CURE IBM

Terms and Conditions of Use INCLUDING MEDICAL ADVICE DISCLAIMER

Your use of this website and its content constitutes your agreement to be bound by these terms and conditions of use.

This website (“Cure IBM Website”) and all content, products, services, information and resources provided therein (“Cure IBM Content”) may be used only under the following Terms and Conditions of Use made between You, as the person accessing or using the Cure IBM Website or Cure IBM Content described herein (“You”) and Cure IBM, a California nonprofit corporation (“Cure IBM”). If You do not agree to these Terms and Conditions of Use and the Privacy Policy, You must immediately terminate use of the Cure IBM Website and Cure IBM Content.

1. License Grant. You are granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the Cure IBM Website and the Cure IBM Content, conditioned on Your continued acceptance of, and compliance with, these Terms and Conditions of Use, including medical and legal disclaimer, and the separate Privacy Policy. You may print Cure IBM Content for your own personal use, but you may not further publish or distribute copies without advance written permission from Cure IBM.

2. Modifications to Terms and Conditions of Use. Cure IBM reserves the right to revise these Terms and Conditions of Use at any time in its sole discretion by posting revised Terms and Conditions of Use to the Cure IBM Website. You will be responsible for regularly reviewing the Terms and Conditions of Use posted to the Cure IBM Website.

3. Privacy Policy. For information about Cure IBM’s data protection practices and Cure IBM’s use and protection of Your personal information, please read Cure IBM’s separate Privacy Policy, which is incorporated into and made a part of these Terms and Conditions of Use.

4. No Unlawful or Prohibited Use. You warrant that You will abide by all applicable local, state, national and international laws and regulations with respect to Your use of the Cure IBM Website and Cure IBM Content and not interfere with the use and enjoyment of the Cure IBM Website or Cure IBM Content by other users or with Cure IBM’s operation and management of the Cure IBM Website and Cure IBM Content. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the Cure IBM Website, including, without limitation, information required to be provided through a Cure IBM Website registration form or when accessing Cure IBM Content. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by You, Cure IBM reserves the right to terminate Your access and use of the Cure IBM Website and Cure IBM Content. You warrant that You will not impersonate any other person or entity, whether actual or fictitious, when using the Cure IBM Website or Cure IBM Content, or defame or otherwise harm any party, including Cure IBM, through Your use of the Cure IBM Website or Cure IBM Content.

5. Proprietary Rights. The Content of the Cure IBM Website includes, without limitation: (i) Cure IBM’s trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively “Cure IBM Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, resources, software applications and tools, text, images, photographs, audio and video material, and artwork. Cure IBM Content is the property of the Cure IBM, its licensors, sponsors, affiliated entities, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the Cure IBM Content, including any such notices appearing on any Cure IBM Content You are permitted to download, transmit, display, print, use or reproduce from the Cure IBM Website.

6. Cure IBM Medical and Legal Disclaimer. The Cure IBM Content is provided for informational purposes only and is not intended as medical or legal advice, or as a substitute for the medical advice of a physician or the legal advice of an attorney.

The contents of the Cure IBM website and blogs are for informational purposes only, and are not a substitute for professional medical diagnosis, treatment, or advice. You should contact a medical professional before making any personal medical decisions. Cure IBM will not respond to requests for personal advice.

Cure IBM is not responsible for any errors, omissions, or inaccuracies in the information provided by this website. Even if a statement is accurate, it may not apply to you and your specific situation. Cure IBM is not responsible or liable for any damages suffered as a result of your reliance on the information contained in this site. Cure IBM does not endorse any treatments, tests, procedures, products, physicians, or opinions discussed on this website or blogs.

Links to third party websites from Cure IBM are not an endorsement of that site, its author(s), or its content, unless specifically stated otherwise. Your use of this website is conditioned upon your agreement to the contents of this disclaimer. If you do not agree with all parts of this medical disclaimer, you must immediately stop accessing our website.

7. Third Party Content and Links. The Cure IBM Website may feature advertisements and links to third party companies. These linked sites are not under the control of Cure IBM and Cure IBM is not responsible for the content of those sites. Cure IBM provides the links to you only as a convenience. Links on the Cure IBM Website to third party companies does not imply an endorsement or association of the third party company with Cure IBM. Cure IBM makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of third party materials, information, services, products or resources. You shall be solely responsible for any correspondence or transactions You have with any third party.

