Terms & Conditions

These Terms of Use (the “Terms”) describe your rights and responsibilities regarding the Cural website (“website” or the “Platform”) owned and operated by Cural.

In these Terms, “we”, “our”, “us”, and “Cural” collectively refer to Cural and any products, subsidiaries, and affiliations. The terms “you” and “yours” refer to the person using the Platform. Use of the Platform is governed by these Terms and our Privacy Policy. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be legally bound by and comply with these Terms and our Privacy Policy.

Even though you may have arrived at the Platform through a website operated or controlled by a third party, including by an affiliate of Cural, you understand and agree that these Terms are entered into between you and Cural. You also understand and agree that the Platform and any services provided through these Terms, except the Healthcare Services described herein, are provided by Cural.

You agree that when you use or enter the Platform, you affirmatively consent to conduct business electronically with Cural and engage in health-oriented activities with health professionals and professional entities affiliated with Cural, and such processes have the same force and effect as your written signature. You agree and consent to Cural and certain affiliated professional entities sending you disclosures, messages, notices, and other communications to your designated mobile phone and email account. If you do not agree with any of these Terms or our Privacy Policy, you may not use the Platform.

This Agreement establishes the important terms which you need to know and understand as well as the Services which you are requesting.

This agreement is subject to changes as explained below.

We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third-party. You should check the Terms from time to time when you use the Platform to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Updated” notation above. If you use the Platform after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Platform.

You understand and agree that the Platform is intended to facilitate the following services (the “Services”): (a) the development and gathering of healthcare records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Healthcare Services related to the evaluation and treatment of hyperhidrosis (excessive sweating); (c) administrative support in connection with coordinating optional fulfillment and payment for prescription medications (including, without limitation, oral anticholinergic medications such as glycopyrrolate) ordered or prescribed by medical providers performing Healthcare Services; and (d) telecommunications and technology support for using the Platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.

You understand that the Platform gathers unique information from you to enable an affiliated medical provider through the Healthcare Services to determine whether a prescription is indicated and appropriate for you, including applicable health information (such as your past and present health conditions, medications, and symptoms), and personal information (such as your name, location and demographic information) (collectively, “Your Information”). You further understand and agree that after reviewing Your Information, the medical provider, in his or her independent professional judgment, will determine whether to prescribe you medication, other treatment, or, alternatively, recommend that you consult with alternative clinical resources (the “Healthcare Services”).

You give us consent to send and disclose to the affiliated professional entities and their medical providers all of Your Information so that you may be assessed and possibly receive Healthcare Services.

Further, you consent to our delivery of Your Information to affiliated and unaffiliated pharmacies as part of coordinating desired fulfillment and payment for prescription medications recommended as part of the Healthcare Services.

All medical providers who deliver Healthcare Services through the Platform are: (i) independent professionals contracted or employed with affiliated professional entities that coordinate with Cural and (ii) solely responsible for such Healthcare Services provided to you.

Cural does not provide any Healthcare Services through the Platform and is not licensed to practice medicine. Cural does not control or interfere with the provision of Healthcare Services by the medical providers and affiliated professional entities, each of whom is independent and solely responsible for the Healthcare Services provided to you. You, therefore, understand and agree that Cural is not responsible for Healthcare Services, or your use of any Healthcare Services provided by a medical provider or affiliated professional entity, including any personal injury or property damage.

By accepting this Agreement, you additionally understand and agree that Cural is not acting as a pharmacy, nor do we control or interfere with any such services. By accepting this Agreement, you understand and agree that you may be entering into a relationship with a pharmacy, pharmacist, and/or pharmacy group or other such relationship with any one or more such third-party entities.

In order to use the Services through the Platform, the following must be true:

• You are at least 18 years of age or older.
• You live in the United States and in a state or territory where the Services are available.
• You agree to be legally bound by and comply with these Terms of Use.
• You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software to use the Platform. Fees and charges may apply to your use of the mobile services and to the Internet.

You understand and agree that satisfying the above requirements does not guarantee that you will receive the Services through the Platform. In addition to the above requirements, Cural and its 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. Further, medical providers and affiliated professional entities delivering the Healthcare Services may, on a case-by-case basis, determine that certain criteria apply to utilizing the Platform for the Healthcare Services or that Healthcare Services are not appropriate in any instance for a particular user. You can obtain more information on the criteria for the Healthcare Services by contacting support@cural.org.

The Services are currently available to individuals located in certain states within the United States. The list of states in which the Services are available may change from time to time at our sole discretion. To see the current list of states in which the Services are available, please contact customer service at support@cural.org.

Although certain parts of the Platform are accessible by any individual, you are obligated to register with Cural in order to access the Services. The Services are available only to users who have registered with Cural and to other persons affiliated with Cural who have been granted accounts with usernames and passwords. The Platform may not be accessible at any time, for any period, or for any reason, and Cural will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.

