Patient Terms of Use

QURE4U PLATFORM AND SERVICES TERMS OF USE

Qure4u, Inc. (“Qure4u”) has created this secure online platform accessible via the Qure4u App and web interface (the “Platform”) and related services, including, but not limited to, Translation Services, Remote Patient Monitoring Services, etc. (collectively the “Services”) to allow our registered users (“Registered Users”) to gain access to and share health information, communicate with their licensed, treating providers that have registered with Qure4u (“Registered Provider”), schedule medical appointments with Registered Providers, gain access to the Services.

The following terms of use (“Terms of Use”) constitute an agreement between you and Qure4u and govern your use of the Platform and Services and all of the text, data, information, software, graphics, photographs, functionality, video and audio content, services, etc. (all of which Qure4u refers to as “Materials”).

BY CLICKING “I ACCEPT” WHEN YOU SIGN UP TO USE THE PLATFORM AND SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, INCLUDING QURE4U’S PRIVACY POLICY (TOGETHER HEREINAFTER REFERRED TO AS THE “TERMS”). IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I ACCEPT” AND THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE PLATFORM OR SERVICES, AND YOU SHOULD NOT LOG ON OR OTHERWISE USE THE PLATFORM OR SERVICES. YOUR USE OF THE PLATFORM OR SERVICES, AND QURE4U’S PROVISION OF THE PLATFORM AND SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY QURE4U AND BY YOU TO BE BOUND BY THESE TERMS. YOU MAY NOT PARTICIPATE AS A REGISTERED USER WITHOUT ACCEPTING THESE TERMS.

ARBITRATION NOTICE: UNLESS YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND QURE4U REGARDING THESE TERMS, OR OTHERWISE, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT OUT OF THE AGREEMENT TO ARBITRATE BY CONTACTING legal@Qure4u.com WITHIN 30 DAYS OF ACCEPTING THESE TERMS.

1. Eligibility. 

You must be at least 18 years of age to register and use the Platform and Services. Children between the ages of 13 and 18 may lawfully use the Platform and Services only in conjunction with, and under the supervision of, a parent or guardian who has agreed to the Terms. In accordance with the Children’s Online Privacy Protection Act, children under the age of 13 may not use the Platform and Services for any reason, however, a parent or guardian of a child under the age of 13 who has agreed to the Terms may use the Platform on behalf of such child under the age of 13.

If you are the parent or legal guardian of a child under the age of 18, and you choose to use the Platform and Services on behalf of such minor child, all references to “you” in these Terms shall refer to such child and you in your capacity as the parent or legal guardian of such child. By registering for and using the Platform and Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the provisions set forth herein. 

2. Qure4u ID and Password. 

You must create a valid username and password to become a Registered User of the Platform and Services. Your username and password are your credentials (“Credentials”) for accessing the Platform and Services. You should keep your Credentials private and not share your Credentials with anyone else. You are responsible for notifying Qure4u if your password has been hacked or stolen. You may notify Qure4u by sending an email to contact@qure4u.com. 

3. Use of Qure4u. 

The Platform and Services are not intended as a substitute for, nor do they replace professional medical advice or treatment. The Platform and Services are not diagnostic tools and should be not relied on as such. DO NOT USE THE PLATFORM AND SERVICES FOR EMERGENCY MEDICAL NEEDS. CALL 911 IMMEDIATELY IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY.

NOTE: QURE4U IS NOT A HEALTHCARE PROVIDER, NOR DOES QURE4U PROVIDE ANY DIRECT HEALTHCARE SERVICES.

All Personally Identifiable Information (“PII”), e-mail messages, correspondence, and all other communication, data, or information entered, accessed, or exchanged by you or by a Registered Provider or related to your health shall hereinafter be referred to as “Health Data.”

In the event a Registered User manually enters Health Data into the Platform and Services, Qure4u is not responsible for any errors or mistakes contained in such data or the accuracy of such data. In the event Qure4u assists with the entering of Health Data or the retrieval of medical summaries, Qure4u is not responsible for any errors or mistakes in this process. In assisting with the entering of this Health Data, Qure4u is not responsible for the accuracy of such Health Data.

