AllerPal
| Terms of Service
Last Updated Date: September 1, 2015
Dandelion Technology, LLC (“Allerpal” or “we”) through
its AllerPal app (the “App”) and its AllerPal website (http://allerpal.net) (the
“Site”) provides an app for the iOS and the Android operating systems that
allows users to share their children’s food allergy action plan with their
children’s caregivers.. Please read carefully these Terms of Service (the “Terms”)
and our Privacy Policy. The Terms govern your access to and use of the
App and the Site, and constitute a binding legal agreement between you and
AllerPal. The Site and and App are
together referred to as the “Services.”
You acknowledge and agree that, by accessing or
using the Services, or by downloading, uploading or posting any content from or
on the Site or the App, you are indicating that you have read, and that you
understand and agree to be bound by, the Terms, whether or not you have
registered for the App or use of the Site. If you do not agree to the Terms,
then you have no right to access or use the Site or the App or any content from
either.
The content of the Site and the App is for your
general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the
accuracy, timeliness, performance, completeness or suitability of the
information and materials found or offered on the Site or through the App for
any particular purpose. You acknowledge that such information may contain
inaccuracies or errors and we expressly exclude liability for any such
inaccuracies or errors to the fullest extent permitted by law.
Your use of the App and the Site is entirely at
your own risk, for which we shall not be liable. The action plan template
provided in the App does not specify how a person should be treated in the
event of a perceived allergic reaction. It is solely a template, which must be
reviewed and modified by you to match the food allergy action plan completed by
your child’s pediatrician or allergist. No
advice or information, whether oral or written, obtained from AllerPal or
through the Site or the App, constitutes medical advice, nor will it create any
warranty, express or implied.
The Site may include links to other websites.
These links are provided for your convenience only. We have no responsibility
for the content of the linked websites.
Copyright
The Site and the App contain
material which is owned by or licensed to us. This material includes but is not
limited to, the design, layout, look, appearance and graphics of the Site and
the App. Reproduction is prohibited other than in accordance with the copyright
notice, which forms part of these terms and conditions.
Medical ADVICE NOT PROVIDED
We do not provide any medical or pharmaceutical
advice. We are not health care providers. The App and the Site are solely
designed to support, not replace, the relationship that exists with any
physician, allergist or other healthcare professionals. We are not subject to
the Health Insurance Portability and Accountability Act (HIPAA), we take the
protection of your private health information and your ability to control and
access such information very seriously, and will only use and disclose your
information in accordance with our Privacy Policy.
ACCOUNT REGISTRATION
You will be asked to create a password when you
create your Allerpal account (your “Account”). AllerPal does not have access to
your passwords and if you forget your password you will be asked to create a
new one. You are responsible for safeguarding your password. You agree that you
will not disclose your password to any third party and that you will take sole
responsibility for any activities or actions under your Account, whether or not
you have authorized such activities or actions. You will immediately notify
AllerPal if you become aware of any unauthorized use of your Account.
creating and sharing action plans
When you register with us as a premium member you
will be able to create food allergy action plans for your children (such action
plans and related information provided by you are collectively referred to as
your “Profile”). You will be able to add treatment information and relevant images
to your Profile. As a premium member, you will have the opportunity to invite
third-party caregivers (each a “Caregiver”) to access the action plans that you
create. If you elect to invite a Caregiver to access your Profile, that
Caregiver will receive an invitation to register with AllerPal and will need to
complete the account registration process to become a Member. In addition, any
Caregiver that you invite to access your child’s action plan will have full access
to all of the information you have incorporated in your Profile. All Members
are responsible for managing who they have shared their Profile with, and are
responsible for determining, maintaining and protecting Profile content for
their children.
LICENSE GRANTED BY MEMBER
By making available any Profile content on or
through the Services, you hereby grant to AllerPal a worldwide, irrevocable,
perpetual, non-exclusive, transferable, royalty-free, fully-paid up right and
license to access, use, view, copy, adapt, reformat, and download, such Profile
content for the limited purpose of making such Profile content available to you
and any Caregivers with whom you choose to share access to one or more of your
Profiles via the Services and as otherwise set forth in our Privacy Policy. In the event you do elect to make your Profile
and its corresponding Profile content available to one or more Caregivers, you
further grant AllerPal a right to sublicense the Profile content to such
Caregiver to allow access to and use of the same as permitted by the Services.
Although any Caregiver is subject to these Terms as a Member, we cannot control
any use of Profile content by any Caregiver and you are solely responsible for
the same and any liability for such access.
You acknowledge and agree that you are solely
responsible for all Profile content that you make available via the Services.
TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, AllerPal will
have the right to suspend or disable your Account or terminate these Terms and
disable access to your Account and Profile, at its sole discretion and without
prior notice to you. AllerPal reserves the right to revoke your access to and
use of the App at any time, with or without cause. You may cancel your Account at
any time by sending an email to [email protected]. In the
event your Account is terminated, Caregivers with whom you have previously
shared your Profile content, including your children’s action plans, will no
longer be able to access or view such Profile content, including your
children’s action plans.
INDEMNITY
You agree to defend,
indemnify, and hold harmless AllerPal, its officers, directors, employees and
agents, from and against any claims, liabilities, damages, losses, and
expenses, including, without limitation, reasonable legal and accounting fees,
arising out of or in any way connected with (i) your access to or use of the
Services, (ii) any use of the Site or the App for any unlawful or inappropriate
conduct, (iii) any act or omission by you that constitutes an actual or alleged
violation of these Terms, or (iv) any use, whether authorized or not and
whether proper or not, of your profile information by any caregiver or other
third party with whom you have shared such information through the Services.
LIMITATION OF LIABILITY
The use of the Services and related content by you and any Caregiver
with whom you share your Profile or your actions plans is at your own risk. The
AllerPal app is intended to be used to allow parents to enter their existing
physician directed food allergy action plan into an electronic format. The
action plan created should not deviate in any way from the plan created by your
Doctor. AllerPal assumes no liability for or relating to the delay, failure,
interruption, or corruption of any data or other information transmitted in
connection with use of the Services, for any errors in such information, or for
any mis-use or mis-interpretation of such information, by a caregiver or
otherwise.
CONTACTING Allerpal
If you have any questions about these Terms,
please contact AllerPal at [email protected].
Dandelion Technology, LLC
PO Box 111
Sherborn MA 01770