Terms and Conditions
Effective date: February 1, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the allergyforce.com website and the Allergy Force mobile application (together, or individually, the "Service") operated by Allergy Force LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions then you do not have permission to access the Service.
Furthermore, you are not permitted to access the Service if you are a direct competitor, except with Allergy Force LLC’s prior written consent. Additionally, the Service may not be accessed for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
Service means the allergyforce.com website and the Allergy Force mobile application both owned and operated by Allergy Force LLC.
Allergy Force LLC is the Provider of the Service.
Application (or App)
Application (or App) is the Allergy Force mobile device application operated by Allergy Force LLC.
Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).
When you download the Application for the purpose of accessing the Service, you provide Personal Data. Account means the entirety of Personal Data you provide to enable your use of the Service. The Personal Data underlying your Account may include, but is not limited to, your email address, first and last name, user name, phone number, address including the street, city, state, province, country and zip/postal code, and allergy profile.
Your User Name is the name you provide when you set up your Account that will be linked to and included with your allergy profile.
Your Allergy Profile is the list of food allergies you select that enable your use of the Application. Your Allergy Profile includes the User Name you provide when you set up your Account. You may opt to make your Allergy Profile private or public and can modify this selection at any time at your discretion.
User Generated Content (UGC)
Information, text, graphics, videos, or other material the Service allows you to post, link, store, share and otherwise make available through the community features of the Service.
Allergy Force Generated Content (AFGC)
Information, guidance, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials Allergy Force LLC or its partners and/or affiliates make available through the Service.
Apple App Store
The Apple App Store owned by Apple, Inc.
App Store Sourced Application
Any Application accessed through or downloaded from the Apple App Store, or any other provider of mobile device applications.
Apple App Store Sourced Application
Any Application accessed through or downloaded from the Apple App Store.
Any external site or service to which the Service is linked.
Allergy Force Premium
Allergy Force Premium is the set of Service features as defined by Allergy Force LLC that are exclusively available to paying subscribers, free trial users, and to prospects using a valid promotion code.
By creating an Account on our Service, if you agree to subscribe to newsletters, marketing or promotional materials and other information we may send, you may opt-out of receiving any or all of these communications from us by following the unsubscribe instructions provided in any communications we send to you or by contacting us at firstname.lastname@example.org.
3. User Generated Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material through the community feature of the Service. You are responsible for the User Generated Content you post on or through the Service, including its legality, reliability, and appropriateness.
By posting UGC on or through the Service, you represent and warrant that: (i) the UGC is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms and Conditions; and (ii) the posting of your UGC on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of any user found to be infringing on a copyright.
Furthermore, you represent and warrant that your UGC: (i) does not violate or encourage any conduct that would violate any applicable law or regulation or would give rise to civil liability; (ii) is not fraudulent, false, misleading or deceptive; (iii) is not defamatory, obscene, pornographic, vulgar or offensive; (iv) does not promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is not violent or threatening and does not promote violence or actions that are threatening to any other person; and (vi) does not promote illegal or harmful activities or substances (including, but not limited to, activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
Any UGC that, in our sole discretion, violates the above may be removed and/or may result in the termination of your Account without any notice.
You retain any and all of your rights to any UGC you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for UGC you or any other party posts on or through the Service.
By posting UGC using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such UGC on and through the Service at any time and in any manner. You agree that this license includes the right for us to make your UGC available to other users of the Service, who may also use your UGC subject to these Terms and Conditions. Allergy Force LLC has the right but not the obligation to monitor and edit all UGC provided by users.
In addition, UGC found on or through this Service are the property of Allergy Force LLC. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said UGC, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
4. Copyright Complaints
Allergy Force LLC respects the intellectual property rights of others. It is our policy to respond promptly to any claim that UGC posted on the Service infringes the copyright or other intellectual property of any person. Allergy Force LLC will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property laws and these Terms and Conditions where it believes an infringement has taken place, including removing or disabling access to the UGC claimed to be infringing and/or terminating the Account and access to the Service.
