AllergenIQ
AllergenIQ

Terms of Service

By using the AllergenIQ website (“Website”), you agree to follow and to be bound by these terms of use (“Terms of Use”). In these Terms of Use, the words “you” and “your” refer to each Website visitor or user; “we,” “us,” and “our” refer to AllergenIQ, and “Services” refers to all services provided by us.


BY ACCESSING THE WEBSITE AND THE SERVICES PROVIDED YOU AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT, AND YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS AND THE TERMS LISTED BELOW.


We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use each time you visit the Website. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Website. You agree that your access to or use of our Services on or after changes to the Terms of Use are posted here continues your acceptance of the Terms of Use as it appears at the time of your access to or use of the Website.


If you have any questions about these Terms of Use, please contact us at 817-438-8612 or info@allergeniq.com.


The Website provides an online platform to give visitors general information on available medical services, the opportunity to set up their own appointments, and to provide telemedicine services to patients. Information on the website does not substitute for medical advice from a licensed health care provider. If you believe you are or may be experiencing a medical emergency, or that your loved one may be, do not rely on our Services and contact an emergency resource immediately: 911, your own primary care physician, or the nearest hospital emergency department.


The static information on this website is provided as general health guidelines and may not be applicable to your particular health condition. AllergenIQ shall have no liability for the content or any errors or omissions in the static information provided by this Website.


The Website strives to keep its content accurate, current, and up-to-date. We cannot guarantee that all of the information on the Website is completely current or applicable to your circumstances, however.


Use of this Website and its Services or interaction with our staff cannot guarantee any specific medical outcome. AllergenIQ strives to provide standard care and assistance through consultations with our qualified health care professionals, but not all treatments and interventions described on the Website may be available to all patients. Access and use of the Website does not constitute formation of a physician-patient relationship between you and anyone else.


AllergenIQ reserves the right to refuse service to anyone and to cancel user access at any time.


Telehealth Services

 

AllergenIQ provides telemedical care to patients of the practice. Because in distance care such as this the provider and the patient are not in each other’s physical presence, some forms of physical examination often performed at an in-person visit, specifically those that require the examiner to touch the patient, cannot be offered. As a result, some information otherwise helpful to diagnosis and to treatment will not be available to AllergenIQ’s providers and patients. For certain medical problems, then, AllergenIQ will need to refer you to in-person care. Even for conditions that AllergenIQ can manage at a distance, the inability to touch the patient may mean a higher risk of diagnostic error than there is in an in-person setting. Moreover, as with any form of electronic communication, there is risk that technical problems or power failures beyond the control of AllergenIQ may interrupt a visit. Finally, recognize that, even today, telemedicine is a relatively new form of care. It is possible that risks currently unrecognized may become apparent in future, and as more and more care is provided in this way. We are of course unable to specify what those risks are; that ability, if it arises at all, must await future developments. By proceeding with the Services, you acknowledge and accept these limitations inherent in telehealth care.


No Warranty

 

THE WEBSITE AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLERGENIQ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.


ALLERGENIQ MAKES NO WARRANTY THAT:

1. THE WEBSITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;

2. THE WEBSITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;

3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY MATERIALS OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR

4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.


OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ALLERGENIQ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE, INCLUDING WOTHOUT LIMITATION VIRUSES, WORMS, TROJAN HORSES, OR OTHER MALWARE.


NO ORAL OR WRITTEN INFORMATION PROFFERED BY OUR STAFF SHALL CREATE A WARRANTY.


LAWS REGARDING LIMITATION OF IMPLIED WARRANTIES VARY BY STATE AND LIMITATIONS OF IMPLIED WARRANTIES MAY NOT BE PERMITTED DEPENDING ON YOUR LOCATION. SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CHECK YOUR LOCAL LAWS TO DETERMINE APPLICABILITY.


Limitation of Liability

 

IN NO EVENT SHALL ALLERGENIQ, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, LICENSEES, OR OTHER AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS WEBSITE OR MATERIALS AVAILABLE FROM THIS WEBSITE, EVEN IF ALLERGENIQ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


Indemnification

 

You agree to defend, indemnify, and hold harmless AllergenIQ, our officers, directors, shareholders, employees, and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website and the materials.


Unsolicited Submissions

 

Except as may be required in connection with your use of Website Services, AllergenIQ does not want you to submit confidential or proprietary information to us through this Website. If seeking medical services, do not provide confidential health information through the Website. All comments, feedback, information, or material submitted to AllergenIQ through or in association with this Website shall be considered non-confidential.


Compliance with Intellectual Property Laws

 

When accessing or using the Website’s Services, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Services and the Website is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of any party’s rights caused by any content you provide or transmit or that is provided or transmitted by use of the Website.


If you are a copyright holder or acting as the agent of a copyright holder, and you believe in good faith that the Website content includes material infringing your copyright, please bring your concern to our attention. Please indicate the material you believe to be infringing, and where you found it on the Website, as well as your name and contact information: your address, telephone number, and your electronic mail address. Please include a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please send your information to info@allergeniq.com so that we can investigate and remove any infringing material.


Inappropriate Content

 

When accessing the Site or using AllergenIQ’s Services, you agree not to upload, display, perform, transmit or otherwise distribute any content that:

1. is libelous, defamatory, obscene, pornographic, abusive or threatening;

2. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or

3. advertises or otherwise solicits funds or is a solicitation for goods or services.


AllergenIQ reserves the right to terminate or delete such material from its servers. AllergenIQ will cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.


International Use

 

Although this Website may be accessible worldwide, AllergenIQ makes no representation that materials on this Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any offer for any product, service, or information made in connection with this Website is void where prohibited.


Governing Law

 

This Website is controlled by AllergenIQ from our offices within the State of Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Texas, by accessing this Website both of us agree that the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Texas with respect to such matters.


Trademarks

 

The name AllergenIQ, all images and text, all page headers, custom graphics, and button icons are service marks, trademarks and/or trade dress of AllergenIQ. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners. You may not reproduce any of graphics or text on this Website without the express, written consent of AllergenIQ.


Contact

 

If you have any questions about the Terms of Use or your interaction with the Website, please contact us at 817-438-8612 or  info@allergeniq.com.


Should any of the above terms be deemed invalid, void, or unenforceable for any reason, that individual term shall be removed and shall not affect the validity or enforceability of remaining terms.


These Terms of Use are effective as of October 1st 2020.