myWIC MOSAIC Terms of Service

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Last updated: August 22, 2024

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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS APP AND/OR WEBSITE.

 

Welcome to myWIC MOSAIC!

 

The following are the terms and conditions of your use of the myWIC MOSAIC (“myWIC,”) mobile application or website (the “Platform” or “myWIC app”) and other products and services available on the myWIC Platform (collectively with the Platform, the “Services”) (the “Terms of Service”). The myWIC app is operated by Vexcel Corporation, a Microsoft company (“Vexcel” “we” or “us”), on behalf of the WIC Agencies (the State and Tribal Nation Agencies that utilize the myWIC app to administer the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)). These Terms of Service form a legal agreement between you and Vexcel. BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT USE THE SERVICES. These Terms of Service are in addition to terms between you and the WIC Agency that administers your WIC benefits.  While we will help facilitate your registration to use the myWIC app, we are not a party to your relationship with the WIC Agencies, States and/or Tribal Nations that administers your WIC benefits, and we have no responsibility with respect to the provision of benefits to you.  Any information collected from you through this Portal will be shared with the WIC Agencies, and will be governed by and subject to the privacy policies of those WIC Agencies, as well as the laws, rules and regulations of the State and/or Tribal Nation that administers your WIC benefits. 

Please be aware that these Terms of Service include, among other things, a binding arbitration provision that requires you to submit to binding and final arbitration on an individual basis to resolve disputes, rather than jury trials or class actions (see Arbitration and Class Action/Jury Trial Waiver, below) and a provision that limits our liability to you (see Liability of Vexcel, below).

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate the date these terms were last revised. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not wish to accept the new Terms of Service, you may discontinue your use of the Service.

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The Information you provide.   

 

Vexcel is acting in the capacity of a data processor with respect to the information collected from you through the myWIC app.  All information collected will be provided to the WIC Agencies, who act in the capacity of data controllers, and who will control the use of such information in accordance with their respective privacy policies.  Information that you provide to us when registering, including, without limitation, personally identifiable information and your location, will be shared with the WIC Agencies.  By using myWIC app, you consent to our collection of the information you provide, and our maintaining this information for, and providing this information to, the WIC Agencies for their use.  When you use or access Services, we may collect certain additional information about you, including personally identifiable information and your location. We take your privacy and the security of information we collect very seriously. Please read our Privacy Policy located at https://www.vexcel.com/mywic-mosaic-privacy-policy (English version) or https://www.vexcel.com/mywic-mosaic-privacy-policy-es (Spanish translation) (“Privacy Policy”) carefully for details relating to our collection, use, and disclosure of your information. To the extent that there is an inconsistency between these Terms of Service and the myWIC Privacy Policy, these Terms of Service will take precedence. Please note that the privacy policies of the WIC Agency or Agencies that will administer your WIC benefits shall govern the way your information may be used or shared by them.  Contact your WIC Agency for more information.  Helpful links may be found HERE.

To the extent that there is an inconsistency between these Terms of Service and any WIC Agency Privacy Policy or rules, with respect to Vexcel’s collection or handling of your information, these Terms of Service will take precedence with respect to the rights, responsibility and liability of Vexcel only.

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Important notice about Governmental Body use of data collected:

 

All information which is collected and maintained by or on behalf of a governmental body (in this case, a WIC Agency) may be considered under the laws of such governmental body to be public information that is available to members of the public who request it, subject to the Health Insurance Portability and Accountability Act of 1996 (HIPPA) which protects personal health information (PHI).  For more information on how a governmental authority may use or disclose Vendor Information collected through the Vendor Portal, please contact the applicable WIC Agency in which you are registering to be a Vendor.

 

Access and Use of the Service

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Your Registration Obligations:

You are required to register with the myWIC app in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form. Registration data and certain other information about you are governed by our Privacy Policy and the policies of the WIC Agencies administering your benefits. You further agree to maintain and update your personal information as needed to keep your Account true, accurate, current, and complete. If you are under the age of majority in your jurisdiction (typically 18 or 19 years of age), you may use the Services, with or without registering, only with the approval of your parent or guardian. You may use the Services only if you can form a binding contract with Vexcel and the WIC Agency that will provide your benefits, and only in compliance with these Terms of Service, the applicable WIC Agency terms and conditions, including those concerning your eligibility for, and receipt of, WIC benefits, and all applicable local, state, national, and international laws, rules, and regulations.  As noted above, the personal information you submit through the myWIC app is governed by Vexcel’s Privacy Policy and the applicable WIC Agency Privacy Policy.

