Effective Date: September 7, 2021
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
CUREWHEEL MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT CUREWHEEL MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
As used in this Agreement:
“Account” means a Registered User’s or Donor’s account with the Website through which they can access Reports.
“Report(s)” means datasets containing information related to the hospitals and medical professionals most specialized to treat a Child’s specific cancer diagnosis.
“Child / Children” means any individual up to thirty (30) years old that has been diagnosed with cancer.
“Registered User(s)” means any individual over eighteen (18) that orders a Report and/or creates an optional Account. Registered Users can be a Child’s parent/primary caregiver; family member; friend; cancer navigator; doctor/nurse; or other healthcare professional.
“Donor(s)” means any individual and/or company that makes a single or recurring monetary donation to CureWheel.
“Business Pilot Partner” means a company that enters into a one (1) year financial commitment of a minimum of 500 Reports per quarter to help make Website access free for other Users.
“Donation(s)” means any monetary donation made by a Donor or Business Pilot Partner.
“User(s)” means all individuals that visit and access the Website, including Registered Users, Donors, and Business Pilot Partners.
“You / Your / You’re” means Users.
About The Website
CureWheel’s Website is built to empower families to fight pediatric cancer by providing a platform wherein Registered Users can order and access Reports to better understand the hospitals and medical professionals most specialized to treat a Child’s specific cancer diagnosis. CureWheel’s mission is to provide families facing pediatric cancer detailed contextual information to select top specialists for their child’s exact diagnosis in minutes, helping to optimize the trajectory and shorten the treatment cycle.
About the Reports
The Reports are data visualizations of existing data from the National Library of Medicine, which is part of the National Institute of Health. All Report data is obtained from these sources.
The Report’s reflect an assessment of a given hospital and/or medical professional, based upon the information obtained by CureWheel. Report results are not an endorsement of any particular hospital and/or medical professional, and is not a guarantee of a hospital and/or medical profressional’s quality, competency, or character. Nor are Reports a predictor of the outcome of any matter in which a hospital and/or medical professional is involved. Rather, Reports are intended to be a starting point to gathering information about hospitals and/or medical professionals who may be most specialized to treat a Child’s specific cancer diagnosis.
Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any pre existing Agreement.
You warrant and represent that any and all information that you provide to CureWheel and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and CureWheel makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
CureWheel does not offer medical advice. The information on the Website and Reports available through the same are not intended to be a substitute for medical advice, diagnosis, and/or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you had read on this Website.
Any Report purchased through the Website is to be used at your own risk. CureWheel shall not be liable for any damages that result from the use of, or the inability to use, the information featured within the Reports or for the performance of hospitals and/or medical professionals contained within the Reports.
CureWheel is a for profit organization, set up as a public benefit corporation. Curewheel is not a non-profit organization and any Donation received will not be tax deductible or treated as such by the Internal Revenue Service (“IRS”).
Ownership of Website and License
You acknowledge and agree that CureWheel is the owner of, or has rights in and to, the Website, Reports, and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of CureWheel.
CureWheel hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license. Absent prior written permission from CureWheel, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to CureWheel.
All trademarks (common law or registered) and copyrights (common law or registered) displayed on this Website are the property of their respective owners. Specifically, all photographs featured on the Website are copyrighted and owned by CureWheel, unless otherwise stated. All CureWheel marks are the property of CureWheel, including, but not limited to CureWheel and all CureWheel logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of CureWheel. You are prohibited from using CureWheel’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of CureWheel.
Website Use & Accounts
Visiting the Website is free. Registered Users must answer a questionnaire either about the Child’s cancer diagnosis and/or a type of pediatric cancer to order a Report and receive a secure link. Registered Users that are a Child’s parent/primary caregiver are able to order Reports for free, while all other Registered Users must pay a fee. Registered Users who are a Child’s parent/primary caregiver may also have the option to create an Account. Donors may also create an Account after answering a questionnaire. Through the Account, you will be able to view, change, or delete information from your Account, as well as see your Report orders and control your Account settings.
You have a duty to ensure that the information provided through the Website and within your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through the Website if and when that information changes. You are expressly prohibited from providing information that in any way impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not interfere with or disrupt a third party’s enjoyment and use of the Website. CureWheel reserves the right to restrict access to, monitor, suspend, disable, or delete Users’ information at any time, in its sole discretion, and without prior warning. You agree to hold harmless and indemnify CureWheel for any damages that arise out of or in relation to the use of the Website.
