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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms of Use and the Privacy Policy govern your access to and use of the Online Allergies' website (the "Site") and related services (the "Services"), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Site (collectively referred to as "Content"). By using the Online Allergies Site, you signify your assent to these Terms of Use and the Privacy Policy. If you do not agree to all of these Terms of Use or the Privacy Policy, do not use this Site.

Online Allergies may revise and update these Terms of Use or the Privacy Policy at any time. Your continued usage of the Online Allergies website will mean you accept those changes.

Online Allergies reserves the right to modify, suspend, or discontinue the Online Allergies Site for any reason, with or without notice.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The Content of the Online Allergies Site, such as text, graphics, images, information, and other materials contained on the Online Allergies Site are for informational and entertainment purposes only. The Site is not a Health Plan, a Health Care Clearinghouse, or a Health Care Provider, and is not subject to and/or bound by the privacy standards or other provisions of HIPAA.

The Online Allergies Site is not intended to be a substitute for professional medical records, advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Online Allergies Site!

The Online Allergies Site allows users to create profiles that store their name, gender, date of birth, eating habits, blood type, location, allergy lists, and other pertinent information. These profiles and the information they contain are user generated and are only as accurate as the information provided by those users. Online Allergies is not responsible for any data supplied by its users. Each user is solely responsible for the information they provide as well as for updating and maintaining its accuracy. Online Allergies is not responsible for any inaccurate or out of date information supplied by a user and is not responsible for the incorrect display of any information provided. Online Allergies Profiles or Site pages are not intended to take the place of any official medical document or record.

If you think you may have a medical emergency, call your doctor or 911 immediately. Online Allergies does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Online Allergies, Online Allergies employees, others appearing on the Site at the invitation of Online Allergies, or other visitors to the Site is solely at your own risk.

CHILDREN'S PRIVACY

We are committed to protecting the privacy of children. You should be aware the Online Allergies Site is not intended or designed to attract children under the age of 18. By using the Site, you are representing that you are at least 18 years old. A profile for a child under 18 may be created by a parent or legal guardian as part of their primary account and as agreed upon in the Privacy Policy, as amended or revised. If guardianship or appropriateness of posted content for a minor is in question, a profile and/or account may be suspended or deleted at any time as Online Allergies sees fit.

PASSWORDS

The Online Allergies Site has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your Online Allergies password or account. It is your sole responsibility to (1) control the dissemination and use of password(s); (2) authorize, monitor, and control access to and use of your Online Allergies account and password; and (3) promptly inform Online Allergies of any need to deactivate or reset a password. You grant Online Allergies and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. Online Allergies cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Online Allergies tools and Services.

SHARING YOUR CONTENT, INFORMATION, AND MEDIA

Online Allergies does not and cannot review all Content posted to or created by users accessing the Online Allergies Site and is not in any manner responsible for the content of these communications or the activities of these users.

Any information that you provide to Online Allergies is subject to our Privacy Policy which governs our collection and use of your information. You understand that through your use of the Online Allergies Site, Services and Content, you consent to the collection and use (as set forth in our Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Online Allergies. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Online Allergies account, which you may not be able to opt-out from receiving.

The personal information you submit to Online Allergies is governed by the Online Allergies Privacy Policy. To the extent there is an inconsistency between these Terms of Use and the Online Allergies Privacy Policy, these Terms of Use shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, forums, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to Online Allergies by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to Online Allergies by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to Online Allergies by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted Online Allergies a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Online Allergies may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to Online Allergies by email.

You agree to only post or upload Media (like photos, videos, or audio) that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the Online Allergies Site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use or the Online Allergies Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Website.

USER CONDUCT

You may not use Online Allergies for any illegal activity or to violate laws in your jurisdiction. You may not exploit Online Allergies to access unauthorized information.

Users may not post Content to the Online Allergies Site that is unlawful, threatening, libelous or defamatory, violates any party's intellectual property, or is detrimental to the quality or intended purpose of Online Allergies.

Examples of unacceptable Content or behavior on the Service include: cyber bullying, abuse, harassment, engagement in personal character attacks, threats of violence, flaming, intimidation, of any person or organization, or any other threatening behavior; engaging in or contributing to any illegal activity or activity that violates others' rights; providing information that is false, misleading or inaccurate; hacking or modifying the Site to falsely imply an association with Online Allergies; implying or pretending to be affiliated with a company or organization with which you are not affiliated, or misrepresenting the extent of your affiliation or role with an affiliated company or organization; or unauthorized disclosure of personal or proprietary information of another user, person or organization.

