Terms of Use | allergyworx

Terms of Use

AllergywoRx Terms of Use Last updated: June 9, 2020

AMONG OTHER ACTIVITIES, ALLERGYWORX' S SERVICES ENABLE COORDINATION AND COMMUNICATION WITH A HEALTHCARE PROVIDER, PROVIDE WEBSITE FEATURES AND OTHER PRODUCTS AND SERVICES TO YOU WHEN YOU VISIT ALLERGYWORX.COM, CONTACT ALLERGYWORX, OR OTHERWISE INTERACT WITH ALLERGYWORX, USE ALLERGYWORX PRODUCTS OR SERVICES, USE ALLERGYWORX APPLICATIONS FOR MOBILE, OR USE ANY SOFTWARE PROVIDED BY ALLERGYWORX IN CONNECTION WITH ANY OF THE FOREGOING (COLLECTIVELY, "ALLERGYWORX SERVICES"). ALLERGYWORX PROVIDES THE ALLERGYWORX SERVICES SUBJECT TO THESE TERMS OF USE. IT DOES NOT REPLACE YOUR RELATIONSHIP WITH ANY PHYSICIAN. THESE SERVICES MIGHT NOT BE APPROPRIATE FOR ALL MEDICAL CONDITIONS OR CONCERNS. IF YOU HAVE A MEDICAL EMERGENCY, IMMEDIATELY CALL YOUR DOCTOR OR DIAL 911.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SERVICES.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE ALLERGYWORX SITES OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE.

IF YOU DO NOT AGREE, DO NOT USE THE ALLERGYWORX SERVICES.

AllergywoRx may amend any part of these Terms of Use at our sole discretion by posting the revised Terms of Use on the AllergywoRx website. You should periodically check these Terms of Use for changes. Your continued use of the AllergywoRx Services following the posting of any changes to these Terms of Use constitutes your acceptance of the terms.

Introduction

Darjen inc. dba AIIMedRx Specialty Pharmacy, AllergywoRx and their respective affiliates (collectively, "AllergywoRx," "we," "us," or "our") own and operate the websites located at www.AllergyWorx.com, (collectively, the "Websites," and together with any related mobile application ("App"), the "Sites"). These sites will facilitate the provision of the Services to registered users. The "Services" may include (i) providing individuals with information on health care and wellness ("Content"); (ii) providing individuals with pharmacy

services; (iii) providing individuals with access to technology-oriented tools for Allergy cessation; (iv) development and gathering of healthcare records and healthcare information with retention of the same for use in healthcare provider appointments, communications, and pharmacy services; (v) administrative support in connection with scheduling, payment for healthcare provider services, and payment for pharmacy services; and (vi) telecommunications support for using the Services as a means of direct access to healthcare providers provided by AIIMedRx and similar affiliated professional entities for communication, consultations, assessments, and treatment by such healthcare organizations and their providers.

Availability

Certain types of our Services are currently only available to individuals located in certain states ("States Where We Operate"). For the current list of States Where We Operate, please visit AllergywoRx.com/available-states.

Eligibility

To qualify to use the Services, the following must be true:

You are age 18 or over.
You are located in a State Where We Operate (depending on the type of Services).
You agree to be legally bound by and comply with these Terms of Use.

You understand and agree that satisfying the above requirements does not guarantee that you will receive Services through AllergywoRx. In addition to the above conditions, AllergywoRx and certain affiliated professional entities reserve the right to change or include new requirements as deemed appropriate in their sole discretion without providing prior notice to you.

Requirements for use

You must have compatible computing and, or mobile devices, Internet access, and specific necessary software to use the Sites. Fees and Charges may apply to your use of mobile services and the Internet.

Special Consent to Telehealth Services

Telemedicine involves the delivery of health care services using electronic communications, information technology, or other means between a health care provider and a patient who is not in the same physical location. Telemedicine may be used for diagnosis, treatment, follow-up and, or related patient education, and may include, but is not limited to:

Electronic transmission of medical records, photo images, personal health information, or other data between a patient and health care provider;
Interactions between a patient and health care provider via audio, video, and/or data communications; and
Use of output data from medical devices, sound, and video files.

The electronic systems used in the Services will incorporate network and software security protocols to protect the privacy and security of health information and imaging data. They will include measures to safeguard the data to ensure its integrity against intentional or unintentional corruption. Please see our Consent to Telehealth available on the Site AllergywoRx.com/consent-to-telehealth for a description of the risks and benefits of telemedicine. The Consent to Telehealth is incorporated into the Terms of Use, with references, and constitutes a part of these Terms of Use.

Privacy

Our Notice of Privacy Practices describes how your health information may be used and disclosed and how you can get access to this information. The AllergywoRx Services are also governed by our Privacy Policy.

Content

All information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, logos, and other material, including but not limited to the selection, coordination, arrangement, and enhancement of such content, contained on any AllergywoRx Service is owned, controlled, or licensed by or to AllergywoRx, and is protected by trade dress, copyright, patent, trademark, and other intellectual property rights and laws. You may not use the AllergywoRx name, any related logos or trademarks, or any of the content described above without the express written consent of AllergywoRx.

