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.
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 email@example.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.
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.
IMPORTANT – PLEASE READ THIS SECTION 14 CAREFULLY BEFORE USING QURE4U REMOTE PATIENT MONITORING SERVICES
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.
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:
6127 26th Street W.
Bradenton, FL 34207
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.
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.
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.
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
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 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:
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.
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:
Bradenton, FL 34205
Attn: Information Security Officer
You may also contact us by E-mail at firstname.lastname@example.org.
Last Updated November 17, 2021
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Qure4u Inc. 2023