Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

By accessing and using the Site, you accept the Terms without limitation or qualification.

AllerPassMD may at any time revise these Terms by updating this posting. You are bound by such revisions and should therefore visit this page to review the current Terms from time to time.

AllerPassMD reserves the right, without notice and for any reason, to remove any content on the Site, and to deny access of any user or users to all or any part of the Site.

Information Service

AllerPassMD is an information service. We collect and present information as it is provided by the listed establishments. We are not responsible for the truthfulness or completeness or timeliness of such information. Although we strive to keep the information as current as possible, we strongly urge users to contact the hotel directly and verify the information before making a reservation. The information presented does not constitute a real or implied guarantee or endorsement of any the products, technologies, procedures or health outcomes related to or claimed by the manufacturers, distributors or users of those products, technologies or procedures.

Important Health Warning.

The listings and hotel scores are not a substitute for appropriate medical care. Successful management of asthma and allergy is a function of the individual patient, the managing doctor and a variety of external and internal factors. The information is a guide to facilitate rational decision making but does not replace appropriate management of asthma and allergies. The information is not a guarantee against the development of potentially severe symptoms of allergy or asthma while traveling. Never disregard professional medical advice or delay in seeking it because of something you have read on the AllerPassMD Site!

Hotel Ratings

AllerPassMD rating system is provided for your reference. Like other well-known hotel rating systems, AllerPassMD uses a number of factors in evaluating the quality of room modifications. Our ratings systems differs from those of other rating systems that you may be familiar with. We do not warrant or guarantee that our rating system is equal to or consistent with any other rating system.

Copyright and Trademark Notices

You should assume everything on the Site is copyrighted unless otherwise noted. Except as provided in the Terms or with the express written consent of AllerPassMD or any third party AllerPassMD deems necessary, you may not use, reproduce, modify, transmit, distribute, publicly display or perform this Site or any portion thereof. AllerPassMD neither warrants nor represents that your use of the material displayed on the Site will not infringe rights of third parties. Images of people or places displayed on the Site are either the property of, or used with permission by, AllerPassMD. Use of these images by you or other third parties is prohibited unless expressly permitted in the Terms or elsewhere on the Site. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

AllerPassMD authorizes you to view or download a single copy of the material on the AllerPassMD Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2010, AllerPassMD, LLC. All rights reserved" and other copyright and proprietary rights notices that are contained in the Content.

All contents of this website are copyrighted © 2010 AllerPassMD, LLC. All rights reserved. AllerPassMD, L.P. is not responsible for content on websites operated by parties other than AllerPassMD, LLC. AllerPassMD, the AllerPassMD logo and Suitcase Allergist are trademarks or registered trademarks in the U.S. Other product and company names mentioned herein may be the trademarks of their respective owners. The names, words, titles, phrases, logos, trademarks or service marks, icons, graphics or designs or other content ("Trademarks") displayed on the Site are the property of AllerPassMD and other parties, and may be registered and unregistered Trademarks of AllerPassMD and others. Nothing contained on the Site should be construed as granting by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of AllerPassMD or such third party that may own the Trademark. Misuse of any Trademarks, or any other content, displayed on the Site is prohibited. AllerPassMD reserves the right to enforce its intellectual property rights through civil and criminal proceedings.

If you are aware of an infringement of our brand, please let us know by e-mailing us at admin@allerpassmd.com. We only address messages concerning brand infringement at this email address.

Liability of AllerPassMD

The use of the AllerPassMD Site and the Content is at your own risk.

When using the AllerPassMD Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of AllerPassMD and its suppliers. Accordingly, AllerPassMD 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 AllerPassMD Site.

In no event shall AllerPassMD or any third parties mentioned on the AllerPassMD Site be liable for any damages resulting from the use of or inability to use the AllerPassMD Site or the Content.

User Submissions

The personal information you submit to AllerPassMD is governed by the AllerPassMD Privacy Policy. To the extent there is an inconsistency between this Agreement and the AllerPassMD Privacy Policy, this Agreement shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission you agree that you will not send or transmit to AllerPassMD by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to AllerPassMD by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, photo or video, concept or invention to AllerPassMD by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-AllerPassMD a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. AllerPassMD may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to AllerPassMD by email. We try to answer every email in a timely manner, but are not always able to do so.

You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.

By uploading any media on the AllerPassMD site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.

AllerPassMD reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Advertisements, Searches, and Links to Other Sites

AllerPassMD may provide links to third-party web sites. AllerPassMD has not reviewed all of the sites which are linked to the Site, and the existence of such links does not indicate our approval or endorsement of any material contained on any linked site. AllerPassMD is not responsible for the contents of any site linked to the Site; your connection to any such linked site is at your own risk.

Indemnity

You agree to defend, indemnify, and hold AllerPassMD, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

No Liability

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. AllerPassMD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. AllerPassMD AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE.

YOUR USE OF THE MATERIALS IS AT YOUR OWN RISK. IN NO EVENT SHALL AllerPassMD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF AllerPassMD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

General

AllerPassMD is based in Stowe, Vermont, in the United States of America. AllerPassMD makes no claims that AllerPassMD and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the AllerPassMD Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions - image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with AllerPassMD, or in any way relating to your use of the AllerPassMD Site, resides in the courts of the State of Vermont and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Vermont in connection with any such dispute including any claim involving AllerPassMD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of Vermont, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting AllerPassMD's copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

AllerPassMD's agent for copyright issues relating to this web site is as follows:

In an effort to protect the rights of copyright owners, AllerPassMD maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the AllerPassMD Site, these Terms and Conditions and the AllerPassMD Privacy Policy constitute the entire agreement between you and AllerPassMD with respect to the use of the AllerPassMD Site, and Content.

Thank you for your cooperation. We hope you find the AllerPassMD.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to: AllerPassMD POB 599, Stowe VT 05672 USA