TERMS OF USE
TERMS OF USE
Last Updated: October 25, 2021
The COVIDCard website located at www.walletcovidcard.com [and and associated mobile apps (all of which are referred to hereinafter both individually and collectively as the “Website”) are owned and operated by Centennial Pharmacy Services, Incorporated together with its affiliates, subsidiaries, successors, and assigns (“COVIDCard,” “WalletCOVIDCard,” “Centennial Pharmacy Services, Incorporated,” “Centennial Pharmacy Services,” “Centennial,” “we,” “our,” or “us”).
Please read these Terms of Use (“Terms”) carefully before you use the Website. By using this Website, you, on behalf of yourself and any entity you represent, if applicable, acknowledge that you have read and understand these Terms, you agree to be bound by these Terms, and these Terms form a legally binding agreement between you and COVIDCard. When taking certain actions on the Website, you may also be required to click-to-agree to these Terms, as well as other terms and conditions as may be applicable. If acting on behalf of an entity, you must have, and you represent and warrant that you have, full authority to bind your entity to these Terms. These Terms apply to your use of the Website, and, unless otherwise expressly stated, these Terms do not apply to any of our offline transactions with you. Further, by using the Website, you indicate to us that you have read and understand the information practices disclosed in our Privacy Policy. You acknowledge and agree that these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Website), and you acknowledge your receipt of and the sufficiency of the consideration. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE WITH EACH TERM AND CONDITION IN THESE TERMS.
We reserve the right, without notice and for any reason, to remove any content from the Website; to modify, suspend, or discontinue the Website; and/or to deny access of any user to all or any part of the Website.
Modification of Terms.
We reserve the right to revise these Terms at any time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure you are aware of any changes. You can determine if these Terms have been revised since your last visit to the Website by referring to the last updated date at the top of these Terms. If changes are significant, we may also notify you of such changes by posting a notice on the home page of the Website and/or via contact information you have provided to us, if any. Your use of the Website following such revision to these Terms constitutes your acceptance of and agreement to these Terms, as revised, and the revisions will apply to your use of the Website on and after the date on which we post the revised Terms.
Ability to Agree to Terms; Intended Users.
The Website is intended for use by adults only. Subject to our information practices related to Children’s Privacy as described in our Privacy Policy, by using the Website, you affirm that you (i) are eighteen (18) years old or older, or that you are between the ages of thirteen (13) and eighteen (18) and possess legal parental or guardian consent to use the Website and provide information through the Website (however, as described in our Privacy Policy, you should not provide Personal Information about yourself through the Website if you are under age 18, or under the age of majority in the jurisdiction where you reside); (ii) are a resident of the United States; and (iii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. Our Website, products, and services are all directed to people who are at least eighteen (18) years old, and children under age eighteen (18) are prohibited from using the Website. COVIDCard does not and will not knowingly (i) collect or permit submission of personally-identifiable information of anyone under age eighteen (18) through the Website; (ii) contact such individuals for marketing purposes; or (iii) sell products or services to such individuals.
Jurisdiction.
The Website is controlled and operated from the United States and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. If you access the Website, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Website. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Electronic Communications.
When you visit the Website or send e-mails to us, you are communicating with us electronically. And, subject to our information practices set forth in our Privacy Policy, you consent to receive responsive communications from us electronically. Unless otherwise set forth in these Terms, notices to you may be made via postings to the Website, by email, or by regular mail, in our discretion, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Website, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
User Permissions and Obligations.
Right to Use the Website and COVIDCard Content.
COVIDCard grants you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, limited license to access and use the Website and to download and print limited copies of COVIDCard Content (defined as all text, graphics, logos, images, audio clips, digital downloads, and any other material or information on, comprising, or used in connection with the Website), provided that you comply with these Terms. Any other copying, reproduction, use, distribution, republication, display, rental, sale, other transfer, modification, or translation of the Website and/or COVIDCard Content (or creation of derivative works based on the Website or COVIDCard Content) is strictly prohibited without the express prior written permission of COVIDCard.
Technical Requirements.
You are responsible for all software, hardware, services (such as Internet service), and equipment necessary to access and use the Website, including all related expenses, if any.
