Terms of Use

1. Acknowledgement and Acceptance of Terms and Conditions

This Website Terms of Use Agreement (“Terms and Conditions”) governs your access to and use of the website located at www.everycure.org and any website that posts an authorized link to these Terms and Conditions (the “Site”), any pages of the Site, and any and all options and services available on or through the Site or otherwise provided by Every Cure (“Company,” “we,” “us” or “our,” whose registered address is located at 345 Park Ave S. 2nd Floor, New York, NY 10010in connection with the Site.  By accessing, browsing, or using the Site, you are indicating that you have read and acknowledge and agree to be bound by these Terms and Conditions, and the Company’s Website Privacy Policy located at www.everycure.org/privacy-policy/ and incorporated herein by reference.  If you do not agree to every provision of these Terms and Conditions and the Company’s Website Privacy Policy, please do not access, browse, or use the Site.

By accepting these Terms and Conditions, you represent and warrant that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) and that, if you have accepted these Terms and Conditions on behalf of any business (such as a corporation, partnership, limited liability company, or other organization) or other entity, you represent and warrant that you have legal authority to do so.

These Terms and Conditions may be revised at any time for any reason, without notice or obligation, by updating this posting.  By accessing, browsing, or using the Site following the posting of changes to these Terms and Conditions, you accept such changes.  You agree to use the Site in a manner consistent with any and all applicable laws, rules, and regulations. Any use of the Site in a manner inconsistent with these Terms and Conditions is deemed unauthorized access and may subject the user to civil or criminal penalties.  We strongly recommend that you periodically visit this page of the Site to review these Terms and Conditions.

2. Medical Disclaimer

THE SITE IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE, AND YOU AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, LOSS, OR DAMAGE ARISING FROM YOUR USE OF THE SITE. COMPANY DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TREATMENT, DRUGS, TESTS PHYSICIANS, PRODUCTS, PROCEDURES, OR OPINIONS. ANY MENTION OF SPECIFIC TESTS, TREATMENTS, RESEARCH STUDIES, OR OTHER INFORMATION THAT MAY BE MENTIONED THROUGH THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE USE OF FDA-APPROVED MEDICATIONS FOR CONDITIONS NOT ORIGINALLY APPROVED (OFF-LABEL USE) SHOULD BE CAREFULLY EVALUATED BY A LICENSED PHYSICIAN. YOUR RELIANCE UPON THE SITE IS SOLELY AT YOUR OWN RISK.

IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. 

3. Right to Use and Access the Site

Company grants to you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and make personal, non-commercial use of the Site in compliance with these Terms and Conditions.  You shall not, and shall not permit anyone else to, directly or indirectly (i) remove or alter proprietary notices or labels on or in the Site or Site Content (defined below); (ii) engage in any activity that interferes with or disrupts the Site or Site Content; (iii) engage in any fraudulent activity or activity that facilitates fraud; or (iv) otherwise act in violation of these Terms and Conditions.  All rights not expressly granted herein are reserved.

4. Site Content

The Site and all material on the Site or contained therein, including without limitation all content, design, algorithms and coding, all text, graphics, and other content on the Site, the Site’s design, algorithms and coding, all computer programs used and licensed in connection with the Site, the look and feel of the Site, and all data and reports generated by the Site (collectively, the “Site Content”), are owned by Company or a third party.  The Site Content is protected under copyright, trademark, service mark, trade secret, or other intellectual property and other proprietary rights and laws. Except as provided herein or any other applicable agreement between you and Company, Company does not grant any express or implied rights to any of the Site Content to you. You may not copy, download, transmit, modify, distribute, or republish the Site or any portion of the Site, including without limitation any of the Site Content, without the prior written consent of Company. You may not sell, publicly display, create derivative works of, reverse engineer, assign, sub-license, transfer, or otherwise exploit the Site or any Site Content.  Use of any Site Content is prohibited without the prior written permission of Company.

Company shall have no liability or responsibility with respect to any lost Site Content, Content, or other data, such as the deletion of or failure to store Site Content, Content, or other data.

5. Legal Requirements

Where Company has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Company may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.  Please see the Company’s Website Privacy Policy located at www.everycure.org/privacy-policy/ for additional information relating to the privacy and security of information collected hereunder.

