Find A DoctorALK TERMS OF USE
ALK operates us.klarify.me and other webistes (collectively, “Website”) and the klarify app (“Apps”) for personal information and education purposes. By visiting our Website, or by registering as a user of the on-line services that we provide, you agree to these Terms of Use and to our Privacy Policy, as they may be amended from time to time. If you do not agree to the Terms of Use, do not enter the Website. ALK (“we”, “us”, “our”) means our entire company, including our United States affiliates, subsidiaries and related companies.
Use of Website and Intellectual Property
All documents, text, graphics, photos, interactive features, presentations, materials, or such other informational materials in all forms on this Website (“Website Information”) and App (“App Information”) are the property of ALK unless otherwise indicated. You may view, print or download one copy of Website Information or App Information (except for third party materials identified as such) solely for your personal, informational, non-commercial use, provided you keep all copyright and other proprietary notices intact. You may not otherwise, in whole or in part, copy, reproduce, modify, republish, upload, post, transmit or distribute in any form, or create any derivative work based on such Website Information or App Information, without ALK’s prior written permission. No links to our Website or App may be included in a third party website without our prior written permission.
All product names, whether or not appearing with the trademark symbol, are trademarks of ALK unless otherwise indicated. Except as expressly permitted herein, the use of these trademarks or any Website Information or App Information is expressly prohibited and may be in violation of copyright, trademark and other similar laws. The entire contents of this Website and App are subject to copyright protection. No license or other right under any patent or trademark of ALK or any third party or to Website Information or to App Information is granted to you.
Subject to our Privacy Policy, you agree that any material or information you submit through or to the Website or to the App will not be deemed confidential or proprietary and permit us to use, disclose, copy, modify, adapt or otherwise publicly display all or any of such material for any purpose whatsoever without restriction. You represent and warrant that you will not submit any material to the Website or App unless you have the unrestricted right to submit or authorize ALK to use such material, and shall indemnify ALK and hold it harmless against any claim of infringement arising out of such material. We reserve the right, in our discretion, to remove or delete any material you submit through or to the Website or App without notice to you.
PROVISION OF THE APP
The App is provided to you for use on compatible devices for download in the respective app stores. We do not charge for the download and use of the App. Any connection costs incurred during use, e.g. charged by your mobile phone provider, are to be borne by you. We grant you a non-exclusive (simple and temporary) and non-transferable right to use the App, including the software and information contained therein, exclusively for private purposes to the extent that such use corresponds to the purpose pursued by ALK in making the App available and explained in more detail in these Terms of Service. In particular, you may not distribute or otherwise transfer the App to third parties for use (including renting, leasing or sublicensing) or use the same to provide services to third parties.
You may choose to set up a profile in the App to personalize your experience, which will require you to set up a password. You must treat this password as confidential and must not disclose it to a third party. If you forget your password then it can be changed at any time through email verification. Any information you provide to us will be treated in accordance with our Privacy Policy, which can be found here. If you do not want to create a profile, you do not have to. However, certain features of the App are only available when you have logged in with your profile details.
We may at any time provide updates of the App that change the functionality of the App. The functional scope and system requirements of the current version of the App are stated in the product and update descriptions for the App in the respective app stores. If your app store does not provide you with appropriate notification functions then please check your app store for updates or newer versions yourself. You have no entitlement to future or further provision of the App or any updates. We may modify or discontinue the App at any time and you may discontinue use of the App at any time.
The following applies if you acquire the App from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that these Terms are between you and ALK only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) ALK, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms; and (vi) you acknowledge and agree that ALK is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.
The following applies if you acquire the App from the Apple App Store: you hereby acknowledge that these Terms of Use are concluded between ALK and you only, and not Apple. ALK, not Apple, is solely responsible for the App and the content thereof. In addition to these Terms, you must comply with any applicable third party terms of agreement when using the App. The license(s) granted herein are subject to any usage rules set forth by Apple. In the event of any third party claim that the Application or your possession and use of the App infringes that third party’s intellectual property rights, ALK, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims. ALK, and not Apple, is 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: (i) any product liability claims; (ii) any claims that the App fails to conform to any applicable or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. You hereby acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support service with respect to the App. You hereby acknowledge that Apple may be a third party beneficiary to these Terms and, upon your acceptance of these Terms, Apple will have the right to enforce the Terms against you as a third party beneficiary thereof.