Registered Users and Donors agree to keep their Account secure from unauthorized access. Registered Users and Donors will login to their Account using an e-mail address and a secured link. Registered Users and Donors should not reveal their passwords to others. Registered Users and Donors agree that they alone are responsible for their Account and all associated activities and purchases. Registered Users and Donors accept full responsibility for any and all use of their Account, whether authorized or unauthorized. In the case of unauthorized access to a Registered User’s and/or Donor’s Account, you agree to contact CureWheel immediately. Registered Users agree to hold harmless and indemnify CureWheel for any damages that arise out of or in relation to the use of their Account.
Payment for Reports & Donations
Registered Users that are a Child’s parent/primary caregiver are able to order Reports for free, while all other Registered Users must pay a fee.
When purchasing a Report from or making a Donation to the Website, payments are processed through third-party payment processors, Stripe and Giving Tools. By utilizing Stripe and GivingTools, Users agree that they may be subject to their separate Terms of Service found here and here, respectively.
Donors may elect to make either a single donation or enter into recurring Donations and agree to be charged monthly for each recurring Donation. Donors recurring payments are processed by GivingTools.
CureWheel reserves the right to charge and/or change the service fee at any time. Users agree that they are responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with their use of the Website and purchases made therefrom. You understand and agree that CureWheel will not be held liable for any User’s failure to complete a transaction entered into through the Website.
Anonymous Donors and Right of Publicity
Donors have the option of remaining anonymous when making a Donation to the Website.
For Donors who are not anonymous, those Donors grant CureWheel an unrestricted, worldwide, royalty-free right to use, reproduce, publish, and otherwise distribute Donor’s name in advertising, marketing, and promotion of CureWheel’s Website.
Business Pilot Partner Program
CureWheel’s Business Pilot Partner Program allows Business Pilot Partners the opportunity to make one (1)-year financial commitment of a minimum of 500 reports per quarter ($1 per Report). The Business Pilot Partner is then included as a sponsor on Reports that are emailed to Registered Users, and will be recognized by CureWheel for underwriting the intelligence we use to help families fight cancer.
Business Pilot Partners will be issued a coupon-code by CureWheel for the Business Pilot Partner’s employees to use, as well as for medically underserved communities. This coupon code will be mutually shared via social media, public relations, and email channels.
Business Pilot Partners are invited to give quarterly feedback on future iterations of the CureWheel Website, its design, application, and overall User experience. Business Pilot Partners hereby assign to CureWheel all right, title, and interest to any such feedback, in any and all forms, and all property rights therein, including, without limitation, all patent, copyright, trade secret, moral right, or other intellectual property rights.
Business Pilot Partners grant CureWheel an unrestricted, worldwide, royalty-free right to use, reproduce, publish, and otherwise distribute the Business Pilot Partner’s name, image, likeness, trademark, and/or logo in Reports, advertising, marketing, and promotion of CureWheel’s website.
Business Pilot Partners agree to recurring charges each quarter for the Reports sponsored, charged through the third-party payment processors noted above. Business Pilot Partners can terminate their recurring payments by providing thirty (30) day notice to CureWheel in advance of the next quarter.
To learn more about the Business Pilot Partner Program, visit here, which is incorporated into this Agreement via reference.
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are prohibited from:
Posting or transmitting content that:
Infringes upon the intellectual property rights of others;
Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
Incites any illegal activity or unlawful sexual solicitation;
Relates to weaponry, controlled substances, gambling, or debt collection;
Raises support or defense of anyone alleged to be involved in criminal activity;
Impersonates another or is fraudulent, inaccurate, or misleading;
Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
Intends to collect personal or personally identifiable information from others;
Violates any term or condition of this Agreement;
Using a robot, spider, scraper, or other automated technology to access the Website;
Imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website;
Attempting to gain access to the private data or personal information of a Website user or third party;
Circumventing CureWheel’s technological and physical security measures;
Suggesting an affiliation with or endorsement by CureWheel.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to CureWheel by sending an email to: [insert email address].