Registered User Account, Password, and Security:

You are responsible for maintaining the confidentiality of your account (“Account”) and password, if any, and are fully responsible for restricting access to devices you use to access Services and for any and all activities that occur under your Account or using your password. We encourage you to use “strong” passwords (that use a combination of upper- and lower-case letters, numbers, and special characters) with your Account. Vexcel will not be liable for any loss or damage arising from your failure to comply with this instruction. You agree to: (a) immediately notify us of any unauthorized use or suspected use of your password or Account or any other breach of security; and (b) ensure that you sign out from your Account at the end of each session when accessing the Services. Vexcel will not be liable for any loss or damage arising from your failure to comply with this Section. You may be liable for losses incurred by you, Vexcel, the WIC Agency/Agencies or others due to any unauthorized use of your Account.

As a condition of creating an Account and using the Services you will need to upload a valid government-issued identification through the myWIC app, as well as certain other documents. We or the applicable State Agency may also need to verify your email address or phone number. You authorize Vexcel and the applicable WIC Agency to make any inquiries, directly or through any third-party service providers, deemed necessary to validate your identity. These inquiries may include, but are not limited to, asking you for further information, and/or requiring you to take steps to confirm ownership of your email address, or verifying information you provide against third party databases or through other sources. If you do not provide the required information, or if we are unable to verify your identity, we may refuse to allow you to create an Account or to access or use the Services.

Your Consent to Electronic Signatures and Communications:

By creating an Account, you explicitly consent (to the fullest extent permitted by applicable law) to receive all notices and information via emails, push notifications, text messages, and other similar means. For the avoidance of doubt, this consent applies to all communications that we may otherwise be required to send or provide to you in paper form or by mail. We nevertheless reserve the right to communicate with you in paper form or by mail.

You may opt out of receiving certain types of notices (such as notifications regarding appointments and benefits, and marketing or promotional notices if and when they are included in the Services) by following the opt-out or unsubscribe instructions included with those notices or, in the event you cannot locate those instructions, please contact your local WIC Office.

General Practices Regarding Use:

Subject to these Terms of Service, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, non-commercial use. We reserve the right to restrict who is eligible for an account on the Platform and to use the Services. You acknowledge that we may establish general practices and limits concerning use of the Services. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion. General use and access to the myWIC application Service is currently provided to you free of charge.

Mobile Service: 

In addition to your wireless service carrier’s standard charges and other fees, message and data rates may apply to your use of the Services. In addition, downloading, installing, or using the Services may be prohibited or restricted by your carrier, and the Services may not work with all carriers or devices. You agree that we may communicate with you regarding the myWIC app and your participation in the Women, Infants and Children (“WIC”) program by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage of the Services may be communicated to us. Message types may include but are not limited to notifications regarding your participation in the WIC program; notifications regarding your local clinic; appointment reminders and alerts; food plan changes; instructions to complete certification and/or registration processes using the online portal; and verifications of your phone number. Message frequency may vary. We will comply with any additional requirements that may apply under local laws and regulations before communicating with you in this manner.

You can cancel the SMS, MMS, or text message service at any time by texting "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS, MMS, or text messages from us. If you want to join again, just text the word “START” to the short code, and we will start sending SMS, MMS, and text messages to you again. If you experience issues with the SMS, MMS, or text message service, you can text “HELP” to the short code for more assistance, or you can get help directly by contacting your local WIC Office. If you have any questions about your mobile device, text plan or data plan, please contact your carrier.

In the event that you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. Neither Vexcel nor your mobile service carrier is liable for delayed or undelivered messages.

If you have any questions regarding Vexcel’s use or sharing of your information, please read our Privacy Policy located at https://www.vexcel.com/mywic-mosaic-privacy-policy (English version) or https://www.vexcel.com/mywic-mosaic-privacy-policy-es (Spanish translation).  As noted above, Vexcel is collecting this information for the purpose of sharing it with the WIC Agency that will administer your benefits.  Please contact your WIC Agency for more information about how it will use, disclose or share your information.  Helpful links may be found HERE.

 

User Code of Conduct

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You agree to comply with the below restrictions and obligations with respect to your use of the Services.

• You must only use the Services for your own personal, non-commercial use and not on behalf of or for the benefit of any third party. Any other use is strictly prohibited.

