Terms of Use - VeriVaxx

VERIVAXX, LLC

WEBSITE/MOBILE APP

TERMS OF USE

Date of Last Revision: 3/15/2022

PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT VERIVAXX SERVICES.

VERIVAXX PROVIDES A WEBSITE/MOBILE APP TO ITS END USERS ALLOWING THEM TO TRACK AND MANAGE CERTAIN HEALTH CARE DATA AND INFORMATION, INCLUDING BY WAY OF EXAMPLE VACCINATION STATUS. VERIVAXX IS NOT A COVERED ENTITY OR BUSINESS ASSOCIATE FOR PURPOSES OF THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AND ITS RELATED REGULATIONS AND AMENDMENTS FROM TIME TO TIME OR RELATED STATE-SPECIFIC HEALTH INFORMATION PRIVACY LAWS AND REGULATIONS.

NOTE: VERIVAXX is not a healthcare provider. You should contact your Physician or another qualified medical professional for all your healthcare needs. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE DIAL 911 OR CALL YOUR PHYSICIAN OR ANOTHER QUALIFIED MEDICAL PROFESSIONAL.

THESE TERMS OF USE (the “Terms”) GOVERN YOUR USE OF THE SITE (AS DEFINED BELOW) AND VERIVAXX’S SERVICES (AS MORE FULLY DESCRIBED BELOW) AND RELATED SERVICES MADE AVAILABLE TO YOU ON OR THROUGH THE SITE (collectively, the “Service”). THESE TERMS INCLUDE AND INCORPORATE BY REFERENCE ANY OTHER TERMS, CONDITIONS AND POLICIES WHICH ARE REFERENCED IN THESE TERMS AND ACCESSIBLE VIA HYPERTEXT LINK FROM THESE TERMS, OR OTHERWISE AVAILABLE ON THE SITE. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND VERIVAXX, LLC (“Verivaxx”, “we” or “us”) AND GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE LOCATED AT [INSERT WEBSITE ADDRESS], AS WELL AS ALL ASSOCIATED VERIVAXX WEB SITE, SUBDOMAINS, MOBILE APPLICATIONS, PRODUCTS AND SERVICES LINKED TO [INSERT WEBSITE ADDRESS] BY VERIVAXX, ITS PARENTS, AFFILIATES AND SUBSIDIARIES (COLLECTIVELY, THE “Site”). ALL REFERENCES TO “SITE” INCLUDE ANY VERIVAXX SOFTWARE THAT VERIVAXX PROVIDES TO YOU, INCLUDING WITHOUT LIMITATION, IN A MOBILE APPLICATION. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, ANY SERVICES MADE AVAILABLE THROUGH THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. BY CLICKING TO ACCEPT THESE TERMS OR BY USING THE SITE AND/OR SERVICE YOU SHALL BE DEEMED TO HAVE AGREED TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.

YOU UNDERSTAND THAT BY ACCESSING OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THE SITE.

VERIVAXX MAY MAKE CHANGES TO THE CONTENT AND SERVICES OFFERED ON THE SITE AT ANY TIME. VERIVAXX CAN CHANGE, MODIFY OR ADD OR REMOVE PROVISIONS OF THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS ON THE SITE AND/OR BY PROVIDING YOU WITH NOTICE OF SUCH CHANGES BY EMAIL USING THE EMAIL ADDRESS ASSOCIATED WITH YOUR VERIVAXX ACCOUNT. IF ANY CHANGE, MODIFICATION, ADDITIONAL PROVISION OR REMOVAL OF A PROVISION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITE AND THE SERVICE. IF INSTEAD, YOU CONTINUE TO USE THE SITE AND/OR THE SERVICE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGE.

The Site

Verivaxx, LLC and its respective affiliates (collectively, “Verivaxx,” “we ”, “us”, or “our”) own and operate the Site located at [INSERT WEBSITE(S) HERE]. The Site is intended to facilitate the provision of the Service to Verivaxx registered end users. The Service may include providing individuals a platform on which to upload, maintain, manage and access certain health care information, including by way of example vaccination status and other health care records and health care information for ease of access and use.

