Terms of Service

Last updated: October 10, 2022

 

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.

 

These Terms of Service, along with all agreements, disclaimers, and disclosures that are displayed on the Seeking Cure, Inc. website (“Terms”) state the terms and conditions under which you may use the website (located at www.seekingcure.com, the “Site”).  “Seeking Cure”, “we” or “us” mean Seeking Cure, Inc., including any company that Seeking Cure Inc. controls.

By accessing and using this Site in any way, including but not limited to browsing on the Site, clicking on “I agree” or other links in the Site, and/or using the data, text, reports, templates, or any other materials that have been made available on the Site, you indicate that you accept and agree to follow and be bound by these Terms. If you do not agree to follow and be bound by these Terms, do not use this Site!

The Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Seeking Cure, in its sole discretion, may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes.  When changes are made, a new version of the Terms of Service with a “Last Updated” date at the top will be made available on the Site. A link to the Terms of Service is available on every page of the Site and you should check to ascertain if any changes have been made to the Terms of Service each time you use the Site.  By using the site in any way after the amended Terms of Service have been posted, you indicate that you accept and agree to follow and be bound by the amended Terms of Service.

 

The Site Does Not Provide Medical Advice

The contents of the Site, including but not limited to text, graphics, images, information, lists, profiles, and other materials contained on the Site, including Third-Party materials, (collectively, “Content“) are for general informational and entertainment purposes only. The Content is not intended to be a substitute for professional medical advice.  Always consult an appropriately licensed health provider for diagnosis and treatment or with any questions you may have regarding a medical condition.  If you think you may have a medical emergency, call your doctor or 911 immediately.

Listing or mention of any physician, product, study, procedure, or other information does not indicate a recommendation, referral, or endorsement by Seeking Cure.  Seeking Cure does not warrant the accuracy, completeness, or timeliness of the information.  Content and other features are subject to change or termination without notice at the discretion of Seeking Cure. You rely on any information provided by Seeking Cure, Seeking Cure employees, others appearing on the Site at the invitation of Seeking Cure, or other visitors to the Site solely at your own risk.  Seeking Cure and its licensors, suppliers and affiliates, and the directors, officers, agents, and representatives of each, assume no (and hereby disclaim all) responsibility or liability of any kind for any decision you or others made or action taken in reliance on the information from the Site.

 

Ownership

You acknowledge that the Content on the Site is protected by law, including but not limited to U.S. and international copyright law, trademark law, trade secret law, patent law, or other proprietary rights (“Intellectual Property Laws”), as well as other state, federal, and international laws, regulations and treaties, and that these rights are valid and protected in all forms, media and technologies now existing or hereafter developed.  Title to the Content remains with Seeking Cure or its licensors and you agree to comply with all Intellectual Property Laws and you shall not encumber any interest in, or assert any rights to, the Site. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate Intellectual Property Laws.  If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Seeking Cure does not claim any rights in unaltered government data.

 

Use of the Content

You are granted a limited, non-sublicensable license to access and use the Site and download a single copy of the Content solely for your informational, personal, and noncommercial use.  Such license is subject to the Terms and does not include: (1) any commercial use, resale, distribution, or disclosure to anyone else; (2) the modifying or making any derivative uses of Site and/or Content; (3) data gathering or extraction using any data mining, robots, or any other methods of the Site and/or its Content; and/or (4) any use of the Site or Content for other than its intended purpose.  With respect to your permitted copy, you must include the copyright notice located at the end of the material, for example: “©2022, Seeking Cure, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of other items accessible on the Seeking Cure Site may be included elsewhere within the Site and are incorporated into these Terms by reference.  This license granted to you is expressly conditioned on your continued compliance with the Terms and is revocable at any time. Unless expressly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

 

Our Privacy Policy

We consider the protection of our users’ personal data to be important. Therefore, we have adopted a Privacy Policy outlining our personal data collection and use practices. Please refer to it for details about how we collect and use personal information from users of this Site. By agreeing to the Terms, you are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

 

Children’s Privacy

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

 

Links to Other Sites

This Site may contain links to third-party websites. Seeking Cure may also select certain sites as priority responses to search terms you enter and Seeking Cure may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.  These other sites have not been reviewed by Seeking Cure and are maintained by third parties over which we exercise no control.  Seeking Cure does not recommend or endorse, directly or indirectly, the content, including any product, treatment, or service, of any third-party websites linked to the Site. You agree that Seeking Cure is not responsible for the content of any third-party websites (including advertisements) linked to the Site and your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.  Accordingly, we expressly disclaim any responsibility for the content, policies and practices of these other sites and do not make any representations regarding the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of the information, products and services available or advertised on or through these third-party websites.  When leaving this Site, you should be aware that our Terms may no longer govern, and, therefore, you should review the applicable terms and policies of each linked site.

