CONDITIONS OF USE
Last Updated: April 23, 2024
Allez Health, Inc. and/or their affiliates ("Allez Health") provide features and other products and services to you when you visit allezhealth.com (the "Allez Health Website"), use Allez Health devices, products, or services, use Allez Health applications, or use software provided by Allez Health in connection with any of the foregoing (collectively "Allez Health Services"). Allez Health provides the Allez Health Services to you subject to the conditions set out on this page.
PRIVACY
Please see our Privacy Notice on the Allez Health Website to understand how we collect and process your personal information through Allez Health Services.
ELECTRONIC COMMUNICATIONS
When you use Allez Health Services, or send e-mails, text messages, and other communications from your device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages through Allez Health Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included in or made available through any of the Allez Health Services, such as text, graphics, logos, and software is the property of Allez Health or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any of the Allez Health Services is the exclusive property of Allez Health and protected by U.S. and international copyright laws.
TRADEMARKS
Graphics, logos, button icons, and scripts, included in or made available through any of the Allez Health Services are trademarks or trade dress of Allez Health in the U.S. and other countries. Allez Health's trademarks and trade dress may not be used in connection with any product or service that is not Allez Health 's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Allez Health. All other trademarks not owned by Allez Health that appear in any of the Allez Health Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Allez Health.
PATENTS
One or more patents owned by Allez Health apply to the Allez Health Services and to the features and services accessible via the Allez Health Services. Portions of the Allez Health Services operate under license of one or more patents.
FEEDBACK
You may provide written or verbal feedback, suggestions, comments, or input to us relating to Allez Health Services, Software Apps, Allez Health Products, User Devices, 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE ALLEZ HEALTH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALLEZ HEALTH SERVICES ARE PROVIDED BY ALLEZ HEALTH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ALLEZ HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALLEZ HEALTH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALLEZ HEALTH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ALLEZ HEALTH SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, ALLEZ HEALTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALLEZ HEALTH DOES NOT WARRANT THAT THE ALLEZ HEALTH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALLEZ HEALTH SERVICES, ALLEZ HEALTH'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM ALLEZ HEALTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, ALLEZ HEALTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY ALLEZ HEALTH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY OF THE ALLEZ HEALTH SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
DISPUTES
Any dispute or claim relating in any way to your use of any of the Allez Health Services, or to any products or services sold or distributed by Allez Health will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
APPLICABLE LAW
By using any Allez Health Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Allez Health.
The Allez Health Services are controlled, operated and administered by Allez Health from offices within the USA. If you access Allez Health Services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Allez Health Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on the Allez Health Website. These policies also govern your use of Allez Health Services. We reserve the right to make changes to our Allez Health Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
CONTACT INFORMATION
Allez Health
2810 Caribou Court, Suite 110
Carlsbad CA 92010
Email Address: inquiries@allezhealth.com