You grant to Qure4u an irrevocable, nonexclusive, perpetual, world-wide, royalty-free right and license to use all Health Data (with obvious identifiers removed so that such Health Data is not PII) for any purpose permitted by law, including, without limitation (i) analysis and incorporation of the Health Data in databases, reports, comparative data sets, scores or scoring systems generated therefrom; and (ii) creation and distribution of works and derivative works based on the Health Data.  Any Health Data that contains an element that by itself, or in combination with any other data elements allows re-identification, is considered PII under these Terms.

4. Communication with Registered Providers. 

Registered Providers may send you important updates, information, and reminders through the Platform and Services. You are solely responsible for monitoring and responding to any message updates, and information sent to you by a Registered Provider or accessed by you on the Platform and Services. Qure4u is not liable for any loss, injury, damages, or claims of any kind related to messages, updates, or information sent to you, otherwise communicated to you, or accessed by you on the Platform and Services. Further, Qure4u is not responsible for any mistakes or errors related to messages, updates, or information sent or otherwise communicated to you by Registered Providers via the Platform and Services. In addition, you may communicate information with Registered Providers through the Platform and Services, including, but not limited to, information that you enter either manually, such as vitals or other clinic data, or data entered via integrated Devices as set forth in Section 9 below, including, but not limited to, information from remote patient monitoring devices.  You acknowledge and agree that the contents of any message/update and information communicated via the Platform and Services may be stored in your permanent medical record at the discretion of your Registered Provider. 

5. Opinions and Recommendations of Registered Providers. 

Qure4u may recommend certain Registered Providers to Registered Users who are familiar with Qure4u and know how to input a Registered User’s Health Data into the Platform and Services. This recommendation is not a referral or an endorsement of such Registered Provider. Qure4u makes no claim as to the quality of such Registered Provider. Your reliance on the advice, opinion, or information provided to you by a Registered Provider is at your own risk. You may not use the information on the Platform and Services as a basis for diagnosing a disease or condition or in making treatment decisions. Qure4u is not liable to you or anyone else for any decision made or action taken by you or by a Registered Provider, in reliance on information, advice, opinions or any other communication received or provided to you on the Platform and Services. 

6. Limitation on Use. 

You may not communicate, share information, or otherwise use the Platform and Services for the benefit of any other person, company, or third party, except as described in Section 7 below. Your communication with Registered Providers shall be limited to your own health information, conditions, diseases, and treatment. Soliciting advice, opinions, or information on behalf of a third party is dangerous and violates these Terms, except as described in Section 7 below.

Except for Health Data, all of the information available on or through the Platform and Services, including without limitation, all Materials, is owned by Qure4u and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Platform and Services and the Materials, and any underlying technology or software used in connection with the Platform and Services, or the Materials contain Qure4u’s proprietary information. Qure4u hereby gives you permission to use the aforementioned content for personal, non-commercial purposes only, but Qure4u does not transfer any intellectual property rights to you by virtue of permitting your use of the Platform and Services and/or the Materials. You may print, download, and store information from the Platform and Services for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Platform and Services in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, Qure4u does not grant you any express or implied rights, and all rights in the Platform and Services and Materials not expressly granted by Qure4u to you are retained by Qure4u. 

7. Authorized Parties as Registered Users 

In the event an individual wishes to appoint an authorized party to use the Platform and Services on his or her behalf, both the individual and the authorized party must be Registered Users of the Platform and Services. The individual must request, through the Platform and Services, that the authorized party function as such on behalf of the individual. The authorized party must provide an authorization form to each Facility (as defined in Section 10 below) to which the authorized party submits a request for Health Data on behalf of the individual. An authorization form will be available via the Platform and Services. Qure4u does not guarantee that all Facilities will accept the authorization form provided by Qure4u. 

8. Changes to These Terms of Use. 

Qure4u may amend or modify these Terms at any time in Qure4u’s sole discretion. Qure4u will post the amended Terms on the Platform and Services with notice of the changes. Your continued use of the Platform and Services following such notification shall constitute your affirmative acknowledgement of and consent to the amended Terms. If at any time you choose not to accept these Terms or any amendment to these Terms, please do not use or access the Platform and Services. 

