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Terms of use

These Terms of Use were last updated and posted on 6/3/2020

Introduction

This website, located at www.allergyreliefonline.com, and any other sub domains or somains that “point to” this site and mobile application or platform connected or associated with this website, and any information stored therein as well as any products and services offered through any of the foregoing (collectively, “Website”), are owned and operated by Arrow Allergy, a Colorado limited liability company (the “Company,” “we,” “us,” or “our”). The Website provides information, education, and other services and products to a user of the Website (“you” or “Customer”). If you are not of legal age to form a binding contract (in many places, this is 18 years old), then you must get your parent or guardian to read these terms, before you use our Website or provide any information to us; in such case, “you” or “Customer” includes (i) the parent or legal guardian who provides consent to the use of the Website by such minor or uses our service and products on behalf of such minor, and (ii) the minor for whom consent is being provided or on whose behalf the services or products are being utilized. Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.

Acceptance

This Terms of Use document (“Terms of Use” or “Agreement”) is a legal agreement between you and the Company.  It states the terms and conditions under which you may access and use the Website and all written and other information and materials displayed, linked to, or otherwise made available through the Website, including, without limitation, text, pictures, graphics, logos, illustrations, audio clips, video clips, computer software and code, as well as information electronically submitted to us via the Website (collectively, the “Website Content”). Your access to and continued use of the Website constitutes your agreement to be bound by these Terms of Use.  If you do not accept these terms and conditions, or if you are under the age of thirteen (13), you must not access or use the Website. 

When you visit this Website and/or send phone messages, text messages, and/or emails to us, you are communicating with us electronically. As such, you consent to receive communications from us electronically.  The Company will communicate with you by telephone, text, email or by posting notices on this Website.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing.  You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.  

The Company may revise or update the Terms of Use at any time without advance notice by posting here and by sending you an email notification to the last email address you provided to us (if any).  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Website after such changes are posted will signify your acceptance of these revised terms. You should visit this page periodically to review this Terms of Use.  If you do not agree to be bound by all of these terms and conditions, do not use this Website or any service provided by the Company.

Eligibility

You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into agreements including this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality. In addition, to use the Website Content, you agree to comply with this Terms of Use and our Privacy Policy. The Company may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement.

Customer Privacy

The Company understands the importance of maintaining the privacy of your Personal Information. Please review the Company’s Privacy Policy carefully. This describes how the Personal Information about you may be used and disclosed.

Code of Conduct

You agree not to use the Website Content or any service the Company provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of this Agreement.  This includes but is not limited to the following. You will not post or transmit a message or information under a false identity for the purpose of misleading others or impersonating any entity, including, without limitation, any Company representative; engage in unauthorized use of a credit card; post or transmit information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or abusive to any person; post or transmit information that infringes or violates any of the intellectual property rights of others or the privacy or proprietary rights of others; attempt to disrupt the operation of our business through use of methods, including, but not limited to: viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding, spamming or any other similar programs that may damage the operation of another’s computing device or property; upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise; use any of our tools and services in any manner that could damage, disable or impair our services or networks; attempt to gain unauthorized access to any user or Customer Accounts, or computer systems or networks, through hacking, password mining or any other means; use any robot, scraper or other automated or manual means to access any aspect of our website or equipment for any purpose; harvest or otherwise collect information about others, including names, addresses, or e-mail addresses; modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Website, or assist any other person or entity in doing so.

Customer Account

You are not obligated to register with us in order to access and use the Website.  However, certain services of the Website are available only to users who have registered with us or certain other persons affiliated with us, who have been granted accounts (“Customer Accounts”) with usernames and passwords. You represent and warrant that all required registration information you submit regarding your Customer Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). You may delete your Customer Account at any time, for any reason, by following the instructions on the Website. Company may suspend or terminate your Customer Account in accordance with these Terms of Use.

You are responsible for maintaining the confidentiality of your Customer Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Customer Account or any other breach of security.  Company is not liable for any loss or damage arising from your failure to comply with the above requirements regarding your Customer Account.

Termination

Right to Termination: The Company reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the Code of Conduct or this Agreement, including, without limitation, the suspension or termination of the Customer’s access and/or Customer Account, which may involve deletion of any content you have uploaded in connection with your Customer Account. The Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your Customer Account or deletion of any content you uploaded to the Website.

The Company may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, the Company reserves the right at all times to disclose any information as the Company deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion. Further, the Company reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Website to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate Customers’ access or Customer Accounts. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Website or any part or service thereof.

Right to Remedies: You agree that any violation or threatened violation of these Terms of Use constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

Right to Monitor: The Company neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through this Website. However, the Company does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in the Company’s sole discretion, may be illegal, may subject the Company to liability, may violate these Terms of Use, or are, in the sole discretion of the Company, inconsistent with the Company’s purposes for this Website.

