TERMS & CONDITIONS

Effective March 2021

Following order placement, you will be asked to provide a photo of yourself, a photo of your vaccination car (CDC or other agency) and personal government issued identification. You will also be asked to upload proof of all required doses of an available COVID-19 vaccine. Once all information has been verified, your MyVaxCard will be created and shipped to your address.  Expect to receive it in 7-10 days.

Click the button below to continue your order and create your account. You will access your account to manage your order and view your results. 

I have read, understand and agree to the Terms and Conditions of Use.

 

Terms and Conditions of Use

 

Effective Date: March 30, 2021

Welcome to the family of websites and applications provided by MyVaxCard.  These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of all MyVaxCard sites (e.g. www.MyVaxCard.co and https://MyVaxCard.co ), mobile site, official apps made available for iPhone and Android, and all related functionality, services, and Content (as defined below) offered by MyVaxCard on or through any of the foregoing (“MyVaxCard Sites”).

 

These Terms of Use contain certain rights, obligations, and agreements between MyVaxCard, LLC and you, as well as consents, instructions, acknowledgments, and authorizations by you, regarding the access or use by you of the System (as defined below) and our collection, storage, processing, use, and disclosure of information and records about you, such as, but not limited to, Personal Information (as defined below), consumer reports, investigative consumer reports, criminal background screen results, drug testing results, immunization records, and other information, data, and records. By accessing or using the MyVaxCard Sites or any MyVaxCard Entities’ products, services, platform, system, software, documentation, network, or other features, functionality, modules, or tools (collectively, the “System”), You represent, warrant, certify, and agree that You are of legal age in your jurisdiction of residence to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. You have read and understand that these Terms of Use constitute a binding contract between MyVaxCard and You, and further agree to be bound by these Terms of Use, whether or not You are a registered Account (as defined below) holder.

Certain terms are defined herein, but others have the meanings provided below:

    “MyVaxCard,” means MyVaxCard, LLC. and any subsidiaries (including any subsidiaries that MyVaxCard may form or acquire in the future).  We also refer to MyVaxCard as “we,” “us” and “our.”  But when we say “MyVaxCard Entities,” we mean MyVaxCard and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents. 

    “MyVaxCard Sites,” we mean www.MyVaxCard.co , https://MyVaxCard.co , any MyVaxCard mobile site, the MyVaxCard Apps, and all related functionality, services, and Content offered by or for MyVaxCard on or through any of the MyVaxCard Sites and the MyVaxCard Apps or the systems, servers, and networks used to make the MyVaxCard Sites available.

 

    “MyVaxCard Apps,” we mean any official apps we make available for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.  

    “we,” “us,” “our” and similar terms in these Terms of Use refer to MyVaxCard or, in certain instances, MyVaxCard Entities.

    The terms “you,” “You,” “your,” “Your,” and similar terms in these Terms of Use refer to you, the user of the System.

    When we say “you” or “your” we mean any user of any MyVaxCard Site.

MyVaxCard may, in its sole discretion, modify these Terms of Use at any time without further notice, and such changes, modifications, additions, or deletions are, unless otherwise stated, effective immediately. The current version of these Terms of Use will be located on the Website at all times. If these Terms of Use are modified, the modified Terms of Use will be posted on the Website and MyVaxCard will make reasonable efforts to bring any modifications to Your attention at the time of Your access of the Website. Your continued use of the System after any such changes constitutes Your acceptance of, agreement to, and agreement to be bound by, these Terms of Use, as amended. These Terms of Use, as amended, shall be effective at all times commencing with Your first access of the System (including, without limitation, the Website(s)), and shall survive (except for Your right and license to hold an Account and access and use the System) the termination, suspension, or deletion of Your Account or the cessation or termination of Your use of or access to the System (including, without limitation, the Website(s)).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU ACCESS OR USE ANY PART OF THE SYSTEM. IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY, INCLUDING ANY FUTURE MODIFICIATIONS, YOU SHALL (1) NOT ACCESS OR USE THE SYSTEM, (2) CEASE USING THE SYSTEM IMMEDIATELY, AND (3) CLOSE OUT THE MYVAXCARD SITES. BY USING ANY PART OF THE SYSTEM, YOU ARE DEEMED TO HAVE ACCEPTED, AGREED TO, AND AGREED TO BE BOUND BY, THESE TERMS OF USE IN THEIR ENTIRETY.

IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THESE TERMS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.  THIS MEANS THAT YOU AND MYVAXCARD ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.

WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS:  While there are important points throughout these Terms of Use, please note there are specific warranty disclaimers and limitations on MyVaxCard’s liability.  