• You must comply with all applicable laws in all of your activities related to your use of the Services, for all communications you send through the Services, and in any other way applicable to your access, use, or interaction with the Services and Vexcel. Without in any way limiting your obligations pursuant to the previous sentence, you may not use the Services to engage in illegal action.

• You must maintain the security and confidentiality of your Account and any and all devices through which you access your Account.

• You agree not to (and not to allow any third party to): (a) take any action that imposes or may impose (in our sole determination) an unreasonable or a disproportionately large load on the Services or our infrastructure; (b) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (c) use the Services in any way that is illegal, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable, as we may determine in our sole discretion; (d) attempt, in any manner, to obtain the username, password, Account, or other security information from any other user of the Services; (e) violate the security of any computer network or crack any passwords or security encryption codes; or (f) post or transmit any file or email which contains viruses, worms, Trojan horses, or any other damaging or destructive elements.

We may, but are not obligated to, monitor your use of the Services in order to ensure compliance with these Terms of Service. In the event that we determine, in our sole discretion, that you have violated this User Code of Conduct, we may, in addition to any other rights we may have, immediately and without notice to you terminate your Account and your use of the Services.

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Export Controls:

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Software (defined below) available in connection with the Services and the transmission of applicable data, if any, may be subject to export controls and economic sanctions laws of the United States or other jurisdictions. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of such export control and economic sanctions laws. Downloading or using the Software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Services.

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The Services Do Not Provide Medical Advice or Services

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We are not a medical provider or a pharmacy. The contents of the Services, including materials and programs related to the myWIC app and material obtained from governmental or other third party sources (collectively, “Content”), are for informational purposes only and are not intended to be medical advice or instructions for medical diagnosis or treatment. No physician-patient relationship is, or is intended to be, created by Content provided by us, and the Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Under no circumstances will Vexcel be liable in any way for any Content of any third parties or for any loss or damage of any kind incurred as a result of the use of any such Content.

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Third-Party Service, Sites and Content

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Our Services permit you, if you desire, to register to obtain certain services from your applicable state government WIC agency and possibly certain other third-party service providers. While we may help facilitate such registration, we are not a party to any such relationships, have no control over, and do not endorse, such third-party providers, and disclaim any responsibility or liability for the performance by such third parties. We may exchange or provide information with such third-party service providers in order to facilitate the provision of that third-party service. Where such information consists of Personal Information (as defined in the Privacy Policy), it will only be shared in accordance with the Privacy Policy. You further acknowledge and agree that Vexcel will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods, or service available through any such third-party service. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Vexcel is not liable for any loss or claim that you may have against any such third party. USE OF THIRD-PARTY SERVICES IS SOLELY AT YOUR OWN RISK.

Our Services may contain links to independent third-party Web sites or other content of third parties (together “Third Party Contents”). We provide these Third-Party Contents and content solely for your convenience and do not control or endorse any of them. Vexcel is not responsible for the content, security, or privacy policies of Third-Party Contents.

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Open Source Licenses

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The Service may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms, which can be found at https://www.vexcel.com/mywic-mosaic-open-src-software. Copyrights to the open source software are held by the respective copyright holders indicated therein.

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Intellectual Property Rights

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Content, Software, and Trademarks:

You acknowledge and agree that the Content on the Platform is protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. All right, title, and interest in the Content and all of the technology and software underlying the Services or distributed in connection (the “Software”) are and will remain the exclusive property of Vexcel, its affiliates, the WIC Agencies and/or their licensors. Except as expressly authorized by Vexcel, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Content, in whole or in part, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any use of the Services or the Content other than as specifically authorized herein is strictly prohibited. If you are blocked by the myWIC app from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any rights not expressly granted herein are reserved by Vexcel.

The myWIC name and logos are trademarks and service marks (collectively the “myWIC Trademarks”) of Vexcel, its affiliates, and/or the WIC Agencies. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to the myWIC app. Nothing in these Terms of Service or the Services grant, by implication, estoppel, or otherwise, any license or right to use any of myWIC Trademarks, without our prior written permission in each instance. All goodwill generated from the use of myWIC Trademarks will inure to our exclusive benefit.

Copyright Complaints:

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent as provide below under “Contact.” 

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

In accordance with DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are deemed to be repeat infringers. We may also, at our discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

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App Stores

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You acknowledge and agree that the availability of the myWIC app and the Services is dependent on the third party from whom you received the myWIC Service license and related software (the “App-Enabled Software”), e.g., the Apple App Store or Google Play (each, an “App Store”). In order to use the Service, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Services.

