KINNEY DRUGS
VACCINE ELIGIBILITY ASSISTANT
TERMS OF USE
Effective Date: September 22, 2025
1. ACCEPTANCE OF TERMS
By accessing or using our artificial intelligence (“AI”) powered assistant (“Burt”) for information about vaccine eligibility, you agree to be bound by these Terms of Use. If you do not agree, please do not use Burt for these services.
THESE TERMS CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THEM CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS
2. PURPOSE
Burt is intended to assist users in determining their eligibility for vaccines based on publicly available guidelines and user-provided information. It does not provide medical advice, diagnosis, or treatment.
3. ELIGIBILITY
You must be at least 18 years old to use Burt. If you are under 18, you may only use Burt under the supervision of a parent or legal guardian.
4. PRIVACY
Burt may ask certain questions about your medical history or symptoms for the purposes of determining eligibility. The privacy policy that applies to these services are Kinney Drug’s Notice of Privacy Practices available at https://kinneydrugs.com/contact-us/privacy-policy/ which is incorporated into these Terms.
5. LIMITATIONS OF USE
You agree to use Burt only for its intended purpose of providing information about vaccine eligibility and related services at Kinney Drugs. You may not:
Kinney Drugs reserves the right to suspend or terminate your access to Burt if you engage in prohibited conduct.
6. POSSIBILITY OF ERRORS
Burt’s responses (“Outputs”) are generated using Kinney Drugs’ eligibility rules, publicly available health guidance such as the Centers for Disease Control and Prevention (CDC), and third-party data sources and software. Outputs may also be generated using artificial intelligence models. Please be aware that Burt may misunderstand a question and respond to a different question than asked. Kinney Drugs does not independently verify all data used by Burt, and you acknowledge that the Outputs may not always reflect the most current public health guidance, pharmacy policies, or vaccine availability. Outputs are provided for informational purposes only and should not be relied upon as medical advice.
You agree that you are responsible for how you use the Outputs, and you should confirm any important information with a Kinney Drugs pharmacist or another qualified healthcare professional.
7. DISCLAIMER OF MEDICAL ADVICE
Burt is not a substitute for professional medical advice. Always consult a qualified healthcare provider for medical concerns. By providing access to Burt, Kinney Drugs is not accepting any additional responsibility for managing your vaccines or your medical conditions.
8. NO GUARANTEE OF ELIGIBILITY, ACCESS OR COVERAGE OF COST
Burt provides general guidance based on available public health data and does not guarantee vaccine eligibility or access to vaccines.
Please be aware that eligibility for a vaccine does not guarantee that your health insurance will cover the cost of the vaccine or related services. Coverage decisions are made by individual insurance providers and may vary based on your specific insurance plan, provider network participation, location and service provider, government or public health program eligibility. You are responsible for verifying coverage with your insurance provider before receiving any vaccine or medical service. Burt does not access or evaluate your insurance information and cannot confirm coverage or reimbursement.
9. INTERACTIONS RECORDED AND STORED
You acknowledge and agree that your interactions with Burt may be recorded and stored. This means that any conversation you have with Burt could be saved for future reference or analysis. If you do not consent to your interactions being transcribed, then you should not interact with Burt.
10. MODIFICATIONS
Kinney Drugs reserves the right to modify or discontinue the vaccine eligibility service at any time without prior notice.
11. INTELLECTUAL PROPERTY
All content, software, and design elements of the Burt are the property of Kinney Drugs or its licensors and are protected by intellectual property laws.
12. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
Your use of Burt is entirely voluntary and at your sole discretion and risk. If you are dissatisfied with Burt, any response, or these Terms, you should discontinue use of the services.
NO WARRANTY. Burt is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Kinney Drugs and its service providers disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement and any warranties arising as a course of dealing or usage in trade.
Kinney Drugs does not guarantee that Burt will be accurate, reliable, complete, or available for use. Burt does not offer medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for consultation with a licensed healthcare professional.
You understand and agree that any information you send or receive during your use of Burt may not be secure and may be intercepted or otherwise accessed by unauthorized parties.
To the maximum extent permitted by law, Kinney Drugs, its licensors and service providers, are not and will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or other intangible losses, arising out of or related to your use of Burt (including any response provided by Burt), even if Kinney Drugs or its licensors or service providers, have been advised of the possibility of such damages. If any part of this limitation is found unenforceable, Kinney Drugs’ total liability to you for all claims arising from or related to Burt, whether based in contract, tort (including negligence) or otherwise, may not exceed one hundred dollars (US $100.00), even if such remedy should fail of its essential purpose.
13. DISPUTE RESOLUTION AND ARBITRATION:
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or Burt communications, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that Kinney Drugs and you are each waiving the right to trial by a jury. You agree that any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted, and you are agreeing to give up the ability to participate in a class action.
The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of ability to travel and other pertinent circumstances. If we are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator's decision will follow these Terms and will be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. Notwithstanding any of the foregoing, nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision will be deemed null and void. The remainder of these Terms will continue to apply and be unaffected by this severability provision.
To the fullest extent permitted by law, you agree that any claim must be asserted within one (1) year of its accrual, or it is otherwise waived and time barred.
14. CHANGES TO TERMS OF USE
Kinney Drugs may update these Terms of Use at any time. Continued use of Burt after changes are posted constitutes acceptance of the revised terms.
15. QUESTIONS
For questions or concerns about these Terms, please contact Kinney Drugs:
Email:
Phone:
