Terms and Conditions

AMONG OTHER ACTIVITIES, CURITARX’S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A LICENSED HEALTH CARE PROVIDER. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN NOR IS ANY PHYSICIAN-PATIENT RELATIONSHIP CREATED BETWEEN YOU AND CURITARX OR ANY EMPLOYEE, CONTRACTOR, OR OTHER REPRESENTATIVE OF CURITARX. CURITARX DOES NOT PROVIDE MEDICAL SERVICES. MEDICAL SERVICES ARE PROVIDED THROUGH A CONTRACTED NETWORK OF PHYSICIANS LICENSED IN THE STATE WHERE YOU RESIDE.

THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR MENTAL HEALTH CRISIS, CALL YOUR DOCTOR OR 911 IMMEDIATELY. DO NOT ACCESS THE SERVICES FOR EMERGENCY OR CRISIS CARE. DO NOT IGNORE OR DELAY OBTAINING PROFESSIONAL MEDICAL ADVICE BECAUSE OF INFORMATION ACCESSED THROUGH THE SERVICES. CURITARX IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANY USER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER

THIS AGREEMENT CONTAINS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU AND REQUIRE YOU TO RESOLVE ANY DISPUTE WITH US THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY A LAWSUIT OR RESORT TO COURT PROCESS. THIS MEANS THAT (I) YOU ARE GIVING UP, AND YOU WAIVE, THE RIGHT TO HAVE ANY SUCH DISPUTE DECIDED IN A COURT OF LAW BEFORE A JURY OR A JUDGE (EXCEPT AS SET FORTH EXPRESSLY IN SECTION 16), AND (II) THAT YOU ARE GIVING UP, AND YOU WAIVE, THE ABILITY TO PURSUE ANY SUCH DISPUTE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

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Introduction

CuritaRX and its affiliates (collectively, “CURITARX,” “we”, “us”, or “our”) own and operate the website located at www.CuritaRX.com (the “Website”). We refer to the Website and other services provided by CURITARX together herein as the “Services.” In these Terms of Service, the terms “you” and “yours” refer to the person using the Services.

These terms and conditions of use (“Terms of Service”) describe your rights and responsibilities with regard to the Services. Your access to and use of the Services is subject to these Terms of Service, our Privacy Policy, as well as all applicable laws and regulations. In using certain parts of the Services, you may be presented with additional or supplementary terms regarding the use of those specific Services, and you agree to review and be bound by such additional terms.

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MAY NOT USE THE SERVICES.

THE TERMS OF USE ARE SUBJECT TO CHANGE AS PROVIDED HEREIN.

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These Terms of Service Contain the Following Sections:

Services Overview, Availability, and Eligibility
Services
Registration and Account Creation
Privacy
Ownership and License to Service the Services
Servicer Content and CURITARX’s License to Service Such Content
Copyright Notices
Restrictions on Service
Disclaimer of Warranties
Limitation of Liability
Indemnification
Third-Party Links and Features on the Services
Changes to the Terms of Service and the Services
Payments
Refund and Treatment Availability Policy
Termination
Governing Law; Dispute Resolution; Arbitration; Venue; Severability
Communications by Text Message and Email
Miscellaneous Terms
Contact Us
Additional Terms for Specific Products and Services

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Services Overview, Availability, And Eligibility

Overview of the Services

The Services may include:

Providing individuals with information on health care and wellness.
Providing individuals with access to a physician provider network that includes physicians who are licensed in your state of residence.
Providing individuals with access to direct mail pharmacy services.
Providing individuals with access to technology-oriented tools for addressing certain health issues.
Development and gathering of health care records and health care information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services, all of which are provided by third-party unaffiliated providers.
Administrative support in connection with scheduling, payment for health care provision, and processing of payments related to pharmacy fulfillment
Telecommunications support for using the Services as a means of direct access to a health care provider for communication, consultations, assessments, and treatment by such health care organizations and their providers.

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The CuritaRX Services should not be considered medical treatment. You should always talk to an appropriately qualified health care professional for final diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. NONE OF THE CONTENT ON THE SERVICES REPRESENTS OR WARRANTS THAT ANY PARTICULAR MEDICATION OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. CuritaRX does not recommend or endorse any specific tests, providers, medications, products, or procedures.

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Availability

CuritaRX is based in the United States. We provide the Services for use only by persons located in the United States. We make no claims or representations that the Services or any material included in the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so at your own risk and you are solely responsible for compliance with local laws, including export laws as applicable.

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Eligibility

Our Services are intended for use by you only if you are 18 years of age or over. To qualify to use the Services, the following must be true, and by accessing or using the Services, you represent and warrant that they are true:

You are age 18 or over, or if you are accessing the Services in violation of the Eligibility requirement related to age, you otherwise have the express consent of your parent or legal guardian. Note, however, that some Services may only be available to individuals over the age of 21, and in such circumstances, you will be notified of this requirement.
You are located in a state where we operate (depending on the type of Services).
You agree to be legally bound by and comply with these Terms of Service.
You understand and agree that satisfying the above requirements does not guarantee that you will receive Services. In addition to the above requirements, CuritaRX and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

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To access or use the Services, you must have compatible devices, access to the Internet, and certain necessary software. Fees and charges may apply to your use of mobile services and to the Internet.