To notify Allergy Force LLC of a possible infringement the claimant must submit a notice in writing to the attention of email@example.com with the subject line ‘Copyright Infringement’. The claimant must include a detailed description of the alleged infringement in this notice to enable Allergy Force LLC to make a reasonable determination. Note that the claimant may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any UGC is infringing on the claimant’s copyright.
If Allergy Force LLC removes or disables access to UGC in response to a notice of infringement, we will make reasonable attempts to contact the user who posted the affected UGC. If the user feels the UGC is not infringing, the user may provide Allergy Force LLC with a counter notice in writing to the attention of firstname.lastname@example.org with the subject line ‘Copyright Infringement Counter Notification’. The user must include sufficient information in the counter notice to enable Allergy Force LLC to make a reasonable determination. Note that the user may be held accountable for damages (including costs and attorneys’ fees) if the user materially misrepresents that the UGC is not infringing the copyrights of others.
If either the claimant or the user is uncertain whether an activity constitutes infringement, Allergy Force LLC recommends seeking the advice of an attorney.
In accordance with the provisions of the Digital Millennial Content Act (DMCA), the Allergy Force LLC DMCA Agent is Bruce G. Rigione who can be reached by contacting Allergy Force LLC at email@example.com. Written correspondence should be addressed to:
Allergy Force LLC
Attention: DMCA Agent
Post Office Box 1043
New Canaan, Connecticut 06840
5. License to Use Allergy Force Generated Content
Allergy Force LLC or its partners and/or affiliates make a variety of information, guidance, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials available through the Service.
Allergy Force LLC grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Allergy Force Generated Content retrieved from the Service for your personal, noncommercial use only, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the AFGC. You may not use any AFGC available through the Service in any other manner or for any other purpose without the prior written permission of Allergy Force LLC. All rights not expressly granted in these Terms and Conditions are expressly reserved for Allergy Force LLC.
While we strive to keep AFGC accurate, complete, and up-to-date, we cannot and do not guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any AFGC, whether provided by us or by our partners and/or affiliates.
All content available through the Service is provided for educational, informational, and guidance purposes only. None of the information available through the Service is intended to treat, diagnose, prevent, or cure any disease or other medical condition. You should always consult with the appropriate medical, legal, financial, or other licensed and qualified professional before taking or refraining from any action in reliance or based upon any and all content provided through the Service.
6. Intellectual Property
The Service and its original content (excluding User Generated Content), features and functionality are and will remain the exclusive property of Allergy Force LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Allergy Force LLC.
To create an Account with Allergy Force LLC, you must download the Application and provide Personal Data which enables you to access and use the Service.
To use the Service on your own behalf, you must be at least 18 years of age.
The Service is not for persons under the age of 13, or for any users previously suspended or removed from the Service by Allergy Force LLC. If you are under 13 years of age, you must not use or access the Service at any time or in any manner. Furthermore, by using the Service, you affirm that you are at least 13 years of age.
If you are at least 13 years of age, but under 18 years of age, your parent must create an account for you and accept these Terms and Conditions on your behalf. If you are a parent or legal guardian accepting these Terms and Conditions for the benefit of your child or a child in your legal care who is at least 13 years of age, but under 18 years of age, be aware that you are fully responsible for the child’s use of the Service, including all financial charges and legal liability that result from his or her use of the Service.
When you create an Account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account on the Service.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to the restriction of access to your computer, mobile device, and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
You may not use as a username
The name of another person or entity; or
A name that is not lawfully available for use; or
A name or trademark that is subject to any rights of another person or entity other than you;
without appropriate authorization.
You may not use as a User Name any name that is offensive, vulgar or obscene.
8. Health Insurance Portability and Accountability Act of 1996
The Standards for Privacy of Individually Identifiable Health Information (“Privacy Rule”) is a set of national standards for the protection of certain health information. The U.S. Department of Health and Human Services (“HHS”) issued the Privacy Rule to implement the requirement of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”.) The Privacy Rule applies to “Covered Entities” which are Health Plans, Health Care Providers and Health Care Clearinghouses (e.g., billing services, community health management information systems, value-added networks and switches performing clearinghouse functions.) The Privacy Rule does not apply to Allergy Force LLC because it is not a "Covered Entity" under HIPAA.
