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Last Update Date: 1 October 2021

MyID TERMS AND CONDITIONS

1. Introduction

Welcome to MyID! MyID is a mobile application that connects healthcare consumers to personal and family health data. By using any of the MyID websites, services, and mobile apps that link to these terms, you agree to these Terms and Conditions (the “Terms”). Any new features included in the Services in the future will also be subject to these Terms.

You also agree to our Cookie Policy, and MyID Community Rules, each of which are incorporated herein by reference. Please read these documents and our Privacy Statement (which describes how we collect, process, use, and share your data) carefully because they contain important information about your rights and responsibilities when you use the Services. You are entering into these Terms with MyID, LLC.

Additional terms may apply which will be disclosed to you when you sign up for a new Service or take advantage of a new promotion or special offer, which terms become part of your agreement with us if you use those Services, promotions, or offers. If any additional terms conflict with these Terms, those additional terms will prevail. This policy outlines how we use and protect your data. Please contact us at info@getmyid.com if you have any questions. Thank you for using MyID.

If you have concerns that User Provided Content posted by other Users may infringe your rights, contain illegal material, or violate these Terms, please contact us at info@getmyid.com. We are also sensitive to the copyright and other intellectual property rights of others. For complaints regarding copyright infringement or illegal content, including any Digital Millennium Copyright Act takedown requests, click here.

2. Services

The following terms and conditions constitute an agreement between you and MyID (the “Site”) and related websites, applications, services, and mobile applications provided by MyID and on/in which these Terms of Use is posted or referenced (collectively, the “Services”). These terms of use (the “Terms of Use”), together with our Privacy Policy (both of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the services, both as a non-registered user and a registered user.

BY USING OR OTHERWISE ACCESSING THE SERVICES, AND/OR BY REGISTERING WITH US, YOU AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING THE INFORMATION PRACTICES DISCLOSED IN OUR PRIVACY POLICY, AND TO RESOLVE ANY DISPUTE THAT YOU MAY HAVE WITH US OR THE SERVICES IN THE STATE OF UTAH. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. YOU MUST BE 13 YEARS OR OLDER TO USE THE SERVICES. YOU MAY NOT USE MYID TO LOOK UP IMMUNIZATION RECORDS OF OTHERS IN ANY MANNER THAT DOES NOT COMPLY WITH STATE LAWS.

WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK, PRICE OR COST INFORMATION, INSURANCE COVERAGE OR BENEFIT INFORMATION, OR OTHER CONTENT THROUGH THE SERVICES. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY SUCH CONTENT. FURTHER, WE DO NOT IN ANY WAY ENDORSE OR RECOMMEND ANY INDIVIDUAL LISTED OR ACCESSIBLE THROUGH THE SERVICES.

MYID IS NOT A MEDICAL DEVICE. FURTHERMORE, THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM MYID, IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, AND/OR TREATMENT. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. NO LICENSED MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP IS CREATED BY USING THE SERVICES.

We offer the Services “AS IS” and without warranties. If you are registering an Account or using the Services on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.

Eligibility to Use the Services. Unregistered users, free registered users, and paid subscribers, and people who purchase and/or activate MyID Plus Service are all “Users” under these Terms. You may need to create an account to use the Services. You must provide accurate, complete, and current information when you register. The Services are intended for residents in the countries where they are being offered.

If you are under the age of 13, you may use the Services with your parent's or guardian's permission. We do not knowingly seek or collect any Personal Information directly from children under the age of 13. If MyID becomes aware that we have unknowingly collected any personal data directly from a child under the age of 13 without parent’s permission, we will take commercially reasonable efforts to delete such data from our system.

Use of the Services:

In exchange for your access to the Services, you agree that you will:
-Comply with the MyID’s Cookie Policy and Community Rules;
-Comply with all applicable laws;
-Be responsible for all usage and activity on the Services made via your account or with your log in information;
-Contact us at info@getmyid.com if you suspect your account has been used without your authorization or you believe your username and password have been stolen;
-Not resell the Services or resell, reproduce, or publish any content or information found on the Services, except as explicitly described in these Terms;
-Not circumvent, disable, or otherwise interfere with security-related features of the Services; and,
-Not circumvent, disable, or otherwise interfere with features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein, including by using any self-developed or third-party developed bots, crawlers, spiders, data miners, scraping, or other automatic access tools.

3. Definitions

“Application” refers to the MyID mobile app.