Children
Children under the age of 13 are not the intended audience for the Website or App.
Third Party Tools and Websites
Our Website and App may contain links to third party tools, websites or apps that are not owned, affiliated or operated by ALK. These links are provided for your information only. We have no control over any third party website or app and do not endorse, sponsor or recommend your use of such website or app. We are not responsible for the content of third party websites or third party apps and shall not be liable for any damages or injury arising from your use of such websites or apps. Accordingly, we recommend that you read the applicable third party terms and privacy policies for more information.
Disclaimer and Limitation of Liability
THE WEBSITE INFORMATION AND APP INFORMATION IS PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ALK MAKES NO REPRESENTATIONS AS TO THE AVAILABILITY, ACCURACY OR COMPLETENESS OF THIS WEBSITE OR APP, OR THAT THIS WEBSITE, APP OR SERVER IS FREE OF VIRUSES OR MALICIOUS CODE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALK AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS WEBSITE OR APP INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES OR PROFITS (WHETHER IN CONTRACT OR TORT), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Federal law and the laws of some states may not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. The disclaimers and exclusions under these Terms will not apply to the extent prohibited by applicable law.
This provision is not enforceable in New Jersey.
Indemnity
You agree to defend, indemnify and hold harmless ALK and its officers, directors, employees, and agents, from any and all liability and claims for damages and costs or injury (including attorney’s and expert’s fees) caused by, or resulting from, your use of and access to the Website and App, violation of these Terms of Use, any third party’s intellectual property rights and/or your negligent acts, willful misconduct or omissions.
Medical Information
This Website and App may contain medical information. Such information is provided for informational purposes only and is not intended to be a substitute for informed medical advice provided by a doctor or other qualified health care professional. The App does not provide therapeutic or diagnostic information and recommendations. The App is not intended or suitable for use in diagnosing, self-diagnosing, monitoring or treating disease. You should consult with a qualified doctor or other health care professional for medical advice or information related to any information on this Website or App before taking any action.
Our Find a Doctor feature allows you to search for an allergist in your area as well as search for allergists who offer immunotherapy services. The Company itself does not provide medical advice and does not endorse any of the doctors identified through the Find a Doctor search function.
Privacy
We take the protection of personal information that you provide on our Websites and Apps and through other means very seriously. Please refer to ALK’s Privacy Policy.
When you open the App for the first time, you will receive pop-up notifications. These will ask you whether you consent to the processing of data about how you use the App and whether the App can access your location while you are using the App. If you do not wish such data to be processed you can click on ‘Don’t Allow’. If you later change your mind, you can turn this on or off in your settings at any time. You can also download and delete data that the App has processed about you at any time. This data will be processed in accordance with our Privacy Policy. You may also receive notifications when there is something new in the App or when pollen levels change in your current location. If you do not wish to receive these notifications, you can turn them off in the App settings at any time.
General
This Website, App, and their contents are intended to comply with the laws and regulations in the United States and intended for use only by United States residents. These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, without respect to its conflict of laws principles. Exclusive venue for any disputes arising under these Terms of Use shall be in New York County Courts. ALK reserves the right to modify or delete any part of the Website or App at any time and without notice to you. ALK reserves the right to terminate your access to the Website or App, in its sole discretion, for any violation of the Terms of Use and to remove or take down any content posted on the Website or App in violation, or suspected to be in violation, of the Terms of Use.
The App is intended for private use by people who wish to be informed about current pollen count in specific locations and we may from time to time provide you with personalized content and offers (which are recognizable as such). The functions of the App are also based on data stored by the user and data provided by third parties. Note that for parts of the year, we may not have access to pollen data in particular locations, e.g., where pollen levels are commonly very low and/or are otherwise difficult to measure.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Website, App or its applicable content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or App, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website or App, other websites, or the Internet. We reserve the right to terminate your use of the Website or App for violating any part of this Section.
Updates to Terms of Use
We reserve the right to modify our Terms of Use at any time so please review the Terms of Use each time you access the Website and App. Material changes will be indicated on the revised Terms of Use. Any changes will be effective immediately as of the updated revision date indicated below.
Contact Us
Please contact us with any problems, questions or suggestions regarding our Terms of Use at
support-us@klarify.me, 800-325-7354 or ALK-Abelló, Inc., 1700 Royston Lane, Round Rock, TX 78664.
Last updated: June 4, 2020