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Platform Services

Telehealth Services

We provide a website through which you can obtain an online visit with an independent, licensed health care professional (a “Provider”) and mail order pharmacy services for any medications prescribed to you (collectively, the “Services”). The Services constitute a form of telehealth, which involves the delivery of health care services using electronic communications between a health care provider and a patient who are not in the same physical location. We believe that telehealth has the potential to provide a number of benefits, including convenient, discreet, and affordable care.

Telemedicine may be used for diagnosis, treatment, follow-up and/or related patient education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider.
Interactions between a patient and health care provider via audio, video, and/or data communications.
Use of output data from medical devices, sound, and video files.

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The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information, and will include measures to safeguard your data to ensure its integrity against intentional or unintentional corruption or unlawful access.

By accepting the Terms of Service, you agree and consent to CuritaRX, the Provider, and any other health care organization(s) or provider(s) with whom we contract to provide the Services to you sending you disclosures, notices, messages, reports, and other communications either in writing or electronically including without limitation through your account or by email. It is your responsibility to monitor these communications. You acknowledge and agree that you will not hold us, any Provider, or any other health care organization(s) or health care provider with whom we contract to offer the Services to you liable for any loss, injury, or claim of any kind resulting from your failure to read these communications or for your failure to comply with any treatment recommendations contained in these communications.

Moreover, you acknowledge and agree that no means of electronic transmission can be guaranteed to be 100% secure. By accessing or using the Services, you agree to us transmitting health and other information to you electronically and that any information sent to or signed by you or us electronically shall be deemed equivalent to as if such information was provided or signed in writing.

Your Provider will obtain your consent to receive telehealth services when you begin your telehealth visit.

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Your Relationship With CURITARX

CuritaRX does not provide any medical services, including via the Services. Rather, CuritaRX provides a technology platform for you to access a Provider who is employed or contracted with a network of physician practices and obtain access to additional information, which you may or may not choose to utilize in planning your health care and wellness. The health and wellness resources made available through our Services are for informational purposes only and are not a substitute for direct in-person health care services in all cases; nor are they an indicator of specific results. The decision to focus on diagnosis, treatment recommendations, or both, rests with you and the health care provider. You understand that by coordinating and consulting with an affiliated physician practice or its health care providers through the Services, you are not entering into a physician-patient relationship with CuritaRX.

Except for specific communications received from your Provider, none of the information you receive through the Services should be considered medical advice.

CuritaRX does not make any representations or warranties about the training or skill of any Providers. You are ultimately responsible for choosing whether to seek treatment from a Provider through the Services. CuritaRX takes certain limited steps to verify Providers hold certain licenses, certifications, or registrations required by law. CuritaRX may exclude a Provider, at CuritaRX’s sole discretion, if CuritaRX believes a Provider has engaged inappropriate conduct, misused the Services, or for any other reason whatsoever.

You hereby certify that you are physically located in the State you have entered as your current location on the Services. You acknowledge that your ability to access and use the Services is conditioned upon the truthfulness of this certification and that CuritaRX and the Providers and Pharmacy Network you access through the Services are relying upon this certification in order to interact with you. In the event that your certification is inaccurate, you agree to indemnify CuritaRX and the Providers and Pharmacy Network you interact with from any resulting damages, costs, or claims.

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No Insurance Accepted; Notice Of Your Financial Responsibility

CuritaRX and the Providers do not accept commercial health insurance plans, are not in-network with any commercial health insurance plans, and are not enrolled with federal or state health care programs, such as Medicare and Medicaid. By choosing to use the Services, you are specifically choosing to obtain products and services on a cash-pay basis outside of any commercial health insurance plan or federal or state health care program. Thus, you are solely responsible for the costs of any services or products provided to you.

If you are a federal health program beneficiary, you agree that neither you, CuritaRX, the Provider, or any of the health care organization(s) or provider(s) with whom we partner to provide health care and pharmacy services to you will submit a claim for reimbursement to any federal or state healthcare program for the costs of the services and products provided to you through the Services. Please also see Section 14 below for additional terms applicable to your payment obligations.

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Pharmacy Services

If you receive a prescription as a result of your use of the Services, you may select one of the pharmacies we contract with (the ” Pharmacy Network”) to ship your prescription. You may also choose to have your prescription fulfilled through the pharmacy of your choice when prompted during your use of the Services. You give us consent to send and disclose to the Pharmacy Network or the pharmacy of your choice all information provided by you, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) so that you may receive pharmacy services.

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Registration And Account Creation

Although certain parts of the Services are accessible without creating an account, you may be required to create an account to access and use certain parts of the Services. If you create an account, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to CuritaRX. If you do not maintain such information, or CuritaRX has reasonable grounds to suspect as much, CuritaRX has the right to suspend or terminate your account and your use of the Services.

You agree to keep confidential your username and password and to exit from your account at the end of each session. You are responsible for all activities that occur under your account and for maintaining the confidentiality of your password. You also agree to immediately notify CuritaRX of any unauthorized use of your username, password, or any other breach of security that you become aware of involving or relating to the Services by emailing CuritaRX at legal@CuritaRX.com. CuritaRX may take any and all actions it deems necessary or reasonable to maintain the security of the Services.

You are responsible for changing your password promptly if you think it has been compromised. You may not transfer or share your password with anyone, or create more than one account. You may not use anyone else’s account at any time. CuritaRX explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

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Privacy

CuritaRX understands the importance of confidentiality and privacy regarding your health information. Please see our Privacy Policy for information about how we collect and use your information. The Privacy Policy is hereby incorporated into these Terms of Service by reference and constitutes a part of these Terms of Service.