Eligibility

Your access to and use of the Site is subject to these Terms, the End User License Agreement [INSERT LINK TO EULA], our Privacy Policy [INSERT LINK TO PRIVACY POLICY], VERIVAXX’S End User Acknowledgments [INSERT LINK TO END USER CONSENTS] and all applicable laws and regulations. These Terms form a legally binding contract between you and VERIVAXX. By using the Site and Service, you represent, acknowledge, and agree that either: (a) you are at least 18 years of age; or (b) you have the consent of your parent or a legal guardian. VERIVAXX may terminate these Terms and your use of the Site and Service without notice if VERIVAXX, in its sole discretion, believes that you are under the age of 18 without the consent of your parent or legal guardian. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms, and agree to comply with these Terms. However, your parent or legal guardian hereby agrees that to the extent any applicable laws provide minors in the place where you live, with the right to prevent their parents or legal guardians from accessing their personal health or other personal information, that they will not attempt to access such information through the Service or otherwise, without in each case, the minor’s freely given consent (except as otherwise permitted under applicable law).

Service Features

The Service through its features permits you to perform certain functions as further specified below. The Service’s features may change from time-to-time. You will be notified of such changes as specified in these Terms.

Messaging. You may exchange messages with [INSERT ANY SPECIFICS] regarding documents and information you upload to the Service.
Vaccinations/Prescriptions/Other Health Information. You may upload, download and share an electronic copy of any documents and information you upload to the Service. The content of your information and documents is managed and maintained solely by you. We are not responsible for the content of your any such documents or information, including without limitation, any errors, omissions or inaccuracies.
Profile Editing and Sharing. You have the ability to view and edit your current account profile summary through your VERIVAXX Account. Also, you may request to have a summary of your account profile and related information delivered electronically to a third party designated by you through the Service. The content of your account profile summary is determined solely by you. We are not responsible for the content of your profile summary, including without limitation, any errors, omissions or inaccuracies.
SMS Notifications. You may consent to SMS messages from VERIVAXX. When you opt-in to VERIVAXX’s SMS service (“SMS Service”), VERIVAXX will send you an SMS message to confirm your signup. This SMS Service will send messages based upon preferences you designate when you sign-up and opt-in to the SMS Service. You can cancel the SMS Service at any time. Just text “STOP” to VERIVAXX’s short code. After you send the SMS message “STOP” to VERIVAXX, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from VERIVAXX. If you want to join again, just sign up as you did the first time and VERIVAXX will start sending SMS messages to you again. If at any time you forget what keywords are supported, just text “HELP” to VERIVAXX’s short code. After you send the SMS message “HELP” to VERIVAXX, we will respond with instructions on how to use our SMS Service as well as how to unsubscribe. As always, message and data rates may apply for any messages sent to you from VERIVAXX and to VERIVAXX from you. Your message frequency is dependent on your preferences as specified at sign-up. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the SMS Service provided by VERIVAXX’s short code, you can send an email to [INSERT CUSTOMER SERVICE EMAIL ADDRESS].

Your Communications

You are solely responsible and liable for your communications with third parties in connection with your use of the Service. Please be polite and respectful when communicating through the Service. You acknowledge and agree that VERIVAXX does not control the content of user communications, and does not guarantee the accuracy, integrity, quality, reliability or suitability of such communications. VERIVAXX does not pre-screen user communications. By using any communications feature, you understand that you may be exposed to content that is offensive, indecent or objectionable, and your use of such features is solely at your own risk and VERIVAXX has no responsibility or liability to you in connection therewith. VERIVAXX is not responsible or liable for any aspect of the relationship between you and any other person or entity. Any disputes between you and any other person or entity, whether arising from your use of the Service or otherwise, are solely a matter between both of you. VERIVAXX cannot become involved in such disputes.

Sharing Personal Information

Please use your common sense and good judgment before you share your personal information or other confidential information with any other person through the Service. VERIVAXX does not control whom you choose to share your personal information with, and we have no liability or responsibility to you to the extent you choose to make your personally identifiable information or other confidential information available through the Service. If you choose to make your information available to third parties through the Service, we may require such third parties to open an account with VERIVAXX before they can view your information or otherwise interact with you through the Service.

Materials

The information, documents, content, data, products, services, logos, graphics, images, software, technology, and know-how made available to you on the Site and through the Service (except to the extent you own any personal information contained in the documents and information you upload to the Site) in accordance with applicable law, (together, the “Materials”) are the copyrighted and/or trademarked work of VERIVAXX and/or its suppliers, or are otherwise subject to VERIVAXX’s and/or its suppliers’ other intellectual property or other proprietary rights, including without limitation, patent and trade secret rights.

