Terms and Conditions Policy
Last Modified: July 16, 2023
Introduction
Your Acceptance
Welcome to the InstaCured User Terms. This is an agreement ("Agreement") between InstaCured Medical Group Inc. ("InstaCured"), the owner and operator of instacured.com, the InstaCured mobile application, and the InstaCured software, components, and any associated services offered (collectively the "Platform") and you ("you", "your" or "User"), a User of the Platform.
Throughout this Agreement, the words "InstaCured," "us," "we," and "our," refer to our company, InstaCured Medical Group Inc. as is appropriate in the context of the use of the words.
By clicking "I agree", accessing, or using the Platformf you agree to be bound by this Agreement and the Privacy Policy. We may amend our User Terms or the Privacy Policy and may notify you when we do so. If you do not agree to the User Terms or the Privacy Policy please cease using our Platform immediately.
PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
User Information and Accounts
Users may be required to register on the Platform before accessing portions of the Platform. Your information will be collected and disclosed in accordance with our Privacy Policy. All Users are required to provide truthful and accurate information when registering for our Platform and must be over the age of 18. We reserve the right to verify all User credentials and reject any Users where applicable. You are entirely responsible for maintaining the confidentiality of password and account and for any and all activities that occur under your account. You agree to notify InstaCured immediately of any unauthorized use of your account or any other breach of security. InstaCured will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge.
Access
After registering for our Platform, we grant you a personal, non-exclusive, revocable, limited right and access to use the Platform. Where you download any portion of the Platform we grant you a license in the same manner as the access rights granted above. Use of the Platform is only for your personal and non-commercial use. As a User, you do not receive any ownership interest in any portion of our Site, the Platform, or any of the associated services; you merely receive the aforementioned license or rights listed above. If you wish to terminate this license please notify us immediately or simply delete the application from your phone or mobile device.
Please be aware that you are responsible for your use of our Site, Service, and Platform. Additionally, you agree to abide by the following licensing restrictions listed below:
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it.
You may not share your license with any other parties.
You may not violate any laws, rules or procedures of the United States.
You may not access our Platform except through specific channels provided by us.
You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or derive income from the use or provision of the Platform, unless enabled by functionality created by us.
Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license to use our Platform at our discretion. Additionally, we may revoke or restrict your access to our Platform if we believe that your actions may harm us or any of our Users. Failure by us to revoke your license does not act as a waiver of your conduct.
Platform and Services
The InstaCured Platform allows health care providers ("Health Care Providers") to communicate with Users via our Platform to provide medical evaluations and treatment based on the subscription you have selected on the Platform. InstaCured is solely responsible for providing access to the Platform ("InstaCured Services"). Please be aware that any InstaCured Services are "as-is" and "as-available." Additionally any information or content found on our Platform, including any notifications or tools provided, are offered only for informational purposes only. Further, InstaCured does not endorse, recommend, and is not otherwise affiliated with any Health Care Providers. InstaCured has no liability to you for any content including but not limited to all User Content (defined below), Health Care Provider Content (defined below), information, copy, images, URL names, and anything else provided by any third parties using the Platform (collectively "Non-InstaCured Content"). You are solely responsible for evaluating any Non-InstaCured Content and you release us from any liability from any Non-InstaCured Content and agree that any liability arising from such Non-InstaCured Content rests solely with the third party that provided you such Non-InstaCured Content. The Non-InstaCured Content may not be screened and may contain errors or inaccuracies
Medical Disclaimer
Always use common sense when making medical decisions. If you are experiencing a medical emergency or believe that you may have a medical issue please call 911 or contact your doctor or medical professional immediately. Do not delay receiving treatment for any health or medical issues due to any information found on our Platform.
INSTACURED DOES NOT PROVIDE MEDICAL OPINIONS, CARE OR ADVICE AND DOES NOT PROVIDE FORMAL MEDICAL DIAGNOSIS, TREATMENT, OR PRESCRIPTIONS. ALL HEALTH CARE PROVIDERSS ARE DULY LICENSED MEDICAL PROFESSIONALS AND ARE SOLELY RESPONSIBLE FOR ANY HEALTH CARE PROVIDER CONTENT. ANY PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN YOU, THE USER, AND YOUR HEALTH CARE PROVIDER, IS SOLELY BETWEEN THE PARTIES AND DOES NOT INVOLVE INSTACURED. INSTACURED DOES NOT AND DOES NOT INTEND TO PROVIDE MEDICAL EVALUATION, MEDICAL SERVICES, MEDICAL OPINIONS, OR ACT IN ANY MANNER AS A PHYSICIAN, OR MEDICAL CORPORATION, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY MEDICAL SERVICES OR MEDICAL OPINIONS RENDERED BY ANY OF THE HEALTH CARE PROVIDERS ON ITS PLATFORM. To the extent permitted under applicable laws, you hereby release InstaCured from any and all claims or liabilities related to any Health Care Provider Content, any action or inaction by your Health Care Provider, including your Health Provider's failure to comply with applicable law and/or conduct, whether online or offline.