Health-Related Content

Please carefully review product information and package inserts regarding dosage, warnings, interactions, and other information before administering or using any device, drug, herb, vitamin, or supplement received through any AllergywoRx Service. For other health-related content provided we try to be as accurate as possible, however such content is for reference only and describes general principles of health care and are not specific instructions for individual patients. If you have any questions about health-related content, please contact us at 855-745-5725 or your prescriber.

License and Access

Subject to your compliance with these Terms of Use AllergywoRx or its content providers grant you a limited, non-exclusive, non-transferable, non sublicensable license to access and make personal and non-commercial use of the AllergywoRx Services. This license does not include any resale or commercial use of any AllergywoRx Service, its contents (including the content described above); any collection and use of any product listings, descriptions, or prices; any derivative use of any AllergywoRx Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use are reserved and retained by AllergywoRx or its licensors, suppliers, publishers, rightsholders, or other content providers. No AllergywoRx Service, nor any part of any AllergywoRx Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AllergywoRx. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information.

(including images, text, page layout, or form) of AllergywoRx without AllergywoRx' s express written consent.

You must be at least 18 years of age to use the AllergywoRx Services. Caregivers who are at least 18 years of age may create an account on behalf of a minor, but minors may not use the AllergywoRx Services. You may not misuse the AllergywoRx Services. You may not post or transmit through any AllergywoRx Service any content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), otherwise injurious to third parties or objectionable, contains or consist of software viruses or any form of "spam" or unsolicited commercial electronic messages. You may use the AllergywoRx Services only as permitted by law. The licenses granted by AllergywoRx terminate if you do not comply with these Terms of Use.

Your Account

You may need your own AllergywoRx account to use certain AllergywoRx Services and may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method for an amount owed that is not covered by insurance (such as copays or cash purchases), we may charge any other valid payment method associated with your account. For your account, you agree to provide and maintain true, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Except as provided in our Notice of Privacy Practices, AllergywoRx reserves the right to refuse service, suspend or terminate your account, terminate your rights to use AllergywoRx Services, remove or edit content in its sole discretion.

Communications with AllergywoRx

When you use AllergywoRx Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications (including emails, texts, mobile push notifications, or notices and messages on

this Web site or through other AllergywoRx Services) by or on behalf of AllergywoRx to any email address, phone number, or mobile device associated with your account or otherwise directly or indirectly provided to AllergywoRx. You can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. These communications may include personal information about your prescriptions, treatment, or benefits, and, in connection with such communications, we may use prerecorded/artificial voice messages and/or automatic dialing devices. If you choose to share access to your mobile phone, carrier account, email, or AllergywoRx account with others those individuals might also be able to see this information. Our Notice of Privacy Practices provides more information on how you may receive communications from us.

App Permissions

When you use apps created by AllergywoRx, you may grant certain permissions to us for your device. You may be able to change the permissions given to us by modifying your device settings.

Disclaimer of Warranties and Limitation of Liability

THE ALLERGYWORX SERVICES AND ALL

INFORMATION, CONTENT, MATERIALS,

PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE

AVAILABLE TO YOU THROUGH THE ALLERGYWORX SERVICES ARE PROVIDED BY ALLERGYWORX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALLERGYWORX MAKES NO REPRESENTATIONS OR WARRANTIES

OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALLERGYWORX SERVICES, OR THE INFORMATION, CONTENT, MATERIALS,

PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE

AVAILABLE TO YOU THROUGH THE ALLERGYWORX

SERVICES, UNLESS OTHERWISE SPECIFIED IN

WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ALLERGYWORX SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ALLERGYWORX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALLERGYWORX DOES NOT WARRANT THAT THE ALLERGYWORX SERVICES, INFORMATION, CONTENT, MATERIALS,

PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THE ALLERGYWORX SERVICES, ALLERGYWORX' S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ALLERGYWORX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ALLERGYWORX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF ANY ALLERGYWORX SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU

THROUGH ANY ALLERGYWORX SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY LAW, IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, ALLERGYWORX IS FOUND TO

BE LIABLE TO YOU, ALLERGYWORX' S LIABILITY WILL

NOT EXCEED THE FEES PAID BY YOU FOR THE PARTICULAR INFORMATION OR SERVICE PROVIDED.

Disputes

Any dispute or claim relating in any way to your use of any AllergywoRx Service, or to any products or services sold or distributed by AllergywoRx or through AllergywoRx.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent: Demi Rodriguez 11940 U.S. HWY 1, Suite 160, Palm Beach Gardens, FL 33408. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778- 7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, AllergywoRx will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any AllergywoRx Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and AllergywoRx.

Site Policies and Modification

AllergywoRx reserves the right to make changes to our web site, policies, and these Terms of Use at any time.

Severability, Waiver, and Entire Agreement

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term. AllergywoRx' s failure to insist upon strict performance of any provision of these Terms of Use and policies will not be construed as an implicit waiver of any provision or right.
These Terms of Use and policies constitute the entire agreement between you and AllergywoRx governing your use of the AllergywoRx Services.

Copyright Infringement Complaints
AllergywoRx respects the intellectual property of others. If you have a copyright concern, please follow our Notice and Procedure for Making Claims of Copyright Infringement

Questions or Additional Information

Email: lnfo@allergywoRx.com