Indemnification by You.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS COVIDCARD, ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS FOR, FROM, AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, DEMANDS, AWARDS, AND COSTS AND EXPENSES (including reasonable attorneys’ fees and costs) DUE TO OR ARISING OUT OF (i) YOUR USE OF OR ACTIVITIES IN CONNECTION WITH THE WEBSITE, COVIDCARD CONTENT, USER CONTENT (DEFINED AND DISCUSSED BELOW), OR OTHER INFORMATION OR MATERIALS OBTAINED OR SUBMITTED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY MATERIALS, CONTENT, OR ANY OTHER INFORMATION YOU SUBMIT TO COVIDCARD RELATED TO PROOF OF VACCINATION OF ANY TYPE; (ii) YOUR USER CONTENT, INCLUDING WITHOUT LIMITATION THE DISPLAY OF YOUR USER CONTENT ON OUR WEBSITE AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN THESE TERMS; (iii) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION, THE RIGHTS OF ANOTHER WEBSITE USER; AND/OR (iv) YOUR VIOLATION OF THESE TERMS, OR ANY LAW, RULE, OR REGULATION, AND/OR ANY BREACH OF YOUR REPRESENTATIONS OR WARRANTIES MADE IN THESE TERMS.
Conduct on the Site.
You agree NOT to:
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Use the Website or COVIDCard Content for any fraudulent or unlawful purpose or any purpose prohibited by these Terms, including but not limited to, use of the Website to create a forgery intended to represent proof of vaccination of any type, or reproduce, disseminate, distribute, or otherwise make copies of any fake or fraudulent documentation intended to represent or that could be reasonably confused or mistaken as proof of vaccination of any type;
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Use the Website or COVIDCard Content in any manner that may adversely affect COVIDCard’s resources or the availability of the Website to others, or in any way that disrupts the operation of the Website or the servers or networks that make the Website available;
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Delete or revise any COVIDCard Content on the Website, or modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise tamper with any portion of the Website or COVIDCard Content;
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Remove or modify any copyright, trademark, or other proprietary rights notice from the Website or any COVIDCard Content;
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Use the Website to transmit, disclose, collect, or store personal information about others;
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Use the Website or information obtained through the Website to contact anyone who has asked not to be contacted;
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Submit or post any material or information that is illegal, obscene, threatening, harassing, slanderous, defamatory, abusive, invasive of privacy;
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Or that infringes, misappropriates, or otherwise violates the proprietary or legal rights of any person or entity; or that contains software viruses, ransomware, corrupted data, or cancel bots;
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Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity, express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit;
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Violate the rights of any third party or breach any contract with or duty owed to any third party;
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Create a database by downloading and saving COVIDCard Content or any other material or information from the Website;
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Download, copy, or use any COVIDCard Content or any other information or content on or comprising the Website in order to compete with COVIDCard in any way;
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Use the Website to design, develop, operate, support, market, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website;
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Frame or mirror any COVIDCard Content or other portions of the Website. If you link to the Website, COVIDCard reserves the right to block any such links and/or demand you remove any such link at any time;
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Attempt to gain unauthorized access to the Website, or attempt to defeat any security measures that we take to protect the Website;
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Or Use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather COVIDCard Content or other information or materials on or comprising the Website, or reproduce or circumvent the structure or presentation of the Website without our prior written consent. General purpose Internet search engines will be entitled to access the Website and use limited content from the Website if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Website; (ii) They link to and use the content solely in connection with their activities as an Internet search engine; and (iii) They access the Website from a stable IP address using an easily-identifiable agent. We reserve the right to revoke this permission in whole or in part.
Purchases from the Site and Account Creation.
You may purchase COVIDCard products through the Website. If you register for an account on the Website, or if you make a purchase through the Website, you agree not to use a false or misleading name or a name you are not authorized to use. You must provide accurate and complete information for your account or purchase. For the avoidance of doubt, all billing and registration information you provide must be truthful and accurate. Providing false, incomplete, or incorrect information could result in rejection of any orders you make, and constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested. You are solely and exclusively responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree not to share your account or password with any third party. You agree to accept full and sole responsibility for all activities that occur under your account or password, whether with or without your knowledge. You must tell us immediately if you become aware of any unauthorized use of your account. We may suspend or terminate your account in such event. If you become aware of a breach of security in your system that may affect your other users’ account login credentials, please contact us immediately so that we may reset passwords for any affected users.