Health Care Providers
Health Care Providers listed on the InstaCured Platform are licensed medical professionals. Any opinions, advice, or information expressed by any Health Care Provider individuals are those of the individual and the individual alone and they do not reflect the opinions of InstaCured. We do not recommend or endorse any specific physicians, products, procedures, opinions, or other information that may be listed on the InstaCured Platform or by a Health Care Provider. The inclusion of Health Care Providers on the Platform does not imply recommendation or endorsement of such professional nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any professional contained therein. The relationship between Health Care Providers and InstaCured is that of independent contractors. Any contracts or agreements are solely entered by and between you and any Health Care Provider, InstaCured is not a party to any agreement entered by you with a Health Care Provider and shall have no liability to you regarding any agreement with such Health Care Provider.
You agree that you are solely responsible for interactions with Health Care Providers. To the extent permitted under applicable laws, you hereby release InstaCured from any and all claims or liabilities related to any product or services of Health Care Providers, any action or inaction by Health Care Providers, including Health Care Providers' failure to comply with applicable law and/or conduct or speech, whether online or offline. ANY INFORMATION PROVIDED BY HEALTH CARE PROVIDERS IS PROVIDED ON AN "AS-IS" BASIS AND INSTACURED DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF HEALTH CARE PROVIDERABILITY AND FITNESS FOR PARTICULAR PURPOSE. INSTACURED SHALL IN NO EVENT BE LIABLE TO YOU OR TO ANYONE FOR ANY DECISION MADE OR ACTION TAKEN BY ANY PARTY (INCLUDING, WITHOUT LIMITATION, ANY USER) IN RELIANCE ON INFORMATION ABOUT HEALTH CARE PROVIDERS ON INSTACURED. IN NO EVENT SHALL INSTACURED ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT OR DIRECT PHYSICAL (INCLUDING DEATH), PSYCHOLOGICAL, EMOTIONAL, FINANCIAL DAMAGES ARISING FROM ANY OPINIONS OR CONTENT RENDERED BY HEALTH CARE PROVIDERS. The use of InstaCured by any entity or individual to verify the credentials of Health Care Providers is prohibited.
HIPAA
In order for Health Care Providers to use the Platform and to communicate with you, both InstaCured and Health Care Providers may require access to your protected health information ("PHI") as defined under the Health Insurance Portability and Accountability Act ("HIPAA"). By using our Platform, you agree that we may collect, store, access, and transfer your PHI in order to facilitate services via the Platform. You agree that we may transfer your PHI to third parties to fulfill any services that you request. Your PHI will be used and disclosed in accordance with our Privacy Policy. If you have any questions regarding your PHI, please contact us at info@instacured.com.
Platform Ownership
You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to InstaCured and/or InstaCured's licensors and that InstaCured and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by InstaCured. You shall not sell, copy, reproduce, transfer, publish, disclose, display or otherwise make available the Platform or any portions of the Platform including any modifications, enhancements, derivatives, and other software and materials developed hereunder by InstaCured to others in violation of this Agreement. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by InstaCured. All rights not expressly granted in this Agreement are reserved for us.
Privacy Policy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Use of the Platform
When using our Platform, Users are responsible for your use. You agree to the following:
You way not copy, distribute or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated "scraping";
You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
You may not use automated bots or other software to send more messages through our Platform than humanly possible;
You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
You may not access our Platform in an attempt to build a similar or other competitive product;
You may not use the Platform in an unlawful manner;
You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
You may not violate any requirements, procedures, policies or regulations of networks connected to InstaCured;
You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
You may not interfere with or disrupt the Platform;
You may not violate any law or regulation and you solely are responsible for such violations;
You agree that you will not hold InstaCured responsible for your use of our Platform; and
You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a thirty party's website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but InstaCured reserves the right to suspend or terminate any account at any time without notice or explanation.