UPDATES:  We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the MyVaxCard Sites.  Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes.  By continuing to use or access any of the MyVaxCard Sites after we post any changes, you accept the updated Terms of Use.  The “Last Updated” legend above indicates when these Terms of Use were last changed.

MINOR REGISTRATION: Any registration by, use of, or access to the System by anyone under the age of 18 is prohibited and in violation of these Terms of Use. By registering an Account, or by accessing or using any part of the System, You represent, warrant, and certify that You are at least 18 years of age. In the event You access and use the System, or create an Account, You are representing, warranting, and certifying that You are eighteen (18) years of age or older and the age of majority in Your jurisdiction of residence, that You are competent to enter into binding contracts, and that You accept, agree to, and shall abide by these Terms of Use.

ELECTRONIC SIGNATURE AND TRANSACTIONS CONSENT: In order to use the System, You must consent to electronically receive disclosures, documents, notices, and information from us, and to otherwise engage electronically in transactions with us. You have the right to have any subsequent disclosures or notices which are required by law to be delivered in writing to You provided or made available to You in paper form (i.e. a hard copy. To obtain a paper copy of any subsequent legally required disclosures or notices, You may print them by using the print function on Your Internet browser, or You may request a paper copy by sending a letter containing a clear statement of Your request and Your full mailing address to:

MyVaxCard, LLC

You will not be charged a fee to obtain a paper copy of any subsequent notices or disclosures which are required by law to be delivered in writing to You. Your consent to receive notices, documents, disclosures, and information in electronic form and to engage in transactions with us electronically is valid at all times commencing upon Your agreement to these Terms of Use or Your use of the System (which is deemed to be Your consent to receive notices, documents, disclosures, and information in electronic form and to engage in transactions with us electronically agreement by You to these Terms of Use) and after Your use of the System (including, without limitation, the Website) or Your Account with MyVaxCard has terminated or ceased, and applies to all notices, documents, disclosures, and information that may be provided or made available by us to You.

You may, at any time, withdraw Your consent to receive in electronic form any subsequent notices or disclosures which we are required by law to deliver in writing to You, by sending a letter containing a clear statement of Your revocation of consent and Your full mailing address to:

MyVaxCard, LLC

Any withdrawal of Your consent to receive electronic disclosures and notices which we are required by law to deliver in writing to You will be effective only after we have a reasonable period of time to process Your withdrawal. Upon withdrawal of Your consent, we will provide You with a paper copy of any disclosures or notices required by law to be provided in writing to You and which are provided after the effective date of Your withdrawal. You will not be charged a fee to obtain a paper copy of the disclosures and notices. In the event You withdraw Your consent to receive notices and disclosures in electronic form, we may terminate Your Account or Your access to and use of the System, without liability or penalty to us. You will not be entitled to a refund of any fee payable or paid by You, regardless of Your withdrawal of consent. Any withdrawal of Your consent will be effective only to withdraw Your consent to receive electronic disclosures and notices which we are required by law to deliver in writing to You. Your withdrawal will have no effect on our continuing right to deliver, and Your consent to receive, 

electronic information, documents, notices, and disclosures which we may otherwise deliver to You and which we are not legally required by law to deliver in writing to You.

 

You may update Your contact information, including email address, by accessing Your Account on the Website or by sending a letter containing Your updated contact information to:

MyVaxCard, LLC

You hereby represent, warrant, certify, and affirm that You are able to obtain these Terms of Use electronically, and read and print these Terms of Use, using hardware and software that You own or have reasonable access to and reasonably expect to continue to have access to; and that Your obtainment of these Terms of Use using electronic means conclusively demonstrates Your ability to access and retain information in the electronic form in which we currently make it available to You.

By registering an Account, accessing or using the System, or otherwise signing, agreeing to, or accepting these Terms of Use, by digital signature, electronic signature, click and accept, or some other means or method as may be required by MyVaxCard, You accept and agree, and affirmatively and voluntarily consent, (i) to these Terms of Use; (ii) to conduct transactions with us by electronic means; (iii) that we may provide to You electronically all disclosures, notices, documents, and other information required by law to be provided to You in writing, as well as all other documents, notices, disclosures, communications, and information that we may provide to You; (iv) that electronic signatures, electronic records, and electronic agreements, consents, authorizations, instructions, and other documents shall be given full force and effect, and shall be binding on You, as if they were original, hand-executed agreements, consents, authorizations, instructions, or other documents; (v) that Your registration of an Account, access or use of the System (in whole or in part), or otherwise signing, agreeing to, or accepting these Terms of Use, by digital signature, electronic signature, click and accept, or such other means or method as may be required by MyVaxCard, constitutes Your electronic signature to these Terms of Use; (vi) that these Terms of Use and Your electronic signature are valid, have full legal effect, are enforceable, and are binding on You as if these Terms of Use were an original, hand-executed agreement; and (vii) to use electronic means to receive, accept, agree to, and sign these Terms of Use. You acknowledge and agree that if You desire a paper copy of these Terms of Use, You may print a copy from the Website or Your Account.

