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Terms of Services - End Allergies Together

The www.EndAllergiesTogether.com website (“site”) is an educational and informational service provided by End Allergies Together, Inc.. This web page represents a legal document and is the Terms of Use (Agreement) for our site. By using our site, you agree to fully comply with and be bound by the following Agreement each time you use our site. Please review the following terms carefully.

Definitions

The terms “us” or “we” or “our” refers to End Allergies Together, the owner of our site. A “Visitor” is someone that browses our site.

All text, information, graphics, design, and data offered through our site are collectively known as our “Content”.

Acceptance of Agreement

This Agreement is between you and End Allergies Together.

THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING AND/OR BROWSING OUR SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR SITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.

Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and End Allergies Together, and supersedes all other Agreements, representations, warranties and understandings with respect to our site and the subject matter contained herein. However, in order for you to use our site, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.

We may amend this Agreement at any time without specific notice to you. The latest Agreement will be posted on our site, and you should review this Agreement prior to using our site. After any revisions to this Agreement are posted, you agree to be bound to any changes to this Agreement. Therefore, it is important for you to visit this page periodically to review the Agreement. Please read this Agreement carefully and save it. If you do not accept this Agreement, do not access and use our site. If you have already accessed our Website and do not accept this Agreement, you should immediately discontinue use of our site.

Limited License

End Allergies Together grants you a non-exclusive, non-transferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our site are solely for internal, personal, non-commercial purposes, unless otherwise provided in this Agreement. No print out or electronic version of any part of our site may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our site, Content and any software provided therein.

Our Relationship to You

This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and End Allergies Together.

Our Intellectual Property

Our site may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our site does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of End Allergies Together.

Our Content, as found within our site is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our site does not grant you any ownership rights to our Content.

Digital Millennium Copyright Act Compliance

Our site will respond quickly to claims of copyright infringement as found in our Content, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512). If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:

1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our site;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements. We will investigate your claim and will notify by the method of contact you used to file your notice with us.

Content Disclaimer

The opinions expressed on our site are not necessarily the opinions of End Allergies Together. Any Blog content provided by our bloggers are of the blogger’s opinion, and is not intended to malign any religion, ethic group, club, organization, company, individual or anyone or anything.

The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date. Similar to any printed materials, the Content may become out-of-date.

We undertake no obligation to update any Content on our site. We reserve the right to make alterations or deletions to the Content at any time without notice.

Sources of Information

Sources used for data cited on our site include, but are not limited to:

Funding statistics from NIH Report published March 7, 2014: http://report.nih.gov/categorical_spending.aspx

Thernstrom, Melanie, “The Allergy Buster”, New York Times Magazine, March 7, 2013.

Stanford School of Medicine, Stanford Alliance for Food Allergy Research.

Branum, Amy M., M.S.P.H., and Lukacs, Susan, L., D.O., M.S.P.H., “Food Allergy Among U.S. Children: Trends in Prevalence and Hospitalizations. NCHS Data Brief, Number 10, October 2008.

Gupta RS, Springston, MR, Warrier BS, Rajesh K, PongracicJ, Holl JL. The prevalence, severity, and distribution of childhood food allergy in the United States. Journal of Pediatrics. 2011.

Centers for Disease Control and Prevention. QuickStats: Percentage of children aged

Jackson, K, et al. Trends in Allergic Conditions among children: United States, 1997-2011. National Center for Health Statistics Data Brief. 2013.

Samson, HA. Update on food allergy. Journal Allergy and Clinical Immunology. 2004 113(5): 805-19.

Errors, Corrections and Changes

We do not represent or otherwise warrant that our site will be error-free, free from viruses or other harmful components, or that we will correct any errors. We do not represent or otherwise warrant that the information available on or through our site will be correct, accurate, timely or otherwise reliable.

We may make changes to the features, functionality or content of our site at any time. We reserve the right in our sole discretion to edit or remove any documents, information or other content appearing on our site.

