THESE MY ALLERGY SCORE TERMS OF USE ARE EFFECTIVE AS OF MARCH 2, 2026, AND REPLACE ANY PRIOR MY ALLERGY SCORE, LLC TERMS OF USE.
These Terms of Use (this “Agreement”) are between My Allergy Score, LLC, an Alabama limited liability company (“MAS”, “we”, or “us”) and you concerning your use of (including any access to): (a) the My Allergy Score application that we make available for download or access via an internet browser (“Application”), which is software intended to provide alerts and reminders for pre-determined intranasal medication dosing schedules and to record and transmit patient-entered medication adherence data to healthcare providers, and (b) data services made available by MAS to users of the Application that provide and permit the access, collection, storage, processing, analysis and/or transmission of data generated in the Application to a healthcare provider of a home User (“Data Services”). We refer to you as a “User” or “you” and the services provided through the Application as “MAS Services.”
By using (including accessing) the Application or by clicking “accept” to this Agreement, you are agreeing to this Agreement. PLEASE NOTE THAT THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
This Application is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Application, you represent and warrant that you are of legal age to form a binding contract with the MAS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Application.
MAS Services are not medical or healthcare services. You understand that MAS is not a healthcare professional and does not provide medical, health, or other professional services or advice, nor do we verify the accuracy of the data generated by, or created in connection with the use of the Application upon which the Application is installed (the “User Data”). MAS’s role is limited to providing alerts and reminders for pre-determined intranasal medication dosing schedules, offering tools that help you stay engaged with your prescribed allergy therapy, and facilitating the secure collection and transmission of your User Data to your chosen healthcare provider. MAS is independent from healthcare providers who provide telehealth and telemedicine services and is not responsible for such healthcare providers’ acts, omissions, or for any content of the communications made by healthcare providers to users of the Application. MAS does not engage in the practice of medicine. MAS Services and the Application are not replacements for proper medical care, and you agree that you are solely responsible for obtaining proper treatment for your conditions. The Application does not provide diagnosis, treatment, or patient-specific recommendations and must not be used to make or delay treatment decisions, including whether to receive or defer immunotherapy or other therapies, without the advice of your healthcare provider. Any patient-facing scores, indices, environmental notifications, forecasts, educational content, or other information made available through the Application are provided for general wellness, education, and engagement only and are not intended for diagnosis, treatment, or clinical decision-making. The Application is not intended for use in emergencies or for urgent decision-making. For emergencies or urgent symptoms, including but not limited to signs of a severe allergic reaction (such as difficulty breathing, swelling of the face, lips, tongue, or throat, or feeling faint), do not use the Application. Instead, call 911 or your local emergency number or seek in-person care immediately. You may, at your sole discretion, provide the information and reports received from Data Services to your healthcare providers, understanding that the Application is provided without warranty except as required by law or as otherwise expressly set forth in this Agreement.
1.2 Additional Terms. In addition to the terms set forth in this Agreement, any other terms and conditions that we post or make available through any MAS Service or otherwise make available to you apply to your use of the MAS Services and Application and are incorporated into and made a part of this Agreement. These additional terms include (but are not limited to) the following:
any consent or authorization you sign with or deliver to us in connection with your use of MAS Services or the Application;
our Privacy Policy located on the Application (the “Privacy Policy”); and
to the extent that your protected health information is provided to MAS, our Notice of Privacy Practices located on the Application (the “Notice of Privacy Practices”).
Notwithstanding anything in this Agreement to the contrary, if you are a healthcare provider that wishes to use or access the Application (whether directly or for use with one or more of your patients) or third party that desires to procure a license to the Application on behalf of one or more healthcare providers (a “Channel Partner”), our relationship with you with respect to the Application will be governed by a separate subscription agreement between you and MAS providing for a separate license to the Application (a “Subscription Agreement”), which must be entered into with MAS before MAS will have any obligations to you and before you are, or anyone acting through you, is authorized to use the Application (and then subject to the terms of the Subscription Agreement). With respect to the relationship between MAS and a healthcare provider or Channel Partner, if there is a conflict between this Agreement and the Subscription Agreement with respect to the Application, the Subscription Agreement shall control.
