Terms & Conditions
The information
contained in this online site is and intended to provide broad consumer
understanding and knowledge of allergy, sinus, asthma and sleep topics
and products. The information is compiled from a variety of sources
("information providers") but should not be considered complete
and should not be used in place of a visit, call, consultation,
or advice of your physician or other health care provider. The AllergyBuyersClub.com and SleepBuyersClub.com ( ABC/SBC ) do not recommend the self-management of health problems,
nor does it promote or recommend any particular form of medical
treatment. People using information accessed through the AllergyBuyersClub.com and/or SleepBuyersClub.com website should also research original sources of authority.
Information obtained by using the AllergyBuyersClub.com and/or SleepBuyersClub.com is not exhaustive
and does not cover allergy- related treatments. AllergyBuyersClub.com and SleepBuyersClub.com
make no warranty as to the reliability, accuracy, timeliness, usefulness,
or completeness of the information. AllergyBuyersClub.com, SleepBuyersClub.com, other sponsors
or "information providers" of the AllergyBuyersClub.com and/or the SleepBuyersClub.com cannot and
do not warrant against human and machine errors, omissions, delays,
interruptions, or losses, including loss of data. Should you have
any health care-related questions, please call or see your physician
or other health care provider promptly. You should never disregard
medical advice or delay in seeking it because of something you have
read on this site. Information accessed through this online site
is provided "AS IS" and without warranty, express or implied. All
implied warranties of merchantability and fitness for a particular
use or purpose are hereby excluded. AllergyBuyersClub.com and/or SleepBuyersClub.com and other, "information providers" cannot and do not
guarantee or warrant that files available for downloading this online
site will be free of infection, or viruses worms, Trojan horses,
or other code that manifest contaminating or destructive properties.
Neither AllergyBuyersClub.com, SleepBuyersClub.com or other "information providers" shall
be responsible for information provided herein under any theory
of liability or indemnity. Liability of AllergyBuyersClub.com and/or SleepBuyersClub.com or
other "information providers", if any, for damages ( including without
limitation, liability arising out of contract, negligence, strict
liability, tort or patent of copyright infringement) shall not exceed
the fees paid by the user for the particular information or service
provided. In no event shall the AllergyBuyersClub.com and/or SleepBuyersClub.com or other "information
providers" be liable for any damages other than the amount referred
to above, and all other damages, direct or indirect, special, incidental,
consequential, or punitive, are hereby excluded even if the Allergy
Buyers Club and/or Sleep Buyers Club or other "information providers" have been advised
of the possibility of such damages.
The AllergyBuyersClub.com and SleepBuyersClub.com services
are online information and communications services provided by
AllergyBuyersClub.com, SleepBuyersClub.com or their sponsors subject to your compliance
with the terms and conditions set forth below, including all exhibits
hereto and the other information which is available in the registration
process and on the online service and incorporated by reference
in this Agreement. This Agreement consists of the terms and conditions
set forth below, including all exhibits hereto and the information.
PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE ACCESSING OR USING THE ONLINE SERVICE, YOU AGREE
TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SERVICE. AllergyBuyersClub.com MAY MODIFY
THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATEDLY UPON EITHER POSTING,OF THE MODIFIED AGREEMENT OR NOTIFYING
YOU. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICES
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Software License.
By this Agreement, AllergyBuyersClub.com and SleepBuyersClub.com grant to you, subject
to the terms of this Agreement, a non-transferable and non-exclusive
license to use any software and documentation, together with all
updates, enhancements, modifications, and fixes thereto, which are
owned by AllergyBuyersClub.com, SleepBuyersClub.com and/or their Licensors.
2. Equipment.
You must provide, at your own cost, all telephone and other equipment
and services (including where necessary, telephone service and Internet
access service) necessary to access the Service.
3. Operating
Policies. You agree to comply with the Operating Policies set forth
in Exhibit A which are the rules that govern user activity in connection
with the Service as they may be amended by AllergyBuyersClub.com and/or SleepBuyersClub.com from time to time. AllergyBuyersClub.com and/or SleepBuyersClub.com may remove any communications
and materials that AllergyBuyersClub.com and/or SleepBuyersClub.com believes in its sole discretion
to violate the Operating Policies, however AllergyBuyersClub.com and/or SleepBuyersClub.com does not guarantee that it will remove any or all of such material.
Violations of the Operating Policies or other provisions of this
Agreement may also result in termination or suspension of the Service.