Upon registration of an account, the Platform may contain forms or fields that allow you to enter, submit, or transmit to Cural user information or data (“User Data”) on or through the Platform. You understand and agree that any User Data provided by you on or through the Platform may be used, copied, or displayed by Cural. Cural may create derivative works of any such data, and Cural may provide such data to our service providers, our successors and assigns, and medical providers and their affiliated professional entities, in performance of the Services.

You grant Cural, our service providers, our successors and assigns, and medical providers and their affiliated professional entities, the fully transferable and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any User Data you submit on or through the Platform for the purposes of providing the 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 Cural using such data.

As a condition of your use of the Services through the Platform, you agree to the following:

• All Your Information provided through the Platform is accurate, complete, and correct, and you will accurately maintain and update any of Your Information that you have provided to Cural.
• Your permission to use the Platform is personal (the Platform will be used only by you), and your identification information is accurate and truthful. You agree to keep confidential your username and password and that you will 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 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.
• You agree to immediately notify Cural 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 Cural at support@cural.org.
• You may be asked to provide additional information to Cural, its affiliated professional entities, or applicable medical provider(s) for the purpose of providing Healthcare Services or fulfilling a prescription. You may elect to withhold requested information; however, if you do so, you may not use the Platform or any other related services.
• You understand and agree that provision of Healthcare Services through the Platform depends on the completeness and accuracy of Your Information. Cural is unable to verify all of Your Information, therefore, Cural is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained; or Cural has reasonable grounds to suspect as much, Cural has the right to suspend or terminate your account and your use of the Services. In addition, Cural may take any and all actions it deems necessary or reasonable to maintain the security of the Platform, Services, and your Secure User account.

You will not use, or encourage, or permit others to use, our Platform except as expressly permitted in these Terms. You will not:

• Use or attempt to use the Platform or the Services for any other person than yourself.
• Access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state, or federal law or regulation, or is prohibited by these Terms.
• “Jailbreak” your mobile operating system. The Platform is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Platform on a mobile phone with a modified operating system may undermine security features that are intended to protect your protected health information (PHI) from unauthorized or unintended disclosure. You may compromise your PHI if you use the Platform on a mobile phone that has been modified. Use of the Platform on a mobile phone with a modified operating system is a material breach of these Terms.
• License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third-party the Platform or related materials in any way.
• Use or access the Platform to create or develop competing products or services or for any other purpose that is detrimental to Cural or puts Cural at a commercial disadvantage.
• Take any action or use the Platform in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Platform or any content, in whole or in part.
• Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Platform or any computer network.
• Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Cural or any of our service providers to protect our Platform.
• Input, upload, transmit, distribute, 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 our Platform, or any other system, device, or property.
• 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 our Platform or any content made available to you on or through our Platform.
• Use any manual process or automated device to monitor or copy any content made available on or through our Platform for any unauthorized purpose except as permitted in Section XIII (Privacy) below.
• 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 Cural or third-party content from the Platform; or
• Encourage or enable any other individual to do any of the foregoing.

Subject to your compliance with these Terms, Cural grants you a personal, limited, revocable, nonexclusive, and non-transferable license to view, download, access, and use the Platform and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by Cural and its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.

The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis, or treatment.

Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug, or medication.

Telehealth uses electronic communications, information technology, and other means to connect patients in one location and licensed, certified, or registered healthcare professionals in another location regarding a clinical matter. Though Telehealth carries potential benefits, like any medical procedure, it also carries potential risks. Please review the full Telehealth Informed Consent which informs you about the treatment methods, risks, and limitations of utilizing Telehealth to meet your health and wellness needs. In order to receive Healthcare Services, you will be required to agree to the Telehealth Informed Consent regarding the use of Telehealth.

By using the Services, you agree and acknowledge that Cural is a beneficiary of the Medical Consent and has the right to enforcement.

When you submit Your Information for Healthcare Services, you agree to pay all fees due. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

Subscription Billing. Cural offers the Services on a recurring subscription basis. Pricing tiers are presented to you at checkout and may include monthly, quarterly, and annual plan options (for example, $79/month, $69/month, or $59/month depending on the plan you select). By enrolling in a subscription, you authorize us to automatically charge your designated payment method on a recurring basis at the then-current price for your plan, plus any applicable taxes, until you cancel. You may cancel your subscription at any time through your account portal or by contacting support@cural.org. Cancellation will stop future renewals; it will not retroactively refund completed billing cycles except as described under the 30-Day Satisfaction Guarantee below.

