Last Updated: June 16, 2025
Please read these Terms of Use carefully before our services. If you do not agree with these Terms, do not use the Services.
Welcome to Curable Inc. (“Curable”, “we”, or “us”). We provide content and products through our websites, software applications, social media pages, and other online services (collectively, the “Services”) and the resources and information located on the Services (“Content”). Certain Services offer users the opportunity to participate in online and virtual group discussions, lectures, question and answer sessions, and coaching sessions facilitated by Curable representatives (collectively, “Virtual Programs”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (https://curablehealth.com/privacy) carefully because they govern your use of the Services.
THE SERVICES AND ALL CONTENT PROVIDED ON THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY. WE CANNOT AND DO NOT DIAGNOSE OR TREAT YOUR HEALTH CONDITIONS. THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL OR MEDICAL ADVICE. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER TO DIAGNOSE AND TREAT YOUR HEALTH CONDITIONS. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND WE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Acceptance of Terms; Applicability of Terms
By using the Services, you consent and agree to these Terms and to our Privacy Policy (https://www.curablehealth.com/privacy), which is incorporated into and made a part of these Terms.
These Terms are a binding legal agreement between you and Curable. If you have been authorized to, and are helping another person use our Services, these Terms constitute a legally binding agreement among you, the person being helped and Curable. Your access to, and use of the Services requires you to accept and comply with these Terms. These Terms apply to all users of the Services, including those who contribute content, information, and other materials to the Services.
If you accept these Terms, but later decide to revoke your acceptance, contact Customer Support at support@curablehealth.com, and we will verify and complete your request.
2. Our Services
In order to receive our Services, you must register as described in the “Registration” section below. The Services are available only to individuals who are at least 18 years old. You represent and warrant that you have the legal ability to enter into a binding contract, are at least 18 years old, and all registration information you submit is accurate and truthful. Curable may, in its sole discretion, refuse to provide the Services to any person or change eligibility criteria at any time for any reason. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Our Services provide information and content related to wellness, health, and lifestyle. We encourage you to consult with your healthcare provider before using the Services. You represent that you are in good enough health to interact with the Services. The Services require your active engagement and participation. You understand that, despite your efforts, your results may vary from the results of other users and Curable cannot and does not guarantee that you will achieve your health or lifestyle goals.
3. No Medical Advice
OUR SERVICES AND ALL CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. WE DO NOT PROVIDE MEDICAL TREATMENT. RATHER, THE SERVICES ENABLE USERS TO ACCESS WEB-BASED HEALTH AND WELLNESS EDUCATION, CONTENT AND RESOURCES. RELIANCE ON ANY INFORMATION PROVIDED BY OR ON BEHALF OF CURABLE, CURABLE EMPLOYEES, CONSULTANTS, OR OTHER VISITORS OR USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
Certain Services, including but not limited to Virtual Programs, may give registered users access to our employees, consultants, and other representatives, including facilitators and licensed and non-licensed professionals (collectively, “Curable Representatives”), who, with your consent, may communicate with you live, or by web, telephone, video conferencing, SMS/text, or email. Our social media pages include groups, communities, and conversation threads (collectively, “Social Media Pages”) that offer users the opportunity to participate in online group discussions, online communities, and question and answer sessions. Social Media Pages may be unfacilitated or may be facilitated by Curable Representatives. Regardless of how you interact with the Services, Curable Representatives provide only educational services and resources, and do NOT provide medical care, medical advice, patient-specific recommendations, diagnosis, or treatment.
Curable does not employ or contract with physicians to provide medical care to you. Curable does not offer medical advice, diagnosis, or treatment or engage in the practice of medicine or the provision of medical devices. Only your physician or other healthcare provider can do that. You should not change your treatment or care plan, medication, or therapy based on information, advice, or materials you receive through the Services or from Curable Representatives. Use of our Services and consultation with Curable Representatives are supplemental to any treatment or care provided by your physician or other healthcare provider and do not replace regular medical visits with your physician or other healthcare provider. Always seek the advice of your physician or other qualified healthcare provider with any questions regarding your medical condition or the use (or frequency) of any treatment, medication, or medical device. Never disregard professional medical advice or delay in seeking it because of something you have read, viewed, or heard in connection with our Services. To the extent you receive medical care, all diagnosis and treatment by any medical professional is separate from and unrelated to the Services provided by Curable.