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Ownership And License To Use The Services

Ownership

As between CURITARX and you, CURITARX is the sole and exclusive owner of all right, title, and interest in and to the Services and their content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, design, selection, arrangement, and look and feel) (“Services Content”). You are not permitted to reproduce, publish, distribute, modify, reverse engineer, disassemble, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Services or Services Content except as permitted by these Terms of Service or otherwise by CURITARX expressly in writing. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Services or Services Content shall be owned solely and exclusively by CURITARX or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Services or Services Content.

Certain names, logos, and other materials displayed in and through the Services may constitute trademarks, trade names, service marks, or logos (“Marks”) of CURITARX or its affiliates. You are not authorized to use any such Marks without the express written permission of CURITARX. Ownership of all such Marks and the goodwill associated therewith remains with us or our affiliates.

Your License

Subject to your compliance with these Terms of Service, we hereby grant to you a personal, limited, revocable, non-exclusive, and nontransferable right to view, download, access, and use the Services and Services Content solely for your personal and non-commercial use and only as permitted under these Terms of Service and the Privacy Policy. No other right, title, or interest in or to the Services or Services Content is transferred to you, and all rights not expressly granted are reserved by CURITARX or its licensors.

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User Content And CURITARX’s License To Use Such Content

Except as provided in our Privacy Policy, or information governed by applicable federal and state-specific privacy laws and regulations, you understand and agree that any information you provide through the Services, whether by direct entry, submission, email, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions/feedback, will be treated as non-confidential and non-proprietary and will become the property of CURITARX and/or (i) the affiliated physician practices, or (ii) individual health providers utilizing the Services (“User Content”).

Except as provided in our Privacy Policy or subject to any applicable laws, User Content may be used by CURITARX for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting, and CURITARX shall be free to use such User Content for any purpose whatsoever, including, without limitation, developing and marketing products using such information, without any compensation owed to you. You hereby grant CURITARX, our service providers, our successors and assigns, our affiliated health care providers, and their affiliated physician practices, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third parties any data or information you submit on or through the Services for the purposes of providing Services to you; marketing Services to you; conducting research or analyses of such data; and designing, developing, implementing, modifying, and/or improving new, current, or future features, products, and services of CURITARX using such data.

You understand that any User Content you publish in public forums will be viewable and copyable by other users of the forum and potentially the public at large.

WITHOUT LIMITATION OF THE FOREGOING, CURITARX DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR THE USER CONTENT FOUND IN ANY PUBLIC FORUM, NOR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM ANY USE OF ANY PUBLIC FORUM OR THE USER CONTENT CONTAINED THEREIN.

You acknowledge, consent, and agree that we may access, monitor, preserve, and disclose your information and/or any User Content you submit or make available for inclusion on the Services if required to do so by law or in a good faith belief that such access, preservation, or disclosure is permitted by law or reasonably necessary or appropriate for any of the following reasons:

To comply with legal process.
To enforce these Terms of Service, our Privacy Policy, or other contracts with you, including investigation of potential violations thereof.
To respond to claims that any content violates the rights of third parties.
To respond to your requests for customer service.
To protect the rights, property, or personal safety of CURITARX, its agents and affiliates, its users, and the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes.

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Copyright Notices

CURITARX reserves the right to remove any content or any other material or information available on or through our Services, at any time, for any reason. CURITARX otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This section describes the procedure that should be followed to file a notification of alleged copyright infringement with CURITARX.

Notification of Claimed Copyright Infringement

If you have objections to copyrighted content or material made available on or through our Services, you may submit a notification to our Designated Agent at the following address:

1007 N Orange St., 4th Fl, Ste 2985, Wilmington, DE 19801

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Any notification to CURITARX under 17 U.S.C. § 512(c) alleging copyright infringement must include all of the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed.
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
An identification of the content or material that you claim is infringing and where it is located on our Services.
Information sufficient for CURITARX to contact you, such as your address, telephone number, and/or email address.
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law.
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

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Restrictions On Use

You agree that in using or accessing the Services, you will not, and will not attempt to:

Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
Violate any local, state, national, or international law (including export laws).
Reverse engineer, disassemble, decompile, or translate any software or other components of the Services.
Distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or the Services, or any other system, device, or property.
Access or use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party.
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express prior written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Services.
License, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Services, Service Content, or User Content other than as expressly permitted herein.
Create or develop competing products or services or for any other purpose that is to CURITARX’s detriment or commercial disadvantage.
Damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner the Services, Service Content, or User Content, in whole or in part.
Use framing techniques to enclose any trademark, logo, or the Services without our express prior written consent.
Post, transmit, or otherwise disseminate any content that, as we determine at our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, violent, demeaning, intimidating, discriminatory, or racially, ethnically, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, (ii) is derogatory or harmful to our reputation, the reputation of our licensors, affiliated healthcare providers, affiliated healthcare practices, or any of our or their respective officers, members, employees, representatives, licensors, and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner; or (iv) attempts to obtain the personal information of other users.
Harm, harass, threaten, abuse, defame, demean, discriminate against, or intimidate any affiliated health care provider who provides health care services related to the Services, as we determine in our sole discretion.
Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to the Services or any computer network.
Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by CURITARX or any of our service providers to protect the Services.
Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services or any Service Content or User Content.
Use any manual process or automated device to monitor or copy any content made available on or through the Services for any unauthorized purpose except as permitted herein.
Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
Copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to CURITARX or third-party content from the Services.
Otherwise use the Services in any manner that exceeds the scope of use granted herein.
Encourage or enable any other individual to do any of the foregoing.