You agree to comply with, and your license to use the Services is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Services. Accordingly, you acknowledge and agree as follows:

These Terms of Service are between you and Vexcel and not with the App Store. As between Vexcel and the App Store, Vexcel, and not the App Store, is solely responsible for the Services and the content thereof. 

The license granted to you for use of the App-Enabled Software is limited to a non-transferable license to use the Services on any Apple or Google-branded products that you own or control and as permitted by the usage rules set forth in the relevant App Store Terms of Service, except that such Service may be accessed, acquired, and used by other accounts associated with you via Family Sharing or volume purchasing.

As between Vexcel and the App Store, Vexcel, and not the App Store, is solely responsible for and maintenance and support services with respect to the Services (as specified in these Terms of Service, or as required under applicable law). 

As between Vexcel and the App Store, Vexcel, and not the App Store, is solely responsible for the warranty on the Services (whether express or implied) therefor. In the event of any failure of the Services to conform to any applicable warranty, you may notify the App Store, and the App Store will refund the purchase price, if any, for the App-Enabled Software to you; and that, to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, if any, will be the sole responsibility of Vexcel.

As between Vexcel and the App Store, Vexcel, and not the App Store, is solely responsible for addressing any claims relating to the Services (e.g., product liability, legal compliance or intellectual property infringement). 

Vexcel, not the App Store, is responsible for addressing any claims of you or any third party relating to the App-Enabled Software or your possession and/or use of that App-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the App-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

In the event of any third-party claim that the App-Enabled Software or your or any other the end-user's possession and use of that App-Enabled Software infringes that third party's intellectual property rights, as between Vexcel and the App Store, Vexcel, and not the App Store, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (ii) you are not listed on any U.S. Government list of prohibited or restricted parties; and (iii) you are not located in any other country or jurisdiction from which you would be barred from using the Service by applicable law.

If you have any questions, complaints or claims with respect to the App-Enabled Software, they should be directed as provided below under “Contact.”

You may not use the Services or the App-Enabled Software in any manner in violation of or inconsistent with the usage rules for App-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service or any other applicable third-party terms and conditions.

You acknowledge that the App Store (and its affiliates) are third-party beneficiaries of these Terms of Service and that, upon your acceptance of the terms and conditions of these Terms of Service, the App Store will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the App-Enabled Software as a third-party beneficiary thereof. We may amend, terminate, or rescind these Terms of Service without the consent of the App Stores or any such subsidiary.

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Indemnity and Release

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You hereby agree to release, indemnify, and hold Vexcel and its affiliates and their officers, employees, directors, and agents harmless from any from any and all losses, damages, expenses (including reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive 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.” If you are a resident of another jurisdiction, in or outside of the United States, you waive any comparable statute or doctrine.

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Liability

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While we strive to provide an interruption-free experience, your access and use of the Services may be interrupted from time to time for any of several reasons, including, but not limited to, malfunction of equipment, periodic updating, maintenance, or repair of the Services or associated equipment, or other actions that Vexcel, in its sole discretion, may elect to take. In no event will Vexcel be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime of the Services. Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with the Services, shall be for Vexcel to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Services.

We cannot foresee or anticipate every technical or other difficulty which may arise. Such technical or other difficulties may result in: (i) an inability to obtain your Account Info (as that term is defined below) or other data, (ii) a loss of your Account Info or other data, (iii) a loss of your personalized settings on the Services (including any rules or routines you create in your Account), or (iv) other interruptions in access to the Services. Vexcel explicitly assumes no responsibility for the timeliness, accuracy, availability, deletion, non-delivery, or failure to store any of your data, loss of your data, communications, or settings.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. VEXCEL AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE AND OUR AFFILIATES MAKE NO WARRANTY OR CONDITION THAT: (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE CONTENT OR OTHER INFORMATION PROVIDED ON OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VEXCEL NOR ITS AFFILIATES WILL BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) DAMAGES FOR LOSS OF PROFITS; (C) DAMAGES FOR LOSS OF GOODWILL; (D) DAMAGES FOR LOSS OF USE OR CORRUPTION OF DATA; OR (E) OTHER INTANGIBLE LOSSES (EVEN IF VEXCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION, OR SERVICE OBTAINED THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VEXCEL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

Any claims arising in connection with your use of the Services must be brought within one (1) calendar year of the date of the event giving rise to such action occurred. Remedies under these Terms of Service are exclusive and are limited to those expressly provided for in these Terms of Service.

