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.
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.
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.
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.
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.
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.
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.
email@example.com, 800-325-7354 or ALK-Abelló, Inc., 1700 Royston Lane, Round Rock, TX 78664.
Last updated: June 4, 2020