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Disclaimer Of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CURITARX AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

CURITARX MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, OR ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. FURTHERMORE, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL PROVIDER OR PHARMACY NETWORK LISTED OR ACCESSIBLE THROUGH THE SERVICES. WHILE WE HOPE CONTENT FROM OUR SERVICES IS USEFUL, IT IS INTENDED FOR INFORMATIONAL PURPOSES AND FOR CONNECTING YOU WITH PROVIDERS AND PHARMACY NETWORKS AVAILABLE IN YOUR AREA. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER CURITARX NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE SERVICES, SERVICES CONTENT, AND USER CONTENT. FURTHERMORE, CURITARX DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND CURITARX DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL, AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SERVICES ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR INFORMATION, OR YOUR RELIANCE ON ANY SUCH CONTENT, MATERIAL, AND/OR INFORMATION.

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Limitation Of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL CURITARX, ITS RELATED PERSONS, OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS, OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SERVICES OR ANY SERVICES CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES. THIS IS TRUE EVEN IF CURITARX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL CURITARX OR IT’S RELATED PERSONS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED IN THE AGGREGATE, THE GREATER OF (I) ONE HUNDRED DOLLARS ($100), OR (II) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages such as in this section. Accordingly, some of these limitations may not apply to you. If you are a New Jersey resident, or a resident of another U.S. state that permits the exclusion of these warranties and liabilities, then the limitations in this section specifically do apply to you.

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Indemnification

You agree to indemnify, defend, and hold harmless CURITARX, its affiliates, its subsidiaries, and all of their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, (i) your use of the Services, or your use of the materials or features available on the Services, in an unauthorized manner, (ii) your fraud, violation of law, negligence, or willful misconduct, or (iii) any breach by you of these Terms of Service.

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Third-Party Links And Features On The Services

The Services may contain hyperlinks, plug-ins, products, or features operated by third parties (“Third-Party Services”). Such Third-Party Services are not under our control; therefore, we are not responsible for the information, products, or services described by, or for the content or features of any such Third-Party Services. We are providing these Third-Party Services to you only as a convenience, and the inclusion of any Third-Party Services does not necessarily imply endorsement of the Third-Party Services or any association with its operators. Your use of these Third-Party Services is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Third-Party Services.

You may have arrived at the Services through a Third-Party Service, and you understand and agree that we are not responsible for the information, products, or services described on those Third-Party Services and only these Terms of Service will apply to your use of or access to the Services.

No agency relationship is created between CURITARX and any user or third party. As such, we will not be involved in resolving any disputes between any user and another user or third party relating to or arising out of any transaction between such parties. We urge users and third parties to cooperate with one another to resolve any such disputes. In the event that you have a dispute with one or more other users or third parties through your use of the Services, you release CURITARX, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

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Changes To The Terms Of Service And The Services

The Services are continually under development, and CURITARX reserves the right to review or remove any part of these Terms of Service in its sole discretion at any time and without prior notice to you. You should check the Terms of Service from time to time when you use the Services to determine if any changes have been made. Any changes to these Terms of Service are effective upon posting to the Services, unless applicable law requires us to provide additional notice or take other actions before such changes can become effective. If you disagree with these Terms of Service, your sole and exclusive remedy is to discontinue your use of the Services. Your continued use after a change has been posted constitutes your acceptance of the changes.

You acknowledge and agree that:

All or any part of the Services may not be accessible at any time, for any period, or for any reason.
CURITARX will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. CURITARX reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Services or any portion thereof, with or without notice. You agree that CURITARX shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

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Payments

You agree to pay all fees due for any prescriptions or medications you request, pursuant to the payment terms presented at checkout. Prices are subject to change at any time in our sole discretion. You will be prompted to provide your payment details, such as your credit card information and any promotional codes, before confirming your purchase. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount(s) due at the time of each approved transaction.

Payments made to CURITARX cover the cost of products provided through the platform, which may include medication fulfillment, shipping, and related logistical expenses. You will not be separately charged by CURITARX for medical consultations or provider interactions conducted through the platform.

Payment for products made available through CURITARX is generally processed as a single transaction at the time of purchase.

In some instances, patients may be presented with the option to enable automatic refills or autopay for future orders to support continuity of care. Participation in any such program is completely voluntary, clearly disclosed before enrollment, and can be canceled at any time by contacting customer support or your prescribing provider.

If your payment method cannot be processed, you may be notified to provide an alternative form of payment. CURITARX and its affiliates have no obligation to fulfill orders unless full payment is received and verified. You are responsible for keeping your payment information accurate and up to date.

Except as otherwise set forth in any applicable Return or Refund Policy, you acknowledge and agree that due to the nature of the products available through CURITARX, any applicable fees and charges are generally non-refundable, in whole or in part, once the order has been fulfilled. You remain fully responsible for all charges made to your account, including any unauthorized or unverified transactions.

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Refund and Treatment Availability Policy

Members acknowledge that all plans are subject to the availability of treatments, supply factors, and external circumstances beyond CURITARX’s control and of its network providers and pharmacies. If a member’s prescribed treatment becomes unavailable, CURITARX-network physicians may recommend suitable alternative treatments. Members may choose to accept an alternative treatment or request a refund in accordance with the following terms:
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Refunds for Unavailable Products:

If CURITARX, through its network pharmacies, cannot fulfill a treatment plan due to supply shortages, FDA regulations, or other factors outside its control, customers are eligible for a prorated refund. The refund will be calculated based on the unshipped portion of the listed monthly price of the prepaid plan, with deductions only for the monthly cost of any treatments already provided.