8. Warranties Disclaimed. The Cure IBM Website and Cure IBM Content are provided “as is” and “as available.” Neither Cure IBM, its affiliates, subsidiaries, employees, officers, or trustees nor any of its agents, representatives, suppliers, advertisers, promotional partners, or licensors (collectively “Cure IBM Parties”) provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that: (i) the Cure IBM Website or Cure IBM Content, or any results that may be obtained by You, are complete, accurate, reliable or non-infringing; (ii) access to the Cure IBM Website or Cure IBM Content will be uninterrupted, timely, secure, or error free; (iii) the quality of any products, services, information, resources or other material purchased or obtained by You through the Cure IBM Website will meet Your expectations; or (iv) Cure IBM Content will remain unchanged or accessible on the Cure IBM Website. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property.

9. Limitation of Liability. The Cure IBM Parties shall not be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising: (i) out of the use of or inability to use the Cure IBM Website and/or any Cure IBM Content; (ii) from any interruption in the availability of the Cure IBM Website and/or Cure IBM Content; (iii) from any loss of data and/or from any equipment failure; (iv) out of the procurement of substitute goods or services resulting from any problems with the goods, content and/or services purchased or obtained from the Cure IBM Website, or transactions entered into, through or from the Cure IBM Website; (v) from unauthorized access to or alteration of Your transmissions or data; (vi) from statements or conduct of any third party on the Cure IBM Website; (vii) from any delay or failure of the Cure IBM Website arising out of causes beyond Cure IBM’s control; (viii) out of the use of, reference to, or reliance on, the Cure IBM Content; (ix) out of any third party materials, information, products, services and resources contained on, or accessed through, the Cure IBM Website; (x) out of any content, materials, accuracy of information, and/or quality of the products, services, materials or resources provided by or advertised on a third party Website; or (xi) out of any other matter relating to the Cure IBM Website or Cure IBM Content.

10. Indemnification. To the fullest extent permitted by law, You shall defend, indemnify, and hold harmless the Cure IBM Parties from and against all claims arising from or in any way related to Your use of the Cure IBM Website and/or Cure IBM Content, a violation by You of these Terms and Conditions of Use, or any other actions connected with Your use of the Cure IBM Website and/or Cure IBM Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees.

11. Term and Termination. These Terms and Conditions of Use will take effect at the time You begin using the Cure IBM Website. Cure IBM reserves the right, with or without notice, at any time and for any reason, to deny You access to the Cure IBM Website, Cure IBM Content or to any portion thereof, and to terminate these Terms and Conditions of Use.

12. Governing Law. These Terms and Conditions of Use and all matters regarding Your use of the Cure IBM Website and Cure IBM Content shall be governed by, construed in accordance with, and enforced under the laws of the State of California applicable to contracts made and executed and wholly performed in the State of California, without regard to choice of law principles.

13. Waiver and Severability. The failure of Cure IBM to exercise or enforce any right or provision in these Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

14. Complete Agreement. These Terms and Conditions of Use, together with any revisions, and any additional Terms or Conditions incorporated by reference, including, without limitation, the Privacy Policy, constitutes the entire agreement between You and the Cure IBM relating to the Cure IBM Website and Cure IBM Content and its use by You, and supersedes any previous written or oral communication regarding use of the Cure IBM Website and Cure IBM Content. The Cure IBM Website and Cure IBM Content are intended to be consistent with and in furtherance of the policies adopted by the Cure IBM.

15. Contact Information. If You have any questions or concerns regarding these Terms and Conditions of Use or the Cure IBM Website or Cure IBM Content, please visit our “Contact Us” page.

16. Use of Cure IBM Website and Cure IBM Content outside of the United States. Cure IBM makes no claims regarding access or use of the Cure IBM Website or the Cure IBM Content outside of the United States. If You use or access the Cure IBM Website or the Cure IBM Content outside of the United States, You do so at Your own risk and are responsible for compliance with the laws and regulations of Your jurisdiction as well as these Terms and Conditions of Use.

Last Update of Terms and Conditions of Use: 8/29/2017