myWIC Vendor Portal Terms of Service
[Last Updated: 05/10/2024]
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE MYWIC VENDOR PORTAL.
Welcome to the myWIC Vendor Portal!
The following are the terms and conditions of your use of the myWIC Vendor Portal (“myWIC”) website (the “Platform”) located at http://vendor.mywic.us/ and other products and services available on the Platform (collectively with the Platform, the “Services”) (the “Terms of Service”). The myWIC Vendor Portal (“Vendor Portal”) is operated by Vexcel Corporation, a Microsoft company on behalf of various State and Independent Tribal Organization (“Tribal Nations”) Agencies (hereinafter, our “Customer(s)” or “State(s)” or “Tribal Nation(s)”). These Terms of Service form a legal agreement between companies or individuals registering to participate as Vendors on the Vendor Portal (“you” or “Vendor”) and Vexcel Corporation (“Vexcel,” “we,” or “us”). BY APPLYING TO REGISTER AS A VENDOR AND/OR BY USING THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE; IF YOU DO NOT AGREE, DO NOT REGISTER OR USE THE SERVICES. These Terms of Service are in addition to terms between Vendors and the States and/or Tribal Nations in which they are registering to be a Vendor. While our role is to facilitate your registration as a Vendor through this Vendor Portal, we are not a party to your relationship with the States and/or Tribal Nations in which you are registering as a Vendor. Any information collected from you through this Portal will be shared with the States and/or Tribal Nations where you will operate as a Vendor, and will be governed by and subject to the privacy policies of those States and/or Tribal Nations.
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, or the liability of our affiliates or partners, 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 the myWIC Vendor Portal website 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.
The Information you provide. Vexcel is acting in the capacity of a Data Processor with respect to the information collected from you through this Vendor Portal. All information collected will be provided to our Customers who will control the use of such information in accordance with their respective privacy policies. Information you provide to us when registering, including, without limitation, personally identifiable information and your location, will be shared with our Customers. By using the Services, you consent to our collection of the information you provide, and our maintaining this information for, and providing this information to, our Customers for their use. The laws, rules, regulations and privacy policies of each of the States or Tribal Nations in which you are registering to serve as a myWIC Vendor shall govern the way your information may be used or shared by them. Some helpful information can be found here: AGENCY POLICIES. To the extent that there is an inconsistency between these Terms of Service and any State or Tribal Nation’s Privacy Policy 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.
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 State or Tribal Nation) 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 government authority in the State(s) or Tribal Nations in which you are registering to be a Vendor.
Access and Use of the Service
Your Registration Obligations:
You are required to register as a Vendor within the myWIC Vendor Portal in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete business and contact information as prompted by the Services’ registration form. You further agree to maintain and update your personal and business 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 us through the myWIC Vendor Portal, and only in compliance with these Terms of Service, as well as any and all terms and conditions of the States and/or Tribal Nations in which you will serve as a vendor and all applicable local, state, national, and international laws, rules, and regulations.
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 Service and for any and all activities that occur under your password or Account. 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, its affiliates, partners and/or Customers, shall 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 Service. Vexcel, its affiliates, partners and/or Customers 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, its affiliates, partners and/or Customers or others, due to any unauthorized use of your Account.
You may designate authorized users within your organization to access the Vendor Portal. You are responsible for these authorized users’ compliance with the terms of this Agreement and acts or inactions while using your myWIC Vendor Portal Account.
As a condition of creating an Account and using the Services you may need to upload a valid government-issued identification, as well as certain other documents. The States and/or Tribal Nations may take steps to verify your Employee Identification Number, contact information, email address, phone number or other information you provide, including making any inquiries, directly or through any third-party service providers, as they deem necessary to validate your identity and eligibility to become a Vendor on the Vendor Portal. These inquiries may include, but are not limited to, the States and/or Tribal Nations asking you for further information, or verifying information you provide against third party databases or through other sources. We will send you an email at the address you provide and ask you to click on the link in that email in order to confirm your email address. If your email is not confirmed or your eligibility is not validated by the States and/or Tribal Nations, 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 message, and other similar means, from us regarding your registration and the maintenance of your registration, and from the States or Tribal Nations in which you are applying to be a Vendor, as determined in the discretion of such States or Tribal Nations. We may also communicate with you with respect to your use of the Vendor Portal with respect to your registration, including, but not limited to, matters concerning registration confirmation, password reset, approval of your applicant, pending tasks, etc. For the avoidance of doubt, this consent applies to all communications that we or the States or Tribal Nations 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.
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 in connection with legitimate business purposes directly related to your registration as a Vendor in the myWIC Vendor Portal. The States and/or Tribal Nations reserve the right to restrict who is eligible to be a vendor on the Platform and to use the Services. You acknowledge that Vexcel, the States and/or the Tribal Nations may establish general practices and limits concerning use of the Services and your role as a Vendor. You agree that Vexcel, its affiliates, partners and Customers 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, the States and/or the Vendor Nations reserve the right to terminate Vendor registrations/accounts that are inactive for an extended period of time. You further acknowledge that we, the States and/or the Tribal Nations reserve the right to change these general practices and limits at any time, in our sole discretion. We currently provide you with general use and access to the Service free of charge.