If you have an existing mental health condition, you should speak with your physician or other healthcare provider before starting use of any of our Services.
4. Clinicians – HIPAA Compliance
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) does not apply to Curable. If you participate in the Curable Clinicians program, YOU ARE SOLELY RESPONSIBLE FOR MEETING YOUR HIPAA OBLIGATIONS. DO NOT SEND ANY OF YOUR PATIENTS' MEDICAL INFORMATION TO CURABLE.
5. No Emergency Services
THE SERVICES ARE FOR NON-MEDICAL AND NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY OR OTHER MEDICAL CARE THROUGH THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR MEDICAL CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM.
THE SERVICES DO NOT SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.
If we believe a life-threatening emergency exists involving any user of our Services, we may, but are not obligated to, take such actions as we in our sole discretion determine to be reasonable, necessary, or appropriate, including contacting such law enforcement, hospital, and/or medical personnel (“Emergency Responders”) as we in our sole discretion determine to be appropriate, and providing your personal information to such Emergency Responders. You understand and agree that if we secure or attempt to secure Emergency Responders for you, you, and not Curable or any of our affiliates or representatives, will be solely responsible for payment of any and all medical services rendered in connection with any treatment arising therefrom. You further understand and agree that Curable may, but has no obligation to, monitor any of the Services or any user communications made on or through any of the Services or any Social Media Pages (including but not limited to communications through Virtual Programs and comments and posts made in any Social Media Page), and that Curable has no obligation to contact any Emergency Responders under any circumstances. Curable shall have no liability of any nature whatsoever for monitoring or not monitoring the Services or any user communications on or through any Services or any of our Social Media Pages, or for contacting or not contacting Emergency Responders or any other authorities under any circumstances.
6. Privacy and Your Personal Information
Curable’s current privacy policy is located at https://www.curablehealth.com/privacy (the “Privacy Policy”) and is expressly incorporated into these Terms. The Privacy Policy governs the collection, use, processing, and disclosure of your personal information submitted on or through the Services. By using the Services and agreeing to these Terms, you agree to the terms of the Privacy Policy and consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy.
BY USING THE SERVICES, YOU AGREE TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES AS DESCRIBED IN OUR PRIVACY POLICY. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT THE UNITED STATES MAY NOT HAVE THE SAME LEVEL OF PROTECTIONS FOR YOUR PERSONAL INFORMATION THAT EXIST IN YOUR COUNTRY OF RESIDENCE, AND YOU NONETHELESS CONSENT TO THE PROCESSING AND STORAGE OF YOUR PERSONAL INFORMATION IN THE UNITED STATES.
7. Rules and Conduct
Our community guidelines for the conduct of users in Virtual Programs (“Curable Virtual Programs Code of Conduct”), form an integral part of these Terms. By booking and attending a Virtual Program session you agree to adhere to and be bound by the applicable Curable Virtual Programs Code of Conduct which may be updated by Curable from time to time and can be accessed in its current form here. You must comply with the Curable Virtual Programs Code of Conduct at all times. Curable is not responsible for the conduct of other users taking part in Virtual Program Services. Without limiting the foregoing, you (i) shall not share or disclose the personal information of another user without that user’s permission, and (ii) shall not use for any improper or unlawful purpose any personal information of another user.
As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by these Terms or by applicable law. The Services are provided only for your own personal, noncommercial, limited use in accordance with these Terms. You are solely responsible for your activity in connection with the Services.
By way of example, and not limitation, you shall not directly or indirectly (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content on or through the Services that: infringes any patent, trademark, trade secret, copyright, other intellectual property right, right of publicity, or other right of Curable or any other person or entity; is unlawful, threatening, abusive, harassing, defamatory, libelous, slanderous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, chain letters, or bulk e-mail (“spamming”); involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; contains or distributes software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Curable or any third party; impersonates any person or entity, including any employee or representative of Curable; or in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose Curable or others to any harm or liability of any type.