VERIVAXX grants you a limited, personal, revocable, non-sublicensable, non-transferable and non-exclusive license to access and use the Materials on your personal computer or mobile device solely as necessary to use the Site and Service for your personal use in accordance with these Terms. Except for the license set forth in the immediately preceding sentence, you acknowledge and agree that you have no right to download, cache, modify, edit, copy, display, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. Your use of Materials consisting of VERIVAXX Software (as defined below) are subject to the additional terms set forth below.

The limited license specified above terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of such limited license, you agree to immediately destroy any downloaded or printed Materials.

“VERIVAXX” is a trademark of VERIVAXX, LLC in the United States of America. Other trademarks, names and logos on the Site or Service are the property of their respective owners. Unless otherwise specified in these Terms, all information and screens appearing on the Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, and all associated copyright and other proprietary rights are the sole property of VERIVAXX. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or under a duly authorized license. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site, Service or any Materials. All rights not expressly granted herein are reserved; there are no implied rights.

VERIVAXX Software

The Service may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer or mobile device (collectively “VERIVAXX Software”). Subject to your compliance with these Terms, VERIVAXX grants you a limited, personal, revocable, non-transferable, non-sublicensable, non-exclusive license to use the VERIVAXX Software, in object code form only, solely for the purpose stated by VERIVAXX at the time the VERIVAXX Software is made available to you and in accordance with these Terms. Your use of the VERIVAXX Software may also be subject to the terms of an end user license agreement. You may not sublicense, or charge others to use or access the VERIVAXX Software. You may not translate, reverse engineer, reverse compile or decompile, disassemble, or otherwise attempt to discover the source code of the VERIVAXX Software, or make derivative works from or of the VERIVAXX Software. You may not modify the VERIVAXX Software or use it in any way not expressly authorized in writing by VERIVAXX. You understand that VERIVAXX’s introduction of various technologies may not be consistent across all platforms and that the performance of the VERIVAXX Software and Service may vary depending on your computer or mobile device. From time-to-time, VERIVAXX may provide you with updates or modifications to the VERIVAXX Software. You understand that certain updates and modifications may be required in order to continue using the VERIVAXX Software and the Service. YOUR FAILURE TO INSTALL UPDATES MAY CAUSE THE VERIVAXX SOFTWARE AND/OR THE SERVICE TO SUFFER DEGRADED FUNCTIONALITY, FAIL TO PERFORM AS INTENDED OR CEASE WORKING ALTOGETHER. VERIVAXX WILL NOT BE RESPONSIBLE FOR ANY SUCH RESULTING OR CONSEQUENTIAL EFFECTS, LOSSES OR DAMAGES AND SUCH EFFECTS WILL NOT CONSTITUTE BREACH OF THESE TERMS OR GRANT YOU ANY RIGHTS OR REMEDIES AGAINST VERIVAXX. There is no set schedule for the provision of updates. VERIVAXX and its suppliers expressly reserve ownership of all intellectual property rights applicable to the VERIVAXX Software. All rights not expressly granted herein are reserved; there are no implied rights. The license granted to you in this paragraph shall immediately terminate (without any notice to you) if you breach any of the terms set forth in this paragraph or upon termination of your use of the Service for any reason.

Fees/Payment

You agree to pay all fees due under your Membership Agreement. When registering to use and signing a Membership Agreement, you will see a prompt for your payment details, such as your credit card information and any promotional codes you may have. By entering your payment information and submitting your request, you authorize us, our affiliates, or our third-party payment processors to charge the amount due.

Using the Service

In order to use the Service, you must register with VERIVAXX to open an VERIVAXX account (a “VERIVAXX Account”).

In order to enable VERIVAXX to populate your VERIVAXX Account, you will need to provide your full name, cell phone number and email address and any additional information that may be necessary. We will ask you to create a password as part of the registration process. You may also have the ability to provide additional optional information during or after the registration process, which is not required to register for an VERIVAXX Account but may be helpful to VERIVAXX in providing you with a more customized experience when using the Site and Service. Once you have submitted your VERIVAXX Account registration information, an VERIVAXX administrator will have the right to approve or reject the requested registration, in the VERIVAXX administrator’s sole discretion. You are responsible for providing and maintaining truthful, accurate, complete and current information (including identity and if applicable, payment information) in connection with your VERIVAXX Account.

