TALKING PEANUT ALLERGY WEBSITE
Effective Date: October 22, 2018
IMPORTANT NOTE: These Terms contain provisions that exclude warranties and limit our liability to you. Please see Section 3 of these Terms for details. DBV does not provide medical care or medical advice. In the case of an emergency, please dial 911.
By accessing or using this Site, you acknowledge that:
- You are at least the age of legal majority in your place of residence;
- You are legally competent to enter into contracts; and
- You have read, understood and agree to be bound by these Terms.
If you do not agree to the Terms, do not access or use this Site.
1. MEDICAL DISCLAIMER / ASSUMPTION OF RISK
- 1.1 DBV DOES NOT PROVIDE MEDICAL CARE SERVICES OR MEDICAL ADVICE. All content, including text, graphics, images, and information, available on or through this Site (“Site Content“) is for general informational purposes only and is NOT intended to be and should NOT be used as a substitute for professional medical advice, diagnosis or treatment. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. NEVER RELY ON INFORMATION ON THIS SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
- 1.2 THIS SITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. If you believe your condition or situation is life-threatening, please call 911 or your emergency medical system immediately.
- 1.3 Liability: DBV IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER SITE CONTENT, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR FROM YOUR PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THIS SITE.
- 1.4 No Endorsements: This Site may contain links to third-party websites, products and/or services (each, a “Linked Third-Party Service”). DBV does not endorse the content on any Linked Third-Party Service. DBV is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Service. Your use of any Linked Third-Party Service is at your own risk and subject to the terms and conditions of use and privacy policies for such Linked Third-Party Services. DBV is not a referral service and does not recommend or endorse any specific hospitals, providers, physicians or others.
- 1.5 Rely At Your Own Risk: RELIANCE ON ANY INFORMATION ON THIS SITE IS SOLELY AT YOUR OWN RISK.
2. DBV’S INTELLECTUAL PROPERTY RIGHTS
- 2.1 Copyrights: All Site Content, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of DBV, our members, partners, content providers, and/or its third-party licensors, and is protected by U.S. and international copyright laws. Except as granted in the limited license below, any other use of such Content, including modification, transmission, presentation, distribution, or re-publication is prohibited without the express prior written consent of DBV.
- 2.2 Trademarks: All trademarks, trade names, logos, brand names, and service marks (“Trademarks”) of DBV, whether registered or unregistered, are the property of or are licensed by DBV and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of Trademarks is prohibited without the express prior written consent of DBV. In no event may any Trademark be used in connection with any product or service that is not owned by DBV in any manner that is likely to cause confusion or in any manner that disparages or discredits DBV. All other Trademarks appearing on this Site are the property of their respective owners.
- 2.3 Limited License: Subject to your compliance with these Terms, DBV grants you a limited, revocable, non-exclusive, and non-transferable license to use the material and Site Content on this Site solely for your own personal/family/household and non-commercial use in accordance with applicable laws. If you violate any provision of these Terms, your permission to access this Site and to use such material and/or Site Content automatically terminates and you must immediately destroy any copies you have made of any portion of such material. Any unauthorized use, reproduction or distribution of this Site or any Site Content or materials is strictly prohibited and may result in civil and/or criminal penalties. You are not granted any rights not expressly provided in these Terms.
- 2.4 User Content: This Site may allow you to upload, submit, store, send or receive your own personal content (“User Content”). When you upload, submit, store, or send User Content to or through this Site, you grant DBV a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Content. This license shall continue even if you stop using this Site.
- 2.5 Restrictions on Use: As a condition to your use of this Site, you agree you will not: (i) use this Site to infringe the intellectual property rights of DBV or others in any way; (ii) use this Site, or attempt to penetrate, modify or manipulate this Site or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any information about any other user of this Site; (iii) attempt to access information that is not otherwise deliberately made available to you through this Site; (iv) modify, erase or damage any information contained on the computer of any user connected to this Site; (v) submit, upload, post or transmit any User Content that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another's privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory; (vi) interfere in any way with the operation of this Site or any server, network or system associated with this Site; (vii) reverse engineer any portion of this Site; or (viii) make any other use of this Site that violates these Terms or any applicable law. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by DBV. You must be 18 years or older to use this Site.
3. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES; RESERVATION OF RIGHTS
- 3.1 No Warranty: YOU AGREE THAT YOUR USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. THIS SITE, AND ALL SITE CONTENT AND RELATED SERVICES THAT MAY BE RENDERED THROUGH THIS SITE, ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. DBV does not warrant that this Site, Site Content, and services related thereto will be uninterrupted or error free; or that any defect or error will be corrected. Nor does DBV warrant that this Site and any Site Content and services related thereto will be free from computer virus strains. DBV does not represent or warrant that the Site Content and related services provided on this Site are accurate, reliable, complete, or current; or that a particular product, service or provider you see on this Site will be available to you. Some states may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. But, to the extent permitted by applicable law, we exclude all warranties.
- 3.2 Limitation of Liability: DBV, ITS AFFILIATES, SERVICES PROVIDERS AND EACH RESPECTIVE ORGANIZATION’S DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY SITE CONTENT OR RELATED SERVICES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH DBV CONCERNING THIS SITE IS TO STOP USING THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- 3.3 California Waiver: IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- 3.4 Reservation of Rights: We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of this Site; (2) restrict, limit, suspend or terminate your and/or any other user's access to this Site; (3) monitor any user's use of this Site to verify compliance with these Terms and/or any applicable law; (4) investigate any suspected or alleged misuse of this Site and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user's use of this Site in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
- 3.5 Connecting to the Site: If you access and use the Site on your smartphone, tablet or other mobile device, you are responsible for all charges (including data and messaging charges) relating to your use of the Site through your device. We do not guarantee that the Site is compatible with any particular operating system, browser, or device.
- 6.4 Notices: If you have questions or comments regarding this Site, DBV, or these Terms, please contact us at: firstname.lastname@example.org.
- 6.5 Compliance with Applicable Laws: Use of this Site is subject to all applicable laws and regulations. You acknowledge and agree that it is solely and entirely your responsibility to comply with all laws and regulations applicable to your use of this Site. Use of this Site is prohibited if such use would be deemed illegal under applicable laws or regulations in the jurisdiction in which you reside.
- 6.6 International Use: This Site is hosted and operated within and from the United States. DBV does not represent or warrant that this Site will be appropriate or available for use in locations outside the United States. If you access this Site from a location outside the United States, you acknowledge and agree that you do so of your own volition and at your own risk and that you are solely and entirely responsible for complying with all applicable local laws and regulations.
- 7.1 Right to Make Changes: We reserve the right to make changes to these Terms at any time. If we make material changes that would impact your use of this Site, we will endeavor to notify you of the changes, such as by posting a notice directly on this Site, by sending an email notification (if we have your email address in our records), or by any method reasonably calculated to notify you.