30-Day Satisfaction Guarantee. If you are not satisfied with your first month of Cural, you may request a refund of the amount charged for your first month by contacting support@cural.org within thirty (30) calendar days of the date you were first charged. The 30-Day Satisfaction Guarantee applies only to a new customer’s initial billing cycle and is limited to one refund per customer. Any medication already dispensed and shipped by the pharmacy cannot be returned for reuse or resale, and the guarantee covers the subscription fee paid by you, not third-party pharmacy costs, shipping charges already incurred, or any separately billed items. Refunds are issued to the original payment method.

Medical Consult Fees. If you receive a medical consultation, medical consult fees are not subject to or eligible for a refund outside of the 30-Day Satisfaction Guarantee described above. We cannot accept returns of prescription products for reuse or resale, and all sales are final. If you believe we have made an error, please contact us through your Cural account portal or email us at support@cural.org.

You understand and agree that you are responsible for all fees due to receive the Services, including any fees charged by medical providers and affiliated medical professional entities. Please be advised that the final charge to your payment method may fluctuate contingent upon the prescribed medication and the chosen pharmacy for order fulfillment. Should any variance arise in the charge, a member of our support team will communicate the details to you. Please be informed that we gather essential payment data, encompassing your payment instrument particulars (such as credit card number) and associated security code, solely for the purpose of facilitating payment processing. All payment information is safeguarded within the secure infrastructure provided by our third-party payment processors (for example, Stripe). For a comprehensive understanding of Stripe’s data privacy practices, you may review the privacy notice available at: https://stripe.com/privacy.

You understand that Cural-affiliated medical professional entities are not contracted healthcare providers with any health insurance plans (commercial, government, or otherwise, i.e., “out-of-network” providers), and therefore, you understand and agree that you are exclusively and solely responsible for paying all fees due to receive the Healthcare Services provided to you, including any fees charged by the medical providers and affiliated medical professional entities. Amounts collected by Cural will include fees charged by medical providers for Healthcare Services. In the event that your credit card expires or Cural, our affiliates, or our third-party payment processors are unable to process your payment, you may receive notice for you to provide an alternative payment method. Cural and/or the medical provider(s) have no obligation to provide any Healthcare Services unless and until full payment has been received and/or verified.

You also understand and agree that, because Cural medical providers are not contracted with any health insurance plan to provide the Healthcare Services, including federal or state government health care programs, like Medicaid and Medicare, any prescription medication ordered by a Cural medical provider may also not be covered.

Cural understands the importance of confidentiality and privacy regarding Your Information. Please see our Privacy Policy for a description of how we may collect, use, and disclose Your Information in connection with the Platform.

As between Cural and you, Cural is the sole and exclusive owner of all right, title, and interest in and to the Platform and its content, features, and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement, and look and feel), and all intellectual property rights therein, and any suggestions, ideas, or other feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Platform shall be owned solely and exclusively by Cural or its licensors, including all intellectual property rights therein. You have permission to use the Platform solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title, or interest in or to the Platform is transferred to you, and all rights not expressly granted are reserved by us or our affiliates.

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

The Platform may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products, or services described therein, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites 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 Linked Sites.

You may have arrived at the Platform through a Linked Site, including a Linked Site controlled by a parent, subsidiary, or affiliate of Cural. You understand and agree that we are not responsible for the information, products, or services described on those Linked Sites and only these Terms will apply to your use of or access to the Platform.

YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM AND THE SERVICES ARE PROVIDED THROUGH THE PLATFORM ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. CURAL AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

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

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE PLATFORM 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.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER CURAL NOR ITS RELATED PERSONS OR LICENSORS WILL 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), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, 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 PLATFORM OR ANY SERVICES PROVIDED THROUGH THE PLATFORM. THIS IS TRUE EVEN IF CURAL OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TO THE EXTENT PERMITTED BY LAW AND SUBJECT TO THIS SECTION, THE TOTAL LIABILITY OF CURAL FOR ANY CLAIMS UNDER THESE TERMS SHALL NOT EXCEED U.S. ONE HUNDRED DOLLARS ($100.00 USD). NOTE THAT SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY OR MAY PLACE LIMITATIONS ON OUR ABILITY TO LIMIT OUR LIABILITY TO YOU, THUS THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold Cural and any of its Related Persons, licensors, and suppliers harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms, (ii) your use of material or features available on the Platform in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.

Cural reserves the right at any time and for any reason to modify, temporarily, or permanently discontinue, the Platform, or any portion thereof, with or without notice. You agree that Cural shall not be liable to you and to any third party for any modification, suspension, or discontinuance of the Platform.

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

We may terminate or suspend any of the rights granted by these Terms and your access to our Platform with or without prior notice, at any time, and for any reason. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Class Action Waiver; and Miscellaneous.