You are responsible for maintaining the confidentiality of your VERIVAXX Account password, and you are solely responsible for all activities that occur using your password. You agree not to share your password, let anyone else access your VERIVAXX Account or do anything else that might jeopardize the security of your VERIVAXX Account. You agree to promptly notify VERIVAXX if your password is lost, stolen or disclosed to an unauthorized third party; if there is any unauthorized use of your password; or if you know of (or suspect) any other breach of security in VERIVAXX to the Site or Service.

By using the Service, you represent and warrant that all the information that you provide when registering for an VERIVAXX Account is accurate and complete and that you will keep such information up to date. You may change or correct your account registration information by either logging into your VERIVAXX Account directly or by contacting us at [INSERT CUSTOMER SERVICE EMAIL ADDRESS].

Electronic Communications

By using the Site and Service, you consent to receive electronic communications from VERIVAXX. These electronic communications may include notices about any applicable information concerning or related to the Site and Service. These electronic communications are part of your relationship with VERIVAXX. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Unauthorized Activities

When using the Site and Service, you agree not to: (a) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (b) use racially, ethnically, or otherwise offensive language; (c) discuss or incite illegal activity; (d) use abusive, threatening, violent, explicit or obscene language or solicit/post sexually explicit images (actual or simulated); (e) post or transmit any content or communications that exploit children or minors or that depicts cruelty to animals; (f) post or transmit any copyrighted or trademarked materials, or materials that constitute trade secrets, or are subject to patents or other intellectual property rights, without the express permission from the owner; (g) disseminate any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, or any other form of such solicitation; (h) use any robot, spider, scraper or other automated means to access the Site or Service; or (i) take any action that imposes an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our third party service providers. This list of prohibitions provides examples and is not complete or exclusive.

VERIVAXX reserves the right to immediately terminate your use of the Site and Service with or without notice for any action of yours that we determine in our sole discretion, is inappropriate or disruptive to the Site or Service or to any other user of the Site or Service. You acknowledge that unauthorized use of any Materials contained on, or accessible from, the Site or Service may violate certain laws, rules and regulations.

VERIVAXX may report to law enforcement authorities, and its suppliers, any actions that may be illegal or otherwise in breach of these Terms, and any reports it receives of such conduct. When legally required or at VERIVAXX’s discretion, VERIVAXX will cooperate with law enforcement agencies and its suppliers in any investigation of alleged illegal activity involving the Site or Service.

You hereby agree to indemnify, defend and hold harmless VERIVAXX and its parents, affiliates and subsidiaries and their respective officers, directors, employees, agents, licensors, suppliers and business partners from and against any and all costs, damages, liabilities, suits, claims, and expenses (including, without limitation, attorneys’ fees and costs of defense) that VERIVAXX or any other indemnified party suffers in relation to, arising from, or otherwise connected with your use of the Site and/or Service, or the use of the Site and/or Service by any person using your VERIVAXX Account, including without limitation, arising from any violation of any applicable law, rule or regulation, or the infringement, misappropriation or violation of the copyrights, trademark rights, patent rights, trade secret rights, publicity rights, privacy rights, or other rights of any third party.

Links to Third Party Site

This Site may be linked to other web Site that are not VERIVAXX Site (collectively, “Third-Party Site”). You acknowledge and agree that the Third-Party Site may have different privacy policies, terms and conditions and/or business practices than VERIVAXX, and you further acknowledge and agree that your use of such Third-Party Site is governed by the respective Third-Party Site privacy policy, terms and conditions and/or user guides which you hereby agree to comply with. We encourage you to review such third-party policies and terms so that you understand your rights and obligations, and in the case of third-party privacy policies, how such third parties collect, use and share your personal information.

VERIVAXX provides links to Third Party Site to you as a convenience, and VERIVAXX does not verify, make any representations or take responsibility for such Third-Party Site, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Site. We are not liable for any harm you suffer as a result of visiting or otherwise interacting with Third Party Site; we do not endorse such Third-Party Site. You access Third Party Site and use their content, products and services entirely at your own risk. You should use your common sense and judgment, exercise reasonable caution and carry out your own due diligence before visiting Third Party Site or using any products, services or content on such Site.

