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Terms of Service
The following terms of service (“Terms of Service”) constitute an agreement between you and Qure4u, and govern your use of Qure4u and the Features.
You must be at least 18 years of age to register and use Qure4u. Children between the ages of 13 and 18 may lawfully use Qure4u only in conjunction with, and under the supervision of, a parent or guardian who has agreed to the Terms of Service. In accordance with the Children's Online Privacy Protection Act, children under the age of 13 may not use Qure4u for any reason.
If you are the parent or legal guardian of a child under the age of 18, and you choose to use Qure4u on behalf of such minor child, all references to “you” in these Terms of Service shall refer to such child and you in your capacity as the parent or legal guardian of such child. By registering for and using Qure4u, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Service 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 Qure4u. Your username and password are your credentials ("Credentials") for accessing Qure4u. 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 firstname.lastname@example.org.
3. Use of Qure4u.
Qure4u is not intended as a substitute for, nor does it replace professional medical advice or treatment. Qure4u is not a diagnostic tool and should be not relied on as such. DO NOT USE QURE4U FOR EMERGENCY MEDICAL NEEDS. CALL 911 IMMEDIATELY IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY.
All Protected Health Information (“PHI”), e-mail messages, correspondence, and all other communication, data, or information accessed or exchanged by you or related to your health shall hereinafter be referred to as “Health Data.”
In the event a Registered User manually enters Health Data into Qure4u online, 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.
4. Communication with Registered Physicians.
Registered Physicians may send you important updates, information, and reminders through Qure4u. You are solely responsible for monitoring and responding to any message updates, and information sent to you by a Registered Physician or accessed by you on Qure4u. Qure4u is not liable for any loss, injury, damages, or claims of any kind related to messages, updates, or information sent to you or accessed by you on Qure4u. Further, Qure4u is not responsible for any mistakes or errors related to messages, updates, or information sent to you by Registered Physicians via Qure4u. You acknowledge and agree that the contents of any message/update may be stored in your permanent medical record at the discretion of your Registered Physician.
5. Opinions and Recommendations of Registered Physicians.
Qure4u may recommend certain Registered Physicians to Registered Users who are familiar with Qure4u and know how to input a Registered User’s Health Data into the system. This recommendation is not a referral or an endorsement of such Registered Physician. Qure4u makes no claim as to the quality of such Registered Physician. You may rely on the advice, opinion, or information provided to you by a Registered Physician at your own risk. You may not use the information on Qure4u 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 Physician, in reliance on information, advice, opinions or any other communication received or provided to you on Qure4u.
6. Limitation on Use.
You may not communicate, share information, or otherwise use Qure4u for the benefit of any other person, company, or third party, except as described in Section 7 below. Your communication with Registered Physicians 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 and Conditions, except as described in Section 7 below.
Except for Health Data, all of the information available on or through Qure4u, including without limitation, text, photographs, graphics and video and audio content, is owned by Qure4u and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that Qure4u and the Features, and any underlying technology or software used in connection with Qure4u or the Features 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 Qure4u and/or the Features. You may print, download, and store information from Qure4u 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 Qure4u 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 Qure4u 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 Qure4u on their behalf, both the individual and the authorized party must be Registered Users of Qure4u. The individual must request, through Qure4u, that the authorized party function as such on behalf of the individual. The authorized party must provide an authorization form to each Facility to which the authorized party submits a request for Health Data on behalf of the individual. An authorization form will be available via Qure4u. Qure4u does not guarantee that all Facilities will accept the authorization form provided by Qure4u.
8. Changes to These Terms of Service.
Qure4u may amend or modify these Terms of Service at any time in Qure4u’s sole discretion. Qure4u will post the amended Terms of Service on Qure4u with notice of the changes. Your continued use of Qure4u following such notification shall constitute your affirmative acknowledgement of and consent to the amended Terms and Conditions. If at any time you choose not to accept these Terms of Service or any amendment to these Terms of Service, please do not use or access Qure4u.
9. Integrated Devices.
Qure4u integrates with multiple third party devices, including but not limited to, phone applications and activity trackers (the “Devices”). Qure4u is not responsible for the accuracy of the data generated by the Devices and integrated into Qure4u. Further, Qure4u does not guarantee that you will be able to access the Devices or be able to integrate the Devices and Qure4u at any particular time due to a Device malfunction or any other reason.
10. Integrated Facilities.
Qure4u integrates into multiple health care facilities such as hospitals (the “Facilities”). Qure4u is not responsible for the accuracy of the Health Data imported into Qure4u from these Facilities. Further, Qure4u does not guarantee the availability of integration with specific Facilities.
11. Changes to the Features.
Qure4u reserves the right to add new features to Qure4u, 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 Qure4u, and your use of the amended features will be governed by these Terms of Service. 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 Qure4u. 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. Disclaimer of Warranties.
ACCESS TO QURE4U 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 QURE4U OR ANY FEATURE AT ANY PARTICULAR TIME. QURE4U MAKES NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT QURE4U OR THE FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QURE4U HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO QURE4U AND THE FEATURES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT QURE4U IS 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 QURE4U OR THE 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 PHYSICIANS OR INFORMATION PROVIDED OR RECEIVED THROUGH QURE4U. EXCEPT AS EXPRESSLY SET FORTH HEREIN, QURE4U MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH QURE4U OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. QURE4U DOES NOT WARRANT THAT QURE4U AND/OR FEATURES WILL OPERATE ERROR-FREE, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT QURE4U SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS.
You agree not to solely rely on any of information provided or received by you on Qure4u. 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 Qure4u and/or Features. Your use of Qure4u is at your own risk, and you have the right to discontinue use at any time.