IN ADDITION TO THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PROVIDING INFORMATION THAT YOU KNOW OR SHOULD KNOW TO BE FALSE OR MISLEADING ABOUT, INTENDED TO REPRESENT, OR LIKELY TO CAUSE CONFUSION AS TO PROOF OF VACCINATION OF ANY TYPE MAY CONSTITUTE A VIOLATION OF LAW PUNISHABLE BY CIVIL OR CRIMINAL PENALTIES. FURTHER, YOU AGREE THAT AT ALL TIMES AS BETWEEN YOU AND COVIDCARD, YOU ARE SOLELY RESPONSIBLE FOR ANY MATERIALS, CONTENT, OR ANY OTHER INFORMATION YOU SUBMIT TO COVIDCARD RELATED TO PROOF OF VACCINATION OF ANY TYPE. FOR THE AVOIDANCE OF DOUBT, COVIDCARD IS UNDER NO OBLIGATION TO, AND WILL NOT UNDER ANY CIRCUMSTANCES, REVIEW FOR ACCURACY, ALTER, CORRECT, OR OTHERWISE MODIFY ANY MATERIALS, CONTENT, OR ANY OTHER INFORMATION YOU SUBMIT TO COVIDCARD RELATED TO PROOF OF VACCINATION OF ANY TYPE.
Content You Submit Using the Website.
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Ownership of and Right to Use User Content. If you choose to post any information, content, or comments (collectively, “User Content”) to any portion of the Website or to any COVIDCard social media sites or channels (“Social Media”), where allowed, and where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation of the Website and our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, perpetual, worldwide, transferable, sublicensable, royalty-free, and fully-paid up non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such User Content). You acknowledge and agree that we may use your User Content in any media, now known or hereafter developed. You will not be paid for our use of your User Content. We are under no obligation to post or use any User Content you provide, and we may remove any User Content at any time in our discretion. We do not claim ownership of your User Content, unless otherwise expressly provided on the Website. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your User Content. YOU ACKNOWLEDGE AND AGREE THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY USE OR MISUSE OF YOUR USER CONTENT BY ANY OTHER USER OF OR VISITOR TO OUR WEBSITE OR SOCIAL MEDIA.
Conduct Relating to Your User Content.
If you post User Content to any areas of the Website or our Social Media where it is readily apparent that the User Content will be publicly available:
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You are solely responsible for the User Content you post. Upon your request, we may, but have no obligation to, remove User Content that you post, but copies of User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit this User Content. You may not post User Content using any automated means.
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You must not create multiple accounts for yourself with the intent of exploiting our Website or Social Media.
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We may or may not pre-screen your User Content before it is posted, and we have the right, but not the obligation, in our discretion and without notice to you, to refuse to post your User Content.
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We are not obligated to monitor the User Content posted to the Website or Social Media. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the User Content or any other user.
All comments must relate in some way to the post on which you are commenting. -
By posting, you represent and warrant that you have the right to share your User Content, and that our use of the User Content as allowed in these Terms and inclusion of the User Content on the Website or Social Media, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, patent, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of User Content to the Website, and you agree to indemnify us according to Section 5(c) above.
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User Content posted to the Website or Social Media is the responsibility of the posting user. User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the Website or Social Media are not necessarily our views. We are not responsible for, we make no representations or warranties regarding, and we disclaim any and all responsibility and liability for the User Content. You acknowledge and agree that your reliance on User Content will be at your own risk.
In the event that we refuse to post your User Content or remove your User Content for any reason, we reserve the right to disclose such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
Infringement Policy.
We will remove User Content posted to the Website or Social Media if we believe in good faith that the User Content is infringing a copyrighted work. If you believe your copyright has been infringed by User Content or if you believe User Content you posted has been wrongly removed from the Website, please email us at info@COVIDCard.com
Accuracy of COVIDCard Content.
We attempt to provide COVIDCard Content on the Website that is complete, accurate, and current (excluding User Content, for which we are not responsible). Despite our efforts, the COVIDCard Content may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any COVIDCard Content.
Feedback.
By submitting ideas, suggestions, enhancement requests, documents, and/or proposals (“Contributions”) to COVIDCard through the Website or otherwise, you acknowledge and agree that: (i) Your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled, but not obligated, to use or disclose (without notice or credit given to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign to COVIDCard all rights, titles, and interests in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein); and (vi) you are not entitled to compensation of any kind for your
Contributions.
Privacy.
For information on how we use and protect the personal information and automatically-collected information collected through your use of the Website and Social Media, view our Privacy Policy. Your use of the Website indicates to us that you have read and understand our Privacy Policy.
Filtering.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying some current providers of such protections is available at: www.getnetwise.org and www.onguardonline.gov. We do not endorse any of the products or services listed at these sites. Further, this notice shall not constitute an admission by us that any content on our Website is harmful to minors.
No Warranty; Limitation of Liability.
