Effective Date: 9/1/2017
All other questions or comments about the Service should be directed to email@example.com.
1. Nature of the Service.
Allergistic is a service utilized by health care and other physical medicine, wellness, nutrition, and fitness professionals to gather and transmit information from and to their patients and clients. Allergistic is not a health care provider and does not screen material posted by its health care provider customers. No professional relationship is established between Allergistic and users of the Service.
In order to access most features of the Service, you will be required to register by providing information about yourself and, if you are registering on behalf of an entity, information about that entity (such as identification and contact details). You agree that any such information you provide is accurate, complete and updated. You are responsible for maintaining the security and confidentiality of your account password. You are also solely responsible for all activities that occur through your user ID and password. You agree not to access or use, or attempt to access or use, the Site or the service or any part thereof using the identity or the registration data of any person other than yourself and you agree not to provide your account password to any third party. You agree to immediately notify Allergistic of any unauthorized use of your user ID or password.
If you agree to make a payment through use of the software application or the Site, all charges shall be in U.S. dollars. All payments are handled through the Apple iTunes Store,
4. Privacy, HIPAA
If you provide us with any feature requests, comments, suggestions or other feedback (“Feedback”), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.
6. User Content
You agree not to post any of the following in your use of the Service:
a. User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
f. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
g. Any User Content that, in the sole judgment of Allergistic, may expose Allergistic to any harm or liability of any type; or
h. User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
You should save all of your User Content through alternate storage solutions inasmuch as Allergistic does not warrant the security or reliability of its Services and Allergistic has the right to suspend or terminate the Service at any time without preserving your User Content.
7. Consent to Receive Emails and Notice
8. Intellectual Property and Limited License
Allergistic hereby grants you a limited, non-exclusive right to create a text hyperlink to the Service, provided such link does not portray Allergistic, or any of its products and services (including the Service), in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not frame or utilize framing techniques to enclose any Allergistic trademark, logo or other proprietary information, without Allergistic’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in or under any patent, trademark, copyright or any other proprietary right of Allergistic or any third party.
9. Copyright Policy
Allergistic respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Allergistic will also terminate a user’s account if the user is determined to be a repeat infringer.
“Allergistic”, the Allergistic logo and any other product or service name or slogan displayed in or on the Service are trademarks of Allergistic and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Allergistic or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Allergistic” or any other name, trademark or product or service name of Allergistic without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Allergistic and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Allergistic names or logos displayed in, on, or through the Service are the property of their respective owners.
11. Disclaimers and Acknowledgements Regarding Use of Site Information
THE SERVICE IS NOT A SUBSTITUTE FOR, AND DOES NOT PROVIDE, MEDICAL ADVICE. THE SERVICE IS PROVIDED FOR PERSONAL EDUCATIONAL, INFORMATIONAL, CONVENIENCE AND ENTERTAINMENT PURPOSES ONLY AND IS NOT TO BE USED FOR THE DIRECTION OF CARE OF INDIVIDUAL PATIENTS UNLESS OTHERWISE EXPLICITLY SPECIFIED. THE SERVICE IS GENERAL IN NATURE AND IS NOT INTENDED FOR ANY PARTICULAR PURPOSE, INCLUDING, IN ANY WAY, TO BE A SUBSTITUTE FOR A MEDICAL EXAM OR PROFESSIONAL MEDICAL ADVICE, MEDICAL OPINION, DIAGNOSIS OR TREATMENT, SYMPTOM ASSESSMENT, HEALTH COUNSELING OR MEDICAL OPINION FOR END USERS. THE PURPOSE OF THE SERVICE IS LIMITED TO PROVIDING END USERS WITH ACCESS ONLY TO HEALTH INFORMATION AND OTHER INFORMATION STORED BY SUCH END USERS. ALWAYS SEEK THE ADVICE OF APPROPRIATELY QUALIFIED AND REGULATED HEALTH PROVIDERS WITH ANY QUESTIONS YOU MAY HAVE WITH REGARD TO A SPECIFIC MEDICAL CONDITION FOR WHICH YOU ARE CONCERNED. IT IS IMPORTANT NOT TO DISREGARD OR DELAY SEEKING CONSULTATIVE ADVICE BECAUSE OF SOMETHING YOU HAVE READ OR VIEWED WHILE USING THE SERVICE. RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR THE USE OF THE INFORMATION.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALLERGISTIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS OF THE SERVICE. ALLERGISTIC DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE IN OR ON THE SERVICE, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ALLERGISTIC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALLERGISTIC IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS CONTAINED IN OR ON THE SERVICE OR ACCESSED THROUGH THE SERVICE. WHILE ALLERGISTIC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICE SAFE, ALLERGISTIC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS OF THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Allergistic reserves the right to change any and all of its content contained in or on the Service at any time without notice.
12. Limitation of Liability
IN NO EVENT SHALL ALLERGISTIC OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICE OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ALLERGISTIC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ALLERGISTIC’S RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF ALLERGISTIC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICE, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ALLERGISTIC.COM FOR ACCESS TO OR USE OF THE SERVICE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
ALLERGISTIC HAS NO KNOWLEDGE OF YOUR MEDICAL CONDITIONS, AND MAKES NO IMPLIED OR EXPRESS WARRANTIES THAT USE OF VIDEOS OR ANY OTHER INFORMATION PROVIDED BY ALLERGISTIC WILL IMPROVE YOUR HEALTH OR FITNESS. ALLERGISTIC DOES NOT AND CANNOT PRACTICE MEDICINE OR OTHER HEALING ARTS, AND THE TOOLS IT PROVIDES ARE NOT INTENDED TO BE USED BY YOU WITHOUT ACTIVE INVOLVEMENT OF LICENSED HEALTH CARE PROVIDER.
15. Applicable Law and Venue
Neither party may assign this Agreement without the written consent of the other and any attempt to do so shall be void, except that this Agreement may be assigned as part of a merger or acquisition of substantially all of the assets or stock of the assigning party.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Allergistic.
20. Force Majeure.
21. Entire Agreement.