Additionally, you shall not: (a) take any action that imposes or may impose (as determined by Curable in its sole discretion) an unreasonable or disproportionately large load on Curable’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (c) bypass any measures Curable may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services.
You shall not directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
Although we are not obligated to monitor access to or use of the Services or to review or edit any user-created content on the Services, we have the right to do so at any time and for any reason without notice. Curable reserves the right to, without prior notice, remove any user-created content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if Curable is concerned that you may have violated these Terms), and to delete any user’s account or suspend or terminate a user’s subscription or access to any Services upon any fraud or breach or suspected breach of these Terms. Curable shall have no liability or responsibility to users of the Services or any other person or entity for performance or nonperformance of the foregoing activities.
8. Registration; Computer Equipment and Internet Services; Consent to Receive Email/Phone Communications
As a condition to using certain aspects of the Services, you will be required to register with Curable and select a password and screen name (“Screen Name”). You shall not (a) select or use as a Screen Name with the intent to impersonate any other person; (b) use as a Screen Name a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Screen Name a name that is otherwise improper, offensive, vulgar, or obscene. Curable reserves the right to refuse registration of or cancel a Screen Name for any reason in its sole discretion. You are solely responsible for choosing your Screen Name and for activity that occurs on your account. Additionally, you are solely responsible for maintaining the confidentiality of the password to your account. You shall never use another user’s account. You will immediately notify Curable in writing of any unauthorized use of your account, or other account-related security breach of which you become aware.
As a condition of using certain aspects of the Services, you may be required to or asked to provide Curable with your email address and phone number as part of registration. Our use of your contact information to communicate with you is subject to the terms of our Privacy Policy.
You are responsible for obtaining, installing, maintaining, and operating all software, hardware, and other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice. This responsibility includes, without limitation, your utilizing current versions of web browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. You acknowledge that there are security, corruption, transmission error, and access availability risks associated with using open networks such as the Internet, and you hereby expressly assume such risks. You acknowledge that you are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems. You acknowledge that you have requested access to the Services for your convenience, have made your own independent assessment of the adequacy of the Internet and Systems, and that you are satisfied with that assessment. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or the Systems.
WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA EMAIL OR TEXT OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
9. Fees and Payment
Curable requires payment of fees for certain features of the Services. Should you purchase or subscribe to such features, you must pay all fees associated with those features. When you sign up for a subscription, you will pay up front for the initial term and the subscription will automatically renew for another term upon expiration of the initial term unless the subscription is cancelled by you (a “Recurring Subscription”). You consent to these recurring charges and authorize us to make them. Curable reserves the right to change its prices and to institute charges at any time upon prior notice to you.
Any discount or promotion code or offer provided by Curable may not be used in conjunction with any other promotion code or offer, past or present. You may be made a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each a “Promotional Offer”). Additional terms specific to each Promotional Offer will be as described in the particular offer (“Offer Terms”). Unless otherwise set forth in the Offer Terms, Promotional Offers will apply to the initial period of the Recurring Subscription, and any renewals will be subject to the pricing in effect at the time of renewal for the type of Recurring Subscription purchased. You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to Curable or enrolled in a Promotional Offer. If the Offer Terms state that an offer is available only to past subscribers, you must have been a subscriber to Curable and allowed your subscription to expire before the date stated in the Offer Terms. Curable reserves the right, in its discretion, to determine your Promotional Offer eligibility, and to modify or cancel a Promotional Offer at any time. Promotional Offers may only be claimed through our website by any advertised expiration date.
You may purchase a “lifetime” subscription for a certain subscription type to access the Services contained in said subscription type for the remaining lifetime of Curable, which may not necessarily be the remainder of your lifetime. The Services may evolve over time and the features available when you enroll in a lifetime subscription may not always be part of the subscription type in question. Curable may also launch new Services in the future that are not part of the subscription type in question and therefore outside of your lifetime subscription. Any lifetime subscription you purchase is personal to you and may not be transferred, licensed, or sold.