9. Devices. 

The Platform and Services integrates with multiple third-party devices, including but not limited to, phone applications, activity trackers, remote patient monitoring devices, etc. (collectively the “Devices”). Qure4u is not responsible for the accuracy of the data generated by the Devices and integrated into the Platform and Services. Further, Qure4u does not guarantee that you will be able to access the Devices or be able to integrate the Devices and the Platform and Services at any particular time due to a Device malfunction or any other reason. 

10. Integrated Facilities. 

The Platform and Services integrate into multiple health care facilities, including, but not limited to, hospitals, clinics, physician practices, etc. (the “Facilities”). Qure4u is not responsible for the accuracy of the Health Data imported into the Platform and Services from Facilities. Further, Qure4u does not guarantee the availability of integration with specific Facilities. 

11. Changes to Features. 

Qure4u reserves the right to add new features to the Platform and Services, substitute a new feature for an existing feature, discontinue or suspend one of the existing features, or otherwise modify the features at any time in its sole discretion. Information about the amended features will be posted on the Platform and Services, and your use of the amended features will be governed by these Terms. Qure4u is not liable to you or any third party for the suspension or discontinuation of any of the features. 

12. The Health Score. 

The Health Score is one of many features of the Platform and Services. The Health Score is not intended as a substitute for, nor does it replace professional medical advice or treatment. The Health Score is not a diagnostic tool and should be not relied on as such. Your Health Score is only a “snapshot” of your current lifestyle. This “snapshot” should not be relied on as medical advice or as an indicator of your future health. 

13. Translation Services.

Qure4U uses a professional third-party translation service to provide language translation (the “Translation Services”) on the Platform and Services.  By agreeing to these Terms, you consent that any input you provide on the Platform and Services may be processed by the Translation Services.  You also agree to be represented by any translation provided by the Translation Services.  Qure4u is not responsible for any Translation Services.

  1. Remote Patient Monitoring Services.

IMPORTANT – PLEASE READ THIS SECTION 14 CAREFULLY BEFORE USING QURE4U REMOTE PATIENT MONITORING SERVICES

The Remote Patient Monitoring Services and features accessed on the website, via the mobile application, or otherwise, are all referred to as the “RPM Services” in these Terms. The RPM Services are owned by Qure4u, Inc. and its subsidiaries or affiliates involved in providing and supporting the RPM Services. These terms apply to you as a user of the RPM Services. Qure4u does not manufacture or sell to patients Devices.  Your Registered Provider might make Devices available to you.  These terms do NOT apply to your use of any Devices used in conjunction with the RPM Services. Your use of the Devices will be governed by separate terms of use, if any, provided to you by your Provider or a third-party manufacturer of Devices (“Third Party Manufacturer”). Please review the applicable terms of use prior to using any Device.

Qure4u Does NOT Provide Medical Advice

Our RPM Services provide an online option for you and your Registered Provider to monitor certain medical data and conditions that are not serious, or life threatening and do not present an emergency. Our RPM Services are NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a health care provider or the patient. If at any time you are concerned about your care or the treatment, or you believe or someone else advises you that you have a serious or life-threatening condition, call 9-1-1 immediately in areas where that service is available, or go to the nearest open clinic or emergency room.

THE RPM SERVICES CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR REGISTERED PROVIDER(S) OR TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. YOU SHOULD ALWAYS TALK TO YOUR REGISTERED PROVIDER(S) FOR DIAGNOSIS AND TREATMENT.

Your Registered Provider may base their medical advice on the personal health data you provide, and the data transmitted from your Devices via the RPM Services. If you do not provide complete and accurate Health Data, the medical advice you receive may not be correct. Any content provided or accessed through the RPM Services, including without limitation information provided by Qure4u’s staff in response to questions you may submit through the RPM Services, is for informational purposes only, and is not intended to cover all possible uses, directions, precautions, drug interactions, or adverse effects. Please consult your Registered Provider or other qualified health care provider if you have any questions about a medical condition, or before taking any drug, changing your diet, or commencing or discontinuing any course of treatment. Never disregard, avoid, or delay in obtaining medical advice from your Registered Provider or other qualified healthcare provider because of something posted on our RPM Services.

