AllergyEasy Terms and Conditions
AllergyEasy respects the privacy of its users. You agree to adhere to our Privacy Policy, Terms and Conditions and any other policies pertaining to the use of AllergyEasy as posted on our internet site or delivered electronically or in physical form.
Limited Express Warranty
We warrant our AllergyEasy internet site to operate as described, but we cannot guarantee that it will perform free of any interruptions to service or errors.
Disclaimer
Neither AllergyEasy nor its staff, agents, merchants, licensors, or third-party data suppliers warrant that the website or its operation will be accurate or without interruptions or inaccuracies. While AllergyEasy has taken extensive measures to safeguard the privacy and security of information, as delineated in our Privacy Policy, AllergyEasy does not warrant that its site, or the operations of its site, are secure and private. If your interactions with the website cause you to have to repair or replace property, material, equipment or data, AllergyEasy is not liable for these damages. No agent has the right to develop any warranty for the website on behalf of AllergyEasy, and AllergyEasy maintains the privilege of altering any feature of the website at any time.
AllergyEasy does not assume responsibility for the contents of any material featured on the website, and reliance on this content will be done at your own risk.
Without limiting the foregoing, all material featured on AllergyEasy.com is made available as-is without warranty of any type, either express or tacit, covering the reliability of the content contained on the website. AllergyEasy does not warranty the accuracy, comprehensive nature, or timeliness of the website materials (including data, design, and links) nor the results delivered by the website or its services or AllergyEasy goods or services.
You acknowledge that, in connection with the website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, managed, and serviced by third-party local exchange and long distance providers, utilities, internet service suppliers, and others, all of which are beyond the control and stewardship of AllergyEasy. Accordingly, AllergyEasy assumes no liability for or relating to the lag in delivery time, interference with, or contamination of any data transmitted in relation to the use of AllergyEasy.
Liability Limitations
Under no circumstances shall AllergyEasy or any third parties referenced on the website be responsible for any costs or damages (including, without limitation, health damages, incidental and consequential damages, loss of revenue resulting from lost data or obstructions to business activity) resulting from the operation of, or inability to operate, AllergyEasy.com or the website content or security or privacy breaches pertaining to the website operations, whether based on warranty, contract, tort or any other legal mechanism, and whether or not AllergyEasy is alerted of such damages.
AllergyEasy shall be liable to you only for gross negligence or willful misconduct and only for the actual damages that you occurred, not in excess of $100 (one hundred dollars). Because some states or international governments do not accommodate the exclusion or limitation of liability for consequential or incidental losses, this limitation may not be relevant to you. Remedies under these terms are exclusive and are confined to those specifically referenced in these Terms and Conditions.
Indemnification
You agree to defend, indemnify and hold AllergyEasy, its officers, employees, licensors and suppliers, harmless from and against any claims, demands, liabilities and settlements, including, without limitation, legal and accounting fees, that occur due to, or allegedly occur due to, your use of the website in a way that breaches, or is alleged to breach, these Terms and Conditions. AllergyEasy shall alert you promptly of any such claim, suit or action and shall work with you, at your expense, in your defense of any such claim, suit or action.
Copyrights
All content of AllergyEasy is Copyright 2013-2019 AllergyEasy of Arizona, Inc. All rights reserved. AllergyEasy retains full copyright ownership and protection of all material contained on AllergyEasy.com. This extends to all coding. You are permitted to produce individual copies of content displayed on the AllergyEasy website as long as these copies are reserved for personal, non-commercial use and bear the copyright shown on the website.
Except as otherwise delineated in these Terms and Conditions, you may not duplicate, disseminate, display, publish, license, rewrite, create closely related versions of, or sell any content on the website without the express permission of the owner of the copyright. This information may not be reverse-engineered or translated into any language or computer language and redistributed in any form or by any means without the written consent of AllergyEasy.
Trademarks
AllergyEasy is a trademark of AllergyEasy of Arizona, Inc. and is protected by state and federal laws. Trademarks that are added to this website without written permission may be considered a violation of law punishable by civil penalties.
Hyperlinks
The website may include links to other websites operated by other entities. These links are for you your information only and do not constitute an endorsement by AllergyEasy of these third-party websites. AllergyEasy has not examined all of the sites linked to or from AllergyEasy.com and is not liable for the content or reliability of any off-site web pages or any other websites linked to or from the website, nor does AllergyEasy endorse any specific procedures, goods or services that may be referenced on AllergyEasy. You are liable and at risk for your linking to off-site pages or websites and will be subject to the legal specifications of that site.
Unless otherwise prohibited under these Terms and Conditions, you are authorized to create hyperlinks to the AllergyEasy website, provided that the link reliably describes the content as it appears on the site, that it does not harm in any way the goodwill associated with AllergyEasy names and trademarks, and that it does not falsely suggest that your organization is sponsored by or affiliated with AllergyEasy.
AllergyEasy may rescind this authority at any time and may disconnect any hyperlink it wishes. You are expressly forbidden to “frame” the web site or any of its information or copy parts of the site to a server. An exception to this rule is an internet service provider’s (ISP) caching processes. Each page within the website must be shown in full, with all trademarks, branding and advertising materials, without any frame, design, trademark, or promotional embellishments that were not a part of the original website at the time of copying.
Termination
You agree that AllergyEasy may restrict your use of the website if it reasonably determines that you have failed to uphold the letter or spirit of these Terms and Conditions, or violated the rights of AllergyEasy.
Communications
You may give notice to AllergyEasy by electronic mail or in a letter delivered by first-class mail to 3960 E. Palm Street, Mesa, AZ 85215. AllergyEasy may do the same, with mail addressed to your address on record.
General Regulations
The website is operated by AllergyEasy of Arizona, Inc. from its offices in Mesa, Arizona. As such, you agree that exclusive jurisdiction for any disagreement with AllergyEasy or its use lies with Maricopa County courts in the State of Arizona. If any portion of these Terms and Conditions is deemed invalid by any legal court having competent jurisdiction, the invalidity of such portion shall, to the maximum possible extent, not affect the binding nature of the remaining provisions or compromise their full effect. No temporary waiver of these Terms and Conditions shall be deemed an ongoing waiver. Any claim or cause of action that develops in relation to AllergyEasy must be addressed within 365 days after the claim or cause first develops or recourse is prohibited.
Survival
The provisions entitled “Limited Express Warranty,” “Disclaimer of Warranties,” “Liability Limitations,” “Indemnification” and “General Regulations” will survive termination of this agreement.