Disclaimer

Nature of Content: The Website Content is educational and informational in nature and is provided only as general information and is not medical or psychological or nutritional advice, opinion, diagnosis, treatment or guarantee. The Website is not intended to create and does not constitute any professional relationship between Company (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and does not create any doctor-patient or any other professional relationship with any of the Company’s independent contractors, experts or agents. The Website is not intended to solicit clients or patients; and should not be relied upon as medical, psychological, or other professional advice of any kind or nature whatsoever. Even if those providing information via the Website display professional licensure or other credentials in the healing arts, or cite clinical trials or other medical literature, they are limited to providing information and education, and are not providing any clinical service via the Website. The information provided through the Website should not be used for diagnosing or treating a health problem or disease. The information contained in these communications is not comprehensive and does not include all the potential information regarding the subject matter, but rather, is merely intended to serve as one resource for general and educational purposes.

Information Regarding Dietary Supplements: Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use and consult with your health care professionals.

Testimonials and Endorsements: Consumers generally may not be expected to achieve the same or similar results as others who have used our services and who have subsequently written or recorded video testimonials and endorsements.  We post testimonials for informational purposes only; we do not claim that anyone will experience the same or similar results as mentioned in these writings or videos.  Nor do we claim that a significant number of consumers may obtain similar results.  Results experienced by any one individual who has written a testimonial or endorsement, is not necessarily what any given consumer should expect to experience.  Any information that could be regarded as a testimonial or endorsement on the Website does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you. 

No Guarantee or Warranty: We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Website or through us or through anyone using the Website or trained by us.  We are not liable for any unfair business practices by third parties.

We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the Website Content. The Website is provided on an “as is” and “as available” basis.  We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. If you are dissatisfied or harmed by anything relating to the Website, you may leave the Website and this will be your sole and exclusive remedy.  We (and our suppliers) make no warranty that the Website will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties regarding the Website, we limit all such warranties to thirty (30) days from the date of first use.  Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.  

We do not guarantee that any person’s use of the Website is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Website do not create client-professional relationships and are not the subject of any associated privileges or confidentiality protections. 

No Legal Claims, Warranties or Advice: The Website neither offers nor constitutes legal advice or counsel. The Company makes no claims, guarantees, or warranties with respect to rights or obligations any individual may have with respect to federal or state or other laws or regulations. We do not provide any legal representation or certification that any given individual has any given right or obligation under relevant laws. We cannot guarantee that private individuals or governmental entities will agree with any position that any user of this Website may take.  There is no guarantee that any third party will accord the user any right or courtesy.  Please also see Limitation of Liability, below.

No Credentialing: To the extent the Website lists coaches or other consultants (“Practitioners”), we are merely a directory and do not certify or credential Practitioners and shall not be liable for certifying or credentialing Practitioners.  We make no representations or warranties about any Practitioner, nor do we have any responsibility over, or for supervising, any outside clinical practice such Practitioner may operate.  We do not screen, perform background checks, confirm the qualifications, evaluate, or endorse any Practitioner. The inclusion of a list of Practitioners on the Website does not imply recommendation, referral or endorsement of such Practitioner nor is such information intended as a tool for verifying the credentials, qualifications, or abilities of any Practitioner contained therein; nor do we offer any guarantee, testimonial, endorsement, or validation of credentials of or services provided by the same.

We may receive a fee from Practitioners for use of our platform and technology and various other services.  However, this does not imply endorsement of a particular Practitioner.

We will not be liable for claims for negligent credentialing or negligent supervision of, or for negligence by, any such Practitioner. Any opinions, advice, or information expressed by any person are those of that person and do not reflect our opinions.  We do not recommend or endorse any Practitioner that may be mentioned on the Website.  We do not make any treatment decisions.

You understand that it is your responsibility to check the certification and/or licensing of any healthcare practitioner involved in your care.  Our role is strictly limited to providing access to information for your consideration. You assume all risk of pursuing any course of action following receipt of information by any party. While we make efforts to verify that Practitioners have the background they claim they have, we cannot warrant or guarantee their accuracy.  We are not liable for any loss or damages caused by your reliance on any Website Content including Practitioner profiles.

Limitation of Liability

We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, good will, use data or other intangible losses (whether or not we have been advised of the possibility of such damages)) or damages arising from or relating to these Terms of Use or use or inability to use the Website (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether resulting from: (i) the use of or inability to use the Website, whether based on warranty, contract, tort, or any other legal theory, (ii) any delay, failure, interruption or corruption of our web site or any data or information transmitted in connection with the use of this Website, (iii) personal injury or death caused by your use or misuse of the Website, (iv) the cost of procurement of substitute goods and services resulting from your use of any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from our Website, (v) unauthorized access to or alteration of your transmissions or data, (vi) statements or conduct of any third party on our web site, (vii) any lost profits of Customers for spending any time on the Website or any articles or comments posted on the Website or, (viii) any other matter relating to the Website.  You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Website. Your access to, and use of, the Website is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.  

Notwithstanding the above, our sole liability for any reason to you, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product or service purchased by you from us through the Website or through any other website or source; provided, that any claims arising out of or in connection with your use of the Website must be brought within one (1) year since the event giving rise to such action occurred.  You understand and agree that your use of the Website is predicated upon your waiver of any right to participate in a class action suit for any losses or damages resulting from your use of the Website.

Arrow Allergy, Ltd.
Attn: Privacy Officer
1301 Matthews Way
Erie, CO 80516

Email: tou@onlineallergycare.com

Phone: 720-575-0088

Effective Date: May 2020