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TERMS & CONDITIONS

Allergy Breakup | Littleton, Colorado

Effective Date: January 1, 2026

Last Updated: May 12, 2026

1. AGREEMENT TO TERMS

 

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Patient," "User," or "you") and Allergy Breakup ("Company," "we," "us," or "our"), a medical practice located in Littleton, Colorado. By scheduling an appointment, using our Services, accessing our website or patient portal, or opting in to any communications including SMS text messaging, you acknowledge that you have read, understood, and agree to be bound by these

 

Terms and our Privacy Policy, which is incorporated herein by reference.

 

If you are accessing Services on behalf of a minor patient, you represent that you have the legal authority to agree to these Terms on their behalf.

2. MEDICAL SERVICES DISCLAIMER

2.1 Not an Emergency Service. Allergy Breakup is NOT an emergency medical service. In the event of a medical emergency, including anaphylaxis or severe allergic reaction, CALL 911 IMMEDIATELY or go to the nearest emergency room. Do not rely on our staff, website, patient portal, or SMS system for emergency medical guidance.

 

2.2 Scope of Care. Our Services are limited to allergy testing, immunotherapy, and related allergy and immunology care as determined by our licensed medical providers. We do not provide primary care, urgent care, or hospital-level services.

 

2.3 Clinical Judgment. All treatment recommendations are made by our licensed healthcare providers based on clinical judgment, applicable standards of care, and your individual medical history. Nothing in these Terms limits or replaces the independent professional judgment of our providers.

 

2.4 Informed Consent. Allergy testing and immunotherapy carry inherent medical risks, including the risk of allergic reactions. You will be asked to sign separate informed consent documents prior to procedures. Those consent documents are incorporated into and form part of your agreement with us.

 

3. APPOINTMENTS & CANCELLATION POLICY

 

3.1 Scheduling. Appointments may be scheduled online through our patient portal, by calling our office, or by texting our scheduling line (for enrolled SMS users). Appointment availability is not guaranteed until confirmed by our staff.

 

3.2 Cancellation & No-Show Policy. We require a minimum of 24 hours' notice for appointment cancellations or rescheduling. Same-day cancellations (within 24 hours of appointment) may incur a $35 cancellation fee. No-shows (failure to arrive without notice) may incur a $50 fee. Immunotherapy no-shows may result in dose adjustment per clinical protocol. Fees may be waived at our discretion for documented medical emergencies or exceptional circumstances. Repeated no-shows may result in discharge from the practice.

 

3.3 Late Arrivals. Patients arriving more than 15 minutes late may need to reschedule. We will make reasonable efforts to accommodate late arrivals without disrupting other patients' care.

4. SMS TERMS OF SERVICE

 

4.1 Program Description. Allergy Breakup's SMS program provides patients with appointment reminders, shot schedule alerts, billing notifications, prescription updates, and general practice communications. This is a recurring message program; message frequency will vary based on your care schedule.

 

4.2 Express Written Consent. By opting in to our SMS program, you provide your express written consent under the TCPA and applicable FCC regulations to receive automated text messages at the mobile number provided. You certify that you are the account holder or have the account holder's permission to provide the number; that the number is a current, valid mobile phone number capable of receiving SMS; that you are 18 years of age or older (or have parental/guardian consent); and that you understand consent is not required to receive medical care.

 

4.3 Message & Data Rates. Standard message and data rates may apply based on your wireless carrier plan. Allergy Breakup is not responsible for any charges incurred from your wireless carrier for receiving or sending text messages.

 

4.4 Opt-Out Instructions. Reply STOP to any text message to unsubscribe. You may also opt out by contacting our office directly. After opting out, you will receive one final confirmation message. You may re-enroll at any time by texting START or contacting our office.

 

4.5 SMS Help. Reply HELP to any message or contact us at (insert phone number) for assistance. For additional information, visit our website or contact our front desk.

 

4.6 Supported Carriers. Allergy Breakup's SMS service is available through most major U.S. wireless carriers, including AT&T, Verizon, T-Mobile, Sprint, Boost Mobile, MetroPCS, Cricket, and others. Carrier support is not guaranteed and may be subject to change. We are not liable for delays or failures in SMS delivery.

 

4.7 SMS Limitations & Prohibited Uses. Our SMS system is for informational and patient care coordination purposes only. You may not use our SMS number to send unsolicited commercial or marketing messages to our staff, transmit abusive, threatening, harassing, or unlawful content, attempt to override or circumvent opt-out mechanisms, or impersonate another person or entity. We reserve the right to discontinue SMS service to any number used for prohibited purposes.