Permitted Users. The Application may only be used by individual home users that are patients of a healthcare provider who uses the Application pursuant to a Subscription Agreement. MAS is only required to provide the MAS Services and Application within the United States and not within any other jurisdiction. By using the Application, you consent to us sharing your data with your healthcare provider as well as such other uses and disclosures outlined in our Privacy Policy and Notice of Privacy Practices. You understand that this sharing is intended to support your adherence to your provider’s prescribed intranasal allergy therapy and to keep your provider informed, and that the Application does not provide diagnosis, treatment, or patient-specific medical recommendations. You should also refer to your healthcare provider's notice of privacy practices and other terms with respect to their use of your data.
Affiliate Relationship. MAS is under common ownership with the ENT Center of Northwest Alabama LLC, an Alabama company that provides healthcare and healthcare-related services independently and separately from MAS (the “Affiliate”). MAS is not responsible for the acts and healthcare operations of Affiliate, whose healthcare practice shall be separate from the business operations of MAS. Affiliate may refer its patients to use the Application and may execute any number of Subscription Agreements with MAS. Affiliate, including all healthcare professionals employed by Affiliate, shall not be responsible for providing MAS Services.
Changes to this Agreement. MAS can change the terms of this Agreement by notifying you of such changes by any reasonable means, including by posting a notice of new terms on our Application. Your clicking “accept” to the new terms or your continued use of any MAS Service or Application without objecting to the new terms after any such change is acceptance of the new terms. Any such changes will not apply to any dispute between you and us arising prior to the date on which we notified you of the revised Agreement incorporating such changes. If you do not agree with the new terms, you have the right to discontinue your use of the MAS Services and Application as described in Section 5.2 below.
Changes to the MAS Services or Application. MAS Services and the Application, and the business, development and activities of MAS, are subject to change, for example, to add new Application features, develop additional services to support new functionality, and offer new integrations, as determined from time to time by MAS in its discretion by notifying you of such changes by any reasonable means, including our posting of a notice on our Application or otherwise providing you with notice through the applicable MAS Service or Application. Subject to applicable law, your continued use of the applicable MAS Service or Application without objecting to the change after any such change is acceptance of the change. We reserve the right to introduce new features or functionality for which the payment of fees may be required. If you do not agree with the changes, you have the right to discontinue your use of the MAS Services and Application, as described in Section 5.2 below.
Website Requirements. Our Application is accessible through the internet by most smart phones or other smart devices (each, a “Smart Device”) capable of downloading applications from the Apple® App Store® or the Google Play® Store. You are responsible for each Smart Device you use to access our Application, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software.
Using Our Data Services and Application.
Data Services. MAS provides the MAS Services to facilitate the provision of telehealth by third party healthcare providers, and does not engage in the practice of medicine or separately provide healthcare services. By using the Application, you (a) consent to our monitoring and gathering of your User Data, (b) represent and warrant to us that you have given consent to receive telehealth services from your healthcare provider, who will use the Application and Data Services as non-medical ancillary tools to supplement medical treatment of your allergy symptoms. Our Data Services are intended to allow a home User and his or her healthcare provider, as applicable, to use the User Data to help the User, as applicable, by delivering allergy data to his or her healthcare provider. Use of our Data Services requires a Smart Device. Each Data Service receives User Data from the Application. Our Data Services process User Data applying proprietary methodologies, and provide User Data, and where applicable, reports, to Users and their healthcare providers. You acknowledge and agree that Data Services are not a substitute for regular monitoring and medical care, and that you will ensure that all appropriate treatment, attention, and efforts are made by and for the benefit of the User, as applicable, to maintain his or her health and wellness. Our collection, storage and transmission of User Data and any other information that you provide to MAS through MAS Services and the Application is governed by the Privacy Policy. Our Data Services allow you to send your User Data to your healthcare provider. By using the Data Services, you are authorizing us to send your User Data your healthcare provider. MAS does not verify or validate any information regarding such third parties or the information you have provided regarding them. Once your information has been provided to your healthcare provider, MAS has no further control or responsibility regarding that information. Our collection, storage, and transmission of data in connection with Data Services is governed by the Privacy Policy. You are responsible for connecting the Smart Device to the internet.
User Accounts. Our Data Service or Application may require the creation of a MAS user account within the Application (a “User Account”). If so, you are required to accurately complete and maintain the User Account and to provide us with all required information. You are responsible for obtaining, maintaining, and paying for all telecommunications and other services necessary for the use of the Data Services and/or the Application including, but not limited to, properly running compatible updated software and a suitable internet connection.
