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These terms of use are entered into by and between you and AlleRx, Inc., formerly Next Stop Allergy, Inc., a Delaware corporation (“AlleRx,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to, and use of AlleRx affiliated websites, including any content, functionality, and Services (as defined herein) offered on or through www.myallerx.com (the “Website”).
Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.myallerx.com/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet all of these requirements, you must not access or use the Website.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, you must check for updates whenever you access this Website. If you do not agree with our policies and practices, your choice is not to use our Website.
We reserve the right to remove or amend this Website, and any Services, in our sole discretion and without notice to you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
When you create a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Upon signing up for an account, you may be asked to perform a test using our test kit. Your tests and results may be reviewed by a physician with whom AlleRx has contracted to provide consulting services (“Consulting Physician”). Using our test kit, you will collect the biologic sample that will be provided to and tested by one of our testing laboratory partners (“Lab”). You may access the results of your test, along with any other information a Consulting Physician chooses to share with you (collectively, “Test Information”) via your account page. In the event a biologic sample you provide is not suitable for testing either because of the content of the sample or because we believe these Terms have been violated, we reserve the right to withhold results and not provide a refund.
The risks associated with a blood draw are typically minimal. You may experience excessive bleeding, fainting, light-headedness, bruising, hematoma (blood accumulating under the skin), or infection. If you have a history of excessive bleeding or fainting or other adverse side effects from blood draws, please avoid self-collecting a blood sample.
Some professionals you may interact with in connection with our website and with services provided via the Website (“Services”) qualify as “health care providers” under the Health Insurance Portability & Accountability Act (“Health Care Providers” and “HIPAA,” respectively). Such Health Care Providers may require you to review and acknowledge their specific HIPAA Notices of Privacy Practices. Any such terms are between you and such Health Care Provider. We encourage you to review our Privacy Policy, which provides additional information on how AlleRx may use your Personal Data and Protected Health Information (as those terms are defined in HIPAA and the Privacy Policy) and any communications between you and such Health Care Provider.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at support@myallerx.com
DO NOT USE THE WEBSITE FOR EMERGENCY MEDICAL NEEDS. IF YOU OR YOUR LOVED ONE EXPERIENCES A MEDICAL EMERGENCY, OR YOU THINK YOU OR YOUR LOVED ONE MAY BE EXPERIENCING A MEDICAL EMERGENCY, CALL 9-1-1 IMMEDIATELY. THE WEBSITE IS INTENDED TO BE USED TO ENABLE AUTHORIZED USERS TO COMMUNICATE WITH HEALTHCARE PROVIDERS ABOUT THEIR NON-EMERGENCY ALLERGY-RELATED CONDITIONS. THE SERVICES AND ANY MEDICAL SERVICES PROVIDED BY HEALTHCARE PROVIDERS HEREUNDER ARE NOT INTENDED TO BE A REPLACEMENT OR SUBSTITUTE FOR EMERGENCY MEDICAL CARE OR MEDICAL CARE FOR SERIOUS INJURIES IN NEED OF URGENT ATTENTION OR WHERE AN AUTHORIZED USER IS IN OBVIOUS DISTRESS AND IN NEED OF MEDICAL CARE.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by AlleRx, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- You may print or download copies of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If you do so, you acknowledge that you accept the risk that any such copy may be seen or obtained by others, and so misused.
- If we provide desktop, mobile, or other applications for download, you may download copies to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You shall not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You may not, for any commercial purpose, access or use any part of the Website or the Services.