 

Seeking Cure Features

Seeking Cure Features, including but not limited to “Locate Clinical Trials”, “Browse Drugs”, “Search for Events”, “Latest News”, and “Stories” are compiled by Seeking Cure from publicly available databases and/or user submissions.  These Features are intended to provide the public with quick access to information on diseases, doctors, experts, drugs, events, and news.  Neither the databases, nor any part of the data, listings, or any other included elements may be downloaded, republished, or duplicated, in whole or in part, for commercial purposes, purposes of compiling a mailing list, or for any other purposes without the prior express written permission of Seeking Cure. Seeking Cure does not warrant the accuracy, completeness, timeliness, or in any way endorse the individuals or organizations described therein. In no event shall Seeking Cure be liable for any decision made or action taken in reliance on the information contained therein.

 

“Find a Doctor Expert™”

“Find a Doctor Expert™” is compiled by Seeking Cure from publications and references of professional information on doctors and experts on different diseases. It is intended to provide the public with quick access to information on doctors and experts.  Neither the database, nor any part of the data, listings, profiles, or any other included elements may be downloaded, republished, or duplicated, in whole or in part, for commercial purposes, purposes of compiling a mailing list, or for any other purposes without the prior express written permission of Seeking Cure. Seeking Cure does not warrant the accuracy, completeness, timeliness, or in any way endorse the individuals described therein. In no event shall Seeking Cure be liable for any decision made or action taken in reliance on the information contained therein.

 

User Content and Submissions

Personal information that you submit to Seeking Cure is governed by the Seeking Cure Privacy Policy. If there is an inconsistency between these Terms and the Seeking Cure Privacy Policy, these Terms shall govern. The Site contains features, functionality and other interactive areas, including user-generated stories, posting of events, etc. (collectively “Public Areas“) that allow users to post or upload content and other information, including comments, images, questions, reviews, and other materials (the “User Content”).  Users may also upload User Content via our official brand presence on social media platforms and branded hashtags, including, without limitation Facebook, Twitter, Google Plus, YouTube, Instagram, and Pinterest, (collectively “Social Media Platforms“). You agree that you will not post, upload, or transmit any communications or User Content of any type to the Public Areas or Social Media Platforms that infringe or violate any rights of any party. When you submit communications or User Content to the Public Areas or Social Media Platforms, you agree to comply with these Terms.  Seeking Cure reserves the right to remove User Content for any reason, including User Content that we believe violates these Terms or our other policies. By submitting any communications or User Content to the Public Areas or Social Media Platforms, you further agree that such submission is non-confidential for all purposes. It is important to note that Seeking Cure is not responsible for the operation, terms of use or policies of any Social Media Platform. Before using any Social Media Platform you should review its terms of use and policies, including its privacy policy.

If you make any submission or post User Content to a Public Area or a Social Media Platform, you agree that you will not send or transmit to Seeking Cure by email, (including via the form on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea(s), concept(s) or invention(s) to Seeking Cure by email, you agree such submission is non-confidential for all purposes.

If you wish to keep any business information, idea(s), concept(s) or invention(s) private or proprietary, do not submit them to the Public Areas or Social Media Platforms or to Seeking Cure by email. Although we try to answer every email in a timely manner, we are not always able to do so.

If you make any submission, post User Content to a Public Area, or a Social Media Platform or to Seeking Cure by email (including via the form on the “Contact Us” page), including without limitation any business information, stories, patient surveys, reviews, suggestions, feedback, ideas, concepts, inventions, comments, illustrations, and other materials that you disclose or offer to us on or in connection with this Site or any Content (collectively “Submissions”), you automatically grant or warrant that the owner of such content or intellectual property has expressly granted-Seeking Cure a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed.

You hereby assign to us without additional consideration or further obligation, all rights now known or hereafter existing to use, allow others to use, or assign the right to use, the Submissions. You further agree that your Submissions may be used without restriction for any purpose whatsoever, commercial or otherwise, without compensation to you, including the right to use, reproduce, modify, adapt, publish, transmit, publicly perform or display, translate, create derivative works from, or otherwise communicate to the public the Submissions on this Site or elsewhere by us, our assigns or others we have allowed to use your Submissions. You will not assert any proprietary right or moral right of any kind with respect to any Submissions.  Seeking Cure may sublicense its rights through multiple tiers of sublicenses.

