Chatbot Policy and Terms
Effective Date November 14, 2024
Mosaic Pharmacy Service, a subsidiary of RxAnte, Inc. (“Company” or “We”), respects your privacy and is committed to protecting it through our compliance with this policy. This Privacy Policy applies only to users of the Chatbot Services (described below).
Through the use of a third party supplier, One Health Link, we provide a service that enables users to engage with a virtual assistant in automated digital conversation sessions about their health, health plan, health appointments and other health-related activities. These automated, interactive conversations with a virtual assistant (or “chat”) sessions are referred to in this Privacy Policy as the “Chatbot Services.”
This Chatbot Privacy Policy explains what information, including personal information, we and our third party service provider, One Health Link, collect from or about users, how we use and share that information. Any information collected that is defined as protected health information under the Health Insurance and Portability and Accountability Act is governed by and will be used and disclosed as described in the Mosaic Notice of Privacy Practices, which may be found here. This Chatbot Privacy Policy is incorporated into and forms part of our Chatbot Terms of Service.
Before using the Chatbot Service or submitting any information, including personal information, to us, please review this Chatbot Privacy Policy carefully and contact us if you have any questions. By using the Chatbot Service, you agree to the practices described in this Chatbot Privacy Policy.
Our Chatbot Privacy Policy only applies to the Chatbot Services we provide through our third party service provider. We may provide links to other websites that we think may be of interest to you. You should read the Privacy Policy at each website that you visit after you leave our website. We do not endorse, and are not responsible for, the privacy practices or the content of any third-party websites.
Collection of General Information
We may track information provided to us by your use of the Chatbot Services or direct input into the site or your browser, including the website you came from, the type of browser you use, the time and date of access, and other information that you submit to our site or through the Chatbot Services. We may use tracking technology (known as 'cookies') that deposit certain bits of information on your hard drive. Cookies allow us to track and target your interests to tailor our sites or Services to suit your needs better.
Personally Identifiable Information
We may collect personally identifiable information (such as name, zip codes, telephone number, prescription number, date of birth, date of appointments or other personal information that you submit to the Chatbot) only when voluntarily given permission or opted in to use the Chatbot Services. We may also use elements of medical information to provide the Chatbot Services.
We do not sell, rent or otherwise make available any personally identifiable information submitted by users to the Chatbot Services to any third parties other than our third party suppliers, service providers and contractors that assist us with, support or provide the Chatbot Services, business associates, affiliates, authorized staff or our agents (who have agreed to keep information secure and private), or as may be required by law. This information will not be used for any direct marketing or unsolicited follow-up unless we have previously informed you of this possible use and you have given us your express permission when submitting it. In addition to using your information to provide the Chatbot Services, we may use this information for such purposes as:
1. To contact you.
2. To communicate with you about health appointments, health management, pharmacy and care management, member services and clinical services.
3. To respond to and manage your requests.
4. To provide health education and information to you.
5. To assist you in rescheduling health appointments.
6. To fulfill the purpose for which you provided the information.
7. To provide assistance to you to find health-related and health plan information needed.
8. For any other purpose with your consent.
We may also disclose or share your personal information to a buyer or successor in the event of a merger, divestiture, restructuring or reorganization or sale or transfer of some or all of the Company’s assets or business. In such cases, unless permitted otherwise by applicable law, your information remains subject to the terms of this Privacy Policy, unless you agree differently.
Security Measures
Mosaic and our third party service provider, One Health Link, have implemented reasonable and appropriate security features to help keep personally identifiable information from unauthorized access, use, alteration, release or disclosure. We always strive to keep your information secure and confidential. Even with our best efforts, sometimes that is not possible. Conversations with the virtual assistant or live chat through the Chatbot Services may not be secure. By using the Chatbot Services, you accept that risk and agree to use the Chatbot Services regardless. You may stop using the Chatbot Services at any time.
“Do Not Track” Signals
Some web browsers have a ”Do Not Track” feature. This feature allows you to tell websites you visit that you do not want your online activity tracked over time and across websites. You may adjust these preferences at any time by adjusting your cookie settings and/or individual browser’s settings.
California Residents
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. For more information relevant to our users who are California residents, please click here.