THE FACT THAT YOUR REGISTERED PROVIDER IS USING OUR RPM SERVICES DOES NOT MEAN THAT QURE4U ENDORSES OR RECOMMENDS THE REGISTERED PROVIDER, AND QURE4U DOES NOT CONFIRM THE CREDENTIALS OF ANY PROVIDERS. QURE4U DOES NOT CONTROL THE MEDICAL ADVICE YOUR REGISTERED PROVIDER GIVES YOU, AND QURE4U DOES NOT HAVE ACCESS TO OR USE ANY OF THAT ADVICE. IT IS YOUR RESPONSIBILITY TO SEPARATELY CONFIRM THAT A REGISTERED PROVIDER IS PROPERLY LICENSED.  

Qure4u is not liable in any way for any malpractice or treatment your Registered Provider may provide. Qure4u does not manufacture or sell to patients any Devices. Qure4u is not liable in any way for (i) use of a Device, (ii) failure of a Device to function properly, (iii) failure of connectivity between a Device and a Third Party Manufacturer portal, (iv) failure of connectivity between a Third Party Manufacturer portal and Qure4u, (v) any other failure of connectivity, (vi) failure of a Registered Provider to monitor data from Devices, (vii) failure of Qure4u to monitor data from Devices or (viii) any failure of the RPM Services.  You are using the RPM Services at your own risk.

Third-Party Websites, RPM Services, Devices

Our RPM Services may contain links to third party web sites or other RPM Services, including, but not limited to, Third Party Manufacturers’ portals, that are not owned or controlled by Qure4u.

Qure4u has no control over, and Qure4u assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or other RPM Services. Qure4u does not warrant the offerings of any of these entities/individuals or their websites. Qure4u strongly advises you to read the terms and conditions and privacy policies of any third-party websites or other RPM Services that you visit.

Qure4u does not warrant the offerings of any Third-Party Manufacturers or any Devices. Qure4u strongly advises you to read the terms and conditions and privacy policies of any Third-Party Manufacturers or any Devices.

YOU AGREE THAT QURE4U WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY, OR INDIRECTLY, FOR ANY DEVICES, GOODS, RPM SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY MANUFACTURERS, OR FOR ANY DAMAGES OR LOSSES CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE DEVICES, CONTENT, OR BUSINESS PRACTICES OF ANY THIRD-PARTY.  

  1. Disclaimer of Warranties.

    ACCESS TO THE PLATFORM AND SERVICES, MATERIALS, AND FEATURES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. QURE4U DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE PLATFORM AND SERVICES, MATERIALS, OR ANY FEATURE AT ANY PARTICULAR TIME. QURE4U MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE PLATFORM AND SERVICES, MATERIALS OR FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QURE4U HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE PLATFORM AND SERVICES, MATERIALS, AND FEATURES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE PLATFORM AND SERVICES, MATERIALS, OR FEATURES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. QURE4U DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AND SERVICES, MATERIALS, OR FEATURES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. QURE4U IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY REGISTERED PROVIDERS OR INFORMATION PROVIDED OR RECEIVED THROUGH THE PLATFORM AND SERVICES. EXCEPT AS EXPRESSLY SET FORTH HEREIN, QURE4U MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE, FEATURES, AND FUNCTIONS MADE ACCESSIBLE THROUGH THE PLATFORM AND SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. QURE4U DOES NOT WARRANT THAT THE PLATFORM AND SERVICES, MATERIALS, AND/OR FEATURES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE PLATFORM AND SERVICES SOFTWARE IS FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.

THE FACT THAT YOUR REGISTERED PROVIDER IS USING OUR PLATFORM OR SERVICES DOES NOT MEAN THAT QURE4U ENDORSES OR RECOMMENDS THE REGISTERED PROVIDER, AND QURE4U DOES NOT CONFIRM THE CREDENTIALS OF ANY PROVIDERS. QURE4U DOES NOT CONTROL THE MEDICAL ADVICE YOUR REGISTERED PROVIDER GIVES YOU, AND QURE4U DOES NOT HAVE ACCESS TO OR USE ANY OF THAT ADVICE. IT IS YOUR RESPONSIBILITY TO SEPARATELY CONFIRM THAT A REGISTERED PROVIDER IS PROPERLY LICENSED.