You represent and warrant to Seeking Cure that:

  • you own, or are otherwise lawfully authorized to use, all Submissions and portions thereof that you transmit to or through this Site;
  • any Submissions or other communications submitted by you will not contain any of the following material (the “Proscribed Material”):
    • material that violates or infringes in any way upon the rights of others, including statements that may be defamatory, harassment, threatening, libelous, deceptive or fraudulent;
    • material that you know is false, factually misleading or inaccurate;
    • material that discriminates against, ridicules, harasses or disparages, or contains blatant expressions of bigotry against an individual or group for any reason, or on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Seeking Cure deems inappropriate for the Site;
    • material that violates any U.S. or foreign law or regulation, including without limitation any law or regulation governing advertising or testimonials;
    • material that is obscene, derogatory, or violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them;
    • material that promotes violence, firearms, ammunition or weapons designed to inflict serious bodily harm;
    • material that violates any person’s privacy right;
    • material that infringes or violates any person’s copyright, trademark or other intellectual property right;
    • material that does not generally pertain to the designated topic or theme of any Public Area;
    • material that contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services;
    • material that contains a virus or other harmful or disruptive component; and
    • material that Seeking Cure deems, in its sole discretion, objectionable or inappropriate for the Site;
  • Seeking Cure’s use of any Submission, as permitted under these Terms, does not and will not violate any U.S. or foreign law or regulation, including without limitation any law related to advertising or testimonials, any law concerning defamation, libel and privacy, and any copyright, trademark or other intellectual property law, and will not cause injury to any person or entity.
  • You understand and agree that inclusion of any Submissions on the Site is not, and shall not be, an endorsement of any cause, idea, website, interest, products or services.

User Content Guidelines

By using or posting User Content on a Public Area or posting on any Social Media Platform, you agree that you are: (a) the sole creator, own all rights to, and are responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in any Public Area or Social Media Platform, (b) at least 18 years of age, and (c) not infringing on the rights of any third parties.

Seeking Cure and its licensors are not responsible for the consequences of any communications in any Public Area or Social Media Platform. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

As consideration for being allowed to use the Public Areas and Social Media Platforms, you agree that the following actions shall constitute a material breach of these Terms:

  1. Posting material that is unlawful, offensive, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Seeking Cure in its sole discretion;
  2. Using a Public Area or Social Media Platform or posting material that is intended to promote or commit an illegal act of any kind or for any purpose in violation of local, state, national, and/or international laws;
  3. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  4. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  5. Transmitting of unsolicited mass mailing or other forms of spam, junk mail, chain letters, pyramid schemes, or similar;
  6. Posting of advertisements or solicitations of business, that are not expressly authorized by Seeking Cure;
  7. Including or distributing malicious content, such as malware, Trojan horses, viruses or other harmful computer code that interferes with any user’s access to the Site or disrupts the normal functioning of the Site;
  8. Harvesting, scraping or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;
  9. Impersonating, misrepresenting, or allowing any other person or entity to use your identification for posting or viewing comments;
  10. Posting the same note more than once or “spamming”; or
  11. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area, Social Media Platform or the Site, or which, in the judgment of Seeking Cure, exposes Seeking Cure or any of its customers or suppliers to any liability or detriment of any type.

 

Seeking Cure reserves the right (but is not obligated) to do any or all of the following:

  1. Monitor, edit, or disclose any Submission or other communication in the Public Areas or on a Social Media Platform.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the Submission(s) or other communication(s).
  3. Remove or otherwise delete any Submission(s) or other communication(s) which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
  4. Edit or delete any Submission(s) or communication(s) posted on the Seeking Cure Site, regardless of whether such Submission(s) or communication(s) violate these Terms.
  5. Terminate a user’s access to any or all Public Areas and/or the Seeking Cure Site upon any breach of these Terms.

Seeking Cure or its licensors have no liability or responsibility to users of the Seeking Cure Site or any other person or entity for performance or nonperformance of the aforementioned activities.

 

Confidentiality on the Internet

Use of the Internet is solely at your own risk and is subject to all applicable local, state, federal, and international laws and regulations. While we have endeavored to create a secure and reliable site, please be advised that the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, neither we nor our Affiliates are responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on this Site, or for the consequences of any reliance on such information. You must make your own determination as to these matters.

 

Electronic Communications with Seeking Cure

Should you elect to send or receive e-mail communications of any kind to or from Seeking Cure, you represent and warrant to Seeking Cure that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions. You further agree that the information or materials (including any Content) in any e-mail or other electronic communication you receive from Seeking Cure is subject to the provisions of these Terms.

 

Site Monitoring

We reserve the right to view, monitor and record activity on this Site without notice to or permission from you. We may disclose any records, electronic communications, information, materials or other content of any kind: (a) if we believe in good faith that applicable law, regulation or legal process requires it; (b) if such disclosure is necessary or appropriate to operate this Site; or (c) to protect our rights or property or the rights or property of our users and business partners. However, we are not responsible for screening, policing, editing or monitoring this Site. We are committed to complying with all applicable U.S. and foreign laws and regulations, including without limitation copyright and related laws, and expect all Users of this Site to comply with all applicable laws and regulations as well. Using this Site to transmit any Proscribed Materials is expressly prohibited under these Terms.