We electronically collect and store information about your allergies. When you submit your allergy information, information related to the testing and evaluation of your allergies, or any other private health-related information to us, including your medical providers’ allergic reaction protocols, HIPAA does not apply to the storage of this personal information with us.
The security of your data is important to us. While we will take reasonable precautions to ensure the privacy of the personal information you electronically submit to us, you agree that the personal information you submit to us is no longer confidential and might be seen by third parties with or without your consent. We use commercially reasonable data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information. While we make efforts to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third parties from illegally obtaining this information. No method of transmission over the Internet or method of electronic storage is 100% secure, therefore, we cannot guarantee your personal information’s absolute security.
9. License to Use the Service
Subject to your compliance with these Terms and Conditions, Allergy Force LLC grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the Allergy Force website and to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal purposes.
Furthermore, with respect to any Apple App Store Sourced Application you will only use the Apple App Store Sourced Application: (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
You acknowledge and agree that the availability of the App Store Sourced Application and the Service is dependent on the third-party from whom you received the Application license, e.g., the Apple App Store or other source. You acknowledge that these Terms and Conditions are between you and Allergy Force LLC, and not with your provider of the App Store Sourced Application.
Allergy Force LLC, is solely responsible for the Service, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
In the event of any failure of the App to conform to any applicable warranty, you may notify your provider of the App Store Sourced Application, and your provider may refund the purchase price of the App Store Sourced Application to you and to the maximum extent permitted by applicable law, your provider of the App Store Sourced Application will have no other warranty obligation whatsoever with respect to the App. As between Allergy Force LLC and the providers of the App Store Sourced Application, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Allergy Force LLC.
In order to use the App, you agree to pay all fees associated with such access, as applicable. You also agree to pay all fees (if any) charged by your provider of the App Store Sourced Application in connection with the Service. When using the Service, you agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable terms of agreement of your provider of the App Stored Sourced Application. You acknowledge that your provider of the App Store Sourced Application (and their subsidiaries) are third-party beneficiaries of these Terms and Conditions and will have the right to enforce them.
10. Notice Regarding Apple
If you are an Apple mobile device user, you acknowledge that these Terms and Conditions are between you and Allergy Force LLC only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third-party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App or your possession and use of the App infringes that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions, and upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary of these Terms and Conditions. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If Allergy Force LLC provides a translation of the English language version of these Terms and Conditions, then the translation is provided solely for convenience, and the English version will prevail.
11. Restrictions on Use of Service
Your use of the Service and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Service:
Accessing, tampering with, or using non-public areas of the website, Allergy Force LLC’s computer systems, or the technical delivery systems of the Allergy Force LLC providers; Attempting to probe, scan, or test the vulnerability of any Allergy Force LLC system or network or breaching any security or authentication measures;
Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by Allergy Force LLC or its providers or any other third-party (including another user) to protect the Service;
Attempting to access or search the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Service through software and/or search agents provided by Allergy Force LLC or other generally available third-party web browsers (such as Chrome, Yahoo, Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera);
Sending any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;
Using any meta tags or other hidden text or metadata utilizing an Allergy Force LLC trademark, logo, URL or product name;
Using the Service for any commercial purpose or the benefit of any third-party or in any manner not permitted by the Terms and Conditions;
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Service to send altered, deceptive or false source-identifying information;
Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
Building a competitive product or service; building a product or service using similar ideas, features, functions or graphics of the service; copying any ideas, features, functions or graphics of the Service;
Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Collecting or storing any personally identifiable information from the Service from other users of the Service without their express prior permission;
Impersonating or misrepresenting your affiliation with any person or entity;
Violating any applicable law or regulation;
Contacting anyone who has asked not to be contacted, or making unsolicited contact with anyone for any commercial purpose;
“Stalking” or otherwise harassing anyone;
Collecting personal data about other users for commercial or unlawful purposes;
Posting false or irrelevant content, or repeatedly posting the same or similar content.