If (a) you cancel a booked Virtual Program session less than twenty-four (24) hours before its scheduled starting time, or (b) you do not attend a Virtual Program session in whole or in part, Curable reserves the right to charge a monetary fee to your User Account (“Cancellation Fee”). You will be provided prior notice of potential Cancellation Fees. In either case, you are free to dispute whether Curable has incurred any loss or whether the compensation you owe is reasonable in relation to such loss. Curable reserves the right to claim further damages.
10. Gifting
“Gift Subscriptions” are pre-paid memberships to the Services. A person who purchases the gift is referred to in these Terms as the “Giftor.” A person who receives and redeems a Gift Subscription to the Services is referred to in these Terms as the “Recipient.” Gift Subscriptions are paid for in a one-off upfront payment. Once bought, the Giftor will receive an order confirmation. The Gift Subscription will be sent to the Recipient on the Giftor’s specified date. We will automatically bill the payment method the Giftor provides for any purchased Gift Subscriptions at the time of purchase, not delivery. There are no refunds or other credits for Gift Subscriptions that are not redeemed. We are not responsible if a Gift Subscription is lost, stolen, or used without permission. Gift subscriptions and the Recipients are subject to these Terms. Gift subscriptions may be cancelled consistent with these Terms.
11. Third-Party Sites and Materials
The Services may allow you to display, use, include or make available content, data, information, applications, or materials from third parties (“Third Party Materials”), or the Services may provide links to certain third-party websites (“Third Party Websites”).
When you use Third Party Materials or access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third Party Materials and Third Party Websites and their content and performance are not under Curable’s control. Third Party Materials and Third Party Websites are for convenience only and all statements and opinions expressed in Third Party Materials or Third Party Websites are solely the opinions and the responsibility of the person or entity providing those materials. The inclusion of any such Third Party Materials or Third Party Websites in the Services does not imply endorsement or a recommendation by Curable of such Third Party Materials or Third Party Websites or any affiliation or association with any provider of Third Party Materials or Third Party Websites (each, a “Third Party Service Provider”). Curable does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties. You expressly understand and agree that your use of Social Media Pages constitutes use of a Third Party Website, that such use is subject to those Social Media Pages’ terms of use, privacy policy, data retention, and data sharing policies, which are not controlled by Curable. Curable shall have no liability with respect to any Third Party Website or your use thereof.
Third Party Service Providers may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third Party Service Provider’s privacy policy and/or terms of use, you should not use the related third party services. For more information about third parties and your information collected by the Services, please see our Privacy Policy (https://www.curablehealth.com/privacy).
CURABLE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ALL THIRD PARTY SERVICE PROVIDERS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, CONTENT, FUNCTIONS, ACCURACY, LEGALITY, APPROPRIATENESS, SERVICES, MATERIALS, POLICIES, PRACTICES, OR ANY OTHER ASPECT OF SUCH THIRD PARTY SERVICE PROVIDERS OR FOUND THROUGH THE USE OF ANY THIRD PARTY WEBSITES THAT LINK TO OR FROM THE SERVICES OR ARE OTHERWISE REFERENCED IN THE SERVICES.
CURABLE HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR PERSONAL OR OTHER INFORMATION COLLECTED OR USED BY ANY THIRD PARTY SERVICE PROVIDER. BY ACCESSING, DOWNLOADING, REGISTERING FOR, OR USING THE SERVICES, YOU AGREE THAT CURABLE HAS AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS, OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY OTHER USERS OF THE SERVICES OR ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES.
12. Intellectual Property
The Services and the Content are protected under United States and international intellectual property, copyright, trademark, patent, trade secret, and other laws. The Services and the Content are the sole property of Curable (or our affiliates and/or licensors, where applicable). Subject to your compliance with these Terms, Curable grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited right and license to use our Services in accordance with these Terms for personal, noncommercial purposes. All rights in and to the Services not expressly granted in these Terms are hereby reserved and retained by Curable (or our affiliates and/or licensors, where applicable).
