Terms of Use

Last updated July 19, 2022

Cowva® (“Cowva”) is a cloud-based vaccination management solution that connects vaccination care providers to their practice and consumers, and healthcare consumers to personal and family health data. This policy outlines how we use and protect your data. If you do not understand any part of this policy, please feel free to contact us as described at the end of this document. Thank you for using Cowva.

The following terms and conditions constitute an agreement between you and Cowva Inc. (“Cowva,” “we,” or “us”), the operator of cowva.com (the “Site”) and related websites, applications, services and mobile applications provided by Cowva 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 DELAWARE, UNITED STATES. IF YOU ARE A USER OUTSIDE THE UNITED STATES, THE LAWS OF YOUR COUNTRY OR TERRITORY WILL APPLY AND ANY DISPUTE THAT YOU MAY HAVE WITH US WILL BE RESOLVED IN ANY COMPETENT COURT IN YOUR COUNTRY OR TERRITORY THAT HAS JURISDICTION OVER THE CLAIM. IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE SERVICES. YOU MUST BE 18 YEARS OR OLDER TO USE THE SERVICES. YOU MAY NOT USE COWVA 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.

FURTHERMORE, THE CONTENT, WHETHER SUCH CONTENT IS PROVIDED BY OR THROUGH THE USE OF THE SERVICES OR THROUGH ANY OTHER COMMUNICATIONS FROM COWVA, 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.

Additional Definitions

“Application” refers to the Cowva web 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 other communication.

“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 Cowva without registering for an Account.

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

“Provider” refers to an individual or healthcare organization registered to use the Services and created an Account. Providers shall assume all rights and obligations hereunder on behalf of any patient user using the Services.

“Patient User” refers to an individual that has registered or been registered by a provider 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.

“User” refers to any Provider or Patient User.

Account Registration

Users: In order to access certain features of the Site and Services, you must register to create an Account and become a “Provider”, or be registered by a Provider as a “Patient User.” During the registration process, you will be required to provide certain information and you will establish a username or email 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. Cowva 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 or actions. You will immediately notify Cowva of any unauthorized use of your Account. You allow Cowva access to any data required to perform the Services. You must be at least 18 years old to use Cowva.

It is a violation of this agreement if you falsely represent your identity using Cowva to look-up health records (e.g. immunization records) or exchange health information with any third parties.

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. Cowva’s Privacy Policy details how we may use, share, and maintain your information. By submitting such information, you authorize Cowva, its employees, agents, and others operating on its behalf to use and/or disclose such information in accordance with Cowva’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 third parties. You acknowledge and agree that such information will be reviewed and approved by you, someone, and/or a group of individuals authorized by you. You also acknowledge that Cowva may use your data or information you provide in accordance with our Privacy Policy. 

Ownership

You acknowledge and agree that Cowva 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 Cowva 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 Cowva 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 Cowva logo, and the product and service names associated with the Services or otherwise contained on the Site, all of which are trademarks of Cowva (all of the foregoing being referred to herein collectively as the “Cowva Technology”). You acknowledge and agree that the Cowva Technology is comprised of intellectual property rights owned by or licensed to Cowva 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 Cowva Technology are granted to you, and all such rights are hereby expressly reserved by Cowva.

Grant of License

Subject to these Terms, Cowva 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 Cowva. 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 Cowva publishes in connection with the Services. Any software that may be made available by Cowva in connection with the Services contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code or sell, assign, sublicense, or otherwise transfer any right in any software.

Rights You Grant to Cowva

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

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 Cowva’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, libellous, 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 consent; (b) harvest, collect, gather or assemble information or Data regarding other Users without their 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 Cowva 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; and (b) ensure that You exit from Your Account at the end of each session. Cowva 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. Cowva may take remedial action if Your Data violates these Terms; however, Cowva is under no obligation to review Your Data for accuracy or potential liability.

Termination and Account Cancellation

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

Cowva 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.

Indemnity

You shall indemnify, defend, and hold Cowva, its officers, directors, users, employees, and agents harmless from all claims, losses, demands, liabilities, judgments, damages, and costs (including reasonable legal 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.

General Limitation of 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.

COWVA AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COWVA IS NOT A HEALTHCARE PROVIDER AND SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF THE HEALTHCARE PROVIDER(S) THAT YOU CHOOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

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.

Jurisdiction, Applicable Law, and Limitations

This Site, application and all associated services is created and controlled by Cowva Inc. in the State of Delaware. You agree that these Terms will be governed by and construed in accordance with the laws of the United States of America and the State of Delaware, without regard to its conflicts of law provisions. Use of the Site or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. Cowva makes no claims or assurances that the Services are appropriate or may be used outside of the regions stated during registration. You agree that all legal proceedings arising out of or in connection with these Terms, or the Services available on or through the Site must be filed in a federal or state court located in Delaware, within one year of the time in which the events giving rise to such claim began, or Your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.

If you are a consumer in a country or territory outside the United States, the laws of your country or territory will apply to any claim you have against us that arises out of or relates to these Terms, and you may resolve your claims in any competent court in your country or territory that has jurisdiction over the claim, without regard to conflict of law provisions.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Cowva’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and of no effect. Cowva 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.

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.

Entire Agreement

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

No Waiver

The failure of Cowva 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 Cowva. 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.

General

You agree that Cowva 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.

We may amend or update these Terms. We will provide you notice of material amendments to our Terms, as appropriate, and update the “Last modified” date at the top of our Terms. Your continued use of our Services confirms your acceptance of our Terms, as amended. We hope you will continue using our Services, but if you do not agree to our Terms, as amended, you must stop using our site and/or Services by termination of your account.

If you require any clarification or assistance with using the services, please contact us at [email protected]