TERMS AND CONDITIONS OF USE
PLEASE READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE, SUBSCRIBING TO THIS SITE AND/OR PARTICIPATING IN ANY OF OUR SERVICES.
By accessing, viewing, or using the content, material, or services available on or through this Site, you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting (“you”), acknowledge that you have read and understand the following terms and conditions (“Terms and Conditions”) and that you, for yourself and on behalf of any person, organization, entity, or employer for which you are acting, agree to them and intend to be legally bound by them. These Terms and Conditions may be changed at any time. Any change to these Terms and Conditions shall be effective when notice of such change is posted. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of such changes. Notice of any new or revised Terms and Conditions will be posted on the Site for at least 60 days after the change. It is the obligation of users visiting the Site before the change to learn of changes to the Terms and Conditions since their last visit. Any change to the Terms and Conditions shall be effective as to any visitor who has visited the Site before the change was made. If you do not agree to all of these Terms and Conditions of Use, do not view or use this site
THE SITE DOES NOT PROVIDE MEDICAL ADVICE.
The Contents of the All Allergies Site, including, but not limitied to text, graphics, images, information obtained from All Allergies’ licensors, and other material contained on the All Allergies Site (“Content”) are for informational and educational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any question you may have regarding a medical condition.
If you think you may have a medical emergency, call your doctor or 911 immediately. All Allergies does not recommend or endorse any specific tests, physician, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by All Allergies, All Allergies employees, others appearing on the Site at the invitation of All Allergies, or other visitors to the Site is solely at your own risk. If you do not agree with the Terms and Conditions of Use, you should cease your use of this site immediately.
All works of authorship, information, content, functional components, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law. Except as explicitly stated on the Site, the entirety of the Site Materials (including, but not limited to, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are All Allergies’ copyrighted works, all rights reserved, or the copyrighted works of All Allergies’ affiliates, licensors, or suppliers. Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited. Any commercial use of any Site Materials, in whole or in part, without the prior written consent of All Allergies, is prohibited. Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to, any Site Materials or any other proprietary information of All Allergies, without All Allergies’ advance written consent, is prohibited. The sole exception to this prohibitions in this paragraph shall be a limited consent for search engines (such as, for example, www.google.com) to index the Site for the sole purpose of making the Site Materials searchable through their services. All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to All Allergies or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law.
Third Party Materials, Products and Services
Parties other than All Allergies may provide products or services on the Site. Use of this Site and the Site Materials and any other material or content on and made available through this Site is entirely at your own risk. All Allergies expressly disclaims any and all responsibility for or related to the products or services provided by or advertised by these third parties or the transactions you conduct or enter into with these third parties. Additionally, this Site may, from time to time, contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. All Allergies expressly disclaims any and all responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on these third-party sites.
Materials Submitted to the Site
This Site is for personal use only. You may not permit anyone other than you to use your user name or password. By submitting information, and content to or using the Site (“User Materials”), you represent that you have the full legal right to provide the User Materials and that use of the User Materials by the Site and all other persons and entities will not (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including, but not limited to, as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, or regulation (collectively, “Law”); (c) be defamatory, libelous or trade libelous, unlawfully threatening, or unlawfully harassing; (d) be obscene, child pornographic, harms minors in any way, indecent, or embarrassing, or which discloses to any third person any private or personal matters concerning any person, all of which shall be determined by All Allergies in its sole discretion.; (e) violate any community or Internet standard; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information, or that facilitate or enable such of that are intended to do any of the foregoing; (g) result in product liability, tort, breach of contract, personal injury, death, or property damage; (h) constitute misappropriation of any trade secret or know-how; (i) post, transmit, or distribute advertisements, promotions, or solicitations without the prior written approval of All Allergies; or (j) constitute disclosure of any confidential information owned by any third party. Upon submission of User Materials, or other material or information to All Allergies, you grant All Allergies a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense the User Materials for the purpose of providing the Site and Site products and services and for all other business purposes of All Allergies, provided that, with respect to multimedia materials, which are User Materials that are not text, such as audio or video files, such license may be terminated by you upon written notice to All Allergies when you delete such multimedia materials from the Site. The scope of the license that you grant to MTS in this paragraph is limited by applicable law. All Allergies may remove User Materials from the Site that are libelous, incorrect, spiteful, or otherwise inappropriate, in All Allergies’ sole discretion. All Allergies shall not be responsible for changes, modifications, or removal any User Materials that you submit to the Site.
Disclaimer of Warranty and Liability
THIS SITE, THE SITE MATERIALS AND USER MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK.
ALL ALLERGIES MAKES NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THIS SITE, THE USER MATERIALS, THE SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, AND THE SERVICES, INFORMATION, INCLUDING BUT NOT LIMITED TO RATING INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL SITE MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE IS WITH YOU.
ALL ALLERGIES SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITH BUT NOT LIMITED TO, LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THIS SITE, THE SITE MATERIALS, THE USER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, AND PRODUCTS OFFERED IN CONNECTION THEREWITH, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF ALL ALLERGIES TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THIS SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THIS SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING SIX MONTHS FOR USE OF THIS SITE.
TO THE EXTENT THAT MATERIALS ON THIS SITE PERTAIN TO MEDICINE, LAW, OR ANY OTHER REGULATED PROFESSION, THEY ARE ON THE SITE FOR INFORMATIONAL PURPOSES ONLY, STRICTLY AS A CONVENIENCE TO THE USER, AND AS A STARTING POINT FOR RESEARCH. NOTHING ON THIS SITE SHALL CONSTITUTE THE PRACTICE OF MEDICINE, LAW OR ANY OTHER REGULATED PROFESSION. USERS ARE DIRECTED TO SEEK COMPETENT ADVICE CONCERNING THESE MATTERS FROM A LICENSED PROFESSIONAL.
Corrections and Changes
All Allergies endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date. Without limiting anything else in these Terms and Conditions or otherwise, All Allergies is not responsible for any errors or omissions in the Site or Site Materials. All Allergies may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time, and All Allergies makes no commitment to update the information contained on or in this Site.
You agree to defend All Allergies and its directors, officers, employees, agents, and contractors (“All Allergies Indemnitees”) against all claims, actions, suits, and other proceedings of third parties (“Claims”) arising out of or incurred in connection with this Site and your use of this Site, your fraud, violation of law, or willful misconduct, or any breach by you of these Terms and Conditions and shall indemnify and hold All Allergies Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of All Allergies.
Liability for Losses Stemming from Use of the Internet
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. Without limiting anything else in these Terms and Conditions or otherwise, neither All Allergies nor its contractors will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
ADVERTISEMENTS, SEARCHES AND LINKS TO OTHER SITES.
NOTICE, TAKEDOWN PROCEDURE, AND COPYRIGHT AGENT
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting All Allergies and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
In an effort to protect the rights of copyright owners, All Allergies maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.
All Allergies is controlled and operated from within he United States of America. All Allergies makes no claims that All Allergies Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the All Allergies Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.
You expressly agree that exclusive jurisdiction for any dispute with All Allergies, or in any way relating to your use of the All Allergies Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving All Allergies or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
Thank you for your cooperation. We hope you find the All Allergies site helpful and convenient to use. For questions or comments regarding this website, including any reports of non-functioning links, please contact us.
Effective: September 2008Content Created/Medically Reviewed by our Expert Doctors