ACCOUNT REGISTRATION: To use the System, You may be required to register and set up an account on one or more of the MyVaxCard Sites or be offered the opportunity for a single login (in all such instances, “Account”). Registration of an Account on one or more of the MyVaxCard Sites requires Your full legal name, a valid e-mail address, and a unique password. Depending on the type of Account You have, MyVaxCard also may require and collect additional information from You including, but not limited to, date of birth, address, and phone number (cell phone and home). You shall provide valid, accurate, and complete information as requested and shall keep all registration information complete and current. A failure to provide information required by MyVaxCard may result in termination or suspension of Your Account with or without notice to You. In addition, when You register with the Website, MyVaxCard may ask You for certain additional information and it is within Your discretion to provide such information. Your registration of an Account and use of the System is void where prohibited. You shall not (i) create an Account for any person other than Yourself; (ii) use or access the Account of any other person; (iii) 

permit the access or use of Your Account by any other person; or (iv) provide your Account username or password to any other person.

COLLECTION, STORAGE, USE, PROCESSING, AND DISCLOSURE OF DATA: You acknowledge and agree that in connection with Your use of the System the MyVaxCard Entities may collect, store, process, retain, use, and disclose Your name, addresses, email addresses, immunization records, and any other information, records, and data about You (whether provided by You, by another person, agency, organization, or entity, or otherwise obtained by any MyVaxCard Entity, and whether constituting Personal Information or non-personally identifiable information) (collectively, “Data”) as described in these Terms of Use or MyVaxCard’s Privacy Policy.

 

A copy of MyVaxCard’s Privacy Policy can be found at https://MyVaxCard.co/privacy ; provided further that references to MyVaxCard’s Privacy Policy, or any other policy or law included herein, does not in and of itself create any private right of action with respect to (i) any matter contained herein, and/or (ii) anyone including You or any third party.

PASSWORDS: All Accounts are password protected. When You create an Account, You must create a unique password. You shall not disclose Your username or password to any third party or permit any third party to use Your username or password. You are responsible and liable for maintaining the confidentiality of Your username and password, and for any and all activities that occur under, in, or using Your Account, username, or password, whether or not authorized by You (which includes, but is not limited to, any access, disclosure, or use of Your Data by any person, entity, organization, or agency through the use of Your username or password). You immediately shall notify MyVaxCard if You have any suspicion or knowledge that an unauthorized party is accessing Your Account or has otherwise obtained Your password or username. MyVaxCard will never ask for Your password in an unsolicited phone call or email. You may change Your password at any time. You acknowledge and agree that MyVaxCard shall have no responsibility or liability for any unauthorized access to or use of Your Account, Data, or Content, which is caused in whole or in part by the disclosure or loss, voluntary or involuntary, by You of Your username or password.

INTELLECTUAL PROPERTY AND LIMITED LICENSE: Subject to these Terms of Use, MyVaxCard grants to You a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the MyVaxCard Sites and the components, services, products, functions, or features of the System for which You have paid the applicable fee(s) as determined by MyVaxCard in its sole discretion; provided, however, this limited license shall terminate immediately, and You shall cease all access to and use of the System and Your Account, upon the termination, suspension, or deletion by MyVaxCard of Your Account or access to the System. MyVaxCard may terminate Your right and license to use and access the System (or any portion thereof) in its sole discretion without liability or notice to You. You shall not modify the System, or any portion thereof, and shall not reproduce, duplicate, copy, sell, or resell the System, or any portion thereof, or create derivative works based on the MyVaxCard Sites, or any products, services, documentation, features, functionality, tools, or other content on the System. This limited license does not include any resale or commercial use of the System, any portion thereof, or any products, services, documentation, features, functionality, tools, or other content on the System; any derivative use of the System, any portion thereof, or any products, services, documentation, features, functionality, tools, or other content on the System; any scrapping or extraction of data or other information on the System (including, without limitation, the Website); or any use of robots or other data mining, gathering, or extraction tools on the System (including, without limitation, the Website), and all such activities are strictly prohibited and a material breach of these Terms of Use. 

You acknowledge and agree that, as between MyVaxCard and You, MyVaxCard owns all right, title, and interest in and to all proprietary and other intellectual property rights in and to the System. 

