This policy is effective as of 1 March 2021
Who We Are and What We Do
We are the COVID-19 Vaccines International Pregnancy Exposure Registry (C-VIPER). We provide information and tools to help you understand your health and your options. We provide the website located at https://C-VIPER.pregistry.com (the "Site") and health information accessible via the Site.
Acceptance of Terms
What We Don’t Do
The C-VIPER does not provide medical advice, diagnosis, treatment, or prescriptions. We’re here to provide information to help you make better-informed health decisions, but we’re not your doctor. Please, seek medical advice and treatment from a professional healthcare provider. If you think you may have a medical emergency, call your doctor or your local emergency number immediately. Nothing on the C-VIPER should be construed as an endorsement of any specific drugs, tests, physicians, products, procedures, opinions, "off-label" drug uses, or other information that may be mentioned on the C-VIPER. Any health information services, suggestions, or other content on the C-VIPER are for informational purposes only. You assume full responsibility for the use of any information obtained through the C-VIPER and agree that we are not responsible or liable for any claim, loss, or damage arising from the use of the C-VIPER by you or anyone else. If you or your doctor rely on any information provided by the C-VIPER, you do so at your own risk.
The C-VIPER reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. the C-VIPER shall post any revision to these Terms and the revision shall be effective immediately upon such posting. We may change or discontinue all or any part of the C-VIPER, at any time and without notice, at our sole discretion.
Age: You must be 18 years of age or older to use the C-VIPER, or to make purchases through the C-VIPER or obtain coupons or codes to purchase goods or services on third party websites. By using the C-VIPER and agreeing to the Terms, you represent and warrant to us that you are at least eighteen years of age. If you send text messages to, or receive text messages from, the C-VIPER, you represent that you are the owner or authorized user of the device you use for texting, and that you are authorized to approve any applicable charges. You may not consent on behalf of someone else. You must be 18 years of age or older and reside in the United States to use our text messaging.
No Commercial Use: The content on the C-VIPER is for your personal, individual use only, and not for commercial or external use. Users may not solicit or promote their products or services on the C-VIPER without the C-VIPER's prior authorization. This restriction applies to the Site and to the C-VIPER's social media channels. To apply to partner with the C-VIPER, email us at C-VIPER@pregistry.com.
What You Provide to Us
Permission for the C-VIPER to Use What you Submit to Us: You agree that the C-VIPER may use your User Content in connection with operating, providing, and improving our services, including the C-VIPER. In particular, you grant the C-VIPER a worldwide, royalty-free, transferable, sub-licensable, non-exclusive, irrevocable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating, providing, and improving our services, including the C-VIPER, and for marketing or commercial purposes.
What You Own: You own your User Submissions (also known as "User Content").
Modifying Your Information: If you want to remove some of your User Content from the C-VIPER, please email us at C-VIPER@pregistry.com. We will consider your request on an individual basis and we may (but are not obligated to) take steps to delete your User Content. Even if we take steps to delete specific User Content at your request, some of your User Content may remain in archived/backup copies for our records or as otherwise required by law. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
What We Provide to You
What We Own:All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such items (collectively, “Content”) contained on the C-VIPER is owned, controlled or licensed by or to the C-VIPER, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Permission for You to Use What We Provide to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to view, copy, display, and print the Content made available on the C-VIPER solely in connection with your permitted use of the C-VIPER and solely for your personal and non-commercial purpose. You may also use information purposely made available by the C-VIPER for downloading from the C-VIPER, provided that you (i) do not remove any proprietary notice language in all copies of such documents, (ii) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (iii) make no modifications to any such information, and (iv) do not make any additional representations or warranties relating to such information. If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Protecting our Rights: Except as expressly provided in these Terms, no part of the C-VIPER, including any Content, may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without the C-VIPER’s express prior written consent. You agree not to infringe the C-VIPER’s copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights. You may not use, display, mirror, or frame the C-VIPER, or any of our trademarks, including the the C-VIPER logo, or other proprietary information, without our prior written consent. You may not access, search, download, or copy the Content through automated means (including spiders, robots, crawlers, data mining tools or the like), other than the software and/or search agents provided by us or by generally available third-party web browsers.
Policies and Community Rules
Indemnity: By using the C-VIPER, you agree to defend, indemnify, and hold harmless the C-VIPER, its officers, directors, Advisory Board members, employees, consultants and agents, from and against any and all losses, liabilities, claims, damages, and costs (including reasonable legal and professional fees) that arise from your access to or use of the C-VIPER or the Content, your User Content, or your breach of these Terms. the C-VIPER reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any action or claim that is covered by this indemnity provision.