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Switching to an Alternative Treatment:

Members may choose request a credit in lieu of refund to their CURITARX account to switch to another available and eligible treatment plan if their preferred option is unavailable.

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CURITARX is committed to providing clear, fair, and transparent refund processes. Refunds will be processed within 30 days of an approved request.
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Customer Notifications:

Members agree to receive notifications regarding plan changes or alternative options via email and must respond promptly to avoid treatment interruptions.

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By completing a purchase, Member confirms that they understand and accept the terms.

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Termination

The Terms of Service will remain in full force and effect as long as you continue to access or use the Services. You may terminate the Terms of Service at any time by discontinuing use of the Services. Your permission to use the Services automatically terminates if you violate these Terms of Service.

CURITARX may terminate or suspend any of the rights granted by these Terms of Service and your access to and use of the Services with or without prior notice, for any reason, and at any time, including for violations of these Terms of Service. The following provisions survive the expiration or termination of these Terms of Service for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, Severability of Provisions; No Waiver; and Assignment.

Subject to applicable law, CURITARX reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, CURITARX will have no further obligation to provide the Services, except to the extent Provider or Pharmacy Network is obligated to provide you access to your health records or is required to provide you with continuing care under applicable legal, ethical, and professional obligations to you. You agree that if your use of the Services is terminated pursuant to these Terms of Service, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold CURITARX harmless from any and all liability that CURITARX may incur therefore.

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Weight Loss Guarantee Program

CURITARX offers a weight loss guarantee. You may be eligible for a refund or program credit if, after strictly following the program as prescribed, you do not lose up to 10% of your body weight within six months. Full compliance with the program requirements—such as regular check-ins, proper medication use, and adherence to lifestyle recommendations—is necessary to qualify for this guarantee. By participating in the program, you agree to these terms and conditions and acknowledge that adherence to the program and accurate reporting are essential for eligibility.

Please note that participation is subject to change at any time. We reserve the right to cancel the program or update these terms at our discretion, with changes applying to all future requests or claims.
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Who qualifies for the guarantee?

Medical Suitability: You must complete a medical evaluation and obtain approval through CURITARX’s network providers to ensure you are an appropriate candidate for treatment. This includes providing accurate health and weight information.
Program Commitment: The guarantee is valid only if you follow the prescribed program, including weekly medication use, diet, exercise, attending all follow-up appointments, and completing weekly check-ins through the member portal.
Program Posting: You are required to post about your journey once per calendar week in CURITARX’s private Facebook group. This simple habit helps us monitor progress, provide timely support, and ensure you stay on track with your plan.
Medications: You must take consecutive weekly doses of your prescribed injectable medication (compounded semaglutide or compounded tirzepatide, if available and as prescribed) for 26 consecutive weeks, totaling 26 doses without skipping any doses. Mediations must be ordered through the client portal to be eligible and will be based on medical suitability.
Note: Other medications, including tablet or liquid forms of compounded semaglutide or compounded tirzepatide, are not eligible under this guarantee.
Failure to Achieve Weight Loss: If, after meeting all the above requirements, you fail to lose 10% of your baseline weight as noted during your initial medical intake after 26 weeks in the program, you may qualify for CURITARX’s Weight Loss Guarantee Program.

Exclusions:

You are excluded from the Weight Loss Guarantee Program if:

You have certain medical conditions (e.g., thyroid cancer, severe eating disorders). You are pregnant or breastfeeding.
You have experienced hormonal changes during program.
You are using other weight loss methods or medications other than prescribed by CURITARX’s network of providers during the program term of 6 months.
You have not met the qualifications above.

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Verification:

To verify progress and confirm eligibility for your warranty, you must record and submit two short videos:

Your first video must be recorded and submitted within your first 15 days of treatment.
Your second video must be recorded and submitted at the end of your six-month period.

Each video must meet the following requirements:

Show your face to confirm identity.
Be recorded in a well-lit area for clear visibility.
Include a clear view of your scale reading, with the scale placed on a hard, level surface.
Display the date and time (either through device timestamp or spoken verbally at the start of the video).

After recording, please enter your weight on the attestation form and submit your video(s) here.

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How Will the Verification Process Work?
All submissions will be reviewed by our team to ensure compliance with the verification requirements. Refund eligibility will be confirmed based on the accuracy and authenticity of the submitted verification using our attestation forms. Please note that:

Only submissions with all necessary materials included in our approved forms will be reviewed.
No other forms will be evaluated.
The final eligibility decision will be made at the sole discretion of CURITARX.

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How Do Members Request a Refund?
Approved refunds will be processed within 30 days of verification. The refund will be limited to your membership fees attributed solely to the eligible service paid over the first six months. Please note that:

Incidental costs, including those related to verification, other program fees, or additional products or services, are not included in the refund.
Refunds will be credited to the original payment method only.
Refund eligibility is non-transferable.

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Governing Law; Dispute Resolution; Arbitration; Venue; Severability

IMPORTANT NOTE: PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CURITARX TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CURITARX. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND CURITARX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

Governing Law

These Terms of Service and your use of the Services shall be governed by the laws of the State of Delaware, without giving effect to the principles of conflict of laws. Subject to the requirement to arbitrate set forth in this Section 16, exclusive jurisdiction for all disputes that do not require arbitration will be the state and federal courts located in Wilmington, Delaware, and you consent to the jurisdiction of those courts.