Changes
We may update this Privacy Notice from time to time. Updates may describe new features or functions of the Chatbot Services. Updates may also describe changes in how we use your personal information or to your controls. We will not apply changes to this Privacy Notice retroactively to personal information we have previously collected. Since we may make changes, we recommend that you read the current version of this Privacy Notice from time to time. If we make changes to this notice, we will update the “Effective Date” at the beginning of this notice.
Your Choices
You can limit the personal information you disclose to us by choosing not to provide it to us, however by doing so, you may not be able to use the Chatbot Services.
Chatbot Privacy Policy Only
This Chatbot privacy policy applies only to information collected through the Chatbot Services and not to information collected through our website or offline.
How We Protect Your Information
We protect the information we collect with appropriate physical, electronic and administrative safeguards. We only allow our employees, contractors, and agents to access personal information if they need access to perform services. They are also subject to confidentiality obligations.
Any sensitive or personal information is transmitted in an encrypted form using SSL encryption. Even though we have security safeguards, it is impossible to guarantee 100% security. If you have any questions about security or believe that your interactions with us are no longer secure (for example, you feel that your account with us has been compromised), you must immediately notify us by contacting Mosaic at privacy@mosaicpharmacy.com.
General Information
For more information about Mosaic Pharmacy’s Chatbot Privacy Policy and Terms of Use, please contact us at:
Mosaic Pharmacy Services,
45999 Center Oak Plaza, Site 120
Sterling, VA 20166
Or via our toll free number at (844) 233 -9086 or emailing us at privacy@mosaicpharmacy.com
Effective Date November 14, 2024
1. Contractual Relationship
These Terms of Use (“Terms”) govern your access to and use, of the Chatbot Services as defined below in Section 2, made available by Mosaic Pharmacy Service, a Delaware limited liability company and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, "Mosaic Pharmacy", “us” or “we”). PLEASE READ THESE TERMS CAREFULLY, AS THEY CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MOSAIC PHARMACY.
By accessing or using the Chatbot Services, you confirm your agreement to be bound by these Terms, including the information set forth in our privacy policy, located here.
If you do not agree to these Terms, do not access or use the Chatbot Services. Mosaic Pharmacy may immediately terminate these Terms or the Chatbot Services with respect to you, or generally cease offering or deny access to the Chatbot Services or any portion thereof, at any time for any reason, except where prohibited.
If your use of the Chatbot Services is terminated for any reason, then: (a) these Terms will continue to apply and be binding upon you in respect of your prior use of the Chatbot Services (and any unauthorized further use of the Chatbot Services), including your indemnification obligations; and (b) any rights or licenses granted to us under these Terms will survive such termination.
Mosaic Pharmacy may amend the Terms from time to time. Amendments will be effective upon Mosaic Pharmacy 's posting of such updated Terms at this location. Your continued access or use of the Chatbot Services after such posting confirms your consent to be bound by the Terms, as amended.
Mosaic Pharmacy’s collection and use of personal information in connection with the Chatbot Services is described in Mosaic Pharmacy's Chatbot Privacy Policy located here.
2. The Chatbot Services
We provide a service that enables users to engage with a virtual assistant in automated digital conversation sessions about their health, health plan, health appointments and other health-related activities. These automated, interactive conversations with a virtual assistant (or “chat”) sessions in combination with all related content constitute “Chatbot Services.”
3. Restrictions on Use
You agree not to use the Chatbot Services in a way that is, in Mosaic Pharmacy’s discretion, harmful to minors in any way or violates any applicable law, regulation, obligation or other similar restrictions imposed by a government. You also agree not to violate, remove any copyright, trademark or other proprietary notices from any portion of the Chatbot Services, cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Chatbot Services or attempt to gain unauthorized access to or impair any aspect of the Chatbot Services or its related systems or networks (or to other computer systems or networks connected to or used together with the Chatbot Services), whether through password mining or any other means. You shall promptly notify Mosaic Pharmacy if you learn of any security breach related to the Chatbot Services.
You agree that any information that you provide or obtain through the Chatbot Services will be solely for your (or your family member’s or dependent’s) personal use. Users must be at least 18 years of age; parents or caregivers may use the Chatbot Service for an individual under 18 who is in their care. Mosaic Pharmacy or its third party provider may cancel, suspend, or terminate your access to the Site and the Chatbot Services at any time and for any reason, including any violation of these Terms.