You agree not to solely rely on any of information provided or received by you on the Platform and Services. Qure4u is not liable under any circumstances for your reliance on such information, nor shall Qure4u be liable for any direct, incidental, special, consequential, indirect, or punitive damages that result from the use of or the inability to use the Platform and Services, Materials, and/or features. Your use of the Platform and Services is at your own risk, and you have the right to discontinue use at any time. 

16. General Limitation of Liability. 

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH QURE4U IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL QURE4U BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE PLATFORM AND SERVICES, MATERIALS, OR FEATURES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF REGISTERED PROVIDERS UTILIZED THROUGH USE OF THE PLATFORM AND SERVICES, EVEN IF QURE4U KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, QURE4U’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”. 

17. Termination. 

Qure4u shall have all right and authority to terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms by you or by someone using your Credentials. Qure4u may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension. Qure4u shall not be liable to you or any third party for any termination of your access to the Platform and Services. Further, you agree not to attempt to use the Platform and Services or Materials after any such deletion, deactivation, or termination.

Should you or Qure4u elect to terminate your participation as a Registered User for any reason, you may request a comma-separated values (CSV) file with your Health Data. Such request must be made in writing and delivered to Qure4u at the address listed in Section 18 of these Terms within thirty (30) days from the date your participation is terminated. Upon the expiration of this thirty (30) day notice period, Qure4u may delete and forever destroy all Health Data created pursuant to these Terms. 

18. Notice to Qure4u. 

All notices and other writings required or permitted to be given under these Terms shall be hand delivered or mailed, postage prepaid by certified or registered mail, return receipt requested, to Qure4u at:

Qure4u, Inc.

6127 26th Street W.

Bradenton, FL 34207

Attention Legal Department 

19. Indemnification. 

Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, your employer or “sponsor” of your Qure4u subscription, and suppliers, from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise out of or in any way connected with: (i) your access to the Platform and Services; (ii) your use of the Materials; (iii) your actions taken to improve your Health Score or overall health; (vi) your use of any Device, (v) the violation of these Terms (by you or any third party using your Credentials) of any intellectual property or other right of any person or entity, or (vi) any negligent or wrongful conduct by you or related to your account by you or any other person accessing the Platform or Services or Materials through your account. 

20. Entire Agreement. 

These Terms and any supplemental terms, policies, rules, and guidelines posted on the Platform and Services, including our Privacy Policy, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Qure4u to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. 

21. Choice of Law and Dispute Resolution. 

These Terms shall be governed by and controlled by the laws of the State of Florida. The parties agree that exclusive venue shall be in the courts of Manatee County, Florida for all disputes arising out of these Terms. The parties each hereby consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available to them. 

22. Assignment. 

Qure4u may assign the Terms at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. Qure4u will post a notice on the Platform and Services regarding any change of ownership so that you have the opportunity to discontinue your use of the Platform and Services or cancel your registration if you do not wish to continue to use the Platform and Services under the new ownership. You may not assign, transfer, or sublicense these Terms to anyone else and any attempt to do so in violation of this section shall be null and void. 

  1. Payments.

You can make payments to Registered Providers via the Platform and Services, for example to pay copays and outstanding balances. As set forth in the Qure4u Privacy Policy, Qure4u must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on the Platform and Services; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.  While Qure4u facilitates these transactions between you and Registered Providers, Qure4u is not responsible for any errors or mistakes in this process or for the accuracy of such copay and outstanding balance amounts.

  1. Intellectual Property

The Platform and Services and all Materials are owned or licensed by Qure4u. Qure4u grants to you, for your personal purposes only, a nonexclusive, limited, and revocable right to access and use the Platform and Services during the term of this Agreement, so long as you comply with these Terms. 

You agree not to use the Platform and Services for any other purpose, including commercial purposes, such as co- branding, framing, linking, or reselling any portion of the Platform and Services without our prior written consent.

You may access, download, or print the materials available through the Platform and Services for non-commercial purposes and solely within the scope allowable by these Terms. You may not use the Materials for any other purpose without our express written permission. Any unauthorized use of words or images from the Platform and Services may violate copyright laws, trademark laws, laws of privacy and publicity, and civil and criminal statutes.