The Website is fully accessible via a mobile device. To the extent you access the Website through a mobile device, your wireless carrier’s standard charges, rates, and fees may apply. CureWheel is not responsible for any fees or errors that occur while accessing the Website via mobile device.
If accessing the Website through the integrated mobile application as downloaded from the Apple App Store and/or Google Play Store, Users agree to the following:
This Agreement is entered into between CureWheel and the User only, not Apple and/or Google, and CureWheel is solely responsible for the Website;
The license granted to Users under this Agreement to use the Website is non-transferable;
CureWheel is solely responsible for providing any maintenance and support services with respect to the Website;
CureWheel is solely responsible for any warranties as articulated in this Agreement;
User and CureWheel are solely responsible for addressing any claims relating to product liability; the Website’s failure to conform with any applicable legal or regulatory requirement; and claims arising under consumer protection, privacy, or similar legislation;
In the event of any third-party claim that the Website or User’s possession and use of the Website infringes that third-party’s intellectual property rights, CureWheel is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
Users represent and warrant that they are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country” and that User is not listed on an U.S. Government list of prohibited or restricted parties;
The contact information for CureWheel to which any questions, complaints, and/or claims can be directed is located below;
User must comply with all applicable third-party terms of agreement when using the Website; and
User and CureWheel agree that Apple and Google, and Apple and/or Google’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon the User’s acceptance of this Agreement, Apple and/or Google will have the right to enforce this Agreement against the User as a third-party beneficiary thereof.
Section 230 of Communications Decency Act
You acknowledge and agree that CureWheel is an interactive computer service provider under Section 230 of the Communications Decency Act. Though CureWheel may edit, remove, or control the content displayed through the Website, you agree that CureWheel will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
Third Party & Affiliate Links
You understand that the Website may contain links to third party websites, applications, or services that CureWheel does not own or control. You agree that CureWheel will not be held responsible or liable for the content of third-party websites, applications, or services and that CureWheel’s inclusion of those websites, applications, or services within its Website does not constitute CureWheel’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
From time to time, CureWheel will refer to hospitals, doctors, medical professionals, commercial products, processes, services, experts, and/or websites. Any reference is not intended to be an endorsement or statement that the information provided by the other party is accurate. CureWheel does not endorse any hospital, doctor, medical professional, commercial product, process, service, expert, or website. The views and opinions of affiliates, contributors, and others expressed on this Website do not necessarily state or reflect those of CureWheel and are not intended to be used for product endorsement purposes.
Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. CureWheel may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
Disclaimer of Warranties
CUREWHEEL DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR REPORTS. CUREWHEEL PROVIDES THE WEBSITE, REPORTS, AND SERVICES THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
CUREWHEEL WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. CUREWHEEL IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, ALTERATION, AND/OR DESTRUCTION OF IDENTITY. CUREWHEEL RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
CUREWHEEL WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
Limitation of Liability
CUREWHEEL WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR REPORTS AVAILABLE THEREON, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT CUREWHEEL CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR PRODUCTS OR SERVICES THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO CUREWHEEL, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. CUREWHEEL IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend CureWheel, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or Reports made through the Website, your reliance upon advice provided through the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend CureWheel under the terms of this Agreement will not provide you with the right to control CureWheel’s defense, and CureWheel reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify CureWheel.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. CureWheel may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
Jurisdiction, Governing Law, and Resolution of Disputes
This Agreement will be interpreted, governed, construed, and enforced in accordance with the laws of the United States of America and the State of Texas without giving effect to any conflicts of laws principles. The parties submit to and agree to personal jurisdiction in Texas, with venue proper in Austin, Texas.
YOU AND CUREWHEEL AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF PRODUCTS OR SERVICES FROM CUREWHEEL, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN AUSTIN, TEXAS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF TEXAS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND CUREWHEEL AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF TEXAS. YOU AND CUREWHEEL AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and CureWheel will not knowingly collect personally identifiable information from children under the age of eighteen (18). If CureWheel inadvertently collects such personally identifiable information, CureWheel will delete the personally identifiable information in accordance with its security protocols.
Limitation on Actions
CUREWHEEL AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST CUREWHEEL ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
Reservation of Rights
All rights not expressly granted herein are reserved to CureWheel.
Any notice required by this Agreement must be in writing and must be emailed to: firstname.lastname@example.org.