You agree to abide by all copyright notices, limitations, obligations, restrictions, and special rules contained in any Content, which notices, limitations, obligations, restrictions, and special rules are incorporated herein by reference. The Services shall not be used except as provided in these Terms. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content, third party content or other proprietary rights not owned by you.
You may, to the extent the Services authorize you to do so, download or copy the Content for personal, noncommercial use only in accordance with and subject to these Terms, provided that you maintain without altering or obscuring all copyright, trademark, and other notices contained in the Content. You shall not store any significant portion of the Content in any form. Copying, using, or storing Content for use other than personal, noncommercial use in accordance with these Terms is expressly prohibited without prior written permission from Curable, or from the copyright holder identified in the Content’s copyright notice. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Curable be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content.
You may use any educational material provided by Curable and/or a Curable Representative in connection with Virtual Programs solely for personal learning, preparation and follow-up, and for personal informational purposes. You may not duplicate, process, distribute, or publicly reproduce any educational material without Curable’s prior written consent. You must not (and must not permit any third party to) make any video and/or audio recordings of Virtual Program sessions.
Curable’s trademarks, including but not limited to Curable Health, Curable, Curable Classes, Curable Groups, Curable Talks, Curable Replays, Curable Live, Curable Community, Like Mind Like Body, Curable Coaching, Curable Clinicians and Curable’s logos, product and service names, slogans, and the look and feel of the Services (the “Curable Marks”) may not be copied, imitated or used, in whole or in part, without Curable’s prior written permission. The absence of a trademark from this list does not constitute a waiver of Curable’s intellectual property rights concerning that trademark. Other trademarks, service marks, graphics, and logos appearing on the Services may be the property of third parties (the “Third Party Marks”). Neither your use of the Services nor these Terms grant you any right, title, or interest in or to, or any license to reproduce or otherwise use, the Curable Marks or any Third Party Marks. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Curable.
If you believe any materials accessible on or from the Curable website or other Services infringe your copyright, you may request removal of those materials (or access to them) from the Curable website or other Services by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, as amended (17 U.S.C. § 512) (“DMCA”), the written notice must include substantially the following:
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive such notices is:
Curable Inc.
Attention: Copyright Officer
201 Milwaukee Street
Denver, CO 80206
support@curablehealth.com
13. User Submissions
The Services may provide you with the ability to send, create, upload, submit (through our Services or through third-party websites, software or tools), disclose, distribute, or otherwise post (hereafter, “posting”) content including personal information, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship, and other information, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections in the Services (collectively, “User Submissions”). Such User Submissions may be made in private communications with us using, e.g., chatbots, email, text messages, or phone calls (each a “Private Communication”), or in public communications with us, such as through Virtual Programs, Social Media Pages, or other public forums such as online message boards, chats, product review pages, or other forums (each a “Public Communication”).
You represent and warrant to us that you own or control all rights in and to your User Submissions, have the legal right to post such User Submissions, and that doing so will not violate any law or infringe upon or violate the rights of any person or entity. Curable may delete any user’s account or suspend or terminate a user’s subscription or access to any Services upon any fraud or breach or suspected breach of these Terms relating to User Submissions. Curable may save, monitor or disclose in accordance with our Privacy Policy any User Submissions. By accepting these Terms, you consent to any such saving, monitoring or disclosure.
Private Communications will not be shared by Curable with third parties except in compliance with our current Privacy Policy found here (https://www.curablehealth.com/privacy), or with your consent. You understand that Curable shall have the right, but not the obligation, to record or monitor for quality assurance and training purposes all telephonic, e-mail, and other forms of private communication you have with us. By accepting these Terms, you consent to any such recording or monitoring.