Online Allergies has the right, but not the obligation, to limit or revoke the use privileges of anyone who, in Online Allergies' sole discretion, either posts unacceptable Content or engages in unacceptable behavior. At any time Online Allergies can refuse to allow a listing at its sole discretion.

You may not submit Content using unauthorized automated methods (including but not limited to "bots").

Online Allergies cannot control all Content posted by third parties to the Online Allergies Site and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Online Allergies Site you may be exposed to Content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will Online Allergies be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. If you would like to report objectionable materials, you may contact Online Allergies via email at [email protected].

COPYRIGHT AND OWNERSHIP

Online Allergies owns intellectual property rights to any protectable part of the Online Allergies Site and Services, including but not limited to the design, trademark and service mark, artwork, functionality, and documentation. You may not copy, modify, or reverse engineer any part of the Site owned by Online Allergies.

By posting Content to the Site, you hereby represent and warrant that you have the right to post that Content and to grant the usage rights set forth in these Terms of Use to Online Allergies (and its affiliates and sublicensees).

Online Allergies is not liable for any damages or losses resulting from the use of the Online Allergies Site, Services and Content, or the transmitting of information such as personal messages over unencrypted networks such as email.

Online Allergies respects the intellectual property of others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who repeatedly infringe others' rights or violate these Terms of Use.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Online Allergies via email or in writing.

email: [email protected]
address: Online Allergies, Inc.
Attn: Copyright
PO Box 2105
Toluca Lake, CA 91610

LIMITATION OF LIABILITY

The use of the Online Allergies Site, Services and Content is at your own risk. The Online Allergies Site, Services and Content are provided "AS IS" and "AS AVAILABLE", "WITH ALL FAULTS", and WITHOUT ANY GUARANTIES OR WARANTIES, EXPRESS OR IMPLIED. Online Allergies will not be responsible or liable for any harm to your computer system, mobile device, loss of data, or other harm that results from your access to or use of the Site, Services, or any Content. You also agree that Online Allergies has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Online Allergies or through the Services, will create any warranty not expressly made herein.

In no event shall Online Allergies, its officers, agents, employees, contractors, licensees, suppliers, or any third parties mentioned on the Online Allergies Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) or other harm for which damages are sought, resulting from the use of or inability to use the Online Allergies Site, Services or Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Online Allergies, its officers, agents, employees, contractors, licensees, suppliers, or any third parties mentioned on the Online Allergies Site are advised of the possibility of such damages. Online Allergies, its officers, agents, employees, contractors, licensees, suppliers, or any third parties mentioned on the Online Allergies Site are not liable for any personal injury, including death, caused by your use or misuse of the Online Allergies Site, Services, or Content.

ADVERTISEMENTS, SEARCHES, AND LINKS TO OTHER SITES

Online Allergies may provide links to third-party websites. Online Allergies does not recommend and does not endorse the content on any third-party websites. Online Allergies is not responsible for the content of linked third-party sites, sites framed within the Online Allergies Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. Online Allergies does not endorse any product, service, or treatment advertised on the Online Allergies Site.

INDEMNITY

You agree to defend, indemnify, and hold Online Allergies, its officers, directors, employees, agents, contractors, licensees, and suppliers, harmless from and against any and all claims, lawsuits, judgments, costs, expenses, losses, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, the Privacy Policy, or your use of the Site and Services.

WAIVER AND SEVERABILITY

The failure of Online Allergies to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

CONTROLLING LAW AND JURISDICTION

These Terms of Use and any action related thereto will be governed by the laws and Court decisions of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Online Allergies Site, Services and Content will be brought solely in Los Angeles County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms of Use on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms of Use and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

GENERAL

Online Allergies is based in Burbank, California in the United States of America. The Online Allergies Site is not intended for use outside of the United States of America and makes no claims that the Online Allergies Site and its Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Online Allergies Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

COMPLETE AGREEMENT

These Terms of Use and the Privacy Policy, as those may be amended or revised from time to time, constitutes the entire agreement between you and Online Allergies pertaining to use of the Online Allergies Site, Services and Content, and supersedes any and all previous agreements, written or oral, between you and Online Allergies, including previous versions of these Terms of Use.

If you have any questions about these Terms or Use or the Online Allergies site, please contact us by email or writing to us:

email: [email protected]
address: Online Allergies, Inc.
Attn: Support
PO Box 2105
Toluca Lake, CA 91610

Last updated:

07/09/2012