Binding Arbitration, Generally

Except as described in the “Exceptions” section below, you and CURITARX agree that every dispute arising in connection with these Terms of Service, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation, common law, constitutional provision, respondeat superior, agency, or any other legal or equitable theory, regardless of whether a claim arises after the termination of these Terms of Service, and regardless of whether a claim arises before or after the effective date of these Terms of Service. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to:

Bring an individual action in small claims court.
File suit in a court of law to address an intellectual property infringement claim.
Seek injunctive relief in a court of law in a state or federal court in Wilmington, Delaware.

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Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms of Service. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting CURITARX.

Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). CURITARX’s address for Notice is: CURITARX Health International Inc., Firstbase Agent LLC, 1007 N Orange St., 4th Fl, Ste 2985, Wilmington, DE 19801 Attention: General Counsel. A copy of all Notices of Arbitration must also be sent to CURITARX via email to legal@curitarx.com. The Notice of Arbitration must:

Identify the name or account number of the party making the claim.
Describe the nature and basis of the claim or dispute.
Set forth the specific relief sought (“Demand”).

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The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or CURITARX may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, CURITARX will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if CURITARX has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and CURITARX may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings

Any arbitration hearing will take place in the county and state of your billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted:

Solely on the basis of documents submitted to the arbitrator.
Through a telephonic or video hearing.
By an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

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During the arbitration, the amount of any settlement offer made by you or CURITARX must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief

Except as provided in the “No Class Actions” section below, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. The arbitrator’s award shall be final and binding on all parties. Judgment on the award may be entered in any court having jurisdiction.

CLASS ACTION WAIVER

YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR MEMBER IN ANY CLASS OR COLLECTIVE CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS OR COLLECTIVE ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.

Limited Time to File Claims

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR CURITARX WANTS TO ASSERT A DISPUTE AGAINST THE OTHER THAT IS SUBJECT TO ARBITRATION PURSUANT TO THESE TERMS OF USE, THEN YOU OR CURITARX MUST COMMENCE SUCH DISPUTE BY DELIVERY OF A NOTICE OF ARBITRATION WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES — OR IT WILL BE FOREVER BARRED.

Severability

All parts of these Terms of Service apply to the maximum extent permitted by law. CURITARX and you both agree that if we cannot enforce a part of this contract as written, then that part will be replaced with terms that most closely match the intent of the part we cannot enforce, to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.

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Communications By Text Message And Email

By opting-in to receive text (SMS) messages from CURITARX or by sending CURITARX an initial text message (an “SMS Enrollment”), you consent to receiving text messages regarding your CURITARX account and use of the Services. These text messages may include order confirmations, shipping notifications, messages from your healthcare provider, and other transactional messages, as well as promotional and marketing notifications, to the extent you have opted-in to receive such messages from CURITARX.

With your SMS Enrollment, you represent and understand that:

You are the owner or authorized user of the mobile device you used in order to initiate the SMS Enrollment.
You are authorized to approve any applicable charges in connection with the text messages you send to and receive from CURITARX.
You will be responsible for all messaging and other data charges that may apply for any text messages sent to you from CURITARX, or from CURITARX to you.
Neither CURITARX, nor your or CURITARX’s mobile carriers, will be liable for delayed or undelivered messages.

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Note that access to the Services is not conditioned upon your consent to receive marketing or promotional text messages from CURITARX, and you can opt-out of any of CURITARX’s SMS services at any time by texting “STOP” to the message received, from the mobile device that is subscribed to receive the SMS messages. After you send the text message “STOP” to us, we may send you one final text message to confirm that you have been unsubscribed. If you have opted-in to receive more than one type of text message from CURITARX, you will need to opt-out of each CURITARX SMS service to which you are subscribed. Until you have done so, you may continue to receive the types of text messages from CURITARX that you have opted-in to receive but have not unsubscribed from.

You also understand that while CURITARX takes your privacy and the security of your health and other sensitive information very seriously, the transmission of information over the internet and mobile networks is not 100% secure. Text messages and emails that you send to or receive from CURITARX are not encrypted, which means that it is possible they may be intercepted by third parties. If you choose to send or receive information about your health or any other sensitive information by text message or email, you do so at your own risk. By initiating an SMS Enrollment, you consent to sending text messages to CURITARX, and receiving text messages from CURITARX, which are not encrypted. Likewise, by emailing CURITARX or giving CURITARX your email, you consent to receiving unencrypted emails messages from CURITARX.

If you are experiencing any issues with CURITARX’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at legal@curitarx.com. If you have questions specific to your text or data plan, please contact your wireless provider.

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Miscellaneous Terms

No Waiver

No waiver by CURITARX of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CURITARX to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

No Agency Relationship

Neither these Terms of Service, nor any Services Content, materials, or features of the Services create any partnership, joint venture, employment, or other agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Service constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Assignment

You may not assign any of your rights under these Terms of Service, and any such attempt will be null and void. CURITARX and its affiliates may, in their individual discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service if some or all of the business of CURITARX is transferred to another entity by way of merger, sale of its assets, or otherwise.

Headings

The heading references herein are for convenience purposes only, and shall not be deemed to limit or affect any of the provisions hereof.

