Terms of Service
Last Update Date: February 2024
MyID® PRIVACY TERMS AND CONDITIONS
1. Introduction:
Welcome to MyID, 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, Renewal and Cancellation Terms, 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@myid.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. 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, Renewal and Cancellation
Terms 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 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 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 You 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.
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, 491 N. Bluff Street, Ste.
106, St. George, UT 84770. 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 Washington County, Utah 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 inure 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 Shopify.
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 that
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 by emailing us here.
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.
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).