TERM/RIGHT TO DELETE, SUSPEND, OR TERMINATE ACCOUNT/RETENTION OF INFORMATION: MyVaxCard, in its sole and absolute discretion, may delete, suspend, disable access, content or other materials, or terminate Your Account or Your access to or right to use the System (including, without limitation, the Website), in whole or in part, at any time, for any reason or no reason, with or without notice to You and without liability to You. You agree that MyVaxCard shall have no liability to You or any other person or entity for any termination, suspension, or deletion of Your Account or access to or right to use the System, in whole or in part. These Terms of Use (except for Your right and license to hold an Account and access and use the System) shall survive the termination, suspension, or deletion of User’s Account or User’s access to or right to use the System. Even after termination, suspension, or deletion of Your Account or access to or right to use the System, in whole or in part, MyVaxCard shall have the right to retain, store, copy, use, access, and disclose all Data, Content, Personal Information, Recordings, and all other information, data, and records about You, for such period as determined by MyVaxCard in its sole discretion, which information, data, and records may be used and disclosed as described in these Terms of Use or MyVaxCard’s Privacy Policy, including, without limitation, business, regulatory, accounting, and legal purposes.

USER SUBMITTED CONTENT: The System may provide features and functionality for You to submit information, documents, records, and other content. You acknowledge and agree that You are solely responsible for all content on Your Account, including, but not limited to, photos, documents, and profiles, and other materials and records (collectively, the “Content”) that You upload, publish, submit, enter, add, or display on or through the System or Your Account, or transmit, disclose, or share with others, and the consequences of uploading, publishing, entering, transmitting, sharing, adding, or displaying such Content. You shall not upload, publish, enter, share, add, transmit, or display Content which is subject to copyright protection, trademarks, or other intellectual property protection, including, without limitation, any trade secret or proprietary information, belonging to others without obtaining the prior written consent of the owner of such rights.

The System also may provide features permitting You to publish, display, transmit, share, disclose, or give access to Your Content or Data to another person or entity (including, without limitation, a non-user of the System), and You agree that MyVaxCard shall have no liability or responsibility to You or any other person or entity for any such action taken by You.

MyVaxCard has no control over and does not endorse the Content. The Content does not reflect the opinions or policies of MyVaxCard. MyVaxCard makes no representations or warranties, express or implied, as to the Content or to the accuracy, validity, or reliability of the Content or any other material or information You upload, publish, add, enter, share, transmit, disclose, or display. You understand and agree that MyVaxCard may, but is not required to, review and delete, in its sole and absolute discretion, without notice and without any liability to You, any Content or Data. MyVaxCard has the right at all times to disclose, in its sole and absolute discretion, any Content as authorized or required by any law, regulation, subpoena, or court order.

User understands that User is solely liable, and MyVaxCard shall not be liable under any circumstances, for any losses, liabilities, expenses, or damages of any kind suffered as a result of uploading, publishing, sharing, adding, entering, transmitting, or displaying any Content whatsoever (including, without limitation, the designation by User of parties to receive, review, or have access to User’s Content). User, for and on behalf of User and User’s heirs, successors, assigns, and legal representatives, hereby forever releases and discharges each and all of the Indemnified Parties from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with (a) any error, omission, disclosure, display, transmission, loss, or use by any one or more Indemnified Parties of or with respect to the Content, even if arising from an Indemnified Party’s negligence, or (b) User’s uploading, publishing, adding, entering, displaying, transmitting, disclosing, or sharing of Content or including, without limitation, the sharing by User of Content.

You understand and agree that all Content, Data, and other Personal Information about You on the System will be stored in and accessible from locations within the United States of America, for the purposes set out in these Terms of Use and in MyVaxCard’s Privacy Policy, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.

You understand and agree that You are solely liable, and the MyVaxCard Entities shall not be liable under any circumstances, for any losses, liabilities, expenses, or damages of any kind suffered as a result of uploading, publishing, sharing, entering, transmitting, or displaying any Content or Data whatsoever (including, without limitation, the designation or authorization by You of persons or entities to receive, review, use, or have access to Your Content or Data). You, for and on behalf of Yourself and Your heirs, successors, assigns, and legal representatives, hereby forever release and discharge the MyVaxCard Entities, and their respective shareholders, directors, officers, members, managers, employees, representatives, contractors, and agents, and their respective heirs, successors, and assigns (each, a “MyVaxCard Party” and collectively, the “MyVaxCard Parties”), from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with (a) any error, omission, disclosure, display, transmission, loss, or use by one or more MyVaxCard Parties of or with respect to Your Personal Information, Content, or Data, even if arising from a MyVaxCard Party’s negligence, (b) any Content uploaded, published, entered, displayed, provided, transmitted, disclosed, or shared by You, or (c) Your uploading, publishing, entering, displaying, transmitting, disclosing, or sharing of Content or Data including, without limitation, the sharing by You of folders in Your Account or specific items contained within folders in Your Account, the designation, authorization, or instruction by You of persons or entities to receive, review, use, or have access to Your Personal Information, Content, or Data, or the direct transmission, sharing, disclosing, or publishing by You of Your Personal Information, Content, or Data.

