This Agreement is between START Allergy (“START Allergy”) and the individual or entity (“Customer”) purchasing a product (including, but not limited to, metered pumps, dropper bottles, skin testing supplies, or any other product) sold by START Allergy (“Product” or “Products”) on https://www.startallergy.com (the “Site”).
Customer is legally bound by this Agreement for all orders, whether or not prompted at the time of purchase, and should read it carefully. If prompted, Customer must check the appropriate box to accept the terms of this Agreement before purchasing any Product. If Customer does not indicate his/her/its acceptance of these terms by checking the appropriate box, Customer will not be able to purchase the selected Product or Products.
1. Personal Information
In using the Site, START Allergy may collect personal data and other information from Customer or Customer’s computer; provided, however, that START Allergy will not collect any personal data or other information relating solely to the credit card used by Customer to pay for a Product. All such personal data and other information will be held and used by START Allergy as set forth in its privacy policy, a copy of which is posted on the Site. All personal data and other information relating solely to a credit card used by Customer to pay for a Product may be collected and used by one or more third parties providing products, services, and content to START Allergy (including but not limited to shopping cart vendors and other merchant vendors) in connection with a Product, the Site, or this Agreement (collectively, “Third-Party Vendors”).
2. Orders
All orders for a Product received by START Allergy through the Site (a “Purchase Order”) are subject to acceptance by START Allergy and the terms of this Agreement as well as any terms set forth on the Site (including, but not limited to, price). START Allergy may reject any Purchase Order for any reason, in its sole discretion. START Allergy reserves the right to charge a 4% cancellation fee for any rejected order. This includes fraudulently placed orders, repeat orders (multiple orders placed by the same customer with the intent to cancel), orders placed by an individual or company with the intent to reverse engineer START Allergyn products, or similar circumstance. If any Purchase Order relates to a Product that is unavailable or is otherwise rejected, Customer will be so notified in an email message.
3. Sale
In submitting a Purchase Order that is accepted by START Allergy, Customer’s purchase is subject to the terms of this Agreement. Customer must provide START Allergy with complete and accurate information in submitting each Purchase Order, which must include (a) the specific Product being ordered and (b) the quantity of Product ordered. START Allergy sells all Products as-is with no guarantees for suitability for any specific application or use. Customer accepts full responsibility for the suitability of Product for any specific use and confirms it has sufficiently tested the Product before use.
4. Payment
As part of the checkout process, Customer will be asked to input credit card information for the Products. All information provided by Customer to START Allergy (or one or more of START Allergy’s Third-Party Vendors) regarding such credit card must be complete and accurate in all respects. At START Allergy’s sole discretion, START Allergy may accept a purchase order and grant NET 30 payment terms to Customer. If NET 30 payment terms are granted to a customer and payment is not made on time, START Allergy reserves the right to add a finance charge of 2% per month to the invoice as a late charge after a grace period of 5 business days.
5. Shipping, Acceptance, and Return of Products
START Allergy shall use commercially reasonable efforts to deliver the Products in the quantities specified in the relevant Purchase Order or as otherwise agreed in writing by START Allergy. Any dates posted on the Site for shipping or receiving a Product are only estimates and START Allergy is not responsible for any failure to ship such Product, or any failure of Customer to receive such Product, on or before any such date posted on the Site.
Products will be shipped to Customer FOB Origin loaded at START Allergy’s facilities (or START Allergy’s designee). START Allergy will endeavor to provide notice of shipment to Customer when the Products are shipped.
If Customer determines in good faith that Products delivered pursuant to this Agreement are damaged, defective, or otherwise do not conform to the Products listed in the applicable Purchase Order, Customer may either (a) reject such Products for a refund of the purchase price therefore, plus any shipping, handling, and transportation charges paid by Customer with respect to such Purchase Order, or (b) replace such Products. Customer has seven days following receipt of the Products to provide written notice to START Allergy that such Products are rejected by Customer. If Customer fails to provide such notice within seven days, the Products are deemed accepted.
Products may be returned for a refund within fourteen days of delivery so long as the Product is in its original packaging and unopened. Prior to any return, Customer must first receive from START Allergy a “return merchandise authorization” in writing (including email). Return shipping of Products to START Allergy will be at Customer’s expense. Products containing isopropyl alcohol are considered hazardous materials and are non-returnable and non-refundable. All sales of bottles of isopropyl alcohol and isopropyl alcohol wipes are final.
6. Content
All right, title and interest in any content (including, but not limited to, all logos, artwork, graphics, icons, insignia, names, marks, and all intellectual property rights therein) made available through the Site or associated with a Product (collectively “Content”) belong to, or are licensed by, START Allergy, unless stated otherwise in writing by START Allergy. No licenses or rights to any Content are granted to Customer by use of the Site, purchasing a Product, entering into this Agreement, or otherwise by implication.
7. Third-Party Vendors
START Allergy may rely on Third-Party Vendors, and START Allergy will have no responsibility or liability with respect to Third-Party Vendors or their products, services, or content. Third-Party Vendors may impose additional terms upon Customer’s use of such products, services, and content, and Customer will be bound by such terms just as though they are set forth in this Agreement in their entirety.
8. Third-Party Sites
The Site may contain links to other websites that are not maintained by START Allergy. START Allergy is not responsible for any content contained on such other websites or otherwise with respect to such other websites. No link from the Site to another website, or from another website to the Site, is an endorsement, sponsorship, or recommendation by START Allergy of such other website and the link is provided only for Customer’s convenience. START Allergy will have no responsibility or liability to Customer or any third party arising from any link between the Site and another website.