You are prohibited from violating or attempting to violate the security of the Chatbot Services, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Chatbot Services or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.
You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Chatbot Services, deep-link to any feature or content on the Chatbot Services, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Chatbot Services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Chatbot Services or any activity being conducted on the Chatbot Services.
You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Mosaic Pharmacy Chatbot Services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; or infringe copyrights, trademarks, or other intellectual property rights.
You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet.
Your Account or access to the Chatbot Services may be terminated for any of the above infractions.
4. Not Medical Advice
The contents of the Chatbot Services are for informational purposes only. The content does not provide medical advice and is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health professionals or providers with any questions you may have regarding a medical condition or medicine. Never disregard professional medical advice or delay in seeking it because of the Chatbot Services.
5. The Chatbot Services are “As Is”
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT OF LAW, YOUR USE OF THE CHATBOT SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE CHATBOT SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE CHATBOT SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOSAIC PHARMACY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT MADE AVAILABLE THROUGH THE CHATBOT SERVICES, OR THE CHATBOT SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS. MOSAIC PHARMACY DOES NOT WARRANT THAT THE CHATBOT SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR CHATBOT SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR CHATBOT SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MOSAIC PHARMACY SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE CHATBOT SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
Mosaic Pharmacy is not obligated to provide any maintenance, technical or other support for the Chatbot Service.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Chatbot Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Chatbot Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Chatbot Services and Applications and any updates thereto. Mosaic Pharmacy does not guarantee that the Chatbot Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Chatbot Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
6. Eligible Users
The Chatbot Services are offered and available to users who are 18 years of age or older. By using the Chatbot Services, you represent and warrant that you are of legal age to form a binding contract with Mosaic Pharmacy and meet all of the foregoing eligibility requirements. The Chatbot Services are offered and available to users who reside in the United States or any of its territories or possessions. If you do not meet all of these requirements, you must not access or use the Chatbot Services.
7. License
Limited License to You
Subject to your compliance with these Terms, you are granted a limited, non- exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Chatbot Services; and (ii) access and use any content, information and related materials that may be made available through the Chatbot Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Mosaic Pharmacy or its third-party provider.
Restrictions.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Chatbot Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Chatbot Services except as expressly permitted by Mosaic Pharmacy; (iii) decompile, reverse engineer or disassemble the Chatbot Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Chatbot Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Chatbot Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Chatbot Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Chatbot Services or its related systems or networks.
Third Party Services and Content.
The Chatbot Services may link you to other websites and services on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other third parties. These websites and services may contain information or material that some people may find inappropriate or offensive. These other websites, services and parties are not under Mosaic Pharmacy 's control, and you acknowledge that Mosaic Pharmacy and its Affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the materials or substance of such websites and services, nor are Mosaic Pharmacy or its Affiliates responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either express or implied.
The Chatbot Services may be made available or accessed in connection with third party services and content. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Mosaic Pharmacy does not endorse such third-party services and content and in no event shall Mosaic Pharmacy be responsible or liable for any products or services of such third party providers.
Ownership.
The Services and all rights therein are and shall remain the property of Mosaic Pharmacy or the property of its licensors. Neither these Terms nor your use of the Chatbot Services convey or grant to you any rights: (i) in or related to the Chatbot Services except for the limited license granted above; or (ii) to use or reference in any manner Mosaic Pharmacy’s company names, logos, product and service names, trademarks or services marks or those of its licensors. For purposes of these Terms, “content” is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services available to those utilizing the Chatbot Services. By accepting these Terms, you acknowledge and agree that all content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Mosaic Pharmacy, its Affiliates or their licensors. You are only permitted to use the content as expressly authorized by Mosaic Pharmacy or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content in any form or by any means without prior written permission from Mosaic Pharmacy or the specific content provider, and you are solely responsible for obtaining permission before reusing any content. Any unauthorized use of content may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither Mosaic Pharmacy nor its Affiliates warrant or represent that your use of content will not infringe the rights of third parties.