Entire Agreement

This is the entire agreement between you and CURITARX relating to the subject matter herein and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter, excluding any other agreements that you may have entered into with CURITARX.

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CURITARX Special Advertising Offers

Advertisements from CURITARX.com may include, from time to time, special or introductory offers for promotional pricing of services. All advertised offers from CURITARX.com are only available for 24 hours following removal of the offer from the website and automatically expire thereafter.

“Same price per dose” or similar offers are subject to additional terms and conditions including:

Curitarx.com reserves the right to adjust pricing from time to time in accordance with supply and market conditions.
Same price per dose offers automatically expire within 24 hours of any price changes available through Curitarx.com.
Promotional offers including “first month” are not subject to the same price per dose offerings and are instead promotional offers. Same price per dose offers only apply to standard full-price purchases based on the price listed on the website.

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Refer a Friend

Introduction and Purpose

This Refer a Friend program (the “Program”) is designed to allow current CURITARX members (the “Referrer”) to share a promotional offer with friends (the “Friend”) through a personalized referral link (the “Referral Link”). The purpose of the Program is to incentivize new member acquisitions for CURITARX Health International, Inc. (the “Company”) by offering Friends a discount on their first eligible order of a service on the Company’s website (the “CURITARX Website”). These terms supplement the CURITARX Terms and Conditions found at CURITARX’s Terms of Service. In the event of any conflict between these terms and CURITARX’s Terms of Service, CURITARX’s Terms of Service will prevail.

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Definitions

For this Program the following terms shall have the meanings ascribed to them below:

‍Referrer means the current CURITARX member referring individual participating in the Program.‍
Friend means the individual receiving the referral from the Referrer under the Program‍
Referral Link means a personalized link provided by the Company to the Referrer, intended for sharing with potential Friends to facilitate their participation in the Program.‍
Program refers to the Refer a Friend initiative designed by the Company to incentivize current members to refer new members, facilitating new members acquisition.‍
Company refers to CURITARX, the entity operating the Refer a Friend Program‍
Friend’s Reward refers to a promotional offer provided by the Company, granting up to a $100 discount off the Friend’s first eligible order as part of the Program.‍
Participant either or both the Referrer or the Friend.

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Eligibility Criteria

This Program is open only to individuals who are residents of the 49 United States (excluding the state of Florida) and the District of Columbia and who are 18 years of age or older at the time of participation. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account are eligible to participate in the Program; CURITARX employees, third-party aggregators, groups, organizations, and business entities are not eligible to participate in the Program or to earn or to use related rewards or benefits.

The use of multiple accounts, email addresses, online identities, or aliases to circumvent the eligibility requirements and/or other limitations of these Terms is prohibited and may result in exclusion from the Program and the cancellation of all related rewards.

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Referral Process

This Referral Process clause outlines the steps and conditions under which Referrers can refer Friends to the Company, CURITARX, under the Program.

Eligibility: To participate in the Program as a Referrer, an individual must be an existing CURITARX member. Friends referred to the Program must be new members who have not previously made a purchase through the CURITARX Website within the last twenty-four (24) months.
Referral Link: The Referrer will be provided with a Referral Link, which can be shared with potential Friends. The Referral Link must be used by the Friend to be eligible for the Friend’s Reward.
Friend’s Reward: Upon the Friend’s completion of their first eligible order through the CURITARX Website using the Referral Link, the Friend will receive the Friend’s Reward of up to $100 off their purchase.
Referrer’s Incentive: For every Friend who successfully completes an eligible order using the Referral Link, the Referrer will receive a payment for use towards future purchases on the CURITARX Website.
Limitations: The Referrer may not refer themselves or create multiple accounts to benefit from the Program. The Company reserves the right to verify the eligibility of the Referrer and the Friend and to disqualify any participants found to be in violation of these terms.

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Rewards

This Rewards section outlines the terms under which rewards are granted and utilized within the Program operated by the Company.

Under the Program, the Referrer may use their Referral Link to share with Friends a promotional offer by which the Friend can receive up to $100 off their first eligible order for a service on the CURITARX Website (the “Friend’s Reward”). Under the Program, when a Friend uses the Referrer’s active Referral Link to complete an order for a service through the CURITARX Website (a “Qualifying Purchase”), Referrer shall receive $50 off their next order (“Referrer’s Reward,” and together with Friend’s Reward, the “Rewards”).

Referrer’s Rewards: Rewards earned by the Referrer can only be redeemed for orders placed through the Referrer’s CURITARX account. If an account is closed for any reason, all associated Rewards will be canceled immediately and have zero cash value.

Application of Rewards: When Rewards are used for orders for services(s) including a prescription treatment(s), the Reward will only apply to platform fees or membership fees. For orders for service(s) for non-prescription product(s), Rewards will not be used to any shipping fees added at checkout.

Nature and Limitations of Rewards: All Rewards are promotional in nature and cannot, under any circumstances, be redeemed or exchanged for gift cards, cash, or any cash equivalent, except to the extent required by law. Rewards have no intrinsic value outside of the Program and are not transferable. Once issued to an account, Rewards cannot be redeemed through any other account. Rewards cannot be applied towards gift cards or gift certificates.

Expiration of Rewards: All Rewards will expire at 90 days from issue.

Tax Responsibility: Both the Referrer and the Friend are responsible for any tax consequences that may result from the redemption or use of Rewards.