YOU AGREE THAT VERIVAXX AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY PRODUCTS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITE AND/OR ARISING FROM YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF, OR RELIANCE ON, THE PRODUCTS, SERVICES, CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Security

VERIVAXX will use commercially reasonable efforts to establish and maintain administrative, technical and physical safeguards in connection with the data center facilities, servers, networking equipment, and software systems that are within VERIVAXX’s reasonable control, and that are used to provide the Site and/or Service, that are designed to: (a) protect the security and integrity of the VERIVAXX network; (b) guard against anticipated threats or hazards to the security and integrity of the VERIVAXX network; and (c) protect against the accidental or unauthorized access, use, alteration or disclosure of any of your information that may be provided to VERIVAXX in connection with your use of the Site and/or Service. The safeguards will be consistent with the generally accepted security standards within the personally identifiable information in an electronic form. However, VERIVAXX is not responsible for: (i) any unauthorized access to; (ii) alteration, deletion, destruction, damage, or loss of; or (iii) failure to store, any of your information, unless otherwise required by applicable law. You are solely responsible for taking your own steps to back-up your information, and for routinely archiving your information.

Digital Millennium Copyright Act

Verivaxxreserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason.Verivaxx otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement withVerivaxx.

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the email address below.

Any notification toVerivaxx under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
An identification of the content or material that you claim is infringing and where it is located on our Sites;
Information sufficient forVerivaxx to contact you, such as your address, telephone number, and/or email address;
A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

Disclaimer of Warranties

Your use of the Site, Service, Materials, and any other information you obtain through or upload to the Site or Service is entirely at your own risk. The Materials and your data have not been verified or authenticated in whole or in part by VERIVAXX, and they may include inaccuracies or typographical or other errors. VERIVAXX does not warrant the accuracy, appropriateness or timeliness of the Service, Materials, your data, or other information contained on, or accessible from, the Site or through the Service. VERIVAXX has no liability for any errors or omissions in the Site, Service, Materials, your data or other information, whether provided by VERIVAXX or anyone else.

VERIVAXX, ON BEHALF OF ITSELF AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREBY DISCLAIMS AND MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, SERVICE, MATERIALS, YOUR DATA OR OTHER INFORMATION, RELATING TO QUALITY, SUITABILITY, TRUTH, ACCURACY, COMPLETENESS OR OTHERWISE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, SERVICE, MATERIALS, YOUR INFORMATION CONTAINED OR PRESENTED ON THE SITE OR THROUGH THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR SECURITY. VERIVAXX DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER OR MOBILE DEVICE OR THAT MAY DAMAGE YOUR COMPUTER, MOBILE DEVICE OR DATA.

YOU ACKNOWLEDGE THAT THE SERVICE ALLOWS YOU TO COMMUNICATE WITH CERTAIN THIRD PARTIES. VERIVAXX HAS NO LIABILITY TO THE EXTENT IT IS UNABLE TO PROVIDE ANY COMMUNICATION FEATURE OF THE SERVICE, OR FOR ANY HARM LOSS OR DAMAGES SUFFERED BY YOU AS A RESULT OF ANY THIRD PARTY’S ACTS OR OMISSIONS ARISING FROM YOUR USE OF THE SERVICE. VERIVAXX SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, DATA LOSS, SERVICE FAILURES AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT VERIVAXX’S WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

VERIVAXX AND ITS SUPPLIERS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, LOSSES OR CLAIMS RESULTING FROM YOUR USE OF THE SITE, SERVICE, MATERIALS, YOUR INFORMATION MADE AVAILABLE THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, YOUR RELIANCE ON THE SITE, SERVICES, MATERIALS, OR YOUR INFORMATION.

IN NO EVENT SHALL VERIVAXX OR ITS SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWSOEVER ARISING, EVEN IF IT KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

NOTHING IN THIS LIMITATION OF LIABILITY SECTION SHALL EXCLUDE OR LIMIT VERIVAXX’S OR ITS SUPPLIERS’ LIABILITY FOR LOSSES OR DAMAGES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, VERIVAXX’S AND ITS SUPPLIERS’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

The parties agree that the limitations specified in this section will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

Location

VERIVAXX controls and operates the Site and provides the Service from its headquarters in the United States of America. The Site and Service are only intended for use by persons who are ordinarily resident in the United States of America.