9. Messaging Services
Mosaic Pharmacy may allow users to request and receive certain data, account information, or marketing messages via communications, including but not limited to text messaging and email. By providing us with your contact information, you are consenting to these communications from Mosaic Pharmacy, including being contacted with communications containing prescription- related information and medical information. You acknowledge that there may be some risk that the information in the communication(s) could be read by a third party. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party, including with certain health- related information. When you use the Chatbot Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
Consent to Receive Text Messaging and Telephone Calls.
You agree that Mosaic Pharmacy may contact you by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided by you or on your behalf in connection with your Account, the use of the Chatbot Services or otherwise provided to us, including for marketing purposes. If you provide us with a third party's contact information in connection with a messaging service, you represent that you have permission for us to contact such third party by telephone or text messages (including by an automatic telephone dialing system) at any of the phone numbers provided, including for marketing purposes. Should you send Mosaic Pharmacy a direct SMS message through a mobile device, such message constitutes your prior express written consent to receive the messages you request to that SMS device. Message and data rates may apply, and message frequency varies. Carriers are not liable for delayed or undelivered messages.
10. Disclaimers; Limitation of Liability; Indemnity
DISCLAIMER: ALL CONTENT AND CHATBOT SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOSAIC PHARMACY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOSAIC PHARMACY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, ACCURACY, TIMELINESS, QUALITY, SECURITY, SUITABILITY, OR AVAILABILITY OF THE CHATBOT SERVICES OR ANY CHATBOT SERVICES, OR THAT THE CHATBOT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
INFORMATION AVAILABLE THROUGH THE CHATBOT SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT AND CHATBOT SERVICES AT ANY TIME WITHOUT NOTICE.
THE USE OF THE CHATBOT SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE CHATBOT SERVICES OR THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the Chatbot Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Chatbot Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Chatbot Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-performance arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
MOSAIC PHARMACY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE CHATBOT SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MOSAIC PHARMACY , EVEN IF MOSAIC PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MOSAIC PHARMACY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE CHATBOT SERVICES OR YOUR INABILITY TO ACCESS OR USE THE CHATBOT SERVICES; EVEN IF MOSAIC PHARMACY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOSAIC PHARMACY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOSIAC PHARMACY’S REASONABLE CONTROL.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CHATBOT SERVICES OR LINKED WEBSITES IS TO STOP USING THE CHATBOT SERVICES.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOSIAC PHARMACY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MOSAIC PHARMACY’S CHOICE OF LAW PROVISION SET FORTH BELOW. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF MOSAIC PHARMACY TO YOU WITH RESPECT TO YOUR USE OF THE CHATBOT SERVICES IS $50 (FIFTY DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
Indemnity.
You agree to indemnify and hold Mosaic Pharmacy and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees related to defending or resolving any suits), arising out of or in connection with: (i) your use of the Chatbot Services or services (ii) your breach or violation of any of these Terms; (iii)your violation of the rights of any third party, or (iv) your violation or alleged violations of applicable laws or regulations, including anti-spamming rules, regulations, laws, statutes. Mosaic Pharmacy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Mosaic Pharmacy in asserting any available defenses.
12. Other Provisions
CHOICE OF LAW. These Terms are governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflict of law principles. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in or serving Delaware. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by such federal and/or state courts. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by such federal or state courts and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court.
Notice
Mosaic Pharmacy may give notice by means of a general notice on the Chatbot Services, electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre- paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration 3 days after mailing or posting (if sent by first class mail or pre-paid post) or upon confirmed delivery (if sent by email or telephone). You may give notice to Mosaic Pharmacy , with such notice deemed given when received by Mosaic Pharmacy, at any time by e-mail to legal@mosaicpharmacy.com.
Entire Agreement.
Except as expressly provided herein, these Terms and the Privacy Policies referenced herein constitute the entire agreement between you and Mosaic Pharmacy with respect to the use of the Chatbot Services.
General.
You may not assign these Terms without Mosaic Pharmacy’s prior written approval. Mosaic Pharmacy may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Mosaic Pharmacy’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Mosaic Pharmacy or any third party service provider as a result of this Agreement or use of the Chatbot Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Mosaic Pharmacy’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Mosaic Pharmacy in writing. Please contact us at info@mosaicpharmacy.com with any questions regarding these Terms.