You may not use Qure4u’s name, trademarks, service marks or logos or those of third parties appearing on the Platform and Services in any advertising or publicity, or otherwise to indicate Qure4u’s or such third party’s sponsorship of or affiliation with any product or service without express written permission of Qure4u or such third party.

  1. UNAUTHORIZED ACTIVITIES

While using the Platform and Services, you shall not:

(A)       Post, upload, publish, submit, transmit or otherwise make available any content that you do not have a right to make available;

(B)       Use, display, mirror or frame the Platform and Services, or any individual element within the Platform and Services, Qure4u or Qure4u’s name, any Qure4u trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Our express written consent;

(C)       Access, tamper with, or use non-public areas of the Platform and Services, Qure4u’s computer systems, or the technical delivery systems of Qure4u’s service providers;

(D)       Attempt to probe, scan, or test the vulnerability of any Qure4u system or network or breach any security or authentication measures;

(E)       Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Qure4u, your Registered Provider, or any other third party (including another user) to protect the Platform and Services;

(F)       Attempt to access or search the Platform and Services or download materials from the Platform and Services through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than the software and/or search agents provided by Qure4u or other generally available third-party web browsers;

(G)       Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

(H)       Use any meta tags or other hidden text or metadata utilizing an Qure4u trademark, logo, URL, or product name without Our express written consent;

(I)       Use the Platform and Services or materials for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

(J)       Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform and Services or materials to send altered, deceptive, or false source-identifying information;

(K)       Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Platform and Services or Materials;

(L)       Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform and Services;

(M)       Collect or store any personally identifiable information (not your own) from the Platform and Services;

(N)       Impersonate or misrepresent your affiliation with any person or entity;

(O)       Violate any applicable law or regulation; or

(P)       Encourage or enable any other individual to do any of the above.

 

Qure4u may investigate and prosecute violations of any of the above to the fullest extent of the law. Qure4u may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. Qure4u has no obligation to monitor your access to the Platform and Services, however, Qure4u may do so for the purpose of operating the Platform and Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Qure4u reserves the right to, at any time and without prior notice, remove or disable access to any of the Platform, Services, or Materials that Qure4u decides is in violation of these Terms or are otherwise harmful to the Platform or Services.

  1. Dispute Resolution

If you or Qure4u has any dispute regarding these Terms, including, but not limited to, any alleged breach of these Terms, the parties will submit the dispute to binding arbitration in Florida before a single arbitrator, in accordance with rules and procedures of the American Arbitration Association. The arbitrator may, but does not have to, award legal fees, arbitrator’s fees and costs and other costs incurred by the party that does not win the dispute. Any arbitration will be strictly confidential and neither party will disclose to any person (other than necessary to carry out the arbitration) the existence of the dispute or any aspect of the dispute.

  1. General Legal Provisions

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions of these Terms remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Nothing in this agreement creates an agency, partnership, or joint venture. Failure to enforce any provision will not constitute a waiver of that provision.

Last Updated November 17, 2021

QURE4U PLATFORM AND SERVICES PRIVACY POLICY 

This Privacy Policy (the “Policy”) discloses the privacy practices for the Qure4u, Inc. (“Qure4u”) secure online platform accessible via the Qure4u App and web interface (the “Platform”) and related services, including, but not limited to, Translation Services, Remote Patient Monitoring Services, etc. (collectively the “Services”). Qure4u is committed to protecting your privacy online. Please read the information below to learn the following regarding your use of the Platform and Services.

You acknowledge that this Policy is in addition to the Platform and Services Terms of Use (“Terms of Use”), and by accessing or using the Platform and Services, you agree to be bound by the Terms of Use and this Policy (collectively the “Terms”). If you do not agree to these terms, please do not access, or use the Platform and Services.

Qure4u reserves the right to change this Policy at any time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to issuing an E-mail to the E-mail address listed by registered users and posting the revised Policy on this page. You acknowledge and agree that it is your responsibility to maintain a valid E-mail address as a registered user, review the Terms of Use and this Policy periodically and to be aware of any modifications. Your continued use of the Platform and Services after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.



  1. Types of Information Collected 

    In order to better provide you with our numerous services, Qure4u collects two types of information about our users: Personally Identifiable Information and Non-Personally Identifiable Information. Our primary goal in collecting information from you is to provide you with a smooth, efficient, and customized experience while using the Platform and Services. 