You use the Website at your own risk. We provide the Website, COVIDCard content, COVIDCard products sold through the Website, access to User Content, and all other information and materials obtained on and/or comprising the Website “as is” and “as available,” without any express or implied representations or warranties of any kind. We disclaim, to the maximum extent permitted by applicable law, all express, implied, and statutory representations and warranties with respect to the website, COVIDCard content, COVIDCard Products, User Content, and all other information and materials obtained on and/or comprising the Website, including without limitation, warranties of merchantability, fitness for a particular purpose, satisfactory quality, suitability, timeliness, reliability, security, non-infringement, and title. We do not guarantee or make any representation or warranty that the Website, COVIDCard content, COVIDCard Products, User Content, and/or other information or materials obtained on and/or comprising the Website will be safe or secure, accurate, complete, reliable, current, error-free, uninterrupted, timely, or free of viruses or other harmful components, nor that any particular software or hardware will be compatible with the Website. COVIDCard is not responsible for any loss or damage arising directly or indirectly from your use of the Website, or the interception or loss of any data transmitted to or from the Website. We make no representation or warranty that communications through the Website will be secure and not intercepted by a third party. COVIDCard shall have no responsibility or liability whatsoever for failure of or damage to electronic or mechanical equipment or communication, telephone or other connection problems, computer viruses, unauthorized access or interception of data, theft, or errors. If User Content you post is confidential, defamatory, or otherwise violates the rights of third parties, you may be legally responsible for damages, and COVIDCard shall have no responsibility or liability for the same.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING PARAGRAPH OR ANY OTHER DISCLAIMERS OR LIMITATION OF LIABILITY IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COVIDCARD WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, MULTIPLIED, EXEMPLARY, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS; LOSS OF USE; LOSS OF DATA; LOSS OF SECURITY OF YOUR INFORMATION; OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE, OR ANY OTHER MATTER RELATING TO, THE WEBSITE, COVIDCARD CONTENT, COVIDCARD PRODUCTS, USER CONTENT, OR OTHER INFORMATION OR MATERIALS ON AND/OR COMPRISING THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE SAME.
The disclaimers and limitations of liability contained in these Terms are a material part of our agreement. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain types of damages. Solely to the extent that such law applies to you, some of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. However, in all circumstances, our maximum aggregate liability for all damages, losses, and claims, whether in contract, tort (including without limitation negligence), or otherwise shall be USD 100.00. Notwithstanding the foregoing sentence, if applicable law prohibits the limitation or exclusion of a party’s liability with respect to death or personal injury caused by such party’s negligence, fraud, or any other matter, then such party’s liability will not be limited or excluded to the extent of such prohibition under such applicable law.
No statements, whether oral or written, made by any director, officer, member, employee, or agent of COVIDCard may be deemed as a representation or warranty on behalf of COVIDCard in contradiction to this section 12 or any other provisions of these terms.
In agreeing to the limitation of liability contained in these terms, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of the limitations of liability to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to the limitations of liability. Without limiting the generality of the foregoing, you expressly waive California Civil Code § 1542 (and any similar laws in other jurisdictions), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Security.
While we try to maintain the security of the Website, we do not guarantee that the Website will be secure. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third-party alterations to or use of the Website or any other breach of security, please contact us immediately at info@COVIDCard.com.
Force Majeure.
COVIDCard’s performance under these Terms is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, pandemic or other disease, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like. You expressly acknowledge and agree that COVIDCard shall have no responsibility or liability arising from its delay or failure to perform under these Terms arising out of or resulting from such causes beyond COVIDCard’s reasonable control.
COVIDCard’s Intellectual Property Rights.
COVIDCard, and other trademarks, service marks, and names appearing on the Website are registered or unregistered trademarks and service marks of COVIDCard in the United States [and other countries]. COVIDCard exclusively owns all rights, titles, and interests in and to these trademarks, service marks, and names. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own other trademark rights. All rights not expressly granted are reserved. Your use of our trademarks, service marks, and names without our prior written consent is strictly prohibited. Without limiting the generality of the foregoing, you may not use COVIDCard’s trademarks, service marks, or names in any meta-tags or other hidden text.Product, service, and company names, trademarks, service marks, and logos that appear on the Website that are not owned by us are subject to trademark and/or other intellectual property or proprietary rights of other parties.
Except for User Content, all COVIDCard Content, as well as the selection, arrangement, and presentation of all COVIDCard Content (including information in the public domain), and the overall design, “look and feel,” color combinations, and other graphical elements of the Website; and all rights, titles, and interests therein (including without limitation all copyright, trademark, and other intellectual property and proprietary rights therein) are the exclusive property of COVIDCard or its licensors or suppliers.