We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Service security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms and Conditions. You acknowledge that Allergy Force LLC has no obligation to monitor your access to or use of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with the Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be in violation of the Terms and Conditions or otherwise harmful to the Service.
12. Links to Other Web Sites
Our Service may contain links to third-party websites or services that are not owned or controlled by Allergy Force LLC.
Allergy Force LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Allergy Force LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms of agreement and privacy policies of any third-party websites or services you visit.
We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms and Conditions.
All provisions of the Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Allergy Force LLC and its licensees and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to, attorney's fees), resulting from or arising out of: (i) your use of and access to the Service, by you or any person using your Account or password; (ii) a breach of these Terms and Conditions; or (iii) Content posted on the Service.
THE SERVICE IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL ADVICE
You agree that the Service is not intended to and/or does not diagnose, treat, cure or prevent any allergies, allergic reactions, or other medical disorders or conditions. Furthermore, you agree that Allergy Force LLC is not engaged in providing you with a medical device, medical advice and/or healthcare services by providing you access to the Service. At all times you should consult with a licensed medical professional if you have any questions regarding your medical condition, or use of any medicines you take, or the emergency protocols to follow in the event of an allergic reaction. Allergy Force LLC is not responsible in any way for any health problems or injuries, including, without limitation, incapacity or death, which may result from or be related to your use of or your inability to use our Service.
NETWORK COVERAGE FOR EMERGENCY CALLS IS NOT GUARANTEED OR WARRANTED
The Service includes a button to assist with dialing emergency medical services. Allergy Force LLC does not warrant, guarantee or otherwise ensure the availability of network coverage for the placement of emergency calls at any particular time or in any particular region. Use of the Service does not ensure that emergency services dispatchers will be able to determine your exact location. Furthermore, use of the Service does not provide access to emergency services where they are otherwise unavailable.
The Service allows you to call or text your emergency contacts. Allergy Force LLC does not warrant, guarantee or otherwise ensure the availability of network coverage for the placement of emergency calls or the transmission of emergency texts at any particular time or in any particular region.
The Service assists you in managing your food allergies, but does not replace the existing ways you manage your food allergies. This includes, but is not limited to, reading food labels to determine if a food is safe to eat, determining whether food is safe to eat at a restaurant, tracking your epinephrine injectors’ expiry dates, determining whether you are having an allergic reaction and how to respond, and documenting your allergic reactions.
The Service does not take your specific allergy-related or any other medical condition(s) into consideration in the information or features provided. You should consult with a licensed medical professional to determine whether the Service is appropriate for you and does not conflict with medication you take or could in any way cause harm to your general well-being.
Certain features of the Service depend upon the accuracy and completeness of the information you enter. These features also depend on you to keep that information current. Failure to do so may result in the Service providing you with inaccurate information and/or recommendations.
Allergy Force LLC, its subsidiaries, affiliates, and its licensors do not warrant that: (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.
Your use of the Service is at your sole risk.
16. Specific Waivers and Limitations of Warranty and Liability
ALL CONTENT, PRODUCTS AND SERVICES PROVIDED BY THE SERVICE, OR OBTAINED FROM A SITE OR SERVICE TO WHICH THE SERVICE IS LINKED (“LINKED CONTENT”) ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF QUALITY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH GOODS, INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU ACKNOWLEDGE THAT YOU HAVE NOT BEEN INDUCED BY ANY STATEMENTS OR REPRESENTATIONS OF ANY PERSON OR ENTITY WITH RESPECT TO THE QUALITY OR CONDITION OF THE PRODUCTS AND/OR SERVICES AND THAT NO SUCH STATEMENTS OR REPRESENTATIONS HAVE BEEN MADE. YOU ACKNOWLEDGE THAT YOU HAVE RELIED SOLELY ON THE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE THAT YOU HAVE CHOSEN TO MAKE AND THAT PROVIDER HAS AFFORDED YOU WITH THE OPPORTUNITY FOR FULL AND COMPLETE INVESTIGATIONS, EXAMINATIONS, AND OTHER DUE DILIGENCE.
