Terms & Conditions

Last Modified: July 19, 2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE SUBMITTING AN ORDER OR USING OUR SERVICES OR OUR WEBSITE.

 I. INTRODUCTION

These terms of use (the “Terms”) describe your rights and responsibilities with regard to the Qured website (the “Website”) owned and operated by Health Technologies Limited and the offer and sale of goods and services to you. In these Terms, “we”, “our”, “us”, and “Qured” collectively refer to Health Technologies Limited. The terms “you” and “yours” refer to the person using the Website and the Services offered through the Website. Use of the Website and Services is governed by these Terms and our Privacy Policy. By accessing or using the Website and Services, 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 Website through a website or mobile application operated or controlled by a third party, including by any affiliate of Qured, you understand and agree that these Terms are entered into between you and Qured.

You agree that when you use or enter the Website, you affirmatively consent to conduct business electronically with Qured and such processes have the same force and effect as your written signature. You agree and consent to Qured, Qured affiliates or 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 Website or Services.

 

II. MODIFICATION OF THE TERMS

 

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 to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Website or Services 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 Website and Services.

 

III. DESCRIPTION OF THE SERVICES

You understand and agree that the Website is intended to facilitate the following services (the “Services”): (a) the sale of diagnostic tests including, but not limited to at-home OTC Covid-19 tests such as the Quidel QuickVue At-Home OTC COVID-19 Test; (b) the provision of real-time supervision of such tests remotely through an audio and video connection, whereby Qured personnel, or persons or entities contracted by Qured, who may be referred to as “Health Advisors” (collectively, “Test Proctors”), will confirm your identity, observe the specimen collection and testing procedures, confirm the test result, and issue to you a test report; and (c) administrative support and communications in connection with scheduling and payment for such services.

You understand that we gather information from you to facilitate the provision of the Services, including information about diagnostic tests undertaken by you, your test results, and personal information (such as your name, address, travel plans, testing location, demographic information, and vaccination status) (collectively, “Your Information”). You give us consent to send and disclose Your Information to the Test Proctors so that you may receive the Services. Further, you consent to our delivery of Your Information to any party that may require the information for reporting or travel purposes, including airlines and airports, third party applications used by airlines and airports, and public health authorities.

The Services, including the diagnostics tests, purchased under these Terms are for your own use and not for resale or distribution to any third party.

 

IV. FDA NOTICE.

The Quidel QuickVue At-Home OTC COVID-19 Test has not been FDA cleared or approved, but has been authorized by FDA under an Emergency Use Authorization (EUA). This Product has been authorized only for the detection of proteins from SARS- CoV-2, not for any other viruses or pathogens. This Product is only authorized for the duration of the declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of COVID-19 under Section 564(b)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. § 360bbb-3(b)(1), unless the declaration is terminated or authorization is revoked sooner.

 

V. VIDEO APPOINTMENT TERMS.

As stated above, the Services include an audio and video appointment during which a Test Proctor will observe your specimen collection and testing procedures and confirm your test result. After you have scheduled an appointment, you may reschedule your appointment at any time up to 24 hours prior to the appointment time you have booked.  Any later requests to reschedule an appointment may be rescheduled at our sole discretion.

You are responsible for prompt attendance of your video consultation appointment at the time you have booked.  If you fail to attend a scheduled appointment, we may cancel your appointment without refund or may reschedule a new appointment at our sole discretion.

You are responsible to ensure that you have a sufficient internet connection and sufficient equipment (laptop or phone) with high quality camera, to effectively attend the video consultation and process test results.  We take no responsibility for failure to complete the video consultation due to above factors.

To enable us to perform the test diagnosis we may require you to produce and send or upload photos or videos of completed tests and identification documentation. You are responsible to ensure that any such photos or videos are in focus and of sufficient quality, contain the information required and are delivered in the time frame specified in our instructions.  We reserve the right to reject any media not meeting the above requirements and we take no responsibility for any failure to produce test results in these circumstances.

 

VI. ELIGIBILITY

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

  1. You must be 18 years or older, provided that you may contract for your dependents under the age of 18 to use the Services.
  2. You live in the United States and in a state or territory where the Services are available.
  3. You agree to be legally bound by and comply with these Terms of Use.
  4. You must have compatible computing and/or mobile devices, access to the Internet, and certain necessary software in order to use the Website. 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 Website. In addition to the above requirements, Qured reserves the right to change or include new requirements as deemed appropriate in our sole discretion without providing prior notice to you.