Compliance with Intellectual Property Laws
Compliance with Intellectual Property Laws:When accessing the C-VIPER, you agree to obey the law and to respect the intellectual property rights of others. Your use of the C-VIPER is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Copyright Policy:Please refer to our Copyright Policy for information on how we deal with complaints concerning Content that may infringe copyright. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate the User the C-VIPER account of users who infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Prohibited Uses: The C-VIPER imposes certain restrictions on your use of the C-VIPER and its related services (“Prohibited Uses”). You are prohibited from engaging in any criminal or tortious activity in connection with your use of the C-VIPER. You are prohibited from violating or attempting to violate any security features of the C-VIPER, including, without limitation: (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of the C-VIPER or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering with or attempting to interfere with service to any user, host, or network, including without limitation, by means of overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or submitting a virus to the C-VIPER; (iv) using the C-VIPER to send unsolicited e-mail, including without limitation, promotions or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any email to the C-VIPER; and (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the C-VIPER. Any violation of the C-VIPER’s system or network security may subject you to civil and/or criminal liability. the C-VIPER reserves the right to define and add activities to the list of Prohibited Uses, at its sole discretion.
Hyperlinks: The C-VIPER may contain hyperlinks to third-party websites. When you access these third-party websites through the C-VIPER, you do so at your own risk. the C-VIPER in no way investigates, monitors or checks the accuracy or completeness of such third-party websites, and the C-VIPER is not responsible for any objectionable, inaccurate, misleading or unlawful content that may reside on such websites. Third-party websites may, from time to time, publish hyperlinks that redirect users to the C-VIPER. Except as expressly authorized, the link may not be used in connection with or appear on a website that a reasonable person might consider offensive, obscene, defamatory or other malicious, and may not appear or be positioned in such a way as to damage or dilute the goodwill associated with the C-VIPER’s good name and trademarks. Further, the appearance, position and other aspects of the link must not create the false impression that an entity is associated with, sponsored by or endorsed by the C-VIPER.
Liability and Disclaimers Disclaimer of Warranties: The C-VIPER AND THE CONTENT ARE PROVIDED "AS IS" AND ALL WARRANTIES ARE DISCLAIMED. To the fullest extent permissible by law, the C-VIPER disclaims all warranties, express or implied, of any kind, regarding the C-VIPER. The warranties disclaimed include, but are not limited to, fitness for a particular purpose, merchantability, title, non-infringement, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus, as well as any warranties arising out of course-of-dealing, usage, or trade. You agree that the C-VIPER will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental or punitive damages and/or lost profits, in connection with your use of the C-VIPER. the C-VIPER does not guarantee that any products available through the C-VIPER will be effective or meet your requirements. You assume the risk that you may be unable to use the C-VIPER, and that use of the C-VIPER may be interrupted. the C-VIPER makes no representations or warranties about the accuracy, reliability, completeness, or currentness of the information provided on the C-VIPER, including text, graphics, links, or communications provided on or through the use of the C-VIPER. You use the C-VIPER at your own risk.
Enforcement and Termination: The C-VIPER has the right (but not obligation), in its sole discretion, to: pre-screen and approve User Submissions before they appear on the C-VIPER, and monitor use of the C-VIPER and User Content (in each case) to make sure they comply with these Terms and with legal requirements; reject or remove any User Submissions or other Content, including Content that we consider to be objectionable or that violates these Terms; investigate complaints or violations of these Terms or conduct that affects the C-VIPER; and suspend or terminate any user’s access to the C-VIPER for any reason at any time, with or without notice. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to take any other action we think is necessary to protect the safety of the C-VIPER users and the public. Upon any termination, discontinuation, or cancellation of the C-VIPER or your use of the C-VIPER, all provisions of these Terms which by their nature should survive do, including as to content ownership, disclaimers, indemnity, limitations of liability, and governing law and jurisdiction.
Governing Law and Jurisdiction: These Terms, and all disputes arising out of or relating to these Terms or the use of the C-VIPER or the Content, are subject to the laws of the State of California without regard to its conflict of laws provisions. The state and federal courts located in the Southern District of California shall have exclusive jurisdiction over any lawsuits filed arising from these Terms or the use of the C-VIPER or the Content, to the extent the claims in any such lawsuit are not subject to arbitration pursuant to these Terms, as discussed below.