    Personally Identifiable Information:This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the Platform and Services, such as registering for a membership, ordering a product or service, submitting content, for example, but not limited to, Health Data as defined in the Terms of Use, and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, Qure4u may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to elect to engage in these activities, however, Qure4u may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), E-mail address, employer, job title and department, telephone and facsimile numbers, and other personal identifying information. When ordering products or services on the Platform and Services, you may be asked to provide a credit card number. Depending upon the activity, some of the information Qure4u asks you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity. 

    Non-Personally Identifiable Information: This refers to information that does not by itself identify a specific individual. Qure4u gathers certain information about you based upon where you visit on the Platform and Services in several ways. This information is compiled and analysed on both a personal and an aggregated basis. This information may include the Uniform Resource Locator (“URL”) that you just came from, which URL you next go to, what browser you are using, and your Internet Protocol (“IP”) address. A URL is the global address of documents and other resources on the World Wide Web. An IP address is an identifier for a computer or device on a Transmission Control Protocol/Internet Protocol (“TCP/IP”) network, such as the World Wide Web. Networks like the Web use the TCP/IP protocol to route information based on the IP address of the destination. In other words, an IP address is a number that is automatically assigned to your computer whenever you are surfing the web, allowing web servers to locate and identify your computer. Computers require IP addresses in order for users to communicate on the Internet. 

    2. Collection Methods and Use of Information 

    Qure4u does not collect any Personally Identifiable Information about you unless you or a Registered Provider voluntarily provides it to us. You provide certain Personally Identifiable Information to us when you (a) use the Platform and Services, including, but not limited to, submitting Health Data as defined in the Terms of Use, (b) register for our services and register your E-mail address with us; (c) enter sweepstakes or contests sponsored by us or one of our partners; (d) sign up for special offers from selected third parties; (e) send E-mail messages, submit forms or transmit other information by telephone or letter; or (f) submit your credit card or other payment information when ordering and purchasing products and services on the Platform and Services. Qure4u may also collect information from you at other points on the Platform and Services that state that such information is being collected.

 

In addition, Qure4u may also collect, or our third-party ad server and/or content server may collect, certain Non-Personally Identifiable Information. This information is ultimately stored in the form of store categories, and, in some cases, specific URLs. Qure4u uses your IP address to diagnose problems with our servers, software, to administer the Platform and Services and to gather demographic information. Our third-party ad servers will also provide us with summary, but not individual, reports that will tell us how many ads were presented and clicked upon on the Platform and Services.

Qure4u will primarily use your Personally Identifiable Information to provide our services to you, via the Platform and Services or otherwise, as required by our agreements with you. Qure4u will also use Personally Identifiable Information to enhance the operation of the Platform and Services, including the use of de-identified Health Data, fill orders, improve our marketing and promotional efforts, statistically analyse the Platform and Services use, improve our product and service offerings, and customize the Platform and Services’ content, layout, and services. 

Qure4u may use Personally Identifiable Information to deliver information to you and to contact you regarding administrative notices. Qure4u may also use Personally Identifiable Information to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms of Use and this Policy. 

3. Release of Information 

Qure4u does not sell, trade, or rent your Personally Identifiable Information to others. Qure4u does provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. Qure4u and our service partners use your Personally Identifiable Information to operate the Platform and Services and to deliver services. For example, Qure4u must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on the Platform and Services; release your address information to the delivery service to deliver products that you ordered; and provide order information to third parties that help us provide customer service.

Qure4u will encourage our service partners to adopt and post privacy policies. However, the use of your Personally Identifiable Information by our service partners is governed by the privacy policies of those service partners and is not subject to our control.

Occasionally Qure4u may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. Qure4u will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. Qure4u fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. Qure4u reserves the right to report to law enforcement agencies any activities that Qure4u in good faith believe to be unlawful.

Qure4u may also provide Non-Personally Identifiable Information about our customers’ sales, traffic patterns, and related Platform and Services information to third party advertisers, but these statistics do not include any Personally Identifiable Information. 

4. Updating and Correcting Information 

Qure4u believes you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on the Platform and Services. You may also access and correct your personal information and privacy preferences by writing us at:

contact@qure4u.com or

Qure4u, Inc.

