PLEASE READ THESE TERMS OF USE CAREFULLY. THEY INCLUDE A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTION RIGHTS.
Welcome. These Terms of Use (“Terms”) govern your access to and use of the websites, mobile applications, and other technology services (collectively, the “Platform”) provided by Los Angeles Food Allergy Institute, Inc., a California professional corporation [d/b/a AllergyDox/HeyAllergy](the "Company,” “we,” “us,” or “our”). If you are using the Platform on behalf ofa minor, you agree to these Terms on behalf of that minor.
1. Our Services: The Platform and Medical Care
Our services consist of two distinct parts: the technology platform and the clinical medical services.
• The Platform: We provide the Platform to help you connect with affiliated medical providers, manage your appointments, and access health information. The Platform itself DOES NOT PROVIDE MEDICAL ADVICE OR CARE.
• Medical Services: Clinical medical services, including in-person care and telehealth consultations (“Medical Services”), are provided by licensed medical professionals
practicing within Los Angeles Food Allergy Institute, Inc., a California professional corporation (the “Medical Group”). The Company is not a medical practice and does not
interfere with the practice of medicine by the Medical Group. Your relationship with the Medical Group is subject to a separate Patient Consent to Treatment, which you
will receive when you become a patient.
2. Your Eligibility
You must be at least 18 years of age to create an account on the Platform. If you are a parent or legal guardian, you may use the Platform on behalf of a minor, provided you represent and warrant that you have the legal authority to do so. The Platform is for use by individuals located in the United States only.
3. Your Account
You agree to provide accurate and complete information when creating your account and to keep this information updated. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use.
4. Prohibited Uses
You agree not to:
• Use the Platform for any illegal purpose or in violation of any laws.
• Attempt to interfere with, damage, or gain unauthorized access to the Platform.
• Use any robot, spider, or other automated device to access the Platform.
• Use the Platform for any commercial purpose without our written consent.
5. Disclaimers
THE PLATFORM AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
CONTENT ON THE PLATFORM IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OF THE PLATFORM. OUR TOTAL LIABILITY TO YOU ARISING FROM THESE TERMS OR THE USE OF THE PLATFORM WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100 OR THE AMOUNTS YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
7. Indemnification
You agree to defend, indemnify, and hold harmless the Company, the Medical Group, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, and costs arising out of your access to or use of the Platform or your violation of these Terms.
8. Dispute Resolution: Binding Arbitration
Agreement to Arbitrate: You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (“Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent infringement of intellectual property rights.
Class Action Waiver: YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Arbitration Opt-Out: You may opt out of this arbitration agreement. If you do so, neither you nor the Company can require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing within 30 days of the date you first became subject to this arbitration provision. You must send your notice to: Los Angeles Food Allergy Institute, Inc., Attn: Legal Department, 201 S. Buena Vista St., Suite 310, Burbank, CA 91505.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
9. General Provisions
• Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Platform.
• Governing Law: These Terms will be governed by the laws of the State of California, without regard to its conflict of laws provisions.
• Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms, including in connection with a merger, acquisition, or sale of assets related to one or all of our brands.
• Contact: If you have any questions about these Terms, please contact us at [HeyAllergy: hello@heyallergy.com/ AllergyDox: hello@allergydox.com/ LA Food Allergy Institute: hello@lafoodallergy.com].
10. Acknowledgment and Acceptance of Terms
By checking the box below and clicking “I Agree,” you acknowledge that you have read, understand, and agree to be legally bound by these Terms of Use, including the binding arbitration agreement and class action waiver.