Links.
The Website may contain links to other websites and online resources that we do not own, operate, or control. We are not responsible for and do not endorse such external sites or their content. If you click on the links, you will leave the Website and be subject to the terms of use and privacy policies, if any, of the linked sites. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. COVIDCard makes no guarantees and disclaims any representations or warranties, express, implied, or otherwise about the accuracy, relevance, timeliness, completeness, or appropriateness of these sites, the information contained in them and/or the products or services they provide. COVIDCard shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with websites, products, or services accessed through links contained on the Website.
Audit Rights and Enforcement.
We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Website to determine your compliance with these Terms. We have the right to enforce these Terms, for any reason and in any manner or by any means that we, in our discretion, deem necessary or appropriate. We may cooperate with any legal process relating to your use of the Website and/or any third party claim that your use of the Website is unlawful or infringes, misappropriates, or otherwise violates any third party’s rights. We may, in our discretion and without additional notice to you, start, stop, or modify any regulation or enforcement measures at any time.
Discontinuance and Modification; Termination.
There is no guarantee that we will continue to offer or provide the Website, and we may simply suspend or discontinue the Website (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Website or to modify the Website. We may, in addition to all other rights and remedies, terminate your access to and use of the Website if you breach any provision of these Terms or if you access or use the Website in a manner that is not expressly authorized by COVIDCard or that may harm COVIDCard. Regardless of the cause or basis for termination, you agree that we shall not be liable for any such termination, and you are not entitled to compensation or damages of any kind as a result of the termination. Accessing the Website after such termination will constitute an act of trespass, among other potential claims.
Your Discontinued Use.
You may discontinue use of the Website at any time. These Terms will continue to apply to all past use of the Website, even if you are no longer using the Website, whether voluntarily or because we terminated your access thereto.
Governing Law and Disputes.
These Terms, and any dispute that may arise between you and COVIDCard regarding the Website or any COVIDCard Content or other information or materials on the Website, will be governed by the laws of the state of Alaska, USA, without regard to conflict-of-laws principles that might result in the application of the laws of any other jurisdiction. You hereby consent to the exclusive jurisdiction and venue of the federal, state, and local courts located in the municipality of Anchorage, Alaska, USA, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and COVIDCard under these Terms will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms. You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against COVIDCard arising out of or relating to these Terms or your use of the Website within one (1) year after such claim or cause of action arose, or forever be barred. It is possible that applicable law may not allow for the limitation or waiver of a statute of limitations for certain matters. Solely to the extent that such law applies to you, the above limitation to when a claim or cause of action against COVIDCard arising out or related to these terms of use must be filed may not apply to you.
To the extent you have in any manner violated or threatened to violate COVIDCard’s intellectual property rights; disclosed or threatened to disclose any COVIDCard confidential or proprietary information; violated or threatened to violate the security of any person, data, COVIDCard servers or networks, and/or the Website; and/or otherwise breached or threatened to breach these Terms, you acknowledge and agree that such violation or breach will cause immediate and irreparable harm to COVIDCard, and COVIDCard shall be entitled to injunctive or other appropriate relief, including without limitation specific performance (without the posting of a bond or other security and without proving damages), and you agree that COVIDCard may seek such relief in any court of competent jurisdiction.
General.
These Terms do not create any partnership, joint venture, employer-employee, broker-dealer, agency, or franchise relationship between you and us. If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of COVIDCard. No waiver of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. COVIDCard may assign its rights and duties under these Terms to any party, at any time, and without notice to you, unless otherwise expressly stated in these Terms or required by law. Unless otherwise expressly stated herein, these Terms (and all policies incorporated into these Terms) constitute the entire agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. COVIDCard reserves all rights not expressly granted in these Terms.
California Consumer Rights Notice.
Under California Civil Code Section 1789.3, Website users who are California residents are entitled to the following consumer rights notice: The provider of this Website and associated services is COVIDCard , with its principal address at 1020 N. Delaware Avenue, STE 200, Philadelphia, PA 19125 USA. As of the Last Updated Date of these Terms, no direct charges are imposed upon Website users for use of the Website. If you are a California resident, you may report complaints with the services provided through this Website to or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the
Complaint Assistance Unit.
Contact Us.
If you have any comments or questions about these Terms or the Website, please contact us at info@COVIDCard.com. We can be reached by mail at 1020 N Delaware Avenue, STE 200, Philadelphia, PA 19125 USA.