9. Taxes
All sales and use taxes, plus any other federal, state, county or local duty, surcharge, tax, tariff or other government-imposed fee (except for any tax on the income of START Allergy) assessed or payable upon an order for a Product or otherwise relating to this Agreement shall be payable by Customer, even if such government-imposed fee is not collected by START Allergy at the time an order for a Product is submitted to START Allergy.
10. Indemnification
Customer shall indemnify, defend and hold harmless START Allergy from all costs, damages, expenses, fines, liabilities, losses, penalties and other payments (including, but not limited to, fees and disbursements of counsel to START Allergy) resulting from, or relating to, (a) Customer’s failure to perform any obligation or assume any responsibility pursuant to this Agreement, (b) any warranty or representation made by Customer in this Agreement being untrue or misleading in any respect, (c) any use of a Product by Customer (or Customer’s designee), (d) any unauthorized use by a third-party of Customer’s account, user name or password (except as set forth in Section 6), (e) any products, services or content of Third-Party Vendors, or (f) Customer’s use of the Site or a Product or Customer’s purchase of a Product.
11. Warranty
START Allergy warrants only to Customer that all Products shipped to Customer will have been prepared in accordance with this Agreement and all applicable laws in effect at the time of shipping of the Product, and all Products shipped to Customer shall, when shipped, not be misbranded or adulterated.
EXCEPT AS EXPRESSLY STATED IN THE IMMEDIATELY PRECEDING PARAGRAPH, A PRODUCT IS MADE AVAILABLE TO CUSTOMER “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
12. Limitation of Liability
IN NO EVENT SHALL START Allergy BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO A PRODUCT, THE SITE, THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES. IN NO EVENT WILL ANY LIABILITY OF START Allergy WITH RESPECT TO A PRODUCT, THE SITE, THIS AGREEMENT OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY CUSTOMER OR (B) THE TOTAL AMOUNT PAID BY CUSTOMER TO START Allergy FOR A PRODUCT (NOT INCLUDING ANY CHARGES FOR SHIPPING). THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT OR TORT), EVEN IF THE POSSIBILITY OF ANY DAMAGES SHOULD HAVE BEEN FORESEEN BY START Allergy, AND EVEN IF ANY REMEDY PROVIDED HEREIN FAILS OF ITS ESSENTIAL PURPOSE. BY ORDERING, RECEIVING, AND USING PRODUCTS PURCHASED FROM START Allergy, CUSTOMER AGREES TO THE TERMS OF THIS LIMITATION OF LIABILITY SECTION.
13. Severability
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision is prohibited by or invalid under such law, it will be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it will be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of this Agreement, being prohibited or invalid.
14. Amendments
This Agreement will not be amended by any conduct pursued by the parties or any third party, but may only be amended in writing and signed by START Allergyand Customer or as otherwise set forth herein. Any terms (including, but not limited to, price) relating to an order for a Product through the Site after the effective date of this Agreement may be unilaterally amended by START Allergy, in its sole discretion, at any time and such amendment will apply to each Purchase Order submitted by Customer through the Site after the date of such amendment.
15. Notices
Customer must send all written notices to START Allergy relating to a Product or this Agreement by either regular mail as follows: 6295 East Molloy Rd, Suite 5, East Syracuse, NY 13057, or by e-mail to service at startallergy.com. Any such notice will be effective upon actual receipt by START Allergy. START Allergy may send notices to Customer through e-mail, regular mail, or a general posting on the Site. Any such notice will be effective (a) immediately upon START Allergy’s sending such notice to the address it has in its records for Customer in the case of e-mail, (b) five days after START Allergy’s sending such notice to the address it has in its records for Customer in the case of regular mail, and (c) immediately upon Customer’s entering the Site after such notice is posted on the Site.
16. Waivers
No failure of START Allergy to exercise, and no delay by START Allergy in exercising, any right or remedy under this Agreement shall be a waiver of such right or remedy. No waiver of any such right or remedy shall be effective unless made in writing and signed by START Allergy, and specifically referring to each such right or remedy being waived.
17. Governing Law
This Agreement will be governed by and construed in accordance with the laws of the State of New York and controlling United States federal law, notwithstanding any conflict of laws provisions or doctrines of such state or any other jurisdiction to the contrary. Customer agrees to submit to the jurisdiction of the courts situated in Onondaga County, New York with respect to any claim, cause of action or dispute related to or involving the Site, Customer’s access or use thereof, this Agreement, and/or Customer’s purchase or use of a Product.
18. Third-Party Beneficiaries
There are no third-party beneficiaries of this Agreement, and no provision of this Agreement can be enforced or relied upon by any third party.
19. Miscellaneous
This Agreement (a) inures to the benefit of, and is binding upon, Customer and START Allergy and each of Customer’s and START Allergy’s successors and assignees, except that Customer may not assign any of Customer’s rights or obligations under this Agreement without first obtaining the written consent of START Allergy and (b) constitutes the entire agreement between Customer and START Allergywith respect to the subject matter of this Agreement, and supersedes all prior oral and written proposals, representations, understandings and agreements. Any attempt by Customer to assign to a third party any right or remedy hereunder without START Allergy’s prior written consent will be null and of no effect. START Allergy may, in its sole discretion, assign or otherwise transfer to a third party (including, but not limited to, an affiliate of START Allergy) this Agreement or any order for a Product arising hereunder. To the extent there is any conflict or inconsistency between any provision of this Agreement and any provision contained on the Site (not including the Privacy Policy), the former will control.
Customer represents and warrants to START Allergy that Customer (1) has carefully read this Agreement, (2) is entering into this Agreement on Customer’s own behalf, and (3) has sufficient capacity and authorization to enter into this Agreement.
Updated: June 1, 2026