User Code of Conduct
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 legitimate business purposes related to your role as a myWIC Vendor 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, rules and regulations pursuant to all jurisdictions in which you conduct business 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 with us. 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 or any other Vendor or person’s use of the Vendor Portal; (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.
• You agree to: (1) conduct your business with integrity, honesty and transparency at all times; and (2) compete fairly and avoid anti-competitive practices.
• You agree to comply with the terms of the Privacy Policy in the States and/or Tribal Nations in which you register to become a myWIC Vendor.
• You may not use or disclose any WIC participant, Vexcel or State/Tribal Nation information or data for any purpose other than that which is necessary to fulfill product orders or otherwise comply with any agreement (including the agreement you enter with each State Agency (“WIC Vendor Agreement”). Vendors must, at all times, comply with the Health Insurance Portability and Accountability Act of 1996 (HIPPA) which protects personal health information (PHI) and with data use and privacy laws, rules, regulations and policies with respect to personally identifiable information applicable within the states/tribal organizations/agencies where Vendors are doing business.
The States and/or Tribal Nations, 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 any State or Tribal Nation determines, or we determine, in our sole discretion, that you have violated the terms of this Agreement or any separate terms you have agreed to with a State or Tribal Nation, we reserve the right to, in addition to any other rights we may have, immediately and without notice to you terminate your access to the Vendor Portal, your Registration/Account and your use of the Services.
Export Controls:
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.
Third parties, Third-Party Service, Sites and Content
Our Services may permit you, if you desire, to interact with an applicable State or Tribal Nation government WIC Agency and possibly certain other third-party service providers and individual users of the myWIC app (hereinafter “Third Parties”). While we may help facilitate your registration and/or interactions, we are not a party to any such relationships, have no control over, and do not endorse, any such Third Parties, and disclaim any responsibility or liability for the behavior performance, or lack thereof, by any Third Party. You further acknowledge and agree that Vexcel, its affiliates, partners 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 (a) Vexcel’s sharing of the information you provide during registration with the State and Tribal Nations; and (b) use of or reliance on any content, goods, or service available through any such Third Party. Any dealings you have with Third Parties in connection with your role as a Vendor or using the Services are between you and the Third Party, and you agree that we are 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 does not control or endorse any of them. We are not responsible for the content, security, or privacy policies of Third-Party Contents.
Open Source Licenses
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-source-software. Copyrights to the open source software are held by the respective copyright holders indicated therein.
Intellectual Property Rights
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, Customers and its licensors. Except as expressly authorized by us, 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 us 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). We reserve any rights not expressly granted herein.
The name and logos associated with the myWIC Vendor Portal are trademarks and service marks (collectively the “myWIC Trademarks”) of Vexcel, its affiliates and/or Customers. 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 us. 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 the exclusive benefit of the owners of such.
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.
Indemnity and Release
You hereby agree to release, indemnify, and hold Vexcel, and its affiliates and Customers, 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.
No Liability for Interruptions in Service
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 related to the myWIC Vendor Portal, periodic updating, maintenance, or repair of the Services or associated equipment, or other actions that we, in our sole discretion, may elect to take. In no event will we or our affiliates or Customers be liable to any party for any loss, cost, or damage, including lost business or sales, 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 us 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. We explicitly assume 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.
General Disclaimer
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 AND CUSTOMERS 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.
VEXCEL AND ITS AFFILIATES AND CUSTOMERS 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 OR CUSTOMERS 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.
Arbitration and Class Action/Jury Trial Waiver
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 Vexcel, 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 Vendor Portal, and/or Services (collectively, “Claims”) by binding arbitration by 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 company/corporate or individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceedings. 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.
Modification, Suspension and Termination
You agree that Vexcel, in its sole discretion, or any State or Tribal Nation, in its sole discretion, may suspend or terminate your Registration or 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 effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your Registration or 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.
General
These Terms of Service constitute the entire agreement between us and govern your use of the Vendor Portal and Services, superseding any prior agreements between us with respect to the Services. You are also obligated to comply with all of the terms and conditions, policies, rules and laws of the States and/or Tribal Nations within which you are serving as a Vendor.
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, we 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 our prior written consent, but we 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.
Contact
DO NOT USE THIS EMAIL TO SEND OR UPLOAD ANY DOCUMENTS OR INFORMATION REQUIRED FOR VENDOR PORTAL REGISTRATION. ALL REQUIRED DOCUMENTS AND INFORMATION MUST BE UPLOADED SOLEY THROUGH THE VENDOR PORTAL WEBSITE. IF YOU ARE HAVING DIFFICULTY UPLOADING DOCUMENTS, PLEASE CONTACT YOUR STATE OR TRIBAL NATION’S WIC PROGRAM VENDOR MANAGEMENT OFFICE.
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 with us relating to the myWIC Vendor Portal;
You may also contact us by mail at:
Vexcel Corporation
Attn: myWIC Legal
1 Lone Tree Road
Fargo, ND 58104