Video Visit Terms of Service

MOSAIC PHARMACY SERVICE

Effective Date: September 15, 2020

These Terms of Service (“Terms”), along with any documents referred to in them, apply to your access and use of the Video Visit Service of Mosaic Pharmacy Service (“Mosaic Pharmacy,” “we” or “us”). Please read these Terms carefully before using or accessing the Video Visit Service.

BY ACCESSING OR USING THE VIDEO VISIT SERVICE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE VIDEO VISIT SERVICE.

We periodically review these terms and may, without advance notice, revise the Terms from time to time. The “Effective Date” legend at the top of this page indicates when these Terms were last revised. Any changes we make will become effective when we post the revised Terms. Your use of the Video Visit Services following these changes means that you accept the revised Terms.

Video Visit Service. The Video Visit Service provides video visits between you and Mosaic Pharmacy, which are appointments conducted over the internet through a shared video call (“Video Visit Service” or “Service”). They require a smart phone, tablet or a computer with a camera and an internet connection. This Service allows you to interact virtually with Mosaic Pharmacy staff and it may include additional features, such as audio, video and photo recording and snapshots. Video Visits are monitored for quality and training purposes. We reserve the right, in our discretion, at any time, to discontinue or end the Service and/or to change, limit, modify or withdraw the Service including any feature of the Service. The Service may not be available at all times or in all locations and is not intended for use outside the United States.
User Representation. The Service is designed for adults age 18 years or older located in the United States. By using the Service, you and any caregiver you invite to participate in the Video Visit, represent, acknowledge and agree that you are each at least 18 years of age, that you are physically located in the United States and that you possess the legal right and ability to be bound by these Terms and to use this Service. If you are using or accessing the Service as a legal guardian or personal representative, then in addition to the prior representations, you also represent and warrant that you are the individual’s legally authorized guardian or representative. In addition, you represent that the information you provide to us is your personal information (or the personal information of the individual to whom you are the legal guardian, personal representative or caregiver and for whom you have permission to disclose and discuss with us.
Information We Collect. During the Video Visit and while you are using the Service, we collect and store two types of information: information that you provide directly to us and information that is automatically provided to us or collected through your use of the Video Visit Service (collectively “Information”). Such Information may include personal information about you, including personal health information. Personal information is information that we can use to identify, locate or contact you, such as your name, email address, postal address, phone number or an IP address. Personal health Information is information about you and your health conditions, treatments, insurance and medications.

When you use the Service, you provide personal information and personal health information directly to us, verbally and visually. If you provide consent, as discussed in Section 4 below, we may also take and collect audio, video and photo recordings and snapshots (“Recordings and Photos”) which contain personal information and personal health information.

In addition to information you provide directly to us, we also obtain automatically collected information through the Video Visit Service. We may use common technologies such as cookies, tokens, tags, beacons, scripts and web server logs as well as functionality that can collect data from the device you use to access the Service. This automatically collected information may include demographic, de-identified, aggregated or certain information collected through your device such as technical information about your device, web browser information, server log files collected by us or provided by you, your unique device identifier, (such as an IP address) and precise geolocation information.

You may limit the Information you provide or make available to us if you want but that may limit your ability to access or use the Service as well as our ability to provide medication reviews and other pharmacy services.
Recordings and Photos. During the Video Visit, we may also take and collect audio, video and photo recordings