1401 Manatee Ave. W

Bradenton, FL 34205 USA

Please include your name, address, and/or email address when you contact us.

Qure4u encourages you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because Qure4u keeps track of past transactions, you cannot delete information associated with past transactions on the Platform and Services. In addition, it may be impossible to completely delete your information without some residual information because of backups. 

5. User Choices on Collection and Use of Information 

Qure4u may, from time to time, send you E-mail or text messages regarding our products and services. In addition, if you indicated upon registration that you are interested in receiving offers or information from us and our partners, Qure4u may occasionally send you direct mail about products and services that Qure4u feels may be of interest to you. Only Qure4u (or agents working on behalf of Qure4u and under confidentiality agreements) will send you these direct mailings and only if you indicated that you do not object to these offers. If you do not want to receive such mailings, simply tell us when you give us your personal information. Or, at any time you can easily edit your account information to no longer receive such offers and mailings.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies some parts of the Platform and Services may not work properly in your case. 

6. Security of Information 

When using the Platform and Services, you can be assured that your Personally Identifiable Information is secure, consistent with current industry standards. The importance of security for all Personally Identifiable Information associated with our user is of utmost concern to us. Your Personally Identifiable Information is protected in several ways. Access by you to your Personally Identifiable Information is available through a password and unique customer ID selected by you. This password is encrypted. Qure4u recommends that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Qure4u personnel and contractors have access to via password. Qure4u encrypts your Personally Identifiable Information and thereby prevent unauthorized parties from viewing such information when it is transmitted to us.

Personal information that you provide that is not Personally Identifiable Information also resides on a secure server and is only accessible via password. Since this information is not accessible from outside the Platform and Services you will not be asked to select a password in order to view or modify such information.

In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while Qure4u strives to protect your Personally Identifiable Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through the Platform and Services cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. 

7. Cookies 

When you use the Platform and Services, Qure4u will store cookies on your computer in order to facilitate and customize your use of the Platform and Services. A cookie is a small data text file, which is stored on your computer’s hard drive (if your device permits) that can later be retrieved to identify you to us. Our cookies store randomly assigned user identification numbers, the country where you are located, and your first name to welcome you back to the Platform and Services. The cookies make your use of the Platform and Services easier, make the Platform and Services run more smoothly and help us to maintain the Platform and Services securely. You are always free to decline our cookies if your device permits, but some parts of the Platform and Services may not work properly in that case. 

Qure4u may use an outside ad serving company to display banner advertisements on the Platform and Services. As part of their service, they will place a separate cookie on your device. Qure4u will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. Qure4u and our third-party ad server will collect and use Non-Personally Identifiable Information about you, such as your IP address, browser type, the server your device is logged onto, the area code and zip code associated with your device and whether you responded to a particular ad. Other advertisers may also place banner ads on the Platform and Services in the same manner as above, but Qure4u will not disclose any Personally Identifiable Information to them. 

8. Privacy Policies of Third-Party Sites 

Except as otherwise discussed in this Policy, this document only addresses the use and disclosure of information Qure4u collects from you. Other websites accessible through the Platform and Services have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. Qure4u is not responsible for the policies or practices of third parties. Additionally, other companies which place advertising on the Platform and Services may collect information about you when you view or click on their advertising through the use of cookies. Qure4u cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect. 

9. Miscellaneous Privacy Issues 

You must be at least 18 years old to have our permission to use the Platform and Services. Our policy is that Qure4u does not knowingly collect, use, or disclose Personally Identifiable Information about visitors that are under 18 years of age.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e., your name, E-mail address, etc.) in the discussion forums or other public areas on the Platform and Services, that information, along with any information disclosed in your communication, can be collected, and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Policy does not apply to such information. Any submissions to chat rooms or other public areas on the Platform and Services are accepted with the understanding that they are accessible to all third parties. If you do not want your comments in discussion forums to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.

If you have any questions about this Policy, security concerns related to the practices and/or technology of Qure4u, please contact us below:

Qure4u, Inc.

1401 Manatee Ave. W

Bradenton, FL 34205

Attn: Information Security Officer

You may also contact us by E-mail at security@qure4u.com.

Last Updated November 17, 2021