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Arbitration and Class Action/Jury Trial Waiver

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Please read this “Arbitration and Class Action/Jury Trial Waiver” section carefully. It is an integral part of these Terms of Service and affects your rights with respect to dispute resolution and the remedies you may have. It also contains a class action waiver.

For any dispute you may have with us, you agree to first contact us as provided below under “Contact,” and to work with us in good faith to resolve the dispute informally. In the event we are not able to resolve your dispute within sixty (60) calendar days after you brought it to our attention, you and Vexcel mutually agree to resolve any claim, dispute, or controversy (excluding claims that qualify for small claims court and claims for equitable relief, as provided below) arising out of or in connection with these Terms of Service or your access or use of the myWIC app, the Platform, and/or Services (collectively, “Claims”) by binding arbitration by Judicial Arbitration and Mediation Services, Inc. ("JAMS"), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. Information about JAMS, including contact information, can be found at www.jamsadr.com.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any Claims relating to the interpretation, applicability, enforceability or formation of the Arbitration Section in these Terms of Service, including but not limited to any claim that all or any part of this Arbitration Section is void or voidable. The judgment of the arbitrator and the award of the arbitrator is final and binding on you and Vexcel.

The arbitration will be conducted in Redmond, Washington unless you and Vexcel agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and obtain a fee waiver from JAMS. The award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses.

All Claims must be brought in YOUR individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by agreeing to these Terms of Service, you and Vexcel are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Nothing in this Arbitration Section will be deemed as preventing you or Vexcel from seeking equitable relief from the courts as necessary and applicable, nor for adjudicating a Claim in small claims court if that Claim qualifies so long as the Claim remains in such court and advanced only on an individual basis, not a class or representative basis.

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Modification, Suspension and Termination

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You agree that Vexcel, in its sole discretion, may suspend or terminate your Account (or any part thereof) or modify, suspend, or discontinue, temporarily or permanently, your use of the Service and remove and discard any content within the Service under reasonable circumstances, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that any termination of your access to the Service under any provision of these Terms of Service may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or the Service where such deactivation or deletion is permitted under these Terms of Service. Further, you agree that, to the extent permitted by law, we will not be liable to you for any modification, suspension, or discontinuance of the Services.

You also have the right to terminate your Account. You may delete your Account at any time by contacting your local WIC clinic or applicable state governmental WIC agency.

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General

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These Terms of Service constitute the entire agreement between you and Vexcel and govern your use of the Services, superseding any prior agreements between you and Vexcel with respect to the Services. These Terms of Service will be governed by the laws of the State of Washington without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Vexcel agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within King County, Washington State. The failure of Vexcel to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Vexcel, but Vexcel may assign or transfer these Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

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Privacy Policy

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We respect the privacy of our users. For details on how Vexcel will use, share or disclose your information, please see our Privacy Policy located at https://www.vexcel.com/mywic-mosaic-privacy-policy (English version) or https://www.vexcel.com/mywic-mosaic-privacy-policy-es (Spanish translation). By using the Services, you consent to our collection and use of personal information and data as outlined therein.  Please contact your WIC Agency for more information about how it will use, disclose or share your information.  Helpful links may be found HERE.

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Contact

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DO NOT USE THIS EMAIL TO SEND OR UPLOAD ANY DOCUMENTS OR PERSONAL INFORMATION REQUIRED FOR WIC REGISTRATION OR ACCESS TO WIC SERVICES OR CLINIC APPOINTMENTS. 

 

The email address myWIClegal@vexcelco.com can be used for the following purposes only:

• To report any violations of these Terms of Service;

• To pose any questions regarding these Terms of Service or the Services;

• To send notification of claimed copyright infringement;

• For questions, complaints or claims with respect to the App-Enabled Software;

• For any dispute you may have relating to the myWIC app;

 

ALL REQUIRED DOCUMENTS AND PERSONAL INFORMATION MUST BE UPLOADED SOLEY THROUGH THE APP. DO NOT SEND BY EMAIL OR SERVICES AND BENEFITS MAY BE DELAYED AND/OR DENIED UNTIL RECEIVED THROUGH THE APP.

 

IF YOU ARE HAVING DIFFICULTY UPLOADING DOCUMENTS TO THE APP OR BROWSER, PLEASE CONTACT YOUR LOCAL AGENCY OR CLINIC FOR ASSISTANCE.

 

You may also contact us by mail at:

Vexcel Corporation

Attn: myWIC Legal

1 Lone Tree Road

Fargo, ND 58104