Subject to applicable law, Cural reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Platform pursuant to its internal record retention and/or content destruction policies. After any termination, Cural will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your health records or required to provide you with continuing care under our applicable legal, ethical, and professional obligations to you.

IN THE EVENT OF A DISPUTE, YOU AND CURAL AGREE TO TRY TO RESOLVE IT INFORMALLY FIRST. IF WE CAN’T RESOLVE IT IN 60 DAYS, WE AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY AND ARBITRATE THE CLAIM, INSTEAD OF GOING TO COURT. YOU MAY OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THIS ARBITRATION CLAUSE, AS DESCRIBED BELOW.

You agree to resolve disputes with Cural through binding arbitration, except as described in this Dispute Resolution section (the “Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. Similar disputes may, however, be grouped as a Mass Filing in arbitration.

In agreeing to this arbitration provision, you and Cural agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Cural are instead electing that all disputes will be resolved by arbitration under this Arbitration Clause, except as specified herein. Arbitration awards are subject to very limited judicial review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.

If you use the Services as an individual, you may opt-out of arbitration under ‘Opt-Out’ below within thirty (30) days of first accepting these Terms.

Covered Disputes.You and Cural agree that any dispute or claim between you and Cural arising out of or relating to this Agreement, User Data, the Platform or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your account, or any aspects of your relationship or transactions with Cural. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide, or other multiparty basis.

Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Cural:

• Small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
• Claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to support@cural.org so that we can work together to resolve the Dispute. If the Dispute is not resolved within sixty (60) calendar days of when either you or Cural submitted a Pre-Arbitration Demand, an arbitration can be brought. Informal dispute resolution is a condition precedent to commencing arbitration, but does not apply to claims falling under the exceptions to arbitration.

Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to support@cural.org within thirty (30) calendar days of first accepting these Terms. If you have an account, your opt-out notice must be sent from the email address associated with your account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your account (if you have an account), and a clear statement that you decline this Arbitration Clause.

Arbitration Procedure. If, after completing the informal dispute resolution process, you or Cural wish to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to:

Cural Health LLC
5830 E 2nd St, Ste 7000 #34866
Casper, Wyoming 82609
support@cural.org

Cural will send any arbitration demand to the email address associated with your account or to your counsel, if any. You and Cural agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws of Wyoming governing arbitration procedures, or the state laws governing arbitration procedures where you reside, apply as applicable.

The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, and, where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, in each case as available at https://www.namadr.com/resources/rules-fees-forms. The arbitration will be conducted before a single arbitrator, and the evidentiary hearing may be conducted remotely at the election of either party. This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.

If NAM is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5.

The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Cural and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the ‘Class Action Waiver’, including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

Arbitration Costs & Scope. Except as provided for in a Mass Filing under ‘Batch Process’ below, your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. If a request to proceed in small claims court is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.

Class Action Waiver. You and Cural agree that, except as specified under the Batch Process rules set forth below, you and Cural may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis. The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.

Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Class Action Waiver section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Cural agree that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in the ‘Governing Law; Forum’ section.

Batch Process.25 or more arbitration demands of a substantially similar nature filed within a 180-day period shall constitute a “Mass Filing.” Arbitration demands are of a “substantially similar nature” if they relate to the same event or factual scenario, raise the same or similar legal issues, and seek similar relief. The parties agree as follows with respect to Mass Filings:

• to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batches”), with only one Batch filed, processed, and adjudicated at a time;
• to designate one arbitrator for each Batch;
• to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
• that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior Batch is filed, processed, and adjudicated, unless the Administrative Arbitrator determines that applicable law requires otherwise;
• that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Cural and the claimants, will only be due after your demand for arbitration is included in a Batch that is properly designated for filing, processing, and adjudication; and
• that the Batch process will continue until each demand (including your demand) is adjudicated or otherwise resolved.

Any statutes of limitation will remain tolled while any arbitration demands are held in abeyance. While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administered, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.

The parties will work in good faith with the arbitrator to complete each Batch within 120 calendar days of its initial pre-hearing conference. The parties agree that the Batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.

Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Cural will pay the Administrative Arbitrator’s costs.

This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Cural otherwise consents in writing, Cural does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this ‘Batch Process’ section.

Severability.Except as provided under ‘Class Action Waiver’ above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

Cural reserves the right to remove any content or any other material or information available on or through our Platform, at any time, for any reason. Cural 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 XXII describes the procedure that should be followed to file a notification of alleged copyright infringement with Cural.

Notification of Claimed Copyright Infringement

If you have objections to copyrighted content or material made available on or through our Platform, you may submit a notification to our Designated Agent at the following address: support@cural.org.

Any notification to Cural regarding copyright infringement must include 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 Platform.
• Information sufficient for Cural 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; and
• 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.

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter herein. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.