Public Communications are considered public, non-confidential, and non-proprietary. By posting, creating, and disclosing Public Communications, you hereby irrevocably and unconditionally assign to us all right, title, and interest in and to any such Public Communications (including, without limitation, any modifications, reproductions, or derivative works thereof), and Public Communications that you supply to us through the Services shall be deemed and shall remain our property. To the extent such an assignment is not permitted by applicable law, you hereby grant to Curable and its licensees, successors, and assigns a perpetual, non-exclusive, worldwide, royalty-free, irrevocable right and license to use, copy, print, display, reproduce, modify, publish, post, transmit, perform, distribute, prepare derivative works of, incorporate into other works, and otherwise exploit such Public Communications for any purpose (including, without limitation, commercial, publicity, trade, promotion, or advertising purposes), with the right to sublicense.
Curable is not and shall not be liable or responsible for the appropriateness, legality, reliability, or accuracy of any Public Communications, for any errors or omissions therein, or otherwise with respect to any Public Communications. Curable cannot and does not guarantee the identity of any other users with whom you may interact while using the Services. Curable does not endorse or recommend and has no control over any Public Communications. Curable cannot and does not guarantee the authenticity of any data which users may provide about themselves. Your sharing or disclosure of Public Communications and your use of others’ Public Communications is at your own risk.
Curable has the right but no obligation to monitor Public Communications. Curable may remove any Public Communication without notice at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Public Communications or in order to comply with applicable laws), or for no reason at all. Without limiting the foregoing, in Social Media Pages that are facilitated by a Curable Representative, Curable has the right but not the obligation to delete Public Communications that violate the guidelines of any Social Media platform, our Terms of Use, or applicable law, as determined by Curable in its sole discretion.
14. Termination
Curable may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use any Services or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
If you wish to terminate your account, you may do so by following the instructions on the Services or by emailing us at support@curablehealth.com. Any fees paid for the Services are non-refundable and no credits will apply for any prorated subscription periods except as required by law. Cancellation of monthly subscriptions will be effective as of the end of the monthly period in which the cancellation occurs. Cancellation of annual subscriptions will be effective as of the end of the annual period in which the cancellation occurs. All provisions of these Terms which by their nature should survive termination of your account and/or termination or expiration of these Terms shall survive such termination or expiration, including, without limitation, dispute resolution, ownership and intellectual property provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Warranty Disclaimer
Notwithstanding anything to the contrary elsewhere in these Terms, Curable has no special relationship with or fiduciary duty to you, your heirs, personal representatives, successors, or assigns. UNLESS EXPRESSLY STATED OTHERWISE IN THESE TERMS, THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, CURABLE, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, CONTENT PROVIDERS, AND OTHER PERSONS ASSOCIATED WITH CURABLE, DO NOT WARRANT: (A) THAT THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) THAT THE SERVICES WILL BE ACCURATE OR FREE FROM ERRORS OR DEFECTS OR THAT ANY INACCURACIES, DEFECTS, OR ERRORS WILL BE CORRECTED; (C) THAT THE SERVICES OR ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MATERIAL; (D) TO THE RELIABILITY, COMPLETENESS, CURRENTNESS, OR SUITABILITY FOR ANY PURPOSE OF THE SERVICES OR THE CONTENT OR ANY OTHER MATERIALS OR COMMUNICATIONS PROVIDED BY OR THROUGH THE SERVICES; OR (E) THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR THE STATED PURPOSE OR PROVIDE ANY HEALTH, BEHAVIORAL, OR THERAPEUTIC BENEFIT. YOUR USE OF THE SERVICES AND THE CONTENT IS SOLELY AT YOUR OWN RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Indemnification
You shall defend, indemnify, and hold harmless Curable, our affiliates and each of our and our affiliates’ respective employees, contractors, owners, directors, officers, licensors, suppliers, representatives, successors, and assigns from all liabilities, claims, judgments, awards, losses, damages, penalties, costs, and expenses, including reasonable attorneys’ fees and costs, that arise from or relate to: (a) your use or misuse of, or access to, any of the Services, Content, or otherwise from your User Submissions or other materials or data you submit on or through the Services; (b) your breach of these Terms; (c) your fraud or your violation or alleged violation of any applicable federal, state, or local laws, rules and/or regulations; or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Curable reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Curable in asserting any available defenses.