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Limitations and Exclusions

This Program and these Terms are subject to modification or termination at any time, with or without notice, in CURITARX’s sole discretion. If CURITARX modifies these Terms, CURITARX will post the modification on the CURITARX Website, which will be effective upon posting. Continued participation in the Program after any modification shall constitute consent to such modification.

CURITARX may suspend or terminate the Program at any time for any reason. If CURITARX terminates the Program, all unused Rewards will be revoked and forfeited at that time.

CURITARX reserves the right to suspend or terminate a Participant’s ability to participate in the Program at any time and for any reason. For example, CURITARX reserves the right to review and investigate all referral activities, and to suspend accounts, modify referrals, or remove or terminate the ability to use Referral Links or Rewards in CURITARX’s sole discretion if CURITARX notices any activity that it believes is abusive, fraudulent, in violation of the CURITARX Terms of Service or these Terms, or otherwise as CURITARX deems fair and appropriate. CURITARX also reserves the right to terminate or modify any Rewards and any other promotional credits associated with the Program at any time for any reason. The scope, variety, and type of services and products that a Participant may obtain by redeeming Rewards can change at any time.

Without limiting the foregoing, CURITARX reserves the right, in its sole discretion, to retroactively revoke or void any Rewards that it deems, in its sole discretion, to be procured (a) in violation of these Terms, including without limitation, (1) not in accordance with the eligibility requirements and (2) via distribution through unauthorized channels or in violation of any applicable law, rule or regulation; or (b) in association with content that CURITARX deems offensive or inappropriate in its sole discretion. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language, and content that incites or endorses hate or violence, is demeaning, disparages, or damages the goodwill, reputation, or brand image of CURITARX, or incites or endorses discrimination in any form.

Referrers may earn only one (1) Referrer’s Reward per Friend, regardless of the number of purchases that such Friend makes. To receive multiple Referrer’s Rewards, Referrer must have multiple Friends make a Qualifying Purchase using Referrer’s Referral Link, which cannot be inactive.

Referrers cannot refer themselves to earn a Referrer’s Reward, and purchases by Friends who share Referrer’s email address, Internet Protocol address, billing address, or shipping information will not qualify for a Friend’s Reward.

Participants may not assign their rights or obligations under these Terms, in whole or in part, without CURITARX’s written consent. Any assignment or transfer in violation of the foregoing is void.

This Program is not valid in the state of Florida.

The Referrer may not share their Referral Link, except with their personal connections, and may not post or promote their Referral Link on CURITARX’s social media pages, commercial websites or blogs, or on coupon sites or other websites created to take advantage of referral traffic generated from individuals searching for coupons or other discount codes, as determined by CURITARX in its sole discretion. The sharing of their Referral Link outside of Referrer’s warm network of personal connections is strictly prohibited.

Referrer must comply with all laws, rules, and regulations applicable to the Program, including without limitation those laws governing the transmission of email or other electronic communications and the transmission of the Referral Links. All emails and communications in connection with the Program must be created and distributed by Referrer in a personal manner. Referrer is prohibited from sending bulk email distributions. Referrer agrees not to create or use any script, program, bots, automatic dialers, or other automated systems to facilitate the mass distribution of their Referral Link or related communications or to post the Referral Link simultaneously to multiple websites. Any distribution of Referrer’s Referral Link beyond their warm network of friends and personal acquaintances or that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited. Referrer is prohibited from paying to advertise their Referral Link or paying or providing anything of value to any person to whom they direct a Referral Link or to any other third party to obtain benefits under the Program.

CURITARX reserves the right to deactivate any Referral Links distributed or shared through unauthorized channels, including without limitation if CURITARX determines in its sole discretion that your use of the Referral Links is in violation, or any Rewards are procured in violation, of these Terms or distributed/shared in association with any content that CURITARX deems offensive or inappropriate. Without limiting the foregoing, such content includes all forms of pornography, obscenity, indecent language, and content that incites hate, is demeaning, disparages, or tarnishes the goodwill, reputation, or brand image of CURITARX, or incites or endorses discrimination in any form.

A referred individual may only use one Referral Link. If a referred individual receives Referral Links from multiple individuals, only the individual associated with the Referral Link actually used by the referred individual to place their first order on the CURITARX Website will receive credit for the referral.

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Term and Termination

Upon termination of this Program, the Referrer shall cease to have any further rights or obligations under the Program, except for any rights or obligations that have accrued prior to the date of termination. Any Referrer’s Rewards that have been earned but not yet redeemed at the time of termination will remain available for redemption for a period of 30 days following the date of termination, subject to the Program’s terms and conditions.

CURITARX reserves the right, at its sole discretion, to modify or terminate the Program or any part thereof, at any time and without prior notice. In the event of the Program’s modification or termination, the Company will make reasonable efforts to notify the Referrer of such changes. However, it is the responsibility of the Referrer to review the Program terms regularly to ensure awareness of any changes.
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Miscellaneous Provisions

If for any reason a Participant believes that there is an issue regarding a Referral Link or Reward, please contact CURITARX at care@curitarx.com. CURITARX may require the Participant to submit additional information in order to make a determination regarding any Reward. All decisions regarding the Rewards by CURITARX will be final and at CURITARX’s sole discretion.

These terms supplement the CURITARX Terms and Conditions found on this page. In the event of any conflict between these terms and CURITARX’s Terms of Service, CURITARX’s Terms of Service will prevail.

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Contact Us

If you have any questions about these Terms of Service, please contact us at:

CURITARX Health International, Inc.
legal@curitarx.com

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