Consistent Use. Certain MAS Services and the Application will archive and store the data collected from Users (which archival and storage is governed by the Privacy Policy). As a result, such MAS Services and the Application must be used only with the proper User Account. Failure to do so may (a) cause the applicable MAS Service or the Application to perform improperly, or to not perform at all, (b) corrupt the User Data, or (c) cause inaccurate User Data to be associated with the User or cause the User Data to be inaccurately displayed or analyzed. See Section 7 for further information about warranties.
License Rights. Upon your acceptance of this Agreement, and so long as you comply with the terms of this Agreement, MAS grants you the personal, limited, and nonexclusive right to use (a) our Application for your personal noncommercial use until either party terminates this Agreement, (b) Data Services as they are intended to be used as described in this Agreement and on the Application, and (c) the Application as it is intended to be used as described at the relevant page of our Website, in the Application or in materials provided by us with or for the Application, all in accordance with the terms of this Agreement. MAS, Affiliate, and the third parties from which we license certain technology (“Licensors”) own all right, title and interest to the MAS Services and the Application; the information, artwork and other content available through or at MAS Services and Application; the processes, methodologies, documents and other materials we use to provide the MAS Services and Application or that we provide to you in connection with your use of MAS Services or Application; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to MAS Services and Application (“Intellectual Property Rights”). MAS Services and Application are subject to the notices of Intellectual Property Rights provided by MAS on the Application and you must abide by the requirements in all such notices. All Intellectual Property Rights are reserved by MAS, Affiliate, and Licensors, and no Intellectual Property Rights are granted to you except as set forth in this Section 4.4. Trademarks, service marks, trade dress, logos, names, and other symbols identifying MAS, MAS Services and the Application, and the goodwill relating thereto, are owned by MAS and its Licensors. You may not remove or alter any notice provided by MAS on or in connection with MAS Services or the Application.
Third Party Requirements. MAS Services and the Application may incorporate software, data, or other items licensed to us by third parties. Your use of such third party items is subject to the provisions of this Agreement. You must comply with the additional license provisions or other terms or permitted use restrictions required by licensors, manufacturers, or distributors of such third-party items, whether accompanying the product, posted at the applicable third party provider’s website, or that we otherwise provide or make available to you (as amended from time to time). The version of such license provisions that is applicable to your use is incorporated into and made a part of this Agreement.
Other Third-Party Software. MAS does not endorse, recommend, or validate any third-party software or equipment for use with MAS Services or the Application that MAS does not incorporate into the MAS Application. Any use by you of any such third-party software or equipment is at your sole risk. We have no responsibility or liability arising from your use of such third-party software or equipment, such as problems, inaccuracies, or malfunctions in peripheral devices, Smart Devices, MAS Services, or Application arising from such use.
Use Restrictions. You will not, and you will not permit anyone under your control to do or attempt to do any of the following:
use MAS Services or Application to harm, threaten, or harass any person or organization;
use MAS Services or Application for commercial purposes or to benefit any third party;
use or attempt to use any unauthorized means to modify, reroute, or gain access to MAS Services or Application;
damage, disable, overburden, interfere with or impair MAS Services (or any network or device connected to a MAS Service) or the Application;
enable unauthorized third-party applications to access or interface with MAS Services or Application;
share your account password or otherwise authorize a third party to access or use MAS Services or Application on your behalf;
sublicense or transfer any of your rights under this Agreement;
modify, copy, or make derivative works based on any MAS Service or the Application;
reverse engineer or derive the source code for the MAS Services or Application;
create Internet “links” to or from any MAS Service or “frame” or “mirror” any content which forms part of any MAS Service or the Application;
use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use any MAS Service or Application, or to copy or scrape data from any MAS Services or Application;
otherwise use any MAS Service or the Application in any manner that exceeds the scope of use granted to you in this Agreement; or
use unauthorized software or hardware to access any MAS Service or the Application or to modify any MAS Service or the Application in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades, or unauthorized downloads).
Misuse. Misusing the MAS Service or the Application, improperly accessing it or the information it processes and transmits, or taking other unauthorized actions may put the User (or their User Data) at risk, cause the MAS Service or the Application to malfunction, or otherwise prevent or hinder the proper and intended use of the MAS Service or the Application. Accordingly, any such misuse is not permitted.
