontinue or make changes to the Site at any time. You may terminate this Agreement upon ceasing to use the Site and/or Site contents and notifying Cureus to disable your ID. Any fees due prior to termination shall still be payable in full, and failure to pay shall be considered a breach of this Agreement. Sections 3, 4, 5, 6, 7, 8, 10, 11, and 13 survive any termination of this Agreement.
14. Assignment
Cureus may assign this Agreement, in whole or in part, at its sole discretion. You may not assign your rights under this Agreement without Cureus' prior written permission. Any attempt by you to assign your rights under this Agreement without Cureus' consent shall be void.
15. General
No Waiver. Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of any term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.
Force Majeure. Cureus shall not be liable for any failure or unavailability of the Site or failure by Cureus to perform a transaction as a result of strikes, lockouts, calamities, acts of God, unavailability of suppliers, the loss or destruction of data, the deletion or corruption of storage media, power failures, pandemics, natural phenomena, riots, acts of vandalism, acts or omissions of civil or military authority, war, terrorism, or any other event beyond Cureus' control.
Notice. Cureus may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in Cureus' account information. You may give notice to Cureus via email to [email protected] marked as high importance and with “Legal Notice pursuant to the Terms of Use” in the subject line.
Objections. If you object to any material found on this Site, please bring your concerns to the attention of [email protected]. The Site administrator reserves the right to remove any material allegedly infringing any third-party rights pending further investigation.
Invalidity. If any provision of this Agreement is held, deemed, or in fact is invalid, inoperative, or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance, or for any other reason, the provision or provisions in question shall not be invalid, inoperative, or unenforceable in any other case or circumstance, nor shall any other provision or provisions thereby be or become invalid, inoperative, or unenforceable. Any such invalid, inoperative, or unenforceable provision shall be reformed to be valid, operative, and enforceable to the maximum extent permitted in such circumstances.
Last modified: April 20, 2023