PRIVACY/DATA COLLECTION AND USE OF INFORMATION COLLECTED: By creating an Account or accessing and using the System, You hereby acknowledge and agree that MyVaxCard may collect, process, use, access, retain, store, and disclose information about You as described in these Terms of Use or MyVaxCard’s Privacy Policy. The information that we may collect about You may include personally identifiable information (such as, but not limited to, Your name, date of birth, email address(es), home address, mailing address, phone number(s), and non-personally identifiable information. We also may collect Your credit or debit card number, expiration date, security code (located on the back of Your credit or debit card) or other banking or payment information in the event that You pay for access to or use of the System or for any products, services, features, functions, or tools on or through the System. In addition to the collection, storage, disclosure, and use of Data, Content, Personal Information, and other information and records, MyVaxCard also may collect, record, or transcribe written transcripts, descriptions, summaries, or video or audio recordings of You when You contact MyVaxCard 

(“Recordings”), which may include Personal Information about You. Examples of Recordings might be a recorded telephone conversation with a customer service representative.

MyVaxCard also collects information about You when you use the System (including, without limitation, any Website(s)). When You use the System, we automatically record information about Your interaction. This information includes, but is not limited to, when the System (including, without limitation, any Website(s)) is accessed, Your use of the System, Your IP address and URL requests, Your browser type and settings, the date and time of Your requests, and how You used the System.

If MyVaxCard intends to use or disclose Your Personal Information, Data, Content, or Recordings in a way that is materially different than the uses and disclosures stated in these Terms of Use or is inconsistent with the intent of MyVaxCard’s Privacy Policy then MyVaxCard will make reasonable efforts to contact You.

You understand and acknowledge that all Personal Information, Data, Content, and Recordings will be stored in and accessible from locations within the United States and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.

You agree that one or more of the MyVaxCard Entities shall have the right to retain, store, process, copy, use, access, and disclose all Data, Content, Personal Information, Recordings, and all other information, data, and records about You, for such period as determined by MyVaxCard in its sole discretion, which information, data, and records may be used and disclosed as described in these Terms of Use or MyVaxCard’s Privacy Policy, including, without limitation, business, regulatory, accounting, and legal purposes.

SECURITY OF INFORMATION: MyVaxCard takes seriously the security of its System and Your Personal Information, Data, Content, and Recordings, and takes commercially reasonable efforts to maintain the security, integrity, and confidentiality of the System. MyVaxCard has implemented industry standard technology designed to keep Data, Content, Recordings, and Personal Information safe from unauthorized access or disclosure. MyVaxCard employs Secure Socket Layer (SSL) data encryption when data is transmitted over the Internet to the Website. The Website also is compliant with the Payment Card Industry Data Security Standard (PCI DSS). MyVaxCard has installed layered firewalls and other security technologies to help prevent unauthorized access to the System. Strong password protection protocols are used on all computers and employees are kept up to date on MyVaxCard’s security and privacy policies. The servers used to store Your information are maintained in a secure environment with appropriate security measures. MyVaxCard also limits access to Personal Information as described in these Terms of Use and MyVaxCard’s Privacy Policy. Such protective measures are designed to limit access to Your Content, Data, and other Personal Information.

Please note that despite the efforts of MyVaxCard, factors beyond its control may result in the unauthorized access to or disclosure of Personal Information, Content, Data, or Recordings, or other information about You. Accordingly, MyVaxCard cannot and does not guarantee that Personal Information, Content, Data, or Recordings will be secure under all circumstances and MyVaxCard offers no guarantees, warranties, or representations with regards to the maintenance or non-disclosure of Personal Information, Content, Data, Recordings, or other information.

You agree that the MyVaxCard Entities shall not under any circumstances be liable for, and You, for and on behalf of Yourself and Your heirs, successors, assigns, and legal representatives, hereby forever release, acquit, and discharge each and all of the MyVaxCard Parties from, any and all liabilities, claims, damages, actions, and losses in any way related to or connected with any loss or disclosure of Personal Information, Recordings, Content, Data, or other information about You.

You further understand and agree that MyVaxCard (including, without limitation, its affiliates and subsidiaries) and its employees, contractors, representatives, vendors, and agents shall have access to Your Personal Information, Content, immunization records, and other information, documents, and records for purposes of providing the products and services purchased or ordered by You, without limitation, for purposes of performing Record Review services with respect to immunization records or other documents, and You hereby consent to, authorize, and instruct such access and use by MyVaxCard Parties.