“Content” refers to all content, text, data, graphics, images, photographs, video, audio, information, suggestions, guidance, and other materials provided, made available, or otherwise found through the Services and/or the Site, including without limitation Content provided in direct response to your questions or postings.

“Data” refers to all data, materials, or information provided by you or anybody in connection with your use of the Services, including, without limitation, demographic, financial, and/or medical data and information.

“Guest” refers to any User who uses MyID without registering for an Account.

“Invoice” refers to any statement or balance sent to a User of MyID.

“Password” refers to the unique password assigned to each User for access to the Services.

“Patient User” refers to an individual that has registered to use the Services and has created an Account. Patient Users shall assume all rights and obligations hereunder on behalf of any family user or dependent using the Services.

“Payment” refers to any payment made by, or on behalf of, a Patient User or Provider User made through or in connection with the Site or the Services.

“Provider User” refers to any healthcare provider that has registered to use the Services and has created an Account.

“User” refers to any Patient User or Provider User.

4. Content

MyID Content: The Services contain bracelet, web app, personal health information profile, records database, community, and other content provided by MyID (“MyID Content.”). All MyID Content is owned by or licensed to us and may be used only in accordance with these Terms, including MyID Content that may be in the public domain (“Public Domain Content”). You agree:
To use the MyID Content only as necessary for your personal use of the Services;
To keep all copyright and other proprietary notices on any MyID Content you download or print;
Not to distribute, republish, or sell significant portions of any MyID Content; and,

Your Content
: MyID facilitates your providing a variety of content into the Services, including Personal and Personal Health Information (defined in the Privacy Statement), content such as personal data and community discussions, or about records and responses to surveys and questionnaires (“User Provided Content”).

Personal Information
: For more information on the types of Personal Information you may provide us and your respective rights, see our Privacy Statement.

User Provided Content
: With respect to User Provided Content, you agree that:
-You are solely responsible for your User Provided Content;
-You have all the necessary legal rights to upload or post your User Provided Content;
-Any User Provided Content that is stored with MyID will comply with The Health Insurance Portability and Accountability Act of 1996 (HIPAA)
-You will provide MyID, upon our request, with any documentation necessary to evidence your compliance with these Terms; and
-Any User Provided Content that you have shared publicly (e.g. by including such User Provided Content in MyID Public Profile, or in a public posting on one of our Community Services) may be used by other users as part of, or in conjunction with, the Services. We will not be required to remove any User Provided Content that you have made public or has otherwise been shared from the MyID or public profiles of other users.

MyID has no responsibility or liability related to User Provided Content. We do not routinely monitor User Provided Content for violations of these Terms, including the MyID Community Rules, but we reserve the right to do so (including using automated monitoring tools). We reserve the right, but do not have the obligation, to remove or disable access to any User Provided Content that we believe violates these Terms, including the MyID Community Rules. Serious or repeat violations or offenses will subject the responsible User to account termination, at MyID’s sole discretion.

Ownership of Your Content
: You own your Personal Information and User Provided Content. You can delete your Personal Information from MyID by logging into your Account Settings (for additional information, see the Privacy Statement). So long as your content remains on our system, we need certain rights from you for your and others’ use of the Services. By using the Services, you grant us the right to collect, host, transfer, process, analyze, communicate and store your Personal Information (including your Personal Health Information, defined in these Terms and in the Privacy Statement in order to (a) provide the Services to you and other Users, (b) for the purposes described in these Terms and our Privacy Statement, (c) to help our Users gather and store Personal Health Information, and (d) for any other purpose to which you expressly agree, such as sharing with others in an emergency when the User is unable to communicate their Personal Health Information.

Copyright and Trademark
: Each of the Services is protected by copyright as a collective work or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The trademarks, service marks, and logos contained in the Services are owned by or licensed to us. We and our licensors retain title, ownership, and all other rights and interests in and to all MyID Content in the Services.

5. Registration

Patient Users: In order to access certain features of the Site and Services, you must register to create an Account and become a “Patient User.” During the registration process, you will be required to provide certain information and you will establish a username or e-mail and a Password. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. MyID reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your Password. You agree not to disclose your Password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities, payments, or actions. You will immediately notify MyID of any unauthorized use of your Account. You allow MyID access to any data required to perform the Services. You must be at least 13 years old to use MyID. It is a violation of this agreement if you falsely represent your identity using MyID to look-up health records (e.g. immunization records) or exchange health information with any healthcare provider.