 

VII. AVAILABILITY

The Services are currently available to individuals located in, or originating travel from, the United States. Availability is subject to change from time to time at the sole discretion of Qured.

 

VIII. REGISTRATION, USER ACCOUNTS, AND USER DATA

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

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

You grant Qured, our service providers, our successors and assigns, the fully transferable and sublicenseable 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 Website 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 Qured using such data.

 

IX. YOUR RESPONSIBILITIES AND ACKNOWLEDGEMENT

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

  1. All Your Information provided through the Website is accurate, complete and correct, and you will accurately maintain and update any of Your Information that you have provided to Qured.
  2. Your permission to use the Website is personal (the Website 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.
  3. You agree to immediately notify Qured 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 Qured at support-us@qured.com.
  4. You may be asked to provide additional information to Qured or its affiliated entities for the purpose of providing Services. You may elect to withhold requested information; however, if you do so, you may not use the Website or any other related Services.
  5. You understand and agree that provision of Services through the Website depends on the completeness and accuracy of Your Information. Qured is unable to verify all of Your Information. Therefore, Qured is not responsible for any consequences if Your Information is inaccurate or incomplete. If Your Information is inaccurate, incomplete, or not maintained, or Qured has reasonable grounds to suspect as much, Qured has the right to suspend or terminate your account and your use of the Services. In addition, Qured may take any and all actions it deems necessary or reasonable to maintain the security of the Website, Services and your account.

 

X. RESTRICTIONS ON USE

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

  1. Use or attempt to use the Website or the Services for any other person than yourself;
  2. Access or use the Website 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;
  3. “Jailbreak” your mobile operating system. The Website is intended for use only on a mobile phone that runs an unmodified manufacturer-approved operating system. Using the Website on a mobile phone with a modified operating system may undermine security features that are intended to protect your information from unauthorized or unintended disclosure. You may compromise your information if you use the Website on a mobile phone that has been modified. Use of the Website on a mobile phone with a modified operating system is a material breach of these Terms;
  4. License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website or related materials in any way;
  5. Use or access the Website to create or develop competing products or services or for any other purpose that is to Qured’s detriment or commercial disadvantage;
  6. Take any action or use the Website in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Website or any content, in whole or in part;
  7. Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Website or any computer network;
  8. Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by Qured or any of our service providers to protect our Website;
  9. 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 Website, or any other system, device, or property;
  10. 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 Website or any content made available to you on or through our Website;
  11. Use any manual process or automated device to monitor or copy any content made available on or through our Website for any unauthorized purpose except as permitted in Section X;
  12. 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 Qured or third-party content from the Website; or
  13. Encourage or enable any other individual to do any of the foregoing.

 

XI. LICENSE AND USE

Subject to your compliance with these Terms, Qured grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, download, access, and use the Website and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Website is transferred to you, and all rights not expressly granted are reserved by Qured or 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.

 

XII. DISCLAIMERS

Qured does not provide any health care services through the Website and is not licensed to practice medicine in the United States. The Website is structured for use specific to the 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 your general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.  If you test positive for Covid-19 or experience any symptoms including fever, cough, or shortness of breath you should seek care from your healthcare provider.

You assume all risk for the suitability of the test results obtained by using the Services hereunder, and the consequences which flow therefrom.

No claims will be submitted by Qured to any government health care or third-party payor for coverage of the Services.

 

XIII. PAYMENT, SHIPPING, RETURNS, TAXES

When you submit Your Information for Services, you agree to pay all fees due. Payment by credit, debit card or other payment apps must be made at the time of purchase. You will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. 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. In the event that your credit card expires or Qured, 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. Qured has no obligation to provide any Services unless and until full payment has been received and/or verified. Qured reserves the right to accept or reject orders in its sole discretion.

Shipping charges will be included at the time of purchase. You assume title and risk of loss when tests are delivered into custody of the carrier. Products are only shipped Monday through Friday. Shipment date and transit time is estimated on Qured’s website but is not guaranteed.