You, for and on behalf of Yourself and Your heirs, successors, assigns, and legal representatives, hereby release and forever discharge each and all MyVaxCard Parties from any and all liabilities, claims, damages, actions, and losses in any way related to or connected with the compiling, disclosure, transmission, making available, or use of the Data, Content, Personal Information and immunization records and verifications, and other documents, records, and information about You, including any errors or omissions contained or omitted from such tests, reports or investigations.

CALIFORNIA CONSUMER DISCLOSURE: Under California Civil Code Section 1789.3, Users who are residents of California are entitled to the following specific consumer rights information: the Complaint Assistance Unit of the Division of Consumer Service of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd, Suite N 112, Sacramento, CA, 95834, or by telephone at 916.445.1254.

In addition, You may contact

MyVaxCard, Inc.

 

FEES: You acknowledge that MyVaxCard reserves the right to charge fees or other amounts for access to the System, in whole or in part, and for the various products, services, features, functions, and tools offered or provided on or through the System, and to change such fees from time to time in its discretion. The fees and other amounts charged to You may be established by MyVaxCard and published on the System (or disclosed by MyVaxCard in such other manner as determined by MyVaxCard) or may be established through a separate contract or other document between MyVaxCard and You, or between MyVaxCard and another organization or entity (such as Your employer, prospective employer, or Educational Institution). You will be made aware of any fees or other amounts to be charged to You for access to and use of the System, in whole or in part, or for the various products, services, features, functions, and tools offered or provided on or through the System. If MyVaxCard terminates, suspends, or deletes Your Account or access to and use of the System, in whole or in part, You shall not be entitled to any refund of any fees or other amounts paid by or charged to You. All fees paid are non-refundable.

INDEMNIFICATION OBLIGATION OF USER: You agree to defend, indemnify, reimburse, and hold harmless MyVaxCard (including, without limitation, its affiliates and subsidiaries), and each of their respective members, managers, officers, directors, employees, agents, representatives, contractors, vendors, and service providers (each an “Indemnified Party” and collectively the “Indemnified Parties”) from and against any and all losses, damages, claims, judgments, actions, penalties, demands, liabilities, obligations, fines, or expenses (including, without limitation, reasonable attorneys’ fees and expenses), in any way related to, arising out of, or connected with: (i) Your Content; (ii) Your access to or use of any part of the System (including, without limitation, any Website(s), products, services, features, functions, or tools); (iii) any actual or alleged provision by You of false, inaccurate, misleading, or fraudulent Personal Information or other information to MyVaxCard; (iv) any actual or alleged violation or breach by You of any term, condition, obligation, certification, covenant, or other provision of these Terms of Use; (v) any actual or alleged violation or breach by You of any representation or warranty made by You to MyVaxCard; (vi) any actual or alleged infringement or misappropriation by You of the intellectual property rights of any third party; (vii) any actual or alleged defamation, libel, or other tort by You; or (viii) any claim that You or Your activities on the System caused damage to a third party.

Your indemnification, defense, reimbursement, and hold harmless obligations shall survive the termination, suspension, cessation, or deletion of Your Account or Your access to or use of the System.

THIRD PARTY ADVERTISEMENTS, LINKS, AND SERVICES: The MyVaxCard Sites may contain links to third-party websites, advertisements, services, products, special offers, or other activities that are not owned or controlled by MyVaxCard. MyVaxCard does not endorse or assume any responsibility, liability, or obligation for any such third-party website(s), advertisement, service, product, special offer, or otherwise. MyVaxCard is not responsible for, and shall have no liability to You with respect to, the privacy policies, Terms of Use, content, products, services, or operations, practices, or policies on these other website(s) or third parties. Inclusion on the Website(s) of a link to another website or an advertisement does not imply that MyVaxCard approves of or endorses such third party, such website(s) or its products or services, or the advertised product or service. When linking to another website, You should read the Terms of Use, end user agreement, and privacy policy posted on that website. MyVaxCard’s Terms of Use and Privacy Policy only govern the System (including, without limitation, the Website(s)). You access third-party websites at Your own risk. When accessing a third-party website via a link, You are leaving MyVaxCard’s System and Website(s) and are conducting Your business or other transactions with such other third-party, not with MyVaxCard.

You, on behalf of Yourself and Your heirs, successors, assigns, and personal representatives, hereby release and forever discharge each and all of the MyVaxCard Parties from any and all claims, damages, demands, causes of action, losses, and liabilities in any way related to or connected with such third-party websites, Your access to or use of such third-party websites, such third-party websites’ use of Your information and data provided by You to such third-party, or collected by such third-party about You (including personally identifiable information), and the products or services sold, offered, advertised, or purchased on or through such third-party websites.