If you wish to make any use of material on the Website other than as set out in this section, please address your request to: support@myallerx.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will immediately terminate and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by AlleRx. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
The AlleRx name, AlleRx logo, and all related names, logos, product and service names, designs, and slogans are trademarks of AlleRx or its affiliates or licensors. You may not use such marks without the prior written permission of AlleRx. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website for lawful purposes only and in accordance with these Terms of Use only. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To exploit, harm, or attempt to exploit or harm anyone, including minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate AlleRx, an AlleRx employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined solely by us, may harm AlleRx or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including his, her, its or their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to lawfully use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not AlleRx, bear full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for AlleRx.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates his, her, or their rights, including intellectual property or privacy rights.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE ANY CLAIMS AGAINST AND HOLD HARMLESS ALLERX AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review any material before it is posted on the Website, however, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions may not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other protected class or characteristic.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a manner sufficiently precise to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Ian Connett
Harris Beach LLP
1 (914) 907-0305
ian@connettpc.com
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA (in other words, if you fail to provide all the information listed above), your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by AlleRx, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of AlleRx. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR TO ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
We may update the content on this Website from time to time, but its content is not necessarily complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you may not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, or their privacy practices, all of which are subject to change at any time without notice to us. We accept no responsibility for the content or practices of sites linked to or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Connecticut in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate or lawful outside of the United States. Access to the Website by certain persons or in certain countries may not be lawful. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, WORMS, TROJAN HORSES, OR OTHER HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL OWING TO YOUR USE OF THE WEBSITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND THE SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALLERX NOR A CONSULTING PHYSICIAN NOR ANY PERSON ASSOCIATED WITH ALLERX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ALLERX NOR CONSULTING PHYSICIANS NOR ANYONE ASSOCIATED WITH ALLERX REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ALTHOUGH CONSULTING PHYSICIANS ARE TRAINED HEALTHCARE PROVIDERS, ALLERX ITSELF IS NOT A HEALTHCARE PROVIDER AND IS NOT QUALIFIED TO NOR DOES IT GIVE MEDICAL ADVICE. THE SERVICES ARE FOR GENERAL INFORMATIONAL PURPOSES ONLY AND ARE DESIGNED TO HELP YOU CONNECT WITH A MEDICAL PROFESSIONAL APPROPRIATE FOR YOUR NEEDS. THE SERVICES ARE NOT A REPLACEMENT FOR EVALUATION BY A LICENSED HEALTHCARE PROFESSIONAL AND THE SERVICES DO NOT CONSTITUTE PROFESSIONAL HEALTHCARE ADVICE, DIAGNOSIS, TREATMENT, SUGGESTIONS, OR RECOMMENDATIONS. ALLERX IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTIONS OF ANY USER, INCLUDING CONSULTING PHYSICIANS’ COMMUNICATIONS WITH USERS CONCERNING THEIR HEALTH OR MEDICAL ADVICE.
TO THE FULLEST EXTENT PROVIDED BY LAW, ALLERX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL ALLERX, ITS AFFILIATES, OR THEIR LICENSORS, CONSULTING PHYSICIANS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, CLAIMS OF PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, PERSONAL INJURY. OR WRONGFUL DEATH, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF ALLERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
AlleRx does not provide any Consulting Physicians’ Services itself. All of the Consulting Physicians are independent of AlleRx and are merely using the Services to communicate with you. Any medical services, information or advice received from a Consulting Physicians comes from the Consulting Physicians, and not from AlleRx. Your interactions with the Consulting Physicians via the Services are not intended to, and they should not, take the place of your relationship(s) with your regular health care practitioner(s).
Neither AlleRx nor any of its licensors or suppliers or any third parties who promote the Services or provide you with a link to the Services shall be liable for any professional advice or medical services you obtain from a Consulting Physicians via the Service nor for any information obtained through our Services. You acknowledge that your reliance on any Consulting Physicians or information provided by the Services is solely at your own risk and you assume full responsibility for all risk associated therewith.
ALLERX DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE KNOWLEDGE, TRAINING, SKILL OR EXPERIENCE OF ANY CONSULTING PHYSICIANS USING THE SERVICES.
You agree to defend, indemnify, and hold harmless AlleRx, its affiliates, licensors, and Consulting Physicians, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use, our Privacy Policy, or your use of the Website, including, but not limited to, your User Contributions, and any use of the Website’s content and Services other than as expressly authorized in these Terms of Use or our Privacy Policy.
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provisions.
Any controversy or claim arising out of or relating to these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, shall be determined by final and binding arbitration by a single arbiter under the Rules of Arbitration of the American Arbitration Association applying Delaware law. Judgment on the arbiter’s award may be entered by any court with jurisdiction of the controversy.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by AlleRx of any term or condition set out in these Terms of Use may be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AlleRx to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
These Terms of Use and our Privacy Policy, constitute the sole and entire agreement between you and AlleRx regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
This website is operated by AlleRx, Inc., 340 Main St., Wallingford, CT 06492.
All notices of copyright infringement claims should be sent to the copyright agent as discussed above.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@myallerx.com.