In addition, if you are a clinician who uses a Curable clinician account to refer your patients to us, you agree to defend, indemnify, and hold harmless Curable, our affiliates and each of our and our affiliates’ respective employees, contractors, owners, directors, officers, licensors, suppliers, representatives, successors, and assigns from all liabilities, claims, judgments, awards, losses, damages, penalties, costs, and expenses, including reasonable attorneys’ fees and costs, that arise from your referral and/or your patient’s use of the Services.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CURABLE, ITS AFFILIATES, NOR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, LICENSORS, CONTENT PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO OR RESULTING FROM THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT OR USER SUBMISSIONS), INCLUDING, WITHOUT LIMITATION, FOR ANY: (A) LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR RELIANCE ON THE SERVICES; (D) CLAIMS FOR PERSONAL INJURY, INCLUDING DEATH; OR (E) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-THOUSAND U.S. DOLLARS ($1000.00). YOU WAIVE THE PROVISION OF ANY STATE OR LOCAL LAWS THAT LIMIT OR PROHIBIT SUCH A GENERAL RELEASE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF A PHYSICIAN OR OTHER LICENSED HEALTH CARE PROVIDER ARISING FROM OR RELATED TO MEDICAL SERVICES YOU MAY RECEIVE. WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY LICENSED MEDICAL PROFESSIONAL OR ANY OTHER PARTY.
IN ADDITION, IF YOU ARE A CLINICIAN WHO USES A CURABLE CLINICIAN ACCOUNT TO REFER YOUR PATIENTS TO US, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE FULL RESPONSIBILITY FOR THE MEDICAL CARE OF YOUR PATIENTS, THAT WE CANNOT AND DO NOT DIAGNOSE OR TREAT ANY HEALTH CONDITIONS, AND THAT WE SHALL NOT BE LIABLE FOR ANY INJURY OR OTHER DAMAGE TO YOUR PATIENTS.
When using the Services, information will be transmitted over the Internet, which is beyond the control and jurisdiction of Curable and/or its vendors. Curable assumes no liability whatsoever for or relating to any delay, unintended disclosure, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
18. International Use
Curable makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.
19. Governing Law
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of law rules, and the United States of America.
20. Dispute Resolution
ANY CLAIM OR CAUSE OF ACTION RELATING TO, ARISING UNDER OR OUT OF YOUR USE OF THE SERVICES, INCLUDING ANY PURCHASES OR SUBSCRIPTIONS, OUR PRIVACY POLICY, OR THESE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
BOTH YOU AND WE AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND US REGARDING THE SERVICES, OUR PRIVACY POLICY, THESE TERMS, OR OTHERWISE THROUGH BINDING INDIVIDUAL ARBITRATION AS FURTHER PROVIDED BELOW. BINDING INDIVIDUAL ARBITRATION MEANS THAT YOU AND WE ARE WAIVING THE RIGHT TO A JURY TRIAL, THE RIGHT TO HAVE OUR DISPUTE HEARD IN COURT, AND TO PARTICIPATE IN A CLASS ACTION.
There is no judge or jury in arbitration, and court review of an arbitration award is limited pursuant to applicable law. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must enforce these Terms as a court would. For the avoidance of doubt, an arbitrator can award public injunctive relief if authorized by law and warranted by the individual claim(s).
The following rules and procedures shall apply to an arbitration between us:
• Any arbitration will be administered by New Era ADR, Inc. (“New Era”) in accordance with its Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by these Terms and Conditions. New Era’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/.
• The arbitrator shall be selected pursuant to New Era’s standard rank and strike process, as set forth in New Era’s General Rules and Procedures.
• Unless applicable law provides otherwise, the arbitration proceeding and all records pertaining to it — including any documents prepared or produced in connection with the arbitration proceeding, as well as the hearing and the arbitration award — will be confidential and shall not be disclosed to any third party, except as necessary to obtain court confirmation of the arbitration award.