14. 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 INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, QURE4U OR ANY FEATURE. 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 PHYSICIANS UTILIZED THROUGH USE OF THE SERVICE, 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".
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 of Services or other policies and terms posted on Qure4u 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 Qure4u. Further, you agree not to attempt to use Qure4u or Features 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 12 of these Terms of Service within thirty (30) days from the date your participation is terminated. Upon the expiration of this thirty (30) day notice period, Qure4u shall delete and forever destroy all Health Data created pursuant to this Agreement.
16. Notice to Qure4u.
All notices and other writings required or permitted to be given under these Terms of Service 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
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 from or are related to: (i) your access to Qure4u; (ii) your use of the Features; (iii) your actions taken to improve your Health Score or overall health; or (iv) the violation of these Terms and Conditions (by you or any third party using your Credentials) of any intellectual property or other right of any person or entity. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
18. Entire Agreement.
19. Choice of Law and Dispute Resolution.
These Terms of Service 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 of Service. 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.
Qure4u may assign the Terms of Service 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 Qure4u regarding any change of ownership so that you have the opportunity to discontinue your use of Qure4u or cancel your registration if you do not wish to continue to use Qure4u under the new ownership. You may not assign, transfer or sublicense these Terms of Service to anyone else and any attempt to do so in violation of this section shall be null and void.
Qure4u is HIPAA compliant.
1. Types of Information Collected
In order to better provide you with our numerous services, we collect 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 our site.
Personally Identifiable Information: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this site, such as registering for a membership, ordering a product or service, submitting content and/or posting content in discussion forums or other public areas, entering a contest or sweepstakes, filling out a survey, or sending us feedback, we 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, we 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 site, you may be asked to provide a credit card number. Depending upon the activity, some of the information we ask 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. We gather certain information about you based upon where you visit on our site in several ways. This information is compiled and analyzed on both a personal and an aggregated basis. This information may include the Web site's 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
We do not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to us when you (a) register for our services and register your E-mail address with us; (b) enter sweepstakes or contests sponsored by us or one of our partners; (c) sign up for special offers from selected third parties; (d) send E-mail messages, submit forms or transmit other information by telephone or letter; or (e) submit your credit card or other payment information when ordering and purchasing products and services on our site. We may also collect information from you at other points on our site that state that such information is being collected.
In addition, we 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. We use your IP address to diagnose problems with our servers, software, to administer our site 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 at our site.
3. Release of Information
We do not sell, trade, or rent your Personally Identifiable Information to others. We do provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. We and our service partners use your Personally Identifiable Information to operate our sites and to deliver their services. For example, we must release your credit card information to the card-issuing bank to confirm payment for products and services purchased on this site; 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.
We 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 we may be required by law enforcement or judicial authorities to provide Personally Identifiable Information to the appropriate governmental authorities. We will disclose Personally Identifiable Information upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.
We may also provide Non-Personally Identifiable Information about our customers' sales, traffic patterns, and related site information to third party advertisers, but these statistics do not include any Personally Identifiable Information.
4. Updating and Correcting Information
We believe 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 this site. You may also access and correct your personal information and privacy preferences by writing us at:
Qure4u, Inc. 6127 26th Street West Bradenton, FL 34207 USA
Please include your name, address, and/or E-mail address when you contact us.
We encourage 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 we keep track of past transactions, you cannot delete information associated with past transactions on this site. 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
We may, from time to time, send you E-mail 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, we may occasionally send you direct mail about products and services that we feel may be of interest to you. Only Qure4u, Inc. (or agents working on behalf of Qure4u, Inc. 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 our site may not work properly in your case.
6. Security of Information
At our site 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. We recommend that you do not divulge your password to anyone. In addition, your Personally Identifiable Information resides on a secure server that only selected Qure4u Technologies Inc. personnel and contractors have access to via password. We encrypt 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 qure4u.com 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 we strive 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 this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
When you use our site we will store cookies on your computer in order to facilitate and customize your use of our site. A cookie is a small data text file, which a Web site stores on your computer's hard drive (if your Web browser 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 our site. The cookies make your use of the site easier, make the site run more smoothly and help us to maintain a secure site. You are always free to decline our cookies if your browser permits, but some parts of our site may not work properly in that case.
We may use an outside ad serving company to display banner advertisements on our site. As part of their service, they will place a separate cookie on your computer. We will not provide any third-party ad server with any of your Personally Identifiable Information or information about your purchases. We 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 computer is logged onto, the area code and zip code associated with your server and whether you responded to a particular ad. Other advertisers may also place banner ads on our site in the same manner as above, but we will not disclose any Personally Identifiable Information to them.
8. Privacy Policies of Third Party Sites
9. Google Analytics
The information generated about your use of the Site including your IP address is transmitted to Google. The information is then used to evaluate visitor interactions with this Site and to compile reports on website traffic activity for qure4u.com. Neither Qure4u Technologies Inc. nor Google will ever link or seek to link Personally Identifiable Information provided by you to the Site to the data collected by Google Analytics.
If you would like to opt out of Google Analytics, Google has developed a tool that works with major internet browsers to permit you to opt-out. For more information and to install their opt-out tool, please click here:
10. Miscellaneous Privacy Issues
You must be at least 18 years old to have our permission to use this site. Our policy is that we do 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 this site, 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 this site are accepted with the understanding that they are accessible to all third parties. If you do not want your comments 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.
Qure4u, Inc. 6127 26th Street West Bradenton, FL 34207
Attn: Privacy Compliance Officer
You may also contact us by E-mail at email@example.com.