Health Care Provider Content
Through the Platform your Health Care Provider may be able to transmit to you information, including but not limited to data, diagnoses, prescriptions, written content, images, videos, or any other information (collectively "Health Care Provider Content"). You understand that all Health Care Provider Content may be inaccurate, unsubstantiated or possibly even incorrect. InstaCured is not responsible for any Health Care Provider Content. Further, InstaCured is not responsible for any other errors in any Health Care Provider Content displayed or any delays in displaying any Health Care Provider Content. All Health Care Provider Content is transmitted by your Health Care Provider to InstaCured and therefore your Health Care Provider is solely responsible for its content. The Health Care Provider Content provided by any Health Care Providers represents the opinions and judgments of the Health Care Provider. InstaCured neither endorses nor is responsible for the accuracy or reliability of any Health Care Provider Content including any medical opinion, advice, or statement made on or through using the InstaCured Platform. You agree that under no circumstances will InstaCured be liable for any loss or damage caused by any Health Care Provider Content or your reliance on such content. If you have any questions regarding Health Care Provider Content please contact your Health Care Provider.
User Content
Any Users ability to submit or transmit any information through the Platform, including but not limited to data, written content, images, videos, Health Care Provider Content or any other information will be referred to as "User Content" throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content and you have paid for or otherwise have permission to use any User Content submitted. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant InstaCured, its partners, affiliates, Health Care Providers, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the Platform for the duration of this Agreement. Your User Content will be shared with your Health Care Provider. Where required by US federal or state law, we may keep copies of your User Content after the termination of this Agreement. Additionally, you grant to InstaCured a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
Monitoring User Content
InstaCured shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, InstaCured shall have the right, but not the obligation, to remove any User Content that InstaCured at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available.
Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
Platform Security
InstaCured implements administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your information and all User Content. Those safeguards used or based on industry standards. Aside from such industry standard safeguards, InstaCured can make no guarantees regarding any Platform security or any User Content secured.
User Payments
User agrees to pay for all costs, fees, and taxes listed when purchasing access to the Platform including any recurring subscriptions. Where User has properly paid for a subscription we shall grant User access to the InstaCured Platform. In addition, User agrees to timely pay any and all fees as charged. User may upgrade or downgrade its subscription at any time. InstaCured uses a third party payment processor to process payments, User must agree to our third party payment processors' terms and conditions for processing payments. We reserve the right to change our third party payment processor at our discretion. All prices are listed in US Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where User has failed to pay or where payments are overdue, InstaCured may suspend or terminate User's access to the paid portions of the Platform, without liability to us.
Automatic Payment and Renewal
Where a User has purchased a subscription, User's payment information shall be logged for User's convenience. IF USER'S ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, INSTACURED MAY CHARGE USER AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS USER NOTIFIES US THAT USER WANTS TO CANCEL USER'S AUTOMATIC PAYMENT VIA USER'S ACCOUNT DASHBOARD. ADDITIONALLY, USER AUTHORIZES US TO BILL USER ON A RECURRING BASIS AND AGREES THAT USER'S SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS USER'S INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. USER AGREES THAT NO ADDITIONAL CONSENT IS REQUIRED BY USER TO CHARGE USER'S PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION SELECTED.
Subscriptions
Access to the Platform is purchased as subscriptions. The following subscription conditions and renewals shall apply to a subscription purchased.
Premium Monthly – A premium monthly subscription shall have an initial three (3) month term ("Initial Monthly Term") and shall renew monthly thereafter until terminated. Where you wish to terminate your Premium Monthly subscription during the Initial Term you shall owe all subscription fees for the Initial Monthly Term unless you are entitled to a refund subject to the Policy (defined below).
Refunds for Subscription
Refunds are subject to our refund policy ("Policy") that can be found at: www.instacured.com/refund. The Policy is subject to and integrated into this Agreement.
Taxes
Where InstaCured does not charge User taxes for any payments, User agrees to pay any and all applicable taxes. User agrees that InstaCured cannot and will not provide User with any tax advice, any such questions should be directed to User's tax attorney or other tax professional.
Pricing and Price Increases
The pricing for all paid subscriptions is listed on the InstaCured Platform or within User's account. Additionally, InstaCured may increase the price of any paid subscriptions or InstaCured fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, InstaCured shall notify User will have the chance to accept or reject any price increase. Please notify us if User intends to reject a price increase. Where User has rejected a price increase this Agreement may be terminated immediately at our discretion. User agrees that InstaCured has no obligation to offer any services for the price originally offered to User at sign up.
Free Trials
InstaCured may offer the Platform on a free trial basis. InstaCured reserves the right to discontinue or modify any free trials at any time and without liability. Where User has signed up for a free trial, User agrees at the expiration of User's free trial User may be automatically charged for any additional usage of the Platform.