6. Your Use of the Site

You are solely responsible and liable for all data, information, and other materials (“Content”) that you submit, upload, post, e-mail, or otherwise transmit (“Transmit”) in connection with the Site.  In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site.  IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

• You agree that you will not, and will not permit anyone else to, directly or indirectly:  (a) use the Site in any unlawful manner or Transmit any Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; (b) use the Site to harm minors in any way or to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information, including e-mail addresses, about other users of the Site; (c) Transmit any Content: (i) that you do not have the right to Transmit under any law or contractual or fiduciary relationships, including without limitation any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; (d) forge headers or otherwise manipulate identifiers in order to disguise any Content Transmitted through the Site; (e) interfere with the Site or servers or networks used in connection with the Site; (f) interfere with the ability of others to use the Site; (g) copy, download, transmit, modify, reproduce, sell, resell, sub-license, distribute, publish create derivative works of, reverse engineer, assign, transfer or exploit for any commercial purposes any portion of the Site, the Site Content, or any Content contained therein; (h) conduct your business using the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice; (i) use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Company’s prior written permission; (j) include in any third-party website any hypertext link to any page or location within the Site without Company’s prior written permission; (l) mirror or display the Site or any portion thereof in frames without Company’s prior written permission; (m) impersonate any person or entity, including, but not limited to, other users of the Site, falsely state or otherwise misrepresent your affiliation with any person or entity; (o) use the Site to develop, train, or improve any AI technology; (p) use the Site to provide medical or other professional advice, decisions, or recommendations; or (q) to use the Site in any way that violates any applicable federal, state, local, or international law or regulation.

You acknowledge and agree that Company may disclose or use any Content that you Transmit for the purposes of:  (a) enforcing these Terms and Conditions; (b) complying with any laws, rules, or regulations of any federal, state, or local government or agency; (c) responding to claims that any Content violates the rights of third parties; or (d) protecting the rights or property of Company, its customers, or the public.  With respect to Content that you Transmit to the Site, you grant Company a perpetual, worldwide, royalty-free, nonexclusive license to reproduce, display, publish, modify, distribute and create derivative works of such Content and to allow others to do so; however, Company will only share personally identifiable information that you have not made publicly available in accordance with Company’s Website Privacy Policy at www.everycure.org/privacy-policy/.

7. Linked Sites

Company has not reviewed all of the websites linked to or from the Site and is not responsible for the content of any third-party websites or any other websites linked to or from the Site.  Nothing in the Site, including, without limitation, any links to or from other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by Company.  Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Company reserves the right not to link, or to remove the link, to a particular website at any time.  Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Company. Even if the third party is affiliated with us, Company has no control over these third-party websites and makes no representations or warranties with respect to these third-party websites.  Your viewing and use of any third-party websites is at your sole discretion and risk.

8. Social Media Sites

The Site may also provide links to officially monitored and curated social media sites that also display Company Content. Users of these linked Company social media channels is also subject to these Terms and Conditions, as well as the Terms of Use of the particular social media platform from which you access the content.

Company reserves all rights relating to Company’s social media channels, including, but not limited to: (i) adding, removing or modifying any content; (ii) blocking harassing and disruptive users; and (iii) discontinuing any of our social media channels at any time.

Company does not warrant that the information on these social media channels is complete, reliable, useful, or otherwise accurate. Do not rely solely on the information presented on these social media platforms for medical advice. Further, Company does not create nor control any opinions or statements expressed by others within its social media channels, nor does any action undertaken by Company concerning another user’s content constitute an endorsement of that user or that user’s content.

9. Special Admonitions for International Use

The owner of the Site is based in the State of New York in the United States. Access to the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are located outside the United States and you contact us or provide information through the Site, please be advised that any information you provide to us will be transferred to the United States, and that by submitting information, you explicitly authorize such transfer.

10. Indemnification

You agree to defend, indemnify, and hold Company, its subsidiaries, affiliates, business partners, contractors, clients, and service providers, and their respective officers, employees, agents, licensors, successors, and assigns harmless, to the fullest extent permitted in law or equity, from and against any and all losses, claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and paralegal fees through final appeals, to the extent proximately caused by or resulting from:  (a) your use of the Site; (b) any Content that you Transmit; (c) any violation of these Terms and Conditions by you; (d) any other act or omission by you, including your violation of any rights of another, arising from your use of the Site; (e) your infringement of intellectual property; (f) your use of links to third-party websites; or (g) violations of or any activity related to your account or use of any products or services other than as expressly authorized (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.

11. Company Trademarks

All product and service names appearing in a typeface different from that of the surrounding text or with a trademark symbol are registered or unregistered trademarks and service marks owned by Company or its subsidiaries or affiliates or a third party.  These trademarks and all other trademarks, service marks, logos, and company names (each a “Mark”) used in connection with the Site are the property of Company or third parties and shall remain the property of Company and such third parties. Nothing contained in the Site shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Company or such third party that may own such Mark.  Your misuse of any such Mark, or any other Site Content, is strictly prohibited.