You are free to participate in the promotions of, and purchase the products and services of, advertisers, vendors, and other product and service suppliers on the Website(s). Any such participation or purchase, including the delivery of, the performance of, and the payment for products and services, and any other terms, conditions, warranties, or representations associated with such participation, are solely between You and the advertiser, vendor, or product or service supplier. MyVaxCard assumes no, and shall have no, liability, obligation, or responsibility for any part of any such participation or transaction. 

Advertisements may be delivered to You by MyVaxCard or a third-party that has an advertising contractual relationship with MyVaxCard (“Advertiser”). Such Advertisers may set cookies on Your computer to allow the Advertisers to recognize Your computer in the future and store Your preferences. MyVaxCard and Advertisers may use the cookies to compile information about You. Such information allows MyVaxCard and Advertisers to deliver targeted advertisements that it or they believe will be of most interest to You. These Terms of Use and MyVaxCard’s Privacy Policy cover only MyVaxCard’s cookies, not the use of cookies by any third party Advertisers.

 

DATA AND CONTENT RETENTION: All Data, Personal Information, Recordings, and Content regarding You (including, without limitation, personally identifiable information, immunization records, and other information, documents, and records) may be retained by MyVaxCard for such time as determined by MyVaxCard in its sole discretion. All Data, Personal Information, Recordings, and Content regarding You may be used, processed, and disclosed as provided in these Terms of Use or MyVaxCard’s Privacy Policy. It is entirely in MyVaxCard’s discretion to retain or delete any Data, Personal Information, Recordings, or Content regarding You. In no event do You or any other person or entity have a right to require the deletion of any Data, Personal Information, Recordings, and Content.

NON-COMMERCIAL USE: Except as otherwise specifically agreed in a separate writing by MyVaxCard, the System (including, without limitation, the Website(s)) is for Your personal use only. The System may not be used by You, in whole or in part, in connection with any commercial endeavors or business.

DISCLAIMER OF LIABILITY/DISCLAIMER OF REPRESENTATIONS AND WARRANTIES: 

YOU AGREE THAT USE OF THE SYSTEM (INCLUDING, WITHOUT LIMITATION, THE WEBSITE(S)) IS AT YOUR SOLE RISK. THE SYSTEM AND WEBSITE(S) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYVAXCARD EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MYVAXCARD DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYVAXCARD, OR FROM OR THROUGH USE OF THE SYSTEM SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED HEREIN. MYVAXCARD ASSUMES NO, AND SHALL HAVE NO, RESPONSIBILITY OR LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR COMMUNICATIONS, PERSONAL INFORMATION, DATA, CONTENT, OR RECORDINGS. MYVAXCARD IS NOT LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION CAUSED BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED BY THE SYSTEM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY MYVAXCARD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION FOR ANY DAMAGES, LOSSES, EXPENSES, OR OTHER AMOUNTS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE SYSTEM, (INCLUDING, WITHOUT LIMITATION, ANY WEBSITE(S)), YOUR PURCHASE OR USE OF ANY OF THE PRODUCTS OR SERVICES OFFERED, ADVERTISED, OR SOLD THROUGH THE SYSTEM OR BY MYVAXCARD, ANY LOSS OR DISCLOSURE OF YOUR PERSONAL INFORMATION, DATA, CONTENTS, OR RECORDINGS, OR ANY OF THE WEBSITE CONTENT OR OTHER MATERIALS, EVEN IF ARISING FROM MYVAXCARD’S NEGLIGENCE AND EVEN IF MYVAXCARD IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY:

IN THE EVENT THAT MYVAXCARD OR ANY MYVAXCARD PARTY IS HELD LIABLE FOR ANY AMOUNT TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION NOTWITHSTANDING THE BREADTH OF THE DISCLAIMER OF LIABILITY ABOVE, IN NO EVENT SHALL MYVAXCARD OR ANY MYVAXCARD PARTY BE LIABLE OR RESPONSIBLE TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION, FOR ANY CAUSE OF ACTION, CLAIM, OR LIABILITY WHATSOEVER, AND REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, CLAIM, OR LIABILITY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE, FOR AN AMOUNT IN EXCESS OF THE AMOUNT PAID, IF ANY, BY YOU OR SUCH OTHER PERSON, ENTITY, OR ORGANIZATION TO MYVAXCARD FOR THE SPECIFIC PRODUCT OR SERVICE WHICH IS THE SUBJECT OF THE CLAIM, BUT IN NO EVENT SHALL ANY MYVAXCARD PARTY’S LIABILITY TO YOU OR ANY OTHER PERSON, ENTITY, OR ORGANIZATION EXCEED ONE THOUSAND U.S. DOLLARS ($1,000.00) IN THE AGGREGATE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO MYVAXCARD BY YOU FOR ANY PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ANY MYVAXCARD PARTY, REGARDLESS OF THE CAUSE OF ACTION.