Except as prohibited by law, if there is liability found on Provider’s part, you agree that it will be limited to the amount paid for the products and/or services purchased through the Service, and under no circumstances will there be consequential, punitive, or any other kind of exemplary damages, even if Provider, or an authorized representative of Provider, has been notified orally or in writing of the possibility of such damage. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may have other rights that are in your jurisdiction.
For jurisdictions that do not allow Allergy Force LLC to limit its liability:
Notwithstanding any provision of these Terms and Conditions, if your jurisdiction has provisions specific to waiver or liability that conflict with the above, then Provider’s liability is limited to the smallest extent possible by law. Specifically, in jurisdictions where it is not legally permitted, Provider does not disclaim liability for: (a) death or personal injury caused by Provider’s negligence or that of any Provider’s officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING MAY APPLY:
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THESE TERMS AND CONDITIONS, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree that Provider, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the delay or inability to use the Service or Linked Content, even if Provider is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Provider cannot and does not guarantee continuous, uninterrupted or secure access to the Service.
In any event, without limiting any of the foregoing, if Allergy Force LLC or any of its affiliates, officers, directors, employees, or agents is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms and Conditions, the Service, your or their use of the Service, then the maximum liability for all such claims and other matters will not, in any calendar year, exceed the greater of the amount you paid for use of the Service, if any, or $100, whichever is less.
17. Governing Law
These Terms and Conditions shall be governed and construed in accordance with the laws of Connecticut, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms and Conditions will not be considered a waiver of those rights.
In the event that any provision of these Terms and Conditions is unenforceable under applicable law, the validity or enforceability of the remaining provisions will not be affected. To the extent any provision of these Terms and Conditions is judicially determined to be unenforceable, a court of competent jurisdiction may reform any such provision to make it enforceable as long as the court does not change the substance and intent of the original Terms and Conditions. The provisions of these Terms and Conditions will, where possible, be interpreted so as to sustain their legality and enforceability.
These Terms and Conditions constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time.
The most recent Effective Date of these Terms and Conditions is located at the top left of these Terms and Conditions. By continuing to access or use our Service after any revisions become effective, you agree to be bound by any changes to these Terms and Conditions. If you do not agree to any part of such changes, then, you are no longer permitted to use the Service.
19. Paid Services
PREMIUM SUBSCRIPTION PLANS
Allergy Force Premium can be purchased for auto-renewable subscription periods of 1-month or 12-months. All features of the Service will be available to purchasers of either the monthly or the annual plan.
Subscription fees can be found on the Allergy Force website (www.allergyforce.com) and in the App. Special terms and conditions may apply. Allergy Force LLC reserves the right to change the Allergy Force Premium subscription fees at their discretion.
There is a one-time free trial period for either of the subscription plans selected. If you cancel your subscription before the end of the free trial period you will not be charged and you will no longer have access to Allergy Force Premium.
The duration of the free trial period is a minimum of 7 days. The duration of the free trial period may be extended without prior notice at the discretion of Allergy Force LLC.
Payments will be charged to your iTunes Account or Google Play account upon confirmation of purchase. Your account at the Apple App Store or other source used to obtain the Service will be charged for subscription renewal within 24-hours prior to the end of the current subscription period.
Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current subscription period. Subscriptions may be managed by the user and auto-renew may be turned off by going to your iTunes or Google Play account settings.
CANCELLATION OF ALLERGY FORCE PREMIUM
You may cancel your Allergy Force Premium subscription at any time through the app store providing the App Store Sourced Application. Upon cancellation of your subscription, your subscription will remain in effect until the end of the subscription period you selected and paid for.
20. Contact Us
If you have any questions about these Terms and Conditions, please contact us by email. You may reach us at firstname.lastname@example.org.