5. PAYMENT, INSURANCE & FINANCIAL RESPONSIBILITY

5.1 Patient Financial Responsibility. You are ultimately responsible for all charges incurred for services provided at Allergy Breakup, including charges not covered or denied by your insurance plan. By scheduling care, you authorize Allergy Breakup to bill your insurance and, where applicable, collect patient balances.

 

5.2 Insurance. We will file claims to your insurance as a courtesy. However, insurance coverage and benefits are not guaranteed. You are responsible for verifying your coverage, paying copays, coinsurance, and deductibles at the time of service, and resolving disputes with your insurer. We are not liable for any insurer's failure to pay.

 

5.3 Billing Disputes. If you believe there is an error on your bill, please contact our billing department within 60 days of statement date. We will investigate and respond within 30 days. Disputes do not suspend your payment obligation for undisputed amounts.

 

5.4 Collections. Accounts past due by more than 90 days may be referred to a collection agency. You will be responsible for all collection costs, attorney's fees, and court costs incurred in recovering unpaid balances, to the extent permitted by Colorado law.

6. WEBSITE & PORTAL USE

 

6.1 Acceptable Use. You may use our website and patient portal solely for lawful purposes and in accordance with these Terms. You agree not to access or attempt to access accounts belonging to other patients; introduce viruses, malware, or other harmful code; attempt to reverse-engineer, decompile, or disassemble any portion of our systems; use automated tools, bots, or scrapers without written authorization; or post or transmit false, misleading, or defamatory content.

 

6.2 Account Security. You are responsible for maintaining the confidentiality of your patient portal login credentials. Immediately notify us of any unauthorized access or suspected breach at allergybreakup@gmail.com. We are not liable for losses resulting from unauthorized use of your credentials.

 

6.3 Third-Party Links. Our website may contain links to third-party websites. We do not control, endorse, or accept responsibility for the content or privacy practices of any third-party sites. Your use of third-party sites is at your own risk.

 

7. INTELLECTUAL PROPERTY

 

All content on our website and in our communications, including text, graphics, logos, images, and software, is the property of Allergy Breakup or its licensors and is protected by applicable U.S. copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without express written permission.

 

8. LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY COLORADO LAW, ALLERGY BREAKUP, ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH DELAYS, ERRORS, OR FAILURES IN SMS DELIVERY; WEBSITE OR PATIENT PORTAL DOWNTIME OR TECHNICAL ERRORS; UNAUTHORIZED ACCESS TO YOUR ACCOUNT (UNLESS CAUSED BY OUR NEGLIGENCE); OR THIRD-PARTY PRODUCTS OR SERVICES LINKED FROM OUR WEBSITE.

 

Nothing in these Terms limits liability for gross negligence, willful misconduct, or medical malpractice as governed by Colorado law.

 

9. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Allergy Breakup, its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your use of our Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) your submission of inaccurate or false information to us.

10. DISPUTE RESOLUTION

 

10.1 Governing Law. These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles.

 

10.2 Venue. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Jefferson County or Arapahoe County, Colorado. You consent to personal jurisdiction in such courts.

 

10.3 Informal Resolution. Before initiating litigation, you agree to first attempt to resolve any dispute informally by contacting us at the address in Section 12. We will attempt to resolve the dispute within 30 days.

 

10.4 Class Action Waiver. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST ALLERGY BREAKUP.

 

11. TERMINATION

 

We reserve the right to suspend or terminate your access to our Services, patient portal, or SMS program at our discretion, including for violation of these Terms or our policies, abusive, threatening, or harassing conduct toward staff, non-payment of balances after reasonable notice, or fraudulent or misleading conduct. Termination of your account does not affect obligations accrued prior to termination or provisions that by their nature survive termination, including payment obligations, intellectual property rights, and limitations of liability.

 

12. CONTACT INFORMATION

For questions, concerns, or notices related to these Terms, contact: Allergy Breakup, Legal & Compliance, Littleton, Colorado 80120, allergybreakup@gmail.com.

 

13. ENTIRE AGREEMENT & SEVERABILITY

These Terms, together with our Privacy Policy, HIPAA Notice of Privacy Practices, and any signed patient intake or consent forms, constitute the entire agreement between you and Allergy Breakup regarding the subject matter herein and supersede all prior agreements and understandings. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

 

© 2026 Allergy Breakup. All Rights Reserved. Littleton, Colorado. This document does not constitute legal advice. Consult a licensed attorney to ensure compliance with all applicable laws and regulations.

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