If it comes to our attention, we discover or we are notified of an allegation that this Site or a Submission contains any Proscribed Materials, then we may, but have no obligation to, investigate the allegation and determine in our sole discretion whether to remove or request the removal of the same from this Site. Notices to us regarding any alleged violation of these Terms or copyright infringement on this Site should be directed to Seeking Cure at the following e-mail address: [email protected].

 

Events Beyond Our Control

You absolve and release us and our Affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of your private health information that you have provided to third parties through links on our Site.

 

Disclaimer

THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE INTENDED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. WHILE WE ENDEAVOR TO PROVIDE ACCURATE, UP TO DATE INFORMATION AVAILABLE, THE CONTENT MAY CONTAIN TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO: (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THIS SITE; AND (B) ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS SITE OR ANY CONTENT WILL ASSIST YOU IN IDENTIFYING A SUITABLE HEALTHCARE PROVIDER OR FOR ANY OTHER PURPOSE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS OR THE APPROVAL OR COMPLIANCE OF ANY SOFTWARE TOOLS WITH REGARD TO THE SITE OR CONTENT.  WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

FURTHER, WE EXPRESSLY DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY WITH RESPECT TO SEPARATE AGREEMENTS YOU MAY MAKE WITH THIRD PARTIES WHO OFFER PRODUCTS OR SERVICES ON OR THROUGH THIS SITE, AND YOU WILL LOOK SOLELY TO THE THIRD PARTIES WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF SUCH AGREEMENTS AND/OR SUCH PRODUCTS OR SERVICES.

 

Limitation of Liability

THE USE OF THE SEEKING CURE SITE IS AT YOUR OWN RISK!

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SEEKING CURE NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OF, RELIANCE UPON, OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE WHETHER OR NOT SEEKING CURE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.  IN THE EVENT OF ANY PROBLEM WITH THIS SITE, CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, YOUR SOLE REMEDY IS TO CEASE USING SUCH ITEM(S).  UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, PROPRIETORS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ATTORNEYS, PREDECESSORS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) ARISING OUT OF USE OF THIS SITE, ANY CONTENT, ARRANGEMENTS MADE BASED ON INFORMATION OBTAINED ON OR THROUGH THIS SITE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THIS SITE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnity

You agree to defend, indemnify, and hold Seeking Cure, its officers, directors, employees, agents, partners, licensors, suppliers, predecessors, successors, and assigns, harmless from and against any claims, proceedings, damages, injuries, actions or demands, liabilities, settlements, losses, costs and expenses including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from:  your use of the Site, your use of or reliance on any Content, any arrangement you make based on the services obtained on or through the Site, or your violation of these Terms.

 

Governing Law

The Terms, and any action in connection with any dispute including any claim involving Seeking Cure or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers related thereto will be governed and interpreted by and under the laws of the State of Delaware.

This Site is controlled and operated by Seeking Cure from its office within the United States. Seeking Cure makes no representation that this Site or the Content are appropriate or available for use outside of the United States, and access to this Site or the Content from territories where their contents are illegal is prohibited. Those who choose to access this Site or the Content from locations outside of the United States do so of their own volition and are responsible for compliance with applicable local laws.

 

Dispute Resolution

Any claim or dispute (including whether the claims asserted are arbitrable but excluding claims for injunctive or other equitable relief as set forth below) arising out of or related to this Agreement or your use of the Site and Content shall be referred to and finally determined by binding and confidential arbitration in accordance with these Terms. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA“).

As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules. Notwithstanding the foregoing, Seeking Cure may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.

You and Seeking Cure must abide by the following rules (“Rules”): (1) ANY CLAIMS BROUGHT BY YOU OR SEEKING CURE MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Seeking Cure will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (4) Seeking Cure also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (5) the arbitrator shall honor claims of privilege and privacy recognized at law; (6) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (7) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (8) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.

The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by Delaware law or United States federal law.

Notwithstanding the foregoing, either you or Seeking Cure may bring an individual action in small claims court. Such claims shall be exclusively brought in the state or federal courts located in Delaware. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Delaware, in order to maintain the status quo pending arbitration, and each party hereby agrees to submit to the exclusive personal jurisdiction of the courts located within Delaware, for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.

With the exception of the Terms prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, entirety of the arbitration provision is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Seeking Cure shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Delaware. By using the Site in any manner, you agree to the above arbitration provision.

For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at:  http://www.adr.org.

 

Waiver

Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

 

Severability

If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Seeking Cure Site, these Terms and the Seeking Cure Privacy Policy constitute the entire agreement between you and Seeking Cure with respect to the use of the Seeking Cure Site, and Content and supersedes any and all prior understandings or agreements between you and Seeking Cure, whether written or oral. You acknowledge that, in providing you access to and use of this Site and the Content, we have relied on your acceptance of the Terms.