All sales are final. We cannot accept returns of any diagnostic test kits, for reuse or resale. Test kits damaged in transit or found to be incomplete or defective will be replaced at no charge. If you experience difficulty with a test kit, or have a problem with an order or shipment, you should call Customer Service at +1 877-356-2608 or email support-us@qured.com.

You are required to pay all applicable federal, state and local taxes at the time of purchase. If you are tax-exempt, you must provide Qured with a copy of tax-exempt certification prior to purchase.

 

XIV. PRIVACY

Qured 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 Website and the Services.

 

XV. INTELLECTUAL PROPERTY

As between Qured and you, Qured is the sole and exclusive owner of all right, title and interest in and to the Website 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 Website shall be owned solely and exclusively by Qured or its licensors, including all intellectual property rights therein. You have permission to use the Website 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 Website 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 through the Website may constitute trademarks, trade names, services marks or logos (“Trademarks”) of Qured or its affiliates. You are not authorized to use any such Trademarks without the express written permission of Qured or its affiliates. Ownership of all such Trademarks and the goodwill associated therewith remains with us or our affiliates.

 

XVI. LINKS TO THIRD-PARTY HYPERLINKS AND WEBSITES

The Website 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 thereon, 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 our Website through a Linked Site, including a Linked Site controlled by a parent, subsidiary or affiliate of Qured. 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 Website.

 

XVII. DISCLAIMER OF WARRANTIES

YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE AND THE SERVICES ARE PROVIDED THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. QURED AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE 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 WEBSITE OR THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

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

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

 

XVIII. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER QURED 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 CHANGE OR CANCELLATION OF TRAVEL PLANS, 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 WEBSITE OR ANY SERVICES PROVIDED THROUGH THE WEBSITE. THIS IS TRUE EVEN IF QURED 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 QURED AND ITS RELATED PERSONS 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, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

 

XIX. INDEMNIFICATION

You agree to indemnify, defend, and hold Qured 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 Website in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.


XX. MODIFICATIONS TO THE WEBSITE AND SERVICES

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

 

XXI. SUSPENSION AND TERMINATION RIGHTS

The Terms will remain in full force and effect as long as you continue to access or use the Website. You may terminate the Terms at any time by discontinuing use of the Website. Your permission to use the Website 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 Website 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, Qured reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Website pursuant to its internal record retention and/or content destruction policies. After any termination, Qured will have no further obligation to provide the Services, except to the extent we are obligated to provide you access to your records or required to provide you with continuing services under our applicable legal, ethical and professional obligations to you.

 

XXII. GOVERNING LAW; DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND QURED TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM QURED.

 

Governing Law. The Website is controlled and operated by us from England, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of England. These Terms will be governed by English law without regard to conflicts of law principles.

Arbitration Agreement. You and Qured agree that all claims and disputes relating in any way to your use of our Website, or arising out of or in connection with these Terms, shall be resolved by binding arbitration, to the fullest extent permitted by applicable law, on an individual basis, except for disputes which can be resolved in small claims court, any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, or any dispute already pending at the time you first agree to these Terms. You also agree that any arbitration will take place in the state of New York.

 

Waiver of Jury Trial. IN THE EVENT ARBITRATION IS CONTRARY TO APPLICABLE LAW, YOU AND QURED WAIVE ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Qured are instead electing to have claims and disputes resolved by arbitration. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

No Class Arbitrations, Class Actions, or Representative Actions. YOU AND QURED AGREE THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION, WHETHER WITHIN OR OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS BOTH YOU AND QURED AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER QURED USERS.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Any arbitration between you and Qured will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules. The AAA Rules and filing forms are available at www.adr.org.

 

XXIII. MISCELLANEOUS

The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. 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.

 

XXIV. COPYRIGHT INFRINGEMENT CLAIMS

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

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Website, you may submit a notification to our Designated Agent at the following address: support-us@qured.com

Any notification to Qured under 17 U.S.C. § 512(c) alleging 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 Website;

Information sufficient for Qured 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.

 

XXV. CONTACT INFORMATION

If you have any questions or concerns, please contact:

 

Health Technologies Limited

Fourth Floor West

22-25 Eastcastle Street

London W1W 8DF

United Kingdom

support-us@qured.com