Site Terms of Use
Acceptance of the Terms of Use
These terms of use are entered into by and between the website Visitor (“Visitor”) and the entities conducting business under the name “Allergy Partners,” including Allergy Partners Management, LLC(“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern Visitors’ access to and use of all websites owned and operated by the Company, including any content, functionality, and services offered on or through any website (“Website“).
Please read the Terms of Use carefully before using the Website. By using the Website, the Visitor accepts and agrees to be bound and abide by these Terms of Use in addition to the Privacy Policy, incorporated herein by reference (“Privacy Policy”). If the Visitor does not agree to these Terms of Use or the Privacy Policy, the Visitor must discontinue access and use the of Website.
Disclaimer
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. The Website and services are not for medical emergencies.
Allergy Partners Management, LLC contracts with the following independent, third-party entities to provide clinical services: Allergy Partners, PLLC; Allergy Partners of California, Inc., Allergy Partners of Colorado, PC; Allergy Partners of NJ, PC; and Allergy Partners of Texas, Inc. The professional clinical services are provided by licensed clinicians, not Allergy Partners Management, LLC.
The information included on the Website is not intended to be, nor should it be construed as, a substitute for medical treatment by a health care professional. The Company does not recommend self-treatment of patients and advises that all decisions regarding medical conditions or patient care be made by a qualified healthcare provider. This Website should not be considered a replacement for a visit or consultation with, or advice from, a physician or other health care provider. No guarantees are expressed or implied as to the accuracy, timeliness, usefulness, currency, or completeness of any information or content accessible on this Website. Visitor agrees to assume full responsibility for any actions taken based on information obtained from this Website.
Individuals with specific questions regarding individual health or treatment options should seek the advice of a physician or other qualified healthcare provider. Please DO NOT disregard physician or other health care provider’s advice or delay seeking treatment based on information found on this Website. If the Visitor thinks they need medical attention, the Visitor should contact their health care provider immediately.
THE COMPANY 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, WITH RESPECT TO USE OF THIS WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Third-Party Resources
This Website contains links to other sites and resources provided by third parties. These links are provided as only a convenience to the Visitor. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from their use. If the Visitor decides to access any of the third-party websites linked to this Website, it’s entirely at the Visitor’s own risk and subject to the terms and conditions of use for such websites.
Intellectual Property
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 the Company, 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 Visitor to use the Website for personal or legitimate business purposes only. Such legitimate business purpose must be in connection with activities as a patient, partner, or client of the Company. Reproduction, distribution, modifications, or creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the material of the Website is prohibited. Limited saving and/or printing of information, such as appointments, receipts, locations, etc. from the Website by the Visitor for personal, limited non-commercial use is permitted for the sole use of the Visitor.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material provided on the Website, and is at the sole discretion of the Company without notice. 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. We may restrict access to parts, or the entire Website, at any time without notice.
To access or use some of the resources on the Website, Visitors may be asked to provide certain registration details or other information, including personally identifiable information, for the purpose of secure information to the Visitor. It is a condition of use of the Website that all the information provided on the Website is correct, current, and complete. Visitor agrees that all information provided to register with the Website, access or consume services of the Website, or the Company outside of the Website or otherwise, including, but not limited to, the use of any interactive features of the Website, is governed by the Privacy Policy and Visitor consents to all actions We take with respect to Visitors information consistent with the Privacy Policy.
Visitor acknowledges that secured information, through the use of the Website, is personal to the Visitor and agrees not to provide any other person with access to the Website and/or portions of it using Visitor’s username, password, or other security information. Visitor agrees to notify the Company immediately of any suspicious and/or unauthorized access to or use of secure information such as, but not limited to, username or password or any other breach of security. Visitors are expected to use caution when accessing areas of the Website to access secured access information from a public or shared computer so that others are not able to view, access, or record usernames, passwords, or other personal information to gain unauthorized access to a visitor’s account.
Prohibited Uses
Visitors may use the Website only for lawful purposes and in accordance with these Terms of Use. Visitors may not 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. Visitors agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website. Visitors further agree not to use any robot (aka bot), spider, or another automatic device, process or means to access the Website for any purpose, including monitoring, copying, or ingesting any of the material on the Website.
Changes to the Website
We may update the content on this Website from time to time without notice, and its content is not necessarily complete or up to date at any given point in time. The possibility exists that information or material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About Visitors to the Website
All information we collect on this Website, including all information for each visit, is subject to the Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH VISITORS USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
Visitor agrees to defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, 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 Visitors violation of these Terms of Use or use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use, or use of any information obtained from the Website.
Linking to the Website and Social Media Features
Visitors have limited authorization to link to the Website, provided doing so is in a way that is fair, truthful, legal and does not damage the Company’s reputation or take advantage of it. Visitors must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
Governing Law and Jurisdiction
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 Federal and the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Asheville and County of Buncombe. Visitors waive all objections to the exercise of jurisdiction over proceedings by such courts and to venue in such courts.
Waiver and Severability
No waiver by the Company of any term or condition set forth in these Terms of Use shall 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 the Company 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 shall 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.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between the Visitor and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Visitors continued use of the Website following the posting of the revised Terms of Use indicates acceptance and agreement to the changes. Visitors are expected to check this page for any changes, as they are binding.
Contact Information
To ask questions or comment about this Terms of Use, or inquire concerning rights under hereunder, including dealings with the Website, you can contact us at:
Allergy Partners
1978 Hendersonville Road
Asheville, NC 28803
info@allergypartners.com
