The provision of our service to you is contingent on your agreement with this Agreement.
The preliminary health evaluation and potential rehabilitation or prevention ideas provided on this website are done solely for informational and recreational purposes based on the information that is available to Curastream, and are not a qualified medical opinion. Reliance on any information provided by Curastream, employees of Curastream, others appearing on this website at the invitation of Curastream, or other visitors to this site is solely at your own risk.
Any speculation by Curastream should not be considered advice or an opinion of a doctor or other health professional about your actual medical state, and you should seek the advice of your physician or other qualified health provider for any symptoms you may have. The content of this website is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
If you are experiencing a health emergency, you should call your local emergency number immediately to request emergency medical assistance. Never disregard professional medical advice or delay in seeking it because of something you have viewed or read on the Curastream Site.
Because we cannot bind a third party to this disclaimer without this consent, you agree that you will use Curastream only to obtain a preliminary health evaluation for yourself. For example, you are not permitted to use our website to evaluate your child’s symptoms or to evaluate the symptoms of any third party whatsoever.
Having read and understood this Agreement, you agree to release Curastream from any liability that it might otherwise incur towards you for death, injury, illness, financial loss, or any other losses. You agree that you are releasing us from any liability that we may otherwise have to you in relation to or arising from this Agreement or our services, for reasons including, but not limited to, failure of our service, negligence, or any other tort. Further, we are not liable for any failure, negligence, or other tortious activities on the part of any third party to whom you may be referred by Curastream, such as a physician, health insurance provider, or pharmacy.
Curastream recommends you connect to wifi when using this website and will not be responsible for any cellular data charges, roaming charges, or any charges whatsoever incurred by you in accessing this website including, but not limited to, streaming video.
If any section or any portion of any section of this Agreement is determined to be unenforceable or invalid for any reason whatsoever, that unenforceability or invalidity shall not affect the enforceability or validity of the remaining portions of this Agreement and such unenforceable or invalid section or portion thereof shall be severed from the remainder of this Agreement.
For jurisdictions that do not allow us to limit our liability: notwithstanding any terms of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with those herein then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies. For example, California residents must, as a condition of this agreement, waive the applicability of California civil code section 1542, which states, “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." You hereby waive this section of the California civil code. You hereby waive any similar provision in law, regulation, or code that has the same intent or effect as the aforementioned release.
You agree to defend, indemnify, and hold Curastream, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any and all claims, actions or demands, liabilities and settlements whatsoever including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of the terms of this Agreement.
You agree to indemnify and hold Curastream, its officers, directors, and employees, harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for a lawyer of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable legal fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial. You must not use Curastream to provide diagnoses or other health information to third parties and this indemnity clause extends to any damages which may be incurred as a result of such unauthorized use of our services.