A party who wishes to commence arbitration must submit a Demand for Arbitration and a copy of these Terms to New Era at app.neweraadr.com and must also give notice to the other party. If the notice is being sent to us, it must be emailed to support@curablehealth.com. If the notice is being sent to you, it will be sent to the email address associated with the Services.
If you commence an arbitration in accordance with these Terms, you will be required to pay $250 toward New Era’s arbitration initiation fee. You will not be responsible for paying any fees for the arbitration other than the filing fee; all other fees or expenses charged by New Era will be paid by us (unless the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose). Further, if New Era determines that you are unable to pay any part of the filing fee, we will pay that part too.
You are responsible for your own attorneys’ fees; we will not pay any attorneys’ fees unless ordered to do so by the arbitrator. For the avoidance of doubt, in cases where a statute gives you the right to recover attorneys’ fees if you prevail, the arbitrator may award attorneys’ fees pursuant to that statute.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable. This arbitration agreement is intended to be broadly interpreted and will survive termination of these Terms. Any dispute regarding arbitrability of a dispute or of this agreement to arbitrate shall be decided by the arbitrator.
Both you and we waive the right to bring any dispute regarding your use of the Services, including any purchases or subscriptions, our Privacy Policy, or these Terms as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action brought by anyone else concerning any such dispute.
Notwithstanding any provision in New Era’s rules and procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding. If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the entirety of the dispute resolution procedure contained in these Terms will be null and void.
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver contained in these Terms and Conditions by doing the following: within 15 days of first accessing the Services, you must send a letter to Curable Inc., 201 Milwaukee Street, Denver, Colorado, 80206 that specifies (i) your name, (ii) the email address associated with the Services, (iii) your mailing address, and (iv) your request to be excluded from the final, binding arbitration procedure and the class action waiver contained in these Terms. All other provisions of these Terms shall continue to apply to you and your Account. You are not required to send the letter by certified mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will be effective and enforceable only if you can prove that the request was postmarked within the applicable 15-day period.
If the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us may be commenced only in a federal or state court located within Cook County, Illinois, and you and we each consent to the jurisdiction of those courts for such purposes.
Notwithstanding anything herein to the contrary, you may bring a claim against us in small claims court or its equivalent in the jurisdiction where you are located, if you are located in the United States.
21. Integration and Severability
These Terms, the Privacy Policy, and any other policy or agreement referenced herein, constitute the entire agreement between you and Curable with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Curable with respect to the Services. In entering into these Terms, you agree that you are not relying on any representation made by Curable that is not contained in these Terms. If any provision of these Terms is found to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right or remedy provided for herein shall not be deemed a waiver of any further rights or remedies hereunder.
22. Miscellaneous
Curable shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Curable’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Curable’s prior written consent. Curable may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. Our licensors may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms except, if applicable, a party to an applicable benefit agreement. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service, to your most recent address or email address provided to Curable, or to Curable at:
Curable Inc., 201 Milwaukee Street, Denver, Colorado 80206, support@curablehealth.com
23. Changes to Terms
We reserve the right, at our discretion, to modify, replace, update, or change any of these Terms or modify, replace, update, upgrade, change, suspend, delete, or discontinue the Services or any portion of the Services (including without limitation, the availability of any feature, database, or content) at any time and for any reason. Curable shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will notify registered users by e-mail, post a notice on our home page, and/or alert you to such changes by other similar means. You may opt out of any remaining subscription without penalty if you decline to accept the revised terms. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to and accept all such revisions.
24. Access to Content
Unless expressly stated to you otherwise, Curable has no responsibility to maintain the availability of any specific Content and Content may change over time. Curable will use reasonable efforts to host any Content to which you purchased permanent access. If Curable cannot continue to host such Content, we will provide you with notice of the same and inform you about any available remedies. You are aware and acknowledge that access to the Services on your end depends on third-party products and services (e.g. Internet access), which Curable cannot guarantee. Curable will not be liable for any deficiencies in your Internet connections or Systems.
25. Contact
You may contact Curable at the following address: Curable Inc., 201 Milwaukee Street, Denver, Colorado, 80206, support@curablehealth.com.