12. Availability and Features

Company reserves the right to withdraw, modify, limit, suspend or amend the Site, and any feature, service or material Company provides on or through the Site, in our sole discretion without notice and without liability to you. Company will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

13. Termination

You acknowledge and agree that Company may terminate your access to and use of the Site for any reason, including without limitation your violation of these Terms and Conditions.  You agree that Company may terminate your access to and use of the Site without prior notice and without any liability to you or any third party. All provisions of these Terms and Conditions that by their nature should survive termination of your right to access and use the Site shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses). Company reserves the right to, but has no obligation to, store or keep copies of any Site Content, Content, or other information, unless otherwise required by law or court order.

14. Disclaimer of Warranties

COMPANY IS PROVIDING THE SITE AND THE SITE CONTENT ON AN “AS-IS,” “AS-AVAILABLE” BASIS.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND TO THE EXTENT THAT THEY MAY BE EXCLUDED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AS TO THE OPERATION OF THE SITE.  COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED, SECURE, OR ERROR-FREE MANNER. THE SITE IS FOR YOUR GENERAL USE ONLY AND SHOULD NOT BE RELIED ON IN MAKING ANY SPECIFIC FINANCIAL, LEGAL, MEDICAL OR OTHER DECISIONS. COMPANY ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, CURRENTNESS, USEFULNESS, OR DECENCY OF THE SITE.  COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, OR LEGALITY OF THE SITE, AND COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  ANY SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITY.

15. Limitation of Liability                                                 

IN NO EVENT SHALL COMPANY, OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY AND NEGLIGENCE) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR OTHER INTANGIBLES, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR CLAIMS OF THIRD PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF OR INABILITY TO USE THE SITE, OR THE INACCURACY OF ANY INFORMATION OBTAINED FROM USE OF THE SITE OR RELIANCE ON SUCH INFORMATION.  YOU SPECIFICALLY AGREE THAT COMPANY IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT, OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE SITE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. IF YOU LIVE IN A JURISDICTION WHOSE LAWS PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, COMPANY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY THE LAW OF THAT JURISDICTION.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATOIN OR EXCLUSION MAY NOT APPLY TO YOU. WHERE PARTICULAR STATES’ OR JURISDICTIONS’ LAWS DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE TOTAL LIABILITY FOR COMPANY FOR ANY REASON WHATSOEVER RELATED TO THE USE OF THE SITE SHALL NOT EXECEE THE AMOUNT OF $100 U.S. DOLLARS.

16. Governing Law and Jurisdiction

Company maintains the Site from its offices in New York, NY, USA and Philadelphia, PA, USA.  These Terms and Conditions and the transactions they contemplate, including without limitation their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of New York, U.S.A. without reference to conflict or choice of law provisions, as applicable to contracts made and performed entirely within such State.  The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in New York, shall not apply. The exclusive forums for the resolution of any dispute relating to these Terms and Conditions shall be the state and federal courts in New York, NY, U.S.A., and you agree to personal jurisdiction of such courts over you with regard to any dispute relating to these Terms and Conditions and agree to service of process on you by e-mail to the address you have submitted on the Site, if any, and by any other means permitted by law.

17. Notice  

All notices, demands, or consents given by you under these Terms and Conditions will be in writing and will be deemed given when delivered to Company at the following contact:  Every Cure, 3675 Market Street, Suite 200, Philadelphia, PA 19104 or [email protected].

Any notices to you may be made via either e-mail or postal mail to the address in Company’s records or via posting on the Site.

Please report any violations of these Terms and Conditions to Company at the contact listed above.

18. Miscellaneous

You may not assign, sublicense, or otherwise transfer any of your rights under these Terms and Conditions.

If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable by any court having competent jurisdiction for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

Headings in these Terms and Conditions are for convenience only and shall have no legal meaning or effect.

YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS OR THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

These Terms and Conditions, and not the conduct between us or any trade practice, shall control the interpretation of these Terms and Conditions between the parties respecting the Site.

Company’s failure to enforce a particular provision of these Terms and Conditions does not mean that Company waives the right to enforce it in the future; Company may waive such a right only in writing.

These Terms and Conditions and all other written agreements duly executed between you and Company in connection with your use of the Site constitute the entire agreement between you and Company with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.

19. Procedure for Making Claims of Copyright Infringement

We expect users of the Site to respect the intellectual property rights of others.  If you believe in good faith that any of the Site Content infringes your copyright, please provide Company’s  DMCA Copyright Agent the written information specified below.

(a)    An electronic or physical signature of the owner, or a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

(b)    A description of the copyrighted work that you claim has been infringed;

(c)    A description of where the material that you claim is infringing is located on the Site;

(d)    Your address, telephone number, and e-mail address;

(e)    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f)    A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

DMCA Copyright Agent

Every Cure

3675 Market Street, Suite 200

Philadelphia, PA 19104

[email protected]