Terms & Conditions
FAMILY ALLERGY & ASTHMA TERMS OF USE
Effective Date: 06/13/23
We (“Company,” “we,” “us” or “our”) grant you access to our website (“Site”) conditioned on your acceptance of these Terms of Use (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS OF USE CONSTITUTE A LEGALLYBINDING AGREEMENT BETWEEN YOU AND US, AND BY USING THE SITE, YOU AGREE TO BE BOUNDAND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CEASE USING THE SITE IMMEDIATELY.
Privacy Policy
We will treat all personal information that you choose to provide to us through the Site in accordance with our privacy policy (“Privacy Policy”). By using the Site, you consent to the privacy practices set forth in the Privacy Policy, whichis incorporated by reference into these Terms of Use.
Modifications to These Terms of Use
We reserve the right, in our sole discretion, to modify these Terms of Use at any time. We will post all modifications to these Terms of Use on the Site, and they will become effective immediately after being posted to the Site. Yourcontinued use of the Site following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Effective Date of these Terms of Use each time that you visit the Site and review any modifications made since the last time that you visited the Site.
Modifications to the Site
This Site may provide general information about our products and services. Your eligibility for particular products and services is subject to our final determination, restrictions, and acceptance. We may discontinue or make changes to the information, products, licenses, or services described on this Site at any time. We may terminate, change, suspend, ordiscontinue any aspect of the Site at any time without notice to you.
Proprietary Materials
The Site contains forms, content, information, trademarks, and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark, and other intellectual property laws (collectively, “Proprietary Materials”).
You should assume that everything on the Site is Proprietary Materials, and, except as otherwise explicitly provided on certain Proprietary Materials that you may access through the Site, you shall not reproduce, distribute, publicly display,publicly perform, prepare derivative works of, or otherwise use or exploit Proprietary Materials in any way without our prior written consent.
Commercial use of Proprietary Materials is strictly prohibited. All rights not expressly granted herein are reserved to us and our licensors.
Eligibility and Restrictions
The Site is intended for use only by persons who have reached the age of majority in their state of residence. If you are a minor, you must discontinue any further use of the Site.
The Site is intended for use by persons located in the United States. The Site is not intended for use by persons in anyjurisdiction or country where such use would be contrary to applicable laws or regulations. We may restrict youraccess to the Site during times you are located outside of the United States. You are responsible for compliance withall local laws when using the Site.
To access the Site, you will need a working connection to the Internet via a web browser on your computer for which you are responsible for all costs, expenses, and fees.
You agree that you will not yourself or through any third party: (i) use the Site in a manner that violates applicablelaws or the rights of any third parties, including intellectual property laws and related third-party rights; (ii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or which may harm us or other users of the Site; (iii) violate the security of the Site, including by using any device, software, or routine that interferes with the proper functioning of the Site, accessing or attempting to access any systems or servers on which the Site is hosted, modifying or altering the Site in any way, or forging headers, misrepresenting
your identity, or otherwise manipulating identifiers to deceive others; (iv) use automated data extraction tools or manual processes to extract Proprietary Materials from the Site; (v) remove, conceal, or alter any identification, copyright, orother proprietary rights, notices, or labels on the Site or Proprietary Materials; or (vi) engage in any other objectionable conduct as determined in our sole discretion.
Third-Party Sites
We may include links on the Site to third-party websites that we do not control or operate (each, a “Third-Party Site”). We are not responsible for any information, content, advertising, products, services, or other materials on any Third-Party Site, and the presence of such links does not constitute our endorsement, approval, or sponsorship of any Third-Party Site. If you choose to visit any Third-Party Site, you are doing so at your own risk and you will be subject to the terms of that website. Therefore, before interacting with any Third-Party Site, you should consult the legal terms governing the use of such Third-Party Site. We expressly disclaim any and all liability resulting from your use of anyThird-Party Site. We reserve the right to terminate a link to a Third-Party Site at any time.
Disclaimer
THE SITE AND PROPRIETARY MATERIALS ARE PROVIDED “AS-IS,” “WHERE-IS,” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, WE HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL BE ERROR-FREE, THAT DEFECTS,IF ANY, WILLBECORRECTED,OR THAT THE SITE IS
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO WE MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE, OR SUITABILITY OF THE SITE OR PROPRIETARY MATERIALS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT, OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRINGOR (II) DIRECT DAMAGES IN EXCESS OF ONE ($1)
U.S. DOLLAR.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by applicable law.
Indemnification
You agree to indemnify and hold us harmless from and against any and all claims, losses, expenses, demands, orliabilities, including attorneys’ fees and costs, incurred by us in connection with any claim by a third party (includingany intellectual property claim) arising out of your use of the Site in violation of these Terms of Use or in violation ofany applicable law.
You further agree that you will cooperate fully in the defense of any such claims. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without our written consent.
Security
To protect the security of our Site and your information, we may require you to authenticate your identity (i.e., provethat you are who you say you are) to conduct certain transactions on this Site. It is a good idea to protect your security by always closing your web browser after leaving the Site. If you believe that information that you have submitted through the Site has been used without your permission, you must tell us immediately using the contact informationbelow. If you fail to notify us, you may be liable for all unauthorized activity.
Termination / Suspension
We may, without notice to you, immediately terminate or suspend your access to the Site if you breach these Terms ofUse or engage in conduct that we, in our sole discretion, believe is in violation of applicable law or our rights or the rights of other users of the Site.
Upon termination or suspension, you will no longer have any right to use the Site and Proprietary Materials.
Complete Agreement
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to the Site and supersede all prior and contemporaneous agreements, whether oral or written, between us and you with respect to the same. To the extent that the Terms of Use conflicts with any agreements that you may enter into with us to provide a specific product or service, the terms of the agreement for the specific product or service will control.
No failure, omission, or delay on our part to exercise any right under these Terms of Use will preclude any other further exercise of that right or other right under these Terms of Use.
Severability
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use will remain in full force and effect.
Contact Us
If you have any questions about these Terms of Use, please contact our compliance department at 502.465.8209