Last Updated: 3/22/24
These Bavarian Nordic Inc. Wireless Text Messaging Program Terms and Conditions (“Terms and Conditions”) govern the Wireless Text Messaging Program (the “Program”) sponsored Bavarian Nordic Inc. (together with its affiliates, “Bavarian Nordic”). By submitting your information, you are agreeing to the Program Terms & Conditions, you agree to receive text messages on your mobile device sent from an automated system subject to the Terms & Conditions described below, and you are indicating that you understand that you may revoke your consent at any time. You understand that this consent is not a condition of purchase or use of any Bavarian Nordic product or service. These Terms and Conditions include a “Dispute and Arbitration Agreement,” below. In addition, your participation is subject to the Bavarian Nordic Website Privacy Policy, which is incorporated by reference. This Program is only intended for individuals 18 years of age or older, and individuals under the age of 18 are not permitted to join this Program.
Bavarian Nordic will make available information related to travel health, infectious disease prevention, and vaccinations via a wireless text messaging service (the “Services”) pursuant to which participants in the Program (“Participants”) will receive wireless text messages. The Program involves a series of text messages related to travel health and vaccination, including Bavarian Nordic products. The number of texts and timing of the texts varies by the Participant's use of the program. Participants may text TRAVEL to 1-450-400-0015 to confirm enrollment in the Program or text HELP to 1-450-400-0015 for assistance regarding the Program or the Services. Participants may withdraw from the Program at any time by texting STOP to 1-450-400-0015 . Additional methods to withdraw from the Program are set forth in the “Termination” section below.
Eligibility: Participation in the Program is available for US citizens over the age of 18. Continued enrollment in the Program constitutes Participant’s unqualified acceptance of these Terms and Conditions. Bavarian Nordic 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 enroll you for additional marketing text messages from Bavarian Nordic if you provide your prior express written consent or opt-in consent to receive them. Your decision to opt-in is not a condition of purchase. 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 Bavarian Nordic of the change.
Fees: Bavarian Nordic does 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 Bavarian Nordic nor any affiliate, 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, BAVARIAN NORDIC 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. Bavarian Nordic will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.
Please note that the provision of informational, educational or marketing texts by Bavarian Nordic do not constitute health care or medical advice, and Bavarian Nordic is not able to provide health care or medical advice through this Program. You should check directly with your healthcare provider if you have any questions about any medication or vaccine or to determine whether any medication or vaccine is right for you. If you experience adverse reactions to any Bavarian Nordic medications or vaccines and need medical advice or medical attention, please call your healthcare provider immediately.
Limitation of Liability: UNDER NO CIRCUMSTANCES WILL BAVARIAN NORDIC OR ANY OF ITS AFFILIATES, 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 BAVARIAN NORDIC 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, unless explicitly limited by state law.
DISPUTES AND ARBITRATION AGREEMENT. Unless prohibited or limited by state law, you and Bavarian Nordic 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 Bavarian Nordic, will be resolved by individual binding arbitration, except that you may assert claims in small claims court if your claims qualify. Accordingly, you and Bavarian Nordic 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 Bavarian Nordic 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, Bavarian Nordic 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 Bavarian Nordic 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 Bavarian Nordic 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 Bavarian Nordic by telephone (844-422-8274), text message (STOP to 1-450-400-0015), email (SMSHelp@bavariannordic.io) or mail (Bavarian Nordic, 1005 Slater Rd., Suite 100, Durham, North Carolina 27703, Attention: US Marketing). Bavarian Nordic 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.
Adverse Events: To report SUSPECTED ADVERSE REACTIONS, contact Bavarian Nordic at 1-844-4BAVARIAN or the US Department of Health and Human Services by either visiting www.vaers.hhs.gov/reportevent.html or calling 1-800-822-7967.
Amendments: Bavarian Nordic reserves the right to amend these Terms and Conditions at any time in its sole discretion.
The Program is available to subscribers of Alltel, AT&T, Boost, Centennial Cellular, Cincinnati Bell, Cox Wireless, Cellular South, Centennial Wireless, Cricket Communications, Illinois Valley Cellular, Immix Wireless, Inland Cellular, MetroPCS, Nextel, Pioneer Cellular, Sprint, T-Mobile®, Unicel, U.S. Cellular, Virgin Mobile USA, and Verizon Wireless. T-Mobile is not liable for delayed or undelivered messages.
For additional help, text HELP to 1-450-400-0015 . You can also e-mail our support team at SMSHelp@bavarian-nordic.io. Reply STOP to end at any time.
CALIFORNIA RESIDENTS: California residents have additional rights related to their data, including the right to request access to their data. Through this Program, Bavarian Nordic collects information provided by you related to your phone number, area code, and location to provide the Services and to comply with law. If you reach out to Bavarian Nordic Medical Information or report an Adverse Event, Bavarian Nordic will collect additional categories of information from you to comply with pharmacovigilance obligations, to respond to your inquiries, and to comply with regulatory standards and laws. Bavarian Nordic may link or cross-reference the information that you have provided through this Program with other information you have previously provided to Bavarian Nordic, information collected from your interactions with Bavarian Nordic or its websites, programs or platforms, or information that is available in commercial databases for the purpose of providing you with more relevant information, marketing, and for internal analysis of the reach or effectiveness of Program or Services and in evaluating or developing future Programs or Services. Bavarian Nordic does not sell data collected through this Program, and the information is only shared externally to our vendors for the exclusive purposes of managing the Program and providing the Services. Bavarian Nordic does not collect information from individuals under 16 years of age. Bavarian Nordic is unable to delete certain information where the collection and maintenance of that information is required by law (for example, adverse events). California residents have the right to know what personal information a business has collected about them, the right to delete personal information that the business has collected (subject to certain restrictions), the right to correct inaccurate personal information, the right to opt-out of the sale or sharing of the personal information, the right to limit the use or disclosure of sensitive personal information, and the right not to receive discriminatory treatment for the exercise of your privacy rights under the California Consumer Privacy Act. Requests related to your data may be directed to gdpr@bavarian-nordic.com.
NEW JERSEY RESIDENTS: The Take4 program involves a series of text messages over seven (7) days to introduce the Program and notify Participants of information relevant to travel health. Although frequency varies by the Participant's use of the program, Participants should expect to receive no more than 25 messages over the course of the Program unless such Participant is actively texting in (“inbound texting”) as part of the Services. Participants may also agree to receive additional marketing messages from Bavarian Nordic.
WASHINGTON AND NEVADA RESIDENTS: The information collected pursuant to this Program may be classified as Consumer Health Data under state law. Please review the Consumer Health Data policy available at: {link} . Requests related to your data may be directed to gdpr@bavarian-nordic.com.
Bavarian Nordic Inc.
1005 Slater Rd.
Suite 101
Durham, North Carolina 27703
Requests related to your data may be directed to gdpr@bavarian-nordic.com.