License

By using the Service, you hereby grant us a royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, distribute, and display the information contained in your data (to the extent you have rights in such content under applicable laws) and any other information you provide to the Service, solely for any purposes as necessary for VERIVAXX to provide the Service. Except as otherwise specified herein, we will never disclose your personal information.

Privacy

Your use of the Site and Service is governed by the VERIVAXX Privacy Policy and Notice of Privacy Practice, which is available on our Site (the “Privacy Policy”). If you have any questions regarding privacy, please read our Privacy Policy and Notice of Privacy Practices.

Use of Aggregate Information

We may use usage patterns, trends and other statistical data derived from your use of the Site and/or Service for purposes of providing, operating, maintaining, or improving the Site and/or Service and for our advertising and marketing purposes. However, all such information will be aggregated and/or anonymized and we will never identify you nor disclose your personal information.

Feedback

If you provide any comments, questions, recommendations, suggestions, or related information to VERIVAXX by any means, concerning the Site, Service or Materials (collectively, “Feedback”), you hereby grant VERIVAXX a perpetual, irrevocable, royalty-free, fully paid-up, worldwide, transferable, sublicensable license to use, copy, modify, create derivative works of, publicly display, publicly perform, and distribute, without any attribution or compensation to you, any and all Feedback in connection with the Site and/or Service and/or any of VERIVAXX’s other products or services; however, you have no right to compel any such use.

General

If you violate these Terms, VERIVAXX may terminate and/or suspend your access to this Site and Service without notice. These Terms will be governed by the laws of the State of Floridawithout regard to its conflicts of law provisions. Any law based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to these Terms. Any dispute relating to these Terms will be heard exclusively in the state and federal courts located in Orange County, Florida; except that VERIVAXX may seek to enforce a judgment, protect its intellectual property rights, or seek equitable relief (including without limitation, injunctive relief (without being required to post a bond)) in any court of competent jurisdiction. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. VERIVAXX’s failure to enforce any of these Terms is not a waiver of such term. These Terms, (together with any other terms and conditions which govern your use of the Site, Service or App, in each case as provided to you by VERIVAXX), are the entire agreement between you and VERIVAXX and supersede all prior or contemporaneous negotiations, discussions or agreements between you and VERIVAXX about the Site and Service.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY SERVICE ARE PROVIDED THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS.VERIVAXX AND ITS AFFILIATES, INCLUDING WITHOUT LIMITATION ALL AFFILIATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICE INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHERVERIVAXX NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY OR USEFULNESS OF THE SITE. FURTHERMORE,VERIVAXX DOES NOT GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, ANDVERIVAXX DISCLAIMS ANY LIABILITY RELATING THERETO.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT, MATERIAL AND/OR INFORMATION OBTAINED THROUGH THE USE OF THE SITE AND SERVICE ARE USED AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR INFORMATION.

Limitation of Liability

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILLVERIVAXX, ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE OR ANY SERVICE, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SERVICE. THIS IS TRUE EVEN IFVERIVAXX OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend, and hold harmlessVerivaxx, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys harmless from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorneys’ fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms.

Termination

These Terms will remain in full force and effect as long as you continue to access or use the Site or Service. You may stop using the Site and Service at any time, by ceasing to access the Site or otherwise ceasing to use the Service. You may also terminate your VERIVAXX Account by contacting us at [INSERT CUSTOMER SERVICE EMAIL ADDRESS].

In addition to the termination rights set forth above in these Terms, VERIVAXX may at any time, for any or no reason, in its sole discretion and with or without prior notice to you: (a) suspend or terminate your use of the Site, Service or any portion or feature thereof; and/or (b) cease to provide the Site, Service or any portion or feature thereof, in its or their entirety.

All terms and conditions of these Terms which by their nature are intended to survive, will survive the termination of your use of the Site and Service, including without limitation, all terms which address the protection of VERIVAXX’s and its suppliers’ intellectual property rights; disclaimer of warranties; limitations of liability; your representations; and your payment and indemnification obligations.

If you have any questions about these Terms or would otherwise like to contact VERIVAXX for any reason, you can reach us by [INSERT CUSTOMER SERVICE LINK OR EMAIL].