4. Copyright,
Licenses, and Idea Submissions. The entire contents of the Service
are copyrighted as a collective work under the United States and
other copyright laws. AllergyBuyersClub.com and SleepBuyersClub.com hold the copyright
in the collective work. The collective work includes work which
are the property of AllergyBuyersClub.com's and SleepBuyersClub.com's Licensors which are
also protected by copyright and other intellectual property laws.
You may display and download portions of the material from the different
areas of the Service solely for your own non-commercial use. Any
redistribution, retransmission, or publication of any material is
strictly prohibited without the express written consent of the copyright
owner. You agree not to change or delete any proprietary notices
from materials downloaded from the Service.
5. You agree
to grant to AllergyBuyersClub.com and SleepBuyersClub.com non-exclusive, worldwide, royalty-free,
perpetual license, with the rights to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicity display and publicity
perform any materials and other information (including, with out
limitation, ideas contained therein for new or improved products
or services) you submit to public areas of the Service (such as FAQ) by all means
and in any media now known or hereafter developed. You agree that
you shall have no recourse against AllergyBuyersClub.com and/or SleepBuyersClub.com for any
alleged or actual infringement or misappropriation of any proprietary
right in your communication to us.
6. Review. AllergyBuyersClub.com and SleepBuyersClub.com DO NOT AND CANNOT REVIEW ALL COMMUNICATIONSAND
MATERIALS POSTED OR UPLOADED TO THE SERVICE; AND IS NOT RESPONSIBLE
FOR THE CONTENT OF THESE COMMUNICATIONS AND MATERIALS. HOWEVER,
AllergyBuyersClub.com and SleepBuyersClub.com RESERVE THE RIGHT TO BLOCK OR REMOVE COMMUNICATIONS
OR MATERIALS THAT IT DETERMINES TO BE (A) ABUSIVE, DEFAMATORY, OR
OBSCENE, (B) FRAUDULENT, DECEPTIVEE, OR MISLEADING, (C) IN VIOLATION
OF A COPYRIGHT, TRADEMARK OR; OTHER INTELLECTUAL PROPERTY RIGHT
OF ANOTHER OR (D) OFFENSIVE OR OTHERWISE UNACCEPTABLE TO AllergyBuyersClub.com and/or SleepBuyersClub.com AT ITS SOLE DISCREATION. ANY MESSAGES, ADVICE, OPINIONS,
OR OTHER INFORMATION CONTAINED IN ANY DISCUSSION AREA SHOULD NOT
BE CONSTRUED AS PROFESSIONAL ADVICE OR INSTRUCTION.
7. Indemnification.
You agree to indemnify, defend and hold harmless AllergyBuyersClub.com, SleepBuyersClub.com,
its officers, directors, employees, agents, licensors, suppliers,
and "service providers" from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of this Agreement or any activity related to your
account (including negligent or wrongful conduct) by you or any
other person accessing the online service using your Service account.
8. Third Party
Rights. The provisions of paragraphs 5 (use of online service) and
6 (Indemnification) are for the benefit of AllergyBuyersClub.com and SleepBuyersClub.com and their officers, directors, employees, agents, licensors, suppliers,
and "service providers". Each of these individuals or entities shall
have the right to assert and enforce those provisions directly against
you on its own behalf.
9. Term; Termination.
This Agreement shall commence upon your accessing the online service
and/or completing the registration process. This Agreement may be
terminated by AllergyBuyersClub.com and/or SleepBuyersClub.com without notice at any time for
any reason and may be terminated by you upon notice to AllergyBuyersClub.com and/or SleepBuyersClub.com at any time for any reason. The provisions of paragraphs
4 (Copyright, License, and Idea Submission), 5 (Use of Online Service),
6 (Indemnification), 7 (Third Party Rights) and 9 (Miscellaneous)
shall survive any termination of this Agreement.
10. Miscellaneous.
This Agreement shall be governed by and construed in accordance
with the laws of the Commonwealth of Massachusetts. You agree that
any legal action or proceeding between AllergyBuyersClub.com and/or SleepBuyersClub.com and
you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a court of competent jurisdiction
sitting in Massachusetts. Any cause of action or claim you may have
with respect to the online service must be commenced within one
(1) year after the claim or cause of action arises. AllergyBuyersClub.com's and/or SleepBuyersClub.com's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. AllergyBuyersClub.com and/or SleepBuyersClub.com may assign its rights and
duties under this Agreement to any party at any time without notice
to you.
11. The Allergy
Buyers Club is a service mark of AllergyBuyersClub.com. The Sleep Buyers Club is a service mark of SleepBuyersClub.com. Other trademarks
and service marks appearing on the Service may be owned by other
parties including third parties not affiliated with AllergyBuyersClub.com or SleepBuyersClub.com. |