Agreement between User and aasallergy.com
Welcome to aasallergy.com. The aasallergy.com website (the “Site”) is comprised of various web pages operated by American Allergy Services, Inc. (“AAS”). It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
Your use of aasallergy.com constitutes your agreement to all such Terms. Therefore, please read these terms carefully, and keep a copy of them for your reference.
aasallergy.com is a promotional website to offer Allergy Testing and Immunotherapy Treatments to existing practices to expand the practice’s revenues, save money for your patients, and improve patients’ overall quality of life.
Visiting aasallergy.com or sending emails to AAS constitutes electronic communications. Therefore, you consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
AAS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use aasallergy.com only with the permission of a parent or guardian.
Links to Third-Party Sites/Third-Party Services
aasallergy.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of AAS, and AAS is not responsible for the contents of any Linked Site, including any link contained in a Linked Site or any changes or updates to a Linked Site. AAS is providing these links to you only as a convenience, and including any link does not imply endorsement by AAS of the site or any association with its operators.
Certain services made available via aasallergy.com are delivered by third party sites and organizations. Therefore, by using any product, service, or functionality originating from the aasallergy.com domain, you at this moment acknowledge and consent that AAS may share such information and data with any third party with whom AAS has a contractual relationship to provide the requested product service, or functionality on behalf of aasallergy.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of AAS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions in any such content and will not change it.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. AAS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of AAS and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of AAS or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated, and administered by AAS from our offices within the USA. If you access the Service from outside the USA, you are responsible for compliance with all local laws. Therefore, you agree that you will not use the AAS Content accessed through aasallergy.com in any country or manner prohibited by applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless AAS, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your breach of any rights of a third party, or your violation of any applicable laws, rules or regulations. AAS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In this event, you will fully cooperate with AAS in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration under the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. Suppose any legal or equitable action, proceeding, or arbitration arises from or concerns these Terms and Conditions. In that case, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims concerning these Terms and Conditions or any disputes arising from these Terms and Conditions, whether directly or indirectly, including Tort claims resulting from these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. Accordingly, the Arbitrator shall determine the entire dispute, including the scope and enforceability of this arbitration provision. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will occur individually; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless you and AAS agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AMERICAN ALLERGY SERVICES, INC. AND SUPPLIERS MAY MAKE IMPROVEMENTS AND CHANGES TO THE SITE.
AMERICAN ALLERGY SERVICES, INC. AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AMERICAN ALLERGY SERVICES, INC. AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS ABOUT THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
AAS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina. You now consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and AAS due to this agreement or use of the Site. AAS’s performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of AAS’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AAS concerning such use. If any part of this agreement is determined to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AAS concerning the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and AAS concerning the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Changes to Terms
AAS reserves the right, in its sole discretion, to change the Terms under which aasallergy.com is offered. The most current version of the Terms will supersede all previous understandings. Therefore, AAS encourages you to review the Terms periodically to stay informed of our updates.
AAS welcomes your questions or comments regarding the Terms:
American Allergy Services, Inc.
1510 Whiskey Road
Aiken, South Carolina 29803
Effective as of June 01, 2023
Collection of your Personal Information
We do not collect your personal information unless you voluntarily provide it. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include (a) registering for an account; (b) entering a sweepstake or contest sponsored by one of our partners or us; (c) signing up for special offers from selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you about the services and products you requested. We also may gather additional personal or non-personal information in the future.
Sharing Information with Third Parties
AAS does not sell, rent or lease its customer lists to third parties.
AAS may occasionally contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. For example, AAS may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to AAS, and they are required to maintain the confidentiality of your data.
AAS may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on AAS or the site; (b) protect and defend the rights or property of AAS; and (c) act under exigent circumstances to protect the personal safety of users of AAS, or the public.
Tracking User Behavior
AAS may keep track of the websites and pages our users visit within AAS to determine what AAS services are the most popular. This data is used to deliver customized content and advertising within AAS to customers whose behavior indicates interest in a particular subject area.
Automatically Collected Information
AAS may automatically collect information about your computer hardware and software. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding the use of the AAS website.
The AAS website may use “cookies” to help you personalize your online experience. A cookie is a text file placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize AAS pages or register with an AAS site or service, a cookie helps AAS to recall your detailed information on subsequent visits. This simplifies recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same AAS website, the information you previously provided can be retrieved, so you can easily use the AAS features that you customized.
You can accept or decline cookies. Most Web browsers automatically accept cookies, but you can modify your browser setting to decline cookies. However, if you choose to decline cookies, you may not be able to fully experience the interactive features of the AAS services or websites you visit.
This website contains links to other sites. Please be aware that we are not responsible for such other sites’ content or privacy practices. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
AAS secures your personal information from unauthorized access, use, or disclosure. AAS uses the following methods for this purpose:
– SSL Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no Internet or wireless network data transmission can be guaranteed 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) the security, integrity, and privacy of any information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted by federal law, and provide a good or service requested by you or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise their right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise, use your personal information internally in a lawful manner compatible with the context in which you provided the information.
Children Under Thirteen
AAS does not knowingly collect personally identifiable information from children under thirteen. If you are under thirteen, you must ask your parent or guardian for permission to use this website.
From time to time, AAS may contact you via email to provide announcements, promotional offers, alerts, confirmations, surveys, and other general communication. In addition, to improve our Services, we may receive a notification when you open an email from AAS or click on a link therein.
If you want to stop receiving marketing or promotional communications via email from AAS, you may opt out of such contacts by clicking on the unsubscribe button or link at the bottom of the email.
External Data Storage Sites
We may store your data on servers provided by third-party hosting vendors with whom we have contracted.
Changes to this Statement
AAS welcomes your questions or comments regarding this Statement of Privacy. If you believe that AAS has not adhered to this Statement, please get in touch with AAS at:
American Allergy Services, Inc.
1510 Whiskey Road
Aiken, South Carolina 29803
Effective as of June 01, 2023