CureTogether Terms and Conditions
Effective March 25, 2009
(the "Site"), software, and services. By visiting or interacting with the Site, either as a visitor or as a registered member, you agree to be bound by the terms of this Agreement. Some of the terms apply to all users of the Site, while others apply only to members, as explained below.
1. Description of Service
The Site provides a service ("Service") whereby patients and researchers come together to share information and help find cures for chronic conditions. The Service includes access to the CureTogether public website, including the condition resource wikis, user profiles, and other features that augment or enhance the Service. You understand and agree that the Service is provided "AS-IS" and that CureTogether assumes no responsibility for the use of the Service outside the terms of this Agreement or other applicable terms. CureTogether is constantly innovating and seeks to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which CureTogether provides may change from time to time without prior notice to you. You may stop using the Service at any time, without needing to inform CureTogether. By using this Site, you acknowledge that CureTogether does not control in any manner the nature, quality, or accuracy of user-rated content, such as resource posts and comments. You agree that CureTogether is a neutral forum for people coming together in the search for cures.
The Site is not available for use by minors (those under 18 years of age, or otherwise under applicable law), or individuals or organizations who cannot form legally binding contracts under applicable law. If you do not qualify, please do not use the Site. By registering as a member you represent that you are age 18 or older.
3. CureTogether Does Not Provide Medical Advice
Any information on the Site, including text, graphics, images, symptoms, treatments, dosages, outcomes, charts, profiles, photographs, advice, comments, messages, and other information, is for informational, research and educational purposes only. It is not a substitute for professional medical advice or treatment. It is not intended to be used to diagnose, cure, treat, or prevent any condition or disease, or to assess the status of your health. Also, as part of your participation in the Service you contribute your information to aggregate, open research efforts to study diseases and work towards finding cures.
If you think you may have a medical emergency, call your doctor or 911 immediately. CureTogether does not recommend or endorse any specific course of action, tests, resources, physicians, products, procedures, drugs, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by CureTogether, on persons appearing on the Site at the invitation of CureTogether, or on other members or visitors is solely at your own risk.
4. Code of Conduct and Lawful Use of the Site
You understand that you are entirely responsible for all information or other content that you upload, post, email, or otherwise transmit on the Site, whether publicly posted or privately transmitted. You agree not to post or upload anything to the Site that is inaccurate, false or misleading; is obscene, abusive or indecent; or that infringes any copyright, patent, trademark, trade secret or other proprietary rights or rights of any party. You also agree to not impersonate another person; to not harass, threaten or stalk another participant, including the use of expressions of bigotry, racism, hatred, or profanity; and to not use the Site to conduct any illegal activity or any activity that violates the rights of others, provides instructional information about illegal activities, or promotes harm to anyone.
You agree to not: 1) use any robot, spider, scraper, or other automated means to access the Site or content provided on the Site for any purposes; 2) post content on the Site that contains viruses, Trojan horses, worms, time bombs, spiders, or other programs intended to damage, interfere with, intercept or expropriate any system, data or personal information; 3) attempt to damage, disable, overburden, or impair the Site; 4) use or collect contact information about CureTogether members to facilitate the sending of unsolicited bulk communications such as SPAM; 5) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You understand that using the Site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your service.
The content available on the Site is for personal, individual, non-commercial use only. Organizations, companies, and/or businesses are not allowed to become members or use the Site without express consent from CureTogether.
6. International Use
7. Password, Login and Security
You represent and warrant that the information you provide when registering as a member, and all information you subsequently provide, is true, accurate, current and not misleading. If you provide any information that is untrue, inaccurate, not current or misleading, or CureTogether has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or misleading, CureTogether has the right to suspend or terminate your membership and refuse any or all current or future use of the Service.
You are responsible for maintaining the confidentiality of your password and login, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Site with your login and password information, you will defend and indemnify CureTogether and its affiliates against any liability, costs, or damages arising out of claims or suits by such third parties based upon or relating to such access and use, and your membership may be suspended or terminated. You agree to immediately notify CureTogether of any unauthorized use of your password or login or any other breach of security.
8. Posting and Use of Content
CureTogether will not, at all times, control all of the content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such content, nor does CureTogether take any responsibility for the content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable; and you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge that CureTogether has the right but no obligation to prescreen postings and to remove any content that violates this Agreement or is deemed by CureTogether, in its sole discrection, to be otherwise objectionable. Please notify CureTogether of inappropriate or illegal content.