Financial, Legal and Other Advice Disclaimer

You hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that no professional relationship of any kind is created between you and End Allergies Together. You hereby agree that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our site.

Advertisers and Sponsors Disclaimer

Our site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

THE INCLUSION OF THIRD PARTY ADVERTISEMENTS DOES NOT CONSTITUTE AN ENDORSEMENT, GUARANTEE, WARRANTY, OR RECOMMENDATION BY END ALLERGIES TOGETHER, Inc. AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT ANY PRODUCT OR SERVICE CONTAINED THEREIN.

Merchant and Advertisement Disclaimer

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants.

You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEBSITES OR ANY OTHER WEBSITE LINKED TO OUR WEBSITE.

All rules, legal documents (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant websites. We are not responsible for information provided by you to Merchants. Our relationship to Merchants is solely as independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Warranty Disclaimer

End Allergies Together is not responsible or liable in any manner for any Content posted on our site. End Allergies Together is not responsible for the conduct, whether online or offline, of any user of our site.

Our site may be temporarily unavailable from time to time for maintenance or other reasons. End Allergies Together assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.

End Allergies Together is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our site, including without limitation any software provide through our site.

Under no circumstances will End Allergies Together be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our site, or any interactions between Users of our site, whether online or offline.

End Allergies Together reserves the right to change any and all Content, software and other items used or contained in our site, at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by our site, or by third parties.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. END ALLERGIES TOGETHER, INCLUDING ALL OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR SITE. END ALLERGIES TOGETHER CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. END ALLERGIES TOGETHER DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR SITE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND [OUR COMPANY]. OUR SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability

End Allergies Together, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from our site, (b) any product liability issues to the extent that we are not involved with the manufacturer of the product(s) giving rise to liability, (c) the unavailability or interruption of our site, (d) your use of our site, (e) the content contained on our site, or (f) any delay or failure in performance of our site beyond our control.

IN NO EVENT WILL END ALLERGIES TOGETHER OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SITE, CONTENT, OR ANY RELATED SOFTWARE, ACCESSED THROUGH OR DOWNLOADED FROM OUR SITE, EVEN IF END ALLERGIES TOGETHER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, END ALLERGIES TOGETHER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR SITE ACCESS DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all of your information regarding your use of our site in any manner consistent with our Privacy Policy.

All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, “Submission”) is considered assigned to us and is as such considered our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.

Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Privacy Policy

Our Privacy Policy is considered part of this Agreement. You must review this Privacy Policy by clicking on Privacy Policy link on the menu bar.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Linking to Our Website

You may provide links to our site, provided (a) that you do not remove or obscure, by framing or otherwise, any portion of our site, (b) your website does not engage in illegal or pornographic activities, and (c) you discontinue providing links to our site immediately upon request by us.

Links to Other Websites

Our site may, from time to time, contain links to third party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with, or sponsor such third party websites. Inclusion of links for any website on our site does not mean that we endorse, guarantee, warrant, or recommend the services, information, content and/or data of such third party websites. End Allergies Together has no control over the legal documents and privacy practices of third party websites; as such, you access any such third party websites at your own risk.

Payments

You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the charges incurred, including any surcharge we may incur due to such dishonored payment.

Refund and Return Policy

To the extent that you purchase any goods directly from us, we may refund you your purchase price within thirty (30) days of you notifying us in writing of your desire for the refund, together with the reason for the request, subject to the return of the product to us in substantially the same condition as when purchased. Any refund or return may be subject to restocking fees as found on our site.

Indemnification

You agree to indemnify, defend and hold End Allergies Together and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our site.

Arbitration

Any legal controversy or legal claim arising out of or relating to this Agreement excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

The arbitration shall be conducted in Connecticut, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Connecticut necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs.

General Terms

This Agreement shall be treated as though it were executed and performed in Fairfield, CT, and shall be governed by and construed in accordance with the laws of the State of Connecticut without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Copyright © Orion Systems. This document, or any portion of, may not be copied or duplicated without
the written permission of Orion Systems. http://www.disclaimertemplate.com