PAXVAX TERMS & CONDITIONS 21756

PaxVax Wireless Text Messaging Program Terms and Conditions

Last Updated: April 20th, 2018

These PaxVax Wireless Text Messaging Program Terms and Conditions (“Terms and Conditions”) govern the Wireless Text Messaging Program (the “Program”) sponsored by PaxVax, Inc. (together with its affiliates, “PaxVax”). These Terms and Conditions include a “Dispute and Arbitration Agreement,” below. In addition, your participation is subject to our Privacy Policy, which is incorporated by reference.

Overview: PaxVax will make available to patients who are being administered Vivotif® (Typhoid Vaccine Live Oral Ty21a) by their health care practitioners a wireless text messaging service (the “Services”) pursuant to which participants in the Program (“Participants”) will receive wireless text messages over seven (7) days to introduce the Program, notify Participants to take the dosing indicated in the Vivotif Prescribing Information, and give Participants the option to receive additional marketing messages from PaxVax. Participants may text TRAVEL to 21756 to confirm enrollment in the Program or text HELP to 21756 for assistance regarding the Program or the Services. Participants may withdraw from the Program at any time by texting STOP to 21756. Additional methods to withdraw from the Program are set forth in the “Termination” section below.

Eligibility: Participation in the Program is available for patients who are being administered Vivotif (Typhoid Vaccine Live Oral Ty21a) by their health care practitioners. Continued enrolment in the Program constitutes Participant’s unqualified acceptance of these Terms and Conditions. PaxVax has the sole authority to determine eligibility for participation in the Program, use of the Services and compliance with these Terms and Conditions. We will only enroll you for additional marketing text messages from PaxVax if you provide your prior express written consent or opt-in consent to receive them. You can opt-in to receive auto-dialed texts at the same number you provided to us by responding “Y” when we give you the option. Your decision to opt-in is not a condition of purchase or participation in the Services. Standard message and data rates apply. You can opt-out at any time by replying STOP or as otherwise described in the “Termination” section below. You agree that if your phone number changes at any time, you will promptly notify PaxVax of the change.

Fees: PaxVax will not impose a fee for use of the Services. However, provider-imposed message and data rates for use of the Services will apply, for which Participants will be solely responsible. Neither any PaxVax company nor their respective shareholders, agents, employees, officers or directors will have liability for any fees, charges or other costs incurred by any participant in the Program as a result of participation in the Program and/or use of the Services.

Warranty and Disclaimer: TO THE MAXIMUM EXTEND PERMITTED BY LAW, PAXVAX PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. THE LAW IN SOME STATES, SUCH AS NEW JERSEY, PROHIBITS WAIVER OF IMPLIED WARRANTIES, SO THIS PROVISION MAY NOT APPLY TO YOU.

Limitation of Liability: UNDER NO CIRCUMSTANCES WILL ANY PAXVAX COMPANY OR THEIR RESPECTIVE SHAREHOLDERS, AGENTS, EMPLOYEES, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE PROGRAM OR USE OF THE SERVICES, WHETHER OR NOT PAXVAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LAW IN SOME STATES, SUCH AS NEW JERSEY, PROHIBITS WAIVER OF IMPLIED WARRANTIES, SO THIS PROVISION MAY NOT APPLY TO YOU.

Sole Remedy: Any Participant who is dissatisfied with the Program, the Services or these Terms and Conditions will have as the sole and exclusive remedy the discontinuation of participation in the Program and use of the Services.

DISPUTES AND ARBITRATION AGREEMENT. You and PaxVax agree that any dispute or claim relating in any way to the Program, the Services, and these Terms and Condition, including any text messages or other communications between you and PaxVax, will be resolved by individual binding arbitration, except that you may assert claims in small claims court if your claims qualify. Accordingly, you and PaxVax each agree to give up our right to go to court to assert or defend your rights. The Federal Arbitration Act and case law interpreting that statute apply to this Disputes and Arbitration Agreement. To the extent state law applies to this provision or the Terms and Conditions, the arbitrator shall apply the law of the State of Delaware. In arbitration, there is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court, and must follow these Terms and Conditions and this Disputes and Arbitration Agreement as a court would.

Either party asserting a dispute shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including by providing any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and PaxVax agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Information on how to file an arbitration demand and the AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. However, PaxVax will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000 and waives any rights it may have to recover an award of attorneys’ fees and expenses against you. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In addition, we each agree that any dispute resolution proceedings will be conducted on an individual basis only. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and PaxVax agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and PaxVax hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this particular paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

We will provide notice of any material changes to this Disputes and Arbitration Agreement, in which case you will have the right to opt out of this Disputes and Arbitration Agreement within 60 days after such change.

Termination: Any Participant may withdraw from the Program at any time by providing notice to PaxVax by telephone (888-512-0387), text message (STOP to 21756), email (SMSHelp@paxvax.com) or mail (PaxVax, Inc., 555 Twin Dolphin Drive, Suite 360, Redwood City, CA 94065, Attention: SMS Help). PaxVax reserves the right to terminate the Program or suspend the Program or the Services, or to remove a Participant from the Program, in each case for any reason in its sole discretion.

Amendments: PaxVax reserves the right to amend these Terms and Conditions at any time in its sole discretion.

The Program is available to subscribers of Boost, AT&T, T-Mobile®, Dobson, Verizon Wireless, Sprint, U.S. Cellular, C Spire Wireless, Virgin Mobile, Cellcom, NTelos, GetLisa, Cricket Communications and Metro PCS. T-Mobile is not liable for delayed or undelivered messages.

For additional help, text HELP to 21756. You can also e-mail our support team at SMSHelp@paxvax.com. Reply STOP to end at any time.

PaxVax, Inc.
555 Twin Dolphin Drive, Suite 360
Redwood City, CA 94065
888-512-0387
9am – 5pm EST
www.paxvax.com
www.vivotif.com