 

MERGERS, ACQUISITIONS, AND BANKRUPTCY: In the event that MyVaxCard, or its assets or business, in whole or in part, is acquired by or merged with any third party entity, MyVaxCard reserves the right, in any of these circumstances, to transfer or assign Your Personal Information, Recordings, Data, Content, and other information, data, and content and all of MyVaxCard’s rights under these Terms of Use or its Privacy Policy. In the unlikely event of MyVaxCard’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, MyVaxCard may not be able to control how Your Personal Information, Data, Content, or Recordings are treated, transferred, or used.

CHOICE OF LAW: You agree that, notwithstanding the principles of conflicts of law, the internal laws of the State of Maryland shall govern and control the validity, interpretation, performance, and enforcement of these Terms of Use, MyVaxCard’s Privacy Policy, any other agreement between MyVaxCard and You, and any dispute or claim between You and MyVaxCard. Further, You agree that any claim or action relating in any way to these Terms of Use, MyVaxCard’s Privacy Policy, the System (including, without limitation, the Website(s), or the products, services, features, functions, or tools offered, provided, or sold on or through the System), or Your Personal Information, Data, Content, or Recordings shall, subject to the mandatory arbitration provision set out below, be instituted and prosecuted exclusively in the courts of the State of Maryland, and You consent to the jurisdiction of said courts and waives any right or defense relating to such jurisdiction or venue.

MISCELLANEOUS: You agree that: (i) if any of the terms, provisions, obligations, covenants, or conditions contained in these Terms of Use shall be deemed invalid, void, or unenforceable, that specific term, provision, obligation, covenant, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, obligations, covenants, and conditions; (ii) You may not assign or otherwise transfer these Terms of Use or any of Your rights or obligations hereunder; (iii) these Terms of Use (as amended), together with MyVaxCard’s Privacy Policy (as amended), any separate written agreement signed by You and MyVaxCard, and any consent, authorization, or instruction signed by You and provided to and accepted by MyVaxCard, constitutes the entire agreement between You and MyVaxCard with respect to the subject matter hereof and thereof; and (iv) You are not relying on any representations, guaranties, or warranties of MyVaxCard except as may be specifically set forth in these Terms of Use. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. To the maximum extent permitted by applicable law, MyVaxCard and You agree that any cause of action arising out of or relating in any way to these Terms of Use, MyVaxCard’s Privacy Policy, the System (including, without limitation, the Website(s) or the products, services, features, functions, or tools offered, provided, or sold on or through the System), or Your access to or use of the System, in whole or in part, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. The failure by one party to enforce its rights under these Terms of Use shall not constitute a waiver of that party’s rights for that or any subsequent breach of these Terms of Use. These Terms of Use are binding upon and shall insure to the benefit of You, MyVaxCard, and each of Your and our respective heirs, successors, personal representatives, and permitted assigns. There are no third parties who are intended to benefit in any way from these Terms of Use.

DISPUTE RESOLUTION BY BINDING ARBITRATION: 

By using the System in any way, You unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, statute, tort, or otherwise) you may have against the MyVaxCard Parties arising out of, relating to, or connected in any way with the System or the determination of the scope or applicability of these Terms of Use to arbitrate, will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a sole arbitrator in accordance with the rules of Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum; (2) these arbitration Terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Wilmington, North Carolina; (4) the arbitrator's decision shall be controlled by MyVaxCard’s Terms of Use, Privacy Policy, and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Service; (5) the arbitrator shall apply North Carolina law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable MyVaxCard Party’s individual claims, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any MyVaxCard Party; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any MyVaxCard Party exceed $125 USD, and you are unable (or not required under the rules of AAA) to pay any fees and deposits that exceed this amount, MyVaxCard agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MyVaxCard will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor MyVaxCard shall be entitled to arbitrate their dispute. For more information on AAA and/or the rules of AAA, visit their website at www.adr.org.

Our goal is to resolve any disputes amicably and quickly and we encourage you to contact us and explain your complaint as soon as it arises. 

CLASS ACTION AND JURY TRIAL WAIVER. YOU AND MYVAXCARD AGREE THAT ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND MYVAXCARD ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING.

Severability. If any clause within this Arbitration Section is found to be illegal or unenforceable, that clause will be severed from this section and the remainder of the section will be given full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

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