You agree not to disclose any personally identifiable information about other members that you learn using this Site without the express consent of such member. You may disclose general, non-identifying information to third parties subject to the above restriction on non-commercial use.
9. Changes and Limits to Service
CureTogether reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge that CureTogether may establish general practices and limits concerning use of the Service, including how long content will be retained by the Service, maximum disk space on CureTogether's servers, and maximum frequency or duration for accessing the Service. You agree that CureTogether has no responsibility or liability for any deletion or failure to store any messages or other content maintained or transmitted by the Service. You also agree that CureTogether reserves the right to change these limits at any time.
10. Hyperlinks to Other Websites and Resources
The Site provides, and third parties may provide, via the Resource Wikis, comments, or other posted information, links to other sites and resources on the Internet. Because CureTogether has no control over such sites and resources, you acknowledge and agree that CureTogether is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
Your dealings with information providers or resources found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You agree that CureTogether shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Site.
11. Web 2.0 Terms
The CureTogether platform is not moderated. All members are by default considered as non medical professionals. If a health professional gives medical information as a member, his/her status as a medical professional must be identified. Members must behave at all times with respect and honesty. If postings of a member are reported to CureTogether, the member being reported may be banned, with notification from CureTogether at the time of banning. Personal data (checks and ratings for symptoms, treatments, and causes) is private, but any comments or reviews posted on CureTogether
are visible to everyone. Members can modify or erase their posted comments or reviews at any time.
Members must post information which are true and correct to their knowledge. Members are asked to give references or links to any health/medical information they provide that it is not personal experience, meaning anything the member has undergone himself/herself. Advertisement (links, banners, content, etc.) is not permitted at CureTogether, including content posted in member comments and reviews.
You agree that CureTogether may at any time, with or without cause, immediately terminate its legal agreement with you (along with your CureTogether membership) without prior notice. Possible causes leading to a termination by CureTogether of a member's membership and use of the Site include but are not limited to: (a) breach or violation of this Agreement or other incorporated agreements or guidelines, (b) CureTogether is required to do so by law, (c) a request by you (self-initiated membership cancellation), (d) unexpected technical issues or problems, (e) extended periods of inactivity, and (f) CureTogether is no longer providing the Service. CureTogether has no obligation to maintain, store, or transfer to you information or data that you have posted on or uploaded to the Site.
Membership and use of the Site is currently free. CureTogether reserves the right to from time to time change the terms of this Agreement and charge for membership and/or to provide additional optional services for a fee.
14. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (1) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SITE AND CONTENT AND SERVICES AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CURETOGETHER EXPRESSLY DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (2) CURETOGETHER DOES NOT WARRANT THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) THE ADVICE, RECOMMENDATIONS, CONCLUSIONS, AND INFORMATION POSTED OR EMAILED BY OTHER SITE MEMBERS ARE NOT IN ANY WAY APPROVED OR ENDORSED BY CURETOGETHER, AND YOU USE SUCH INFORMATION AT YOUR OWN RISK. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR YOUR CHILDREN. CURETOGETHER DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE AND, THEREFORE, CURETOGETHER SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICE.
15. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CURETOGETHER, ITS PARTNERS, CONTRIBUTORS, AGNTS, EMPLOYEES, OFFICERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CURETOGETHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICE, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; or (e) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE.
You agree to indemnify and hold harmless CureTogether, its officers, employees, agents, subsidiaries, partners, and affiliates, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
Notices to members may be made by email at the email address you provide when registering your membership (or which you later update on the Site). CureTogether may also provide notices of changes to this Agreement or other matters by displaying notices or links to notices to you generally on the Site.
18. Modifications to this Agreement
CureTogether reserves the right to modify this Agreement at any time, and without prior notice, by posting amended terms on this Site. We encourage you to review this Agreement periodically for any updates or changes. You understand and agree that if you use the Service after the date on which this Agreement has changed, CureTogether will treat your use as acceptance of the updated Agreement.
19. General Legal Terms
CureTogether, Inc., CureTogether and other CureTogether logos and product and service names are trademarks of CureTogether. Unless you have agreed otherwise in writing with CureTogether, nothing in this Agreement gives you a right to use or display any of these trademarks in any manner.
CureTogether may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
For any questions or comments, or to report violations of this agreement, contact CureTogether at:
C/O 23andMe, Inc
1390 Shorebird Way
Mountain View, CA 94043