Unavailability. MAS Services and Application may be interrupted or unavailable from time to time. We will not be liable to you for any interruption or unavailability of the MAS Services or Application.
Feedback. You may provide written or verbal feedback, suggestions, comments, or input to us relating to MAS Services, Application, or other opportunities for our existing or future activities (“Feedback”). By providing Feedback to us, you grant to us the worldwide, nonexclusive, unrestricted, perpetual, irrevocable (on any basis whatsoever), royalty free right for us to use such Feedback in any way we determine, including through third parties, without any obligation to you for compensation, attribution, accounting or otherwise. You will only provide to us Feedback for which you have the right to grant to us the rights listed in the preceding sentence.
Certain Assurances. You represent, warrant, and agree that all information you provide to us will be true, accurate, current, and complete, and you will only use MAS Services and Application for your personal (non-commercial) benefit, in accordance with this Agreement.
MAS is not responsible for third-party matters. Without limiting the provisions of this Agreement or expanding the scope of MAS’s responsibilities, MAS is not responsible for outages or defects in power, telecommunications, computers, Smart Devices, third party software and any other event outside of MAS’s direct control.
Suspension. To the extent permitted by applicable law, MAS may suspend or terminate any part of the MAS Service or Application or suspend or terminate your right to use any MAS Service or Application at any time and as it determines for any reason (including without limitation upon non-payment by you or your healthcare provider for any paid service). By way of example, we may suspend or terminate a MAS Service or Application if you have, or if we reasonably believe you have, violated this Agreement, or in connection with any event or legal development beyond our control that hinders or prevents our ability to offer any MAS Service or Application. To the extent reasonable, we will notify you at least twenty-four (24) hours in advance of any such suspension or termination. However, if you materially violate this Agreement (including any use of MAS’s resources that exceeds or circumvents MAS’s reasonable restrictions, such as accesses, calls, or other uses of any application programming interface or server resources that MAS makes available), we can immediately suspend or terminate your right to use any MAS Service or Application. In addition, we have no obligation to support any version of the Application or any MAS Service once a new version of the Application or such MAS Service is released.
Voluntary Termination. You may terminate your use of any MAS Service or the Application by ceasing your use of the MAS Service or the Application. You are not obligated to continue using any MAS Service or the Application, whether you terminate or not. Simply ceasing use of the MAS Service or Application or uninstalling the Application from your Smart Device will not delete your account or your personal data associated with your account. Please see the Privacy Policy for information on how to delete your personal data.
Termination of Service. If your use of a MAS Service or the Application is terminated for any reason, (a) we may retain all of your personal information associated with your use of the Application or a MAS Service for which you are registered as long as it is required or permitted by applicable law, (b) your rights to use the MAS Service and the Application will terminate, and (c) Sections 1, 4.1 (second to last sentence only), 4.7, 4.9-4.12, 5.3, and 6-15 will survive such termination and continue to apply to the parties. Subject to your rights under the Privacy Policy, we may retain your Personal Information, so that if you later re-activate your account, we would re-associate your retained Personal Information with your newly re-activated account, provided that you provide us with appropriate information enabling us to make the proper association. Notwithstanding the foregoing, if your use of the Application or MAS Service is terminated for any reason, we may, without liability to you or any third party and to the full extent permitted by applicable law, immediately deactivate or delete your user name, password, account, and all associated materials (including personal information), without any obligation to provide any further access to such materials.
Resolution of Disputes. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND MAS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY (EACH, A “DISPUTE”), WILL BE RESOLVED EXCLUSIVELY IN THE FEDERAL COURTS OF THE UNITED STATES OR THE COURTS OF THE STATE OF ALABAMA, IN EACH CASE LOCATED IN THE CITY OF FLORENCE, ALABAMA, AND YOU WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION BY SUCH COURTS AND TO VENUE IN SUCH COURTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE THAT MAS AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE INVOLVING A DISPUTE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH ACTION OR CLAIM IS PERMANENTLY BARRED.
Governing Law. Except to the extent prohibited by applicable law, the terms of this Agreement are governed by the laws of the State of Alabama, without regard to its principles of conflicts of law and regardless of your location.