Arbitration: The C-VIPER agrees to binding arbitration should it have any dispute with you. Likewise, you agree to binding arbitration should you have any dispute with the C-VIPER. A dispute includes any and all claims that relate in any way to, without limitation, your use of the C-VIPER, the Content, or the use or attempted use of any products or services available through the C-VIPER or any third party through the C-VIPER. This agreement to arbitrate, and the terms that discuss arbitration, are referred to as the "arbitration" provisions. BY AGREEING TO ARBITRATE, YOU WAIVE THE RIGHT TO HAVE YOUR CLAIMS AGAINST the C-VIPER DECIDED BY A COURT OR JURY. The arbitration provisions set forth the terms and conditions of our agreement to binding arbitration. These provisions are governed by and enforceable under the Federal Arbitration Act (the "FAA") 9 U.S.C. § 1-16, as amended.
Mandatory Pre-Dispute Procedures: You agree that, before initiating any arbitration against the C-VIPER, you will first give the C-VIPER an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us with sufficient detail to allow us to try to address the problem or dispute. You may send the written description by U.S. mail to 1801 Century Park East, 25th Floor, Los Angeles, CA 90067. You agree to negotiate with the C-VIPER in good faith regarding your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within sixty (60) days after the C-VIPER’s receipt of your written dispute, you may proceed to arbitration.
Time Limitations: You and The C-VIPER agree to commence any arbitration proceedings within one (1) year after the dispute arises (including the mandatory pre-arbitration procedure outlined above) and that any proceeding regarding any dispute commenced after one (1) year shall be barred. This provision operates as a statute of limitations with respect to any dispute arising from or in connection with the use of the C-VIPER.
Arbitration Details and Rules: The arbitration will be conducted in the City of Los Angeles. It may be held by telephone or through written submissions if both you and the C-VIPER agree. The arbitrator shall have the discretion to select another venue if the arbitrator finds that the City of Los Angeles will be unreasonably burdensome to You, even taking into account the option of holding the arbitration by telephone or written submissions. The dispute shall be submitted to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the dispute. The arbitrator shall be chosen from JAMS, and the JAMS commercial arbitration rules then in effect shall apply. They can be obtained by calling JAMS. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or the C-VIPER.
The C-VIPER shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.
Arbitration Award: The arbitrator may award any form of individual relief, including injunctions and punitive damages, as long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing in these Terms shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA. As an exception to binding arbitration, you and the C-VIPER both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. The C-VIPER reserves the right to amend this arbitration provision at any time. Your continued use of the C-VIPER is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, the C-VIPER will provide you with notice and an opportunity to opt-out. Your continued use of the C-VIPER without opting out is affirmation of your consent to such material changes. If any portion of these arbitration provisions is deemed unenforceable, the remaining portions of the arbitration provision shall remain in full force and effect.
Opt-Out: YOU HAVE THE RIGHT TO OPT-OUT OF THESE ARBITRATION PROVISIONS WITHIN THIRTY (30) DAYS FROM THE DATE OF FIRST USE OR ATTEMPTED USE OF the C-VIPER BY WRITING TO 1801 Century Park East, 25th Floor, Los Angeles, CA 90067. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING YOUR USE OR ATTEMPTED USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST USED OR ATTEMPTED TO USE THE WEBSITE. UNTIMELY OPT-OUTS WILL NOT BE VALID.
No Class Actions: To the fullest extent allowed by law, you agree not to act as a representative for any class of individuals or participate as a member in any class or collective action filed in connection with any claims that are asserted against the C-VIPER. If this class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then the entire arbitration provision shall be rendered null and void and shall not apply.
Miscellaneous Terms: These Terms are the entire and exclusive understanding and agreement between the C-VIPER and you regarding the C-VIPER and the Content. Other than as specifically indicated, if a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions will remain in full force and effect.You may not assign these Terms without our prior written consent, and any attempt to do so will be null. We may assign these Terms without restriction.
Any notices or other communications provided by us under these Terms, including those regarding changes to these Terms, will be given: (i) by email; or (ii) by posting to the C-VIPER. Notices given by email will be deemed to be received on the date they are sent. We don’t waive any right under these Terms unless we do so in writing and our duly authorized representative signs the waiver. The exercise of any remedy under these Terms doesn’t affect other remedies under these Terms or otherwise.