Provider Users: As part of the registration process, you will complete an application and identify an administrative username or e-mail and a Password for your Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. MyID reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your Password. You agree not to disclose your Password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities, payments, or actions. You will immediately notify MyID of any unauthorized use of your Account. You allow MyID access to any data required to perform the Services.

6. Personal Information

In addition to providing information during the registration process, you may opt to voluntarily share additional information in order to benefit from all the Services we provide. MyID’s Privacy Policy details how we may use, share, and maintain your information, which may include without limitation your name, address, social security number, contact information, insurance information, medical history, current medical needs, and other information that is either requested by MyID or voluntarily provided. By submitting such information, you authorize MyID, its employees, agents, and others operating on its behalf to use and/or disclose such information in accordance with MyID’s Privacy Policy. Furthermore, by submitting such information on behalf of yourself or a third party for whom you have authorization to provide such information, on your request you authorize us to provide such information to specific healthcare Providers. You acknowledge and agree that such information will be reviewed and approved by you, someone, and/or a group of individuals authorized by you at the time of your appointment to ensure its accuracy. You also acknowledge that MyID may use your data or information you provide in accordance with our Privacy Policy.

7. Secondary Reminder Utility

MyID is intended, in part, as a helpful backup reminder system to promote medication compliance. You should not and must not rely on MyID as your primary tool for determining whether and/or when to take medication. The maintenance of your mobile and computing devices is Your responsibility. You acknowledge that MyID, and the utility of any alerts or notifications, depends on information that You input directly into the Application. You are solely responsible for ensuring that correct medications are taken at the proper times and in the proper dosages. Persons using the Application assume full responsibility for the use of the Application and agree that MyID is not responsible or liable for any claim, loss, or damage arising from the use of the Application

8. Grant of License

Subject to these Terms, MyID hereby grants you a non-sublicensable, non-transferable, non-exclusive right and license to access and use the Services and Content only for lawful purposes. All rights, title, and interest in and to the Services and its components will remain with and belong exclusively to MyID. You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share, or otherwise exploit or make the Services available to any third party; (b) use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services or its components, or (c) modify, adapt, or hack the Services to, or otherwise attempt to gain unauthorized access to the Services. You shall comply with any codes of conduct, policies, or other notices MyID publishes in connection with the Services. Any software that may be made available by MyID in connection with the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in any software.

9. Ownership

You acknowledge and agree that MyID retains all rights, titles, and interests in and to (i) the Site, Services, and all other software, materials, formats, interfaces, information, and proprietary information and technology used by MyID or provided to you in connection with the Services, (ii) all modifications and/or enhancements to the Site or Services, (iii) the Content, (iv) all suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or learned as a result of your use of the Services, (v) all transactional and performance data related to the use of the Site and the Services which MyID may collect, use, and disclose for its business purposes (including for purposes of software use, optimization, and product marketing) provided that such use does not reveal your identity, any of your Data, or any other personally identifiable information that belongs to you, and (vi) the MyID logo, and the product and service names associated with the Services or otherwise contained on the Site, all of which are trademarks of MyID (all of the foregoing being referred to herein collectively as the “MyID Technology”). You acknowledge and agree that the MyID Technology is comprised of intellectual property rights owned by or licensed to MyID all of which are protected by intellectual property laws. Other than as expressly set forth in this Agreement, no license or other rights in the MyID Technology are granted to you, and all such rights are hereby expressly reserved by MyID.

10. Rights Your Grant to MyID

By submitting your Data to MyID through the Site and Services, you authorize MyID to use your Data exclusively for the purpose of providing the Services. MyID may use and store your Data, but only to the extent necessary to provide to Services. By submitting your Data to MyID, you represent that you are entitled to submit such Data to MyID for this purpose, without any obligation by MyID to pay any fees or other limitations.

You agree to cooperate with and provide reasonable assistance to MyID in promoting and advertising the Services. By posting Your Data on or through the Services, you hereby do and shall grant MyID a worldwide, non-exclusive, royalty-free, fully paid sublicensable (through multiple tiers), and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Data in connection with the Services. MyID reserves the right to use Your name and/or the name of Your healthcare practice as a reference for marketing or promotional purposes on the Site and in other communication with existing or potential Users.