Notice of Dispute. In the event of a dispute arising under or relating to this Agreement, the disputing party must provide the other party with written notice of the dispute, including the facts giving rise to the dispute and the relief sought by the disputing party. We will provide such notice by email to your email address. You will provide such notice to MAS by mail or overnight delivery at the following address: MY ALLERGY SCORE, LLC, 210 Seville Street, Florence, Alabama 35634, ATTN: Manager.
Equitable Relief. Any violation of MAS’s or its Licensors or suppliers intellectual or industrial property rights will cause such persons irreparable harm for which monetary damages are an inadequate remedy, and such persons are entitled to temporary, preliminary, and permanent injunctive relief and specific performance without the posting of bond or other security, or if required, the minimum bond or security required, and without being obligated to prove damages.
No Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAS SERVICES AND THE APPLICATION ARE PROVIDED “AS-IS” AND ON AN “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND YOU USE THE MAS SERVICES AND APPLICATION AT YOUR OWN RISK.
EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, MAS DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR USE, QUIET ENJOYMENT, ACCURACY, OPERATION, COMPLIANCE WITH DOCUMENTATION AND NON-INFRINGEMENT. MAS DISCLAIMS, AND THIS AGREEMENT DOES NOT INCLUDE, THE PROVISIONS OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, THE UNIFORM COMMERCIAL CODE, THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, AND ANY OTHER PROVISIONS IMPLIED INTO THIS AGREEMENT IF NOT DISCLAIMED.
MAS DOES NOT MAKE ANY WARRANTIES THAT MAS SERVICES, THE APPLICATION, OR ANY DATA OR REPORTS PROVIDED BY MAS, WILL MEET YOUR REQUIREMENTS, BE RETRIEVABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ALL ERRORS WILL BE CORRECTED.
MAS DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, MAS SERVICES, OR THE APPLICATION.
MAS DOES NOT WARRANT ANY THIRD-PARTY DEVICE, SMART DEVICE, SOFTWARE, SERVICE OR DATA THAT YOU MAY USE IN CONNECTION WITH THE APPLICATION OR MAS SERVICE, WHETHER OR NOT SUCH THIRD PARTY ITEM IS DESCRIBED IN, OR AVAILABLE OR CAN BE CONNECTED TO THROUGH, ANY APPLICATION OR MAS SERVICE.
NO INFORMATION OR COMMUNICATIONS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH MAS, MAS SERVICES OR THE APPLICATION WILL CREATE ANY WARRANTY.
MAS DOES NOT ASSUME ANY OBLIGATION TO, AND DOES NOT WARRANT THAT IT WILL, CREATE OR INCLUDE ADDITIONAL FEATURES OR FUNCTIONALITY FOR MAS SERVICES OR THE APPLICATION.
WITHOUT LIMITING YOUR RIGHTS UNDER APPLICABLE LAW, IF YOU ARE DISSATISFIED WITH ANY PORTION OF MAS SERVICES OR THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THEIR USE.
Liability Limitations and Your Responsibility.
SUBJECT TO SECTION 8.7, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL MAS’S AFFILIATES, LICENSORS, SUPPLIERS AND OTHER THIRD PARTIES WITH WHICH MAS HAS A CONTRACTUAL RELATIONSHIP (INCLUDING ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS) HAVE ANY LIABILITY WHATSOEVER ARISING FROM OR RELATING TO MAS SERVICES, THE APPLICATION, OR THIS AGREEMENT, WHETHER FOR DIRECT OR ANY OTHER TYPE OF DAMAGES WHATSOEVER.
SUBJECT TO SECTION 8.7, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NEITHER MAS, ITS AFFILIATES, NOR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS (COLLECTIVELY, “MAS PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE MAS SERVICES OR THE APPLICATION.
SUBJECT TO SECTION 8.7, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE MAS PARTIES SHALL BE LIABLE FOR ANY CONSEQUENTIAL, UNFORESEEABLE, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOSS OF DATA OR BUSINESS INTERRUPTION WHETHER THE CLAIM OR DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), EXTRA-CONTRACTUAL LIABILITY, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF MAS, ITS AFFILIATES, OR A PERSON AFFILIATED WITH EITHER OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES EXCLUDED IN THIS SECTION 8, AND EVEN IF SUCH EXCLUSIONS CAUSE THIS AGREEMENT OR ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.
