Terms and Conditions ORALAIR.com
This web site, including all pages within this web site (the “Site”), is offered by GREER Laboratories, Inc. (“GREER”) and is accessible worldwide to anyone with Internet access. Access to and use of the Site is subject to these terms and conditions (“Terms and Conditions”) and all applicable laws and regulations, including laws and regulations governing copyright and trademark. BY ACCESSING THE SERVICE AND THE SITE, YOU AGREE TO BE BOUND BY, AND TO COMPLY WITH, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THESE TERMS AND CONDITIONS. Please exit this Site if you choose not to accept all of these Terms and Conditions. This Site is maintained by GREER and is intended for use by residents of the U.S. and its territories who are 18 years of age or older.
GREER reserves the right to change these Terms and Conditions from time to time in its sole discretion. The changes will appear on this screen. If you disagree with any changes to these Terms and Conditions, you must discontinue your use of the Site. Your ongoing use of the Site after the changes are posted signifies your agreement to the new or changed terms.
The content on the Site (the “Content”) is provided for informational purposes only. Nothing on this Site should be construed as the giving of advice or the making of a recommendation regarding any decision or action related to your health or the health of others. The content is not intended in any way to be a substitute for professional human or animal healthcare advice. Always seek the advice of your human or animal healthcare professional regarding any questions that you may have regarding a medical condition or before making any treatment decisions. If you are a doctor or other qualified human or animal healthcare professional, you should not allow the content of the Site to substitute for your own medical judgment, which you should exercise in evaluating the Content on the Site. Neither the Content nor any other service offered by or through the Site is intended to be a relief for allergy immunotherapy diagnosis or treatment. You expressly acknowledge and agree that GREER as well as its employees and suppliers are not responsible for the results of your decisions resulting from the use of the Site or your choice to seek or not to seek professional healthcare. GREER as well as its respective employees and suppliers shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your use of the Site or your reliance on the Content of the Site.
In order to use the Site, you may need access to the World Wide Web, either directly or through devices that access web-based content. It is your responsibility to pay any service and other fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web. You agree to access and use the Site in accordance with all applicable laws and regulations, including, without limitation, state and federal laws and regulations. You agree not to use the Site for any illegal or wrongful purposes.
Subject to the terms of these Terms and Conditions, GREER hereby grants to you a limited, nonexclusive, nontransferable license to access and use the Site (and Content therein) solely for your personal and noncommercial purposes. The license granted to you shall automatically terminate if you do not comply with any the terms of these Terms and Conditions. You may not use, download, or export the Site in violation of any applicable laws or regulations. You may not use the Site in any manner that could damage, disable, overburden, or impair GREER servers or networks, or interfere with any other party's use and enjoyment of the Site. GREER may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms and Conditions. You may not sell or modify the Content or reproduce, display, publicly perform, distribute or otherwise use any of the Content in any way for any public or commercial purpose.
You agree that you will not, and will not allow any third party to, (i) copy, sell, rent, lease, license, sublicense, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, assign, reverse engineer, disassemble, modify, loan, export or otherwise attempt to derive source code, technology or other materials in any form or by any means from the Site; (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Site; (iii) use the Site to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights; or (iv) remove, obscure, or alter GREER's or any third party's copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Site.
GREER reserves the right to change or discontinue, at any time, any aspect or feature of this Site. Content is subject to change without notice at the editorial discretion of GREER. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
The information contained in the Site, including, but not limited to, references, images, tools and other related items, are intended to be used only as a reference resource. NEITHER GREER, NOR ITS RESPECTIVE LICENSORS, AUTHORS, EDITORS, REVIEWERS, CONTRIBUTORS OR PUBLISHERS ARE RESPONSIBLE FOR ERRORS OR OMISSIONS OR FOR ANY CONSEQUENCES FROM RELIANCE ON THE SITE OR CONTENT AND MAKE NO WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO THE CURRENCY, COMPLETENESS, OR ACCURACY OF THE SITE OR CONTENT. Applying the information from the Site in a particular situation remains solely your responsibility. In addition, GREER does not endorse and is not responsible for the accuracy of the content from non-GREER sources, or for practices or standards of non-GREER sources. The use of the Site and the Content is at your own risk.
You acknowledge that in connection with the Site, information will be transmitted over local Exchange Interexchange and Internet Backbone Carrier Lines and through routers switches and other devices owned, maintained and serviced by third party local exchange and long distant carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of GREER and its suppliers. Accordingly, GREER 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 Site.
THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. GREER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. GREER, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR ACCURACY, RELIABILITY, COMPLETENESS, CORRECTNESS, TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE. GREER, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT MIGHT OTHERWISE ARISE FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. GREER DOES NOT MAKE ANY WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES GREER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE (INCLUDING THIRD PARTY CONTENT) OR THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
You represent and warrant that you possess the legal right and ability to enter into these Terms and Conditions and to use the Site in accordance with these Terms and Conditions. You agree to be financially responsible for your use of the Site and to comply with your responsibilities and obligations as stated in these Terms and Conditions.
The Site may contain information brought to you by third parties or through links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by GREER of the content on such third-party websites. GREER is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. GREER shall not be liable, directly or indirectly, for any damage or loss relating to your use of or reliance on such content or for the practices of any non-GREER site or resource operator. If you decide to access linked third-party websites, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use of such sites.
GREER DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, NO MATTER THEIR ALLEGED CAUSE NOR THEORY OF LIABILITY ON WHICH THEY ARE BASED, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA OR BUSINESS OPERATION. IN NO INSTANCE SHALL GREER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES WHATSOEVER, IN CONNECTION WITH YOUR USE OF THE SITE. YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE ABOUT YOUR USE OF THE SITE OR ITS CONTENTS IS LIMITED TO YOUR RIGHT TO STOP USING THE SITE. IF THE LAWS OF ANY JURISDICTION DO NOT ALLOW A COMPLETE EXCLUSION OR LIMITATION OF SUCH DAMAGES, SUCH DISALLOWANCE SHALL BE APPLIED ONLY TO THE MINIMUM EXTENT REQUIRED BY APPLICABLE LAW.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree to defend, indemnify and hold GREER, its officers, directors, employees, agents, representatives, licensors and suppliers, harmless from and against any claim, actions or demands, losses, costs, damages, liabilities and settlements including without limitation, reasonable attorneys’ and accounting fees, arising out of or resulting from, or alleged to arise out of or result from, your use of the Site, including the Content, or any associated programs (including any user-generated content you post or submit to GREER), your breach of any aspect of these Terms and Conditions or your violation or misappropriation of any rights of another in connection with the Site.
If any dispute arises between you and GREER concerning these Terms and Conditions or your use of the Site, the parties shall first try to resolve the dispute through good-faith negotiations. If such efforts prove unsuccessful, all controversies, claims, or disputes shall be submitted to binding arbitration pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq. The Commercial Arbitration Rules of the American Arbitration Association shall apply to the conduct of the hearing, which shall be held in Lenoir, North Carolina. The governing law shall be the laws of the State of North Carolina, without regard to its conflicts of laws provisions. The arbitration award shall be final and binding and may be confirmed and enforced in any court of competent jurisdiction. The parties shall bear equally the costs of the arbitration, but each party shall pay its own attorneys' fees incurred in connection with the arbitration or the confirmation or enforcement of any award.
The provisions of these Terms and Conditions concerning medical information/conditions, consent to collection and use of data, disclaimers of warranties, limitation of liability, indemnities, proprietary rights, dispute resolution, survival, interpretation of these Terms and Conditions and any other provisions of these Terms and Conditions that by their terms or nature survive even after you cease using the Site shall remain in effect after you cease using the Site.
You may not assign or transfer your rights or obligations under these Terms and Conditions without the prior written consent of GREER. GREER may assign these Terms and Conditions to a subsidiary, affiliate or successor to all or a substantial part of its business and assets without your consent. Subject to the foregoing, these Terms and Conditions will inure to the benefit of and be binding upon the successors and permitted assigns of the parties.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, such provision shall be reformed to as nearly as possible approximate the intent of the parties and all other provisions of these Terms and Conditions shall remain in full force and effect.
GREER's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and GREER, as a result of your use of the Site. You agree not to hold yourself out as a representative, agent or employee of GREER, and that GREER will not be liable by reason of any representation, act or omission to act by you.
These Terms and Conditions constitute the entire agreement between GREER and you with respect to your use of the Site, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between GREER and you with respect thereto.
Should you have any questions regarding the Site or the Terms and Conditions, please contact GREER at 1.800.378.3906 (between 8:30 am and 5:00 pm EST) or at email@example.com.