11. Restrictions of Use

You are responsible for all activities that occur under Your Account. You will not, and will not attempt to (directly or indirectly): (a) reverse engineer, disassemble, or decompile any component of the Site or Services or otherwise attempt to discover any source code, underlying ideas or algorithms contained in the Site or Services; (b) interfere in any manner with the operation of the Site or the Services; (c) allow a third party to access the Site or Services; (d) rent, lease, distribute, sell, resell, assign or otherwise transfer to a third party any of Your rights under these Terms; (e) use the Site or Services for the benefit of a third party, for timesharing or to operate a service bureau; (f) copy, modify, translate, or make derivative works based on any part of the Site or Services; (g) remove, cover, alter, or obfuscate any logos, trademarks, internet links, confidentiality or proprietary rights notices, or any other notices or markings placed on or displayed by the Site or the Services; (h) publish or disclose to third parties the results of any evaluation or benchmark test run on the Site or Service without MyID’s prior written consent; or (i) otherwise use the Site or Services in any manner that exceeds the scope of use permitted under these Terms.

You may not use Site or Services for spamming, chain letters, junk mail, or distribution lists to contact any person who has not given specific permission to be included in such list. You agree not to transmit, or permit Users to transmit, through the Site or Services, any unlawful, harassing, libelous, abusive, threatening, vulgar, obscene, or otherwise objectionable material of any kind.

You will not use Your access to the Services to: (a) access or copy any data or information of other Users without their written consent; (b) harvest, collect, gather, or assemble information or Data regarding other Users without their written consent; (c) knowingly interfere with or disrupt the integrity or performance of the Services or the Data contained therein; or (d) harass or interfere with another User’s use and enjoyment of the Services. You will, at all times, comply with all applicable local, state, federal, and foreign laws in Your use of the Services.

You are responsible for maintaining the confidentiality and security of Your Account and Password, and You are fully responsible for all activities that occur under Your Password or Account, and for any other actions taken in connection with the Account or Password. You agree to (a) immediately notify MyID of any known or suspected unauthorized use(s) of Your Account or Password, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of Your Password or credit card information; and (b) ensure that You exit from Your Account at the end of each session. MyID will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to comply with (a) and (b) or for any acts or omissions by You or someone else using Your Account and/or Password.

You are solely responsible for Your Data, and You will not provide, post, or transmit any Data or any other information, data, or material that: (a) infringes or violates any intellectual property rights, publicity/privacy rights, laws, or regulations; or (b) contains any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, Data, or personal information. MyID may take remedial action if Your Data violates these Terms; however, MyID is under no obligation to review Your Data for accuracy or potential liability.

12. Warranty

While we hope you enjoy using our Services, there are things we don’t promise about our Services.

Except as expressly set out in these Terms, we provide the Services and the MyID  Content to you on an “AS-IS” basis. To the maximum extent permitted by law, we disclaim all warranties express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We do not make any promises (a) about the MyID Content, (b) about User Provided Content, (c) about the specific functionality of the Services, (d) about the quality, accuracy, reliability, or availability of the MyID Content or Services, or (e) that the Services will be free from viruses or other harmful components.

We are constantly changing and improving our Services, so we may add or remove functionality or features from the Services and we may suspend or stop a Service at any time.

13. Fees

No fees will be charged for joining MyID. Some of the Services provided by MyID is restricted to paying Provider Users. In these cases, we reserve the right to terminate Services if You fail to pay Your fees for services rendered by MyID in a timely manner. All fees are to be disclosed to Provider Users when their Account is created. We reserve the right to change MyID’s prices or fees. If MyID changes its fees, MyID will provide notice of the change on the Site or in an e-mail notification. Your continued use of the Services after the fees change becomes effective constitutes Your agreement to the changed fees amount. Amounts paid to or deducted by MyID are non-refundable.

14. Termination and Account Cancellation

MyID reserves the right to modify, suspend, or discontinue at any time, with or without notice, the Site, or the Services (or any part thereof), including but not limited to the Site’s features, look, and feel, and functional elements and related Services.

If You breach any of these Terms, MyID will have the right to suspend or disable Your Account or terminate these Terms at its sole discretion and without prior notice to You.

MyID further reserves the right to revoke Your access to and use the Site, Services, and Content at any time, with or without cause. You may cancel Your Account at any time.

UPON ANY TERMINATION OR CANCELLATION OF YOUR ACCOUNT, ANY INFORMATION THAT YOU ACCESS VIA THE SITE OR THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SITE OR THE SERVICES.

