Disclaimer

This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and the Two River Allergy and Asthma Group (hereafter "TRAA") and its affiliates ("TRAA"), the owner and operator of www.mdinhale.com, with respect to the use of this website (the "Site"). The products and services of TRAA are provided subject to compliance with the terms of this Agreement. Your use of this Site signifies and constitutes your acceptance of this Agreement, as it may be amended from time to time. Please read this Agreement carefully as it forms a binding contract between you and TRAA. Please print a copy of this agreement for your records.

Disclaimers, Indemnifications, and Limitations of Liability

  1. This website is provided "as is." TRAA makes no express or implied warranties with respect to matters such as accuracy, completeness, timeliness, fitness for a particular purpose, non-infringement, and merchantability in regard to the content on this website.
  2. TRAA assumes no contractual liability for trademark or other infringements on intellectual property rights with respect to infringing material provided by third parties to TRAA or posted on this site by third parties.
  3. TRAA assumes no liability for errors or omissions of material that appears on this website.
  4. TRAA shall have no liability for damages arising from any reliance on data, information, or other content published on this website.
  5. The aforementioned disclaimers (1-4) shall apply with equal force to any and all material provided by reference, hyperlink, or in response to an inquiry submitted or directed to this site.
  6. Neither the mention of, citation to, or other reference to any individual, group, organization, product, viewpoint, opinion, theory or any and all such entities and matters shall constitute an endorsement thereof or infer any association therewith in regard to TRAA. Conversely, the failure to so mention, cite, or otherwise reference shall not be construed, deemed or otherwise understood as implying or inferring anything whatsoever.

Personal Use of Contents

The content of the Site is for your personal, noncommercial use. Content copied, downloaded, or printed must retain all copyright, trademark, and other proprietary notices. Except as expressly set forth in this Agreement, you may not modify, copy, distribute, disclose, retransmit, sell, publish, broadcast, or circulate this Site in whole or in part without TRAA's prior written consent. For commercial use of any portion of the contents you must secure the written consent from TRAA.

Use of Site

Your use of the Site is at the sole discretion of TRAA, which may deny you further use of the Site at any time, for any reason, with or without cause. Neither your use of the Site nor registration entitles you to continue to use the Site.

In order for us to provide services through this Site, you must provide true, accurate, and current information about yourself as prompted by the Site's registration forms. TRAA is not responsible for transactions resulting from information you provide that is untrue, inaccurate, incomplete, or fraudulent.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

  1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
  2. upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  3. upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  4. or upload, post, e-mail or otherwise transmit 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, network, hardware, or telecommunications equipment.

Links to Other Sites

The Site may contain inks to third party websites. Such third party websites are not under the control of TRAA. Please note that TRAA is not responsible for the accuracy or content of websites of other providers which may have links from this Site. Accordingly, TRAA can make no representation concerning the content of these sites to you, nor can the fact that TRAA has provided this link serve as an endorsement by TRAA of this or any other site. In creating hypertext links to any other website, TRAA is not recommending that website or giving any assurances as to its standing. TRAA is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. TRAA makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS TRAA FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF TRAA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NONINFRINGEMENT, QUALITY, PERFORMANCE, NONINTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
  2. TRAA MAKES NO WARRANTY THAT:
  1. YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
  2. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
  3. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRAA OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitations and Exclusions of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRAA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TRAA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  1. THE USE OR THE INABILITY TO USE THE SITE;
  2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
  3. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
  4. ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, TRAA'S LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF PAYMENTS MADE FOR PRODUCTS PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST AAAI ARISING OUT OF THE USE OF THE SITE.

TRAA SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

Modification

TRAA may update, revise, supplement, modify, or amend this Agreement at any time. Any updates, revisions, supplements, modifications, or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications, or amendments.

Entire Agreement

This Agreement constitutes the entire agreement between you and TRAA with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and there has been no reliance by you upon any such representations, warranties, terms, agreements or conditions.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

Governing Law and Venue

This Agreement, the entire relationship between you and TRAA, and any litigation or other legal proceeding between you and TRAA (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to its choice of law rules.

This contract is fully performable in Tinton Falls, New Jersey. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Termination

TRAA may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. in the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.