User Account Holds
From time to time, InstaCured may place a hold ("Hold") on a User's account. Some of the reasons that we may place a Hold on User's account include but are not limited to the following: (1) if we have reason that User's actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User's account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User's access to the Platform while such Hold is in place.
Termination of Subscription
User may cancel its subscription at any time via User's InstaCured dashboard or contacting us at info@instacured.com. Please be aware that upon termination of User's account, access to all or portions of our Platform may be immediately disabled to User, and any User Content stored may not be retained. We may terminate User's subscription if we determine that: (1) User has violated any applicable laws while using our Platform; (2) if User has violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of User's past, current, or future actions may legally harm InstaCured, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide User with a timely explanation; however, we are not required to do so.
Intellectual Property
The name "InstaCured", the InstaCured Platform along with the design of the InstaCured Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to InstaCured, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. InstaCured reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution anything contained within the Platform unless we have given express written permission.
Idea Submission
InstaCured or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to InstaCured. The sole purpose of this policy is to avoid potential misunderstandings or disputes when InstaCured's products might seem similar to ideas you submitted to InstaCured. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of InstaCured, without any compensation to you; (2) InstaCured may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for InstaCured to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER INSTACURED, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY INSTACURED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO INSTACURED, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. INSTACURED DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. INSTACURED DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. INSTACURED DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND INSTACURED SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability
IN NO EVENT SHALL INSTACURED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE INSTACURED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY INSTACURED'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED USD OR THE TOTAL AMOUNT YOU HAVE PAID TO ACCESS THE PLATFORM WITHIN THE PAST SIX (6) MONTHS.
Indemnity
You agree to defend, indemnify and hold harmless InstaCured, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the InstaCured Platform;
your violation of any term of this Agreement; or
your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the InstaCured Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Copyrights
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
Your name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our Platform of the infringing copy.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of InstaCured, info@instacured.com or InstaCured 402 West Broadway #400, San Diego, 92101, United States of America
Counter Notice
In the event that you receive a notification from InstaCured stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
Your name, address, email and physical or electronic signature.
The notification reference number (if applicable).
Identification of the material and its location before it was removed.
A statement under penalty of perjury that the material was removed by mistake or misidentification.
Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in the state of California.
Disputes
Any dispute relating in any way to this Agreement or your use of the Platform shall be submitted to confidential arbitration in Fresno, California. Arbitration under this Agreement shall be conducted pursuant to the applicable rules that can be found at https://www.adr.org/Rules ("Rules") under the American Arbitration Association ("AAA"). Any User shall be subject to the AAA Consumer Rules. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically, in written briefs, or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for non-payment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Fresno County, California.
Opt-Out
You may opt-out of this dispute resolution provision by notifying InstaCured within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to InstaCured Medical Group Inc. 402 West Broadway #400, San Diego, 92101, United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with InstaCured through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Fresno County, California.
Class Action Waiver
You and InstaCured agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with InstaCured are deemed to conflict with each other's operation, InstaCured shall have the sole right to elect which provision remains in force.
Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Payment, Indemnification, and Arbitration sections.
Termination
You may cancel your access to the Platform or any recurring payments at any time via your InstaCured dashboard or contacting us at info@instacured.com. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm InstaCured, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Entire Agreement
This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to InstaCured at InstaCured Medical Group Inc. 402 West Broadway #400, San Diego, 92101, United States of America, delivery confirmation required. Any notices to User shall be delivered either electronically via email to User's account or to the address listed within User's account.
Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and our Platform.
Electronic Communications
The communications between you and InstaCured use electronic means, whether you visit the Platform or send InstaCured e-mails, or whether InstaCured posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from InstaCured in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that InstaCured provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Export Controls
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at info@instacured.com.
California Users Notice
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about InstaCured must be sent to our agent for notice to: info@instacured.com or InstaCured Medical Group Inc. 402 West Broadway #400, San Diego, 92101
Lastly, California Health Care Providers are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Arizona Users Notice
Pursuant to Arizona law, any questions about pricing, complaints, or inquiries about InstaCured must be sent to our agent for notice to: info@instacured.com or InstaCured Medical Group Inc. 402 West Broadway #400, San Diego, CA 92101.
Lastly, a consumer complaint can be filed with the Attorney General's office of the State of Arizona at https://www.azag.gov/consumer. To request a complaint form, call 602-542-5763 (Phoenix), 520-628-6648 (Tuscon), or toll-free 800-352-8431.