15. Indemnity

You agree that you will indemnify and hold MyID, and its affiliates and subsidiaries their respective officers, directors, employees, agents, successors, and assigns (the “MyID Parties”) harmless from any claims, damages, or other expenses (including attorney’s fees) that result from your use of the Services and (a) your violation of these Terms or other documents incorporated herein by reference; (b) your violation of another person’s rights; or (c) any claim related to your User Provided Content, including a claim that your User Provided Content caused damage to another person. This indemnification obligation will continue after you stop using the Services. In addition, you release the MyID Parties from all claims, demands, actions, or suits in connection with your User Provided Content, including any liability related to our use or non-use of your User Provided Content, claims for defamation, invasion of privacy, right of publicity, emotional distress, or economic loss.

You shall indemnify, defend, and hold MyID, its officers, directors, users, employees, and agents harmless from all claims, losses, demands, liabilities, judgments, damages, and costs (including reasonable attorneys’ fees) arising from or relating to: (a) use of the Site or Services (including claims by any of Your employees or business partners) by You or any third party using a Password assigned to You; (b) a breach by You or any of Your obligations, representations, warranties, or covenants contained in these Terms; or (c) any claim alleging that Your Data, or the use of Your Data pursuant to these Terms, infringes, misappropriates, or violates the intellectual property of any other rights of a third party or otherwise causes harm to a third party.

16. General Limitation of Liability

We limit our liability to the fullest extent allowed by law. We will not be liable for any unintentional damage, any actual, incidental, or consequential damage, or for any loss or claim of any kind. Some jurisdictions do not allow us to have a broad limit on our liability. If you live in one of those jurisdictions, some of these limitations may not apply to you. If you are dissatisfied with any portion of the Services or with any statement in these Terms, your sole remedy is to stop using the Services and, if you are using any of our subscription Services, cancel your subscription as described here. Our total liability in any matter related to the Services or these Terms is limited to the aggregate amount you paid us during the 12-month period preceding the event giving rise to the liability.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES, AND CONTENT REMAINS WITH YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (a) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO REGISTER FOR THE SITE OR THE SERVICES, OR (b) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR MEDICAL MALPRACTICE OR NEGLIGENCE OF HEALTHCARE PROVIDERS UTILIZED THROUGH USE OF THE SERVICE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED IN ACCORDANCE HEREIN TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

17. Consideration

You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Services and receipt or use of Data and Content through the Site.

18. Controlling Law

If you access the Services on our websites in the United States or Outside the United States, the laws of the State of Utah and as applicable, those of the United States of America, govern these Terms and the use of the Services. All claims not subject to arbitration and brought in the United States will be subject to the jurisdiction of the courts of the State of Utah.

19. Dispute Resolution, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

We work hard to keep our customers satisfied. If a dispute arises between you and MyID, our goal is to provide a cost-effective means of quickly resolving the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us at info@getmyid.com.

20. For U.S. Customers:

You and MyID agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

If any dispute between us is not resolved within 30 days after contacting us, then you and MyID agree that we will resolve it through final and binding arbitration, with the following three exceptions:

1.You may assert your dispute, if it qualifies, in small claims court.

2. Both you and MyID may bring a suit in court in the state of Utah only for a claim of infringement or other misuse of intellectual property rights. In this case, we both waive any right to a jury trial.

3.If it qualifies, you may bring a claim to the attention of a relevant federal, state, or local agency that may seek relief against us on your behalf.

If you have a subscription and you terminate for our breach after providing us with a 30-day cure period during which we are unable to cure, we will refund any pre-paid fees on a pro-rated basis to you.

Arbitration Rules
: Arbitration will be conducted by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Statement, including but not limited to any claim that all or any part of these Terms or Privacy Statement is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. To start an arbitration, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to MyID at MyID Legal Department, 153 Townsend Street, Suite 800, San Francisco, CA 94107. Arbitration may take place in the county where you reside at the time of filing. You and MyID further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Fees: You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, MyID will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

No Class Actions: You and MyID each agree that each party may only resolve disputes with the other on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Changes to This Section: MyID will provide thirty (30) days’ notice of any changes affecting the substance of this section by posting notice of modifications to the Terms on the Services, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection shall be severed from the section entitled “Dispute, Resolution, Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival: This Dispute Resolution, Arbitration and Class Action Waiver section shall survive any termination of your account or the Services.

21. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without MyID’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. MyID may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and insure to the benefit of the parties, their successors, and permitted assigns.

22. Enforceability

If any portion of these Terms is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms shall continue to be enforceable and valid according to the terms contained herein.

23. Entire Agreement

These Terms, which hereby incorporate by reference the terms of MyID’s Privacy Policy, constitute the entire agreement between You and MyID, superseding all prior agreements regarding the Site and the Services.

24. No Waiver

The failure of MyID to exercise or enforce any right or provision of these Terms shall not constitute a waiver of said right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of MyID. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

25. General

You agree that MyID is providing the Services as an independent contractor, and nothing herein shall be deemed to constitute a partnership, joint venture, or other business collaboration with You. The section titles in these Terms are for Your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.

26. Contacting MyID

If You have any questions about these Terms, please contact us at info@getmyid.com

27. Google Maps

As part of the Service, MyID makes available a feature that utilizes Google Maps. If You choose to access and use Google Maps as part of the Service, You understand and agree that Your use of Google Maps will be subject to Google’s Privacy Policy, as amended from time to time by Google, accessible at http://www.google.com/intl/en/privacy and incorporated by reference into these Terms.

28. Shopify Connected Account Agreement

Payment processing services are provided by Stripe and are subject to the Shopify Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Shopify Services Agreement”). By agreeing to this agreement or continuing to operate as a customer of MyID, you agree to be bound by the Shopify Services Agreement, as the same may be modified by Shopify from time to time. As a condition of MyID enabling payment processing services through Shopify, you agree to provide MyID with accurate and complete information about you and your business, and you authorize MyID to share it and transaction information related to your use of the payment processing services provided by S.

29. Miscellaneous

MyID, LLC: You are entering into these Terms with MyID, LLC. All references to “MyID”, “us”, “we”, or “our” in these terms refer to the MyID, LLC. We reserve the right to change MyID, LLC as a party to these Terms at any time as a result of a corporate reorganization or otherwise.

Modifications to these Terms: We have the right to modify these Terms or any additional terms that apply to a Service at any time, including to reflect changes to the law or changes to our Services. We will notify you of any material changes by posting information through the Services or via email. Such material changes will not apply retroactively and will become effective thirty days after they are posted, except those changes addressing new functions in the Services or changes made for legal reasons will be effective immediately. Except as explicitly provided herein, your continued use of the Services after a change to the Terms will mean you accept the changes. If any changes are unacceptable to you, you may stop using the Services and, if applicable, cancel your subscription as described here.

Entire Agreement: These Terms, including all rules, guidelines, and other documents incorporated herein by reference, state the entire agreement between you and MyID regarding your use of the Services and supersede any prior agreements we may have relating to the Services.

Notification of Changes to the Services: MyID may contact you within the Services, via email or physical mail to inform you of changes to the Services or these Terms. You agree that contact in any of these ways will satisfy any legal communication requirements, including that communication be in writing.

Feedback: If you submit feedback or suggestions about MyID or our Services, we may use your feedback or suggestions for any purpose without any obligation to you.

Assignment: We reserve the right to assign or transfer our rights and obligations under this Agreement. These terms are personal to you and, as a result, you may not, without the written consent of MyID, assign or transfer any of your rights and obligations under this Agreement. There shall be no third-party beneficiaries to this Agreement.

If MyID is Acquired: If MyID or its businesses are acquired or transferred to another entity (in whole or part and including in connection with bankruptcy or similar proceedings), MyID has the right to share your Personal Information, User Provided Content with that entity. These Terms will continue to apply to the Services until you receive notification of changes to the Terms or Services.

Severability: Except as explicitly provided herein, the unenforceability of any section or clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable section or clause with a similar one that is enforceable.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our rights under that provision.

Fair Credit Reporting Act: MyID is not a consumer reporting agency as defined in the Fair Credit Reporting Act (“FCRA”), and the information that you can access on the Services has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the FCRA. YOU SHALL NOT USE THE SERVICES AS A FACTOR IN (1) ESTABLISHING AN INDIVIDUAL'S ELIGIBILITY FOR PERSONAL CREDIT OR INSURANCE OR ASSESSING RISKS ASSOCIATED WITH EXISTING CONSUMER CREDIT OBLIGATIONS, (2) EVALUATING AN INDIVIDUAL FOR EMPLOYMENT, PROMOTION, REASSIGNMENT OR RETENTION (INCLUDING BUT NOT LIMITED TO EMPLOYMENT OF HOUSEHOLD WORKERS SUCH AS BABYSITTERS, CLEANING PERSONNEL, NANNIES, CONTRACTORS, AND OTHER INDIVIDUALS), OR (3) ANY OTHER PERSONAL BUSINESS TRANSACTION WITH ANOTHER INDIVIDUAL (INCLUDING, BUT NOT LIMITED TO, LEASING AN APARTMENT).