SUBJECT TO SECTION 8.7, EXCEPT TO THE EXTENT THAT SUCH LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE MAS PARTIES SHALL BE LIABLE FOR TOTAL DAMAGES FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, MAS SERVICES, AND/OR THE APPLICATION IN AN AGGREGATE AMOUNT GREATER THAN $500.
SUBJECT TO SECTION 8.7, EXCEPT TO THE EXTENT THAT SUCH EXCLUSION OR LIMITATION IS PROHIBITED UNDER APPLICABLE LAW, NONE OF THE MAS PARTIES SHALL BE LIABLE FOR THE ACTIONS OR OMISSIONS OF A USER OR ANY THIRD PARTY.
SUBJECT TO SECTION 8.7, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS (INCLUDING, WITHOUT LIMITATION, THOSE SET OUT IN SECTION 7) MAY NOT APPLY TO YOU, AND YOU MAY HAVE CERTAIN ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT OUR LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW, AND THIS AGREEMENT WILL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH APPLICABLE LAW.
Nothing in this Section 8 is intended to limit or exclude liability to the extent that such liability is mandatory under applicable law and arises from the following: (a) death or personal injury resulting directly from willful or reckless act(s) or omission by MAS or any of its employees or agents; or (b) any fraudulent misrepresentation on the part of MAS.
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless MAS, Affiliate, Licensors, suppliers and other contract relationships (including the officers, directors, employees, consultants, and agents of each) from and against any and all third-party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information you submit, post or transmit through MAS Services or Application, (b) your use of MAS Services or the Application, (c) your violation of this Agreement, or (d) your violation of any rights of any other person or entity.
Notices; Questions or Complaints. Except as expressly provided elsewhere in this Agreement, we will provide any notice under this Agreement by email to your email address. You will provide any notice under this Agreement to MAS (or contact us regarding any question or complaint) by mail or overnight delivery at the following address: My Allergy Score, LLC, 210 Seville Street, Florence, Alabama 35634. If you are located in the United States, send an e-mail to contact@entcenteralabama.com. Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include any sensitive information in your e-mail correspondence with us.
Severability. In the event that any court holds any provision of this Agreement to be void, invalid or unenforceable, such provision will be modified to the minimum extent necessary to be effective, valid and enforceable while preserving the original intentions of the parties to the greatest extent possible, and the other provisions of this Agreement will remain in full force and effect and enforceable according to their terms.
Assignment. We may assign this Agreement in whole or in part at any time without notice (except to the extent such notice is mandatory under applicable law, in which case such notice may be made via a posting to our Website). You may not assign this Agreement or transfer any rights to use MAS Services or Application.
Apple-Specific Terms. In addition to the foregoing, and notwithstanding anything to the contrary herein, the following provisions in this Section 12 apply with respect to your use of any version of the Application compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the Application. Apple is not providing any warranty for the Application except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Application and will not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Application, including any third-party product liability claims, claims that the Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Application, including those pertaining to intellectual property rights, must be directed to us in accordance with Section 9. The license you have been granted herein is limited to a non-transferable license to use the Application on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Use. In addition, you must comply with the terms of any third-party agreement applicable to you when using the Application, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Relationship; No Third-Party Beneficiaries. Our relationship with you is as an independent contractor, and nothing in this Agreement creates an agency or partnership. Except for MAS’s licensors (and to the extent provided by Section 12, Apple, and Apple’s subsidiaries), there are no third-party beneficiaries to this Agreement.
Complete Agreement. This Agreement is the complete and final agreement between the parties relating to MAS Services and the Application; supersedes any prior agreements or communications between the parties; and may only be modified as described in this Agreement (see Section 2.1). Failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Application infringe your copyright, you (or your agent) may send to MAS a written notice by mail or by e-mail requesting that MAS remove such material or block access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through any MAS Service, the DMCA permits you to send to MAS a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See www.copyright.gov for details. Notices and counter-notices must be sent in writing to MAS’s DMCA agent as follows: By mail to Conroy Baran, LLC, 1316 Saint Louis Avenue, 2nd Floor, Kansas City, Missouri 64101 or by e-mail to dmca@conroybaran.com. You can also reach MAS's DMCA agent at the following phone number: (816) 388-9686.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice. You may have equivalent rights under other applicable laws. Please be aware that if you knowingly materially misrepresent that material or activity on the MAS Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.