Limited Express Warranty
Allergychoices warrants the web site to perform substantially as described on the Web Site; provided, however, that Allergychoices does not warrant that the web site will operate in an uninterrupted or error-free manner.
Disclaimer of Warranties
Allergychoices does not assume any liability for the contents of any material provided on the web site. Reliance on any information presented on the web site is at your own risk. Allergychoices reserves the right to change or discontinue any aspect or feature of the web site at any time.
You acknowledge that, in connection with the web site, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third-party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of Allergychoices. Accordingly, Allergychoices assumes no liability for or relating to the delay, failure, interruption, interception or corruption of any data or other information transmitted in connection with use of Allergychoices.com.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON ALLERGYCHOICES.COM IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE WEB SITE. ALLERGYCHOICES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE WEB SITE, ITS SERVICES OR ALLERGYCHOICES PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL ALLERGYCHOICES OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ALLERGYCHOICES.COM OR THE CONTENT OF THE WEB SITE OR SECURITY OR PRIVACY BREACHES RELATED TO THE OPERATIONS OF THE WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALLERGYCHOICES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALLERGYCHOICES SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. $100 (ONE HUNDRED DOLLARS). BECAUSE SOME STATES AND COUNTRIES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY SPECIFIED IN THESE TERMS AND CONDITIONS.
You agree to defend, indemnify and hold Allergychoices, its officers, directors, employees and agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the web site in a manner that violates or is alleged to violate these Terms and Conditions. Allergychoices shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
The web site may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Allergychoices of the sites, but is for your reference and convenience only. Allergychoices has not reviewed all of the sites linked to or from Allergychoices.com and is not responsible for the content or accuracy of any off-site pages or any other sites linked to or from the web site, nor does Allergychoices recommend or endorse any specific tests, products or procedures that may be mentioned on or represented on Allergychoices. Linking to any other off-site pages or other sites is at your own risk and subject to the Terms and Conditions of Use of that site.
Unless otherwise prohibited under these Terms and Conditions, you are hereby licensed to create hyperlinks to the content on this web site, provided that the hyperlink (1) does not damage or dilute the goodwill associated with Allergychoices names and trademarks, (2) does not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Allergychoices, and (3) accurately describes the content as it appears on the web site.
Allergychoices reserves the right to revoke this license generally, or your right to use specific links, at any time, and may break any hyperlink at its discretion. Under no circumstances may you “frame” the web site or any of its content or copy portions of the web site to a server, except as part of an internet service provider’s incidental caching of pages. Each page within the web site must be displayed in full (including all trademarks, branding, advertising, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the web site.
Allergychoices retains full copyright ownership, rights and protection of all material contained on Allergychoices.com (including all software, and code). Except as otherwise expressly provided in these Terms and Conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works of, transfer, or sell any material contained on the web site without the specific prior written consent of the copyright owner.
You may, however, make single copies of materials displayed on the web site for your own personal and non-commercial use only, provided any copies include the copyright and other notices displayed with the materials on the web site.
None of the material contained on the Allergychoices site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, optical, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the specific prior written consent of Allergychoices.
All content of Allergychoices is Copyright 2012-15 Allergychoices, Inc. All rights reserved.
Allergychoices is a trademark of Allergychoices, Inc. and is protected by state and federal laws. Other trademarks may appear on this web site with permission from their respective owners. Your unauthorized use of trademarks appearing on this web site may constitute a violation of law, which could subject you to substantial civil penalties.
You agree that Allergychoices may terminate your use of the web site if Allergychoices, in its sole reasonable discretion, reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Allergychoices or any third party, or for any reason with or without notice to you. You agree that Allergychoices may modify or discontinue the web site, with or without notice to you. You agree that Allergychoices will not be liable to you or any third party as a result of such modification or discontinuation.
The provisions entitled “Limited Express Warranty,” “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification” and “General Provisions” will survive termination of this agreement.
The Web Site is operated by Allergychoices, Inc. from its offices in Onalaska, Wisconsin. You expressly agree that exclusive jurisdiction for any dispute with Allergychoices, or in any way relating to your use of Allergychoices (“Legal Action”), resides in the courts of the County of La Crosse, State of Wisconsin. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Wisconsin in connection with any such dispute. Any Legal Action that is subject to the jurisdiction of federal courts shall be instituted in a federal court in a Western District of Wisconsin. These Terms and Conditions are governed by the internal substantive laws of the State of Wisconsin, without regard to conflict of law principles. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall, to the maximum practicable extent, not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition unless it expressly so states. Any cause of action you may have with respect to Allergychoices must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Allergychoices may deliver notice to you under these Terms and Conditions by means of electronic mail, a general notice on Allergychoices, or by written communication delivered by first class U.S. mail to your address on record in Allergychoices account information. You may give notice to Allergychoices at any time via electronic mail or by letter delivered by first-class postage prepaid U.S. mail or overnight courier to the following address:
Allergychoices Inc. 2731 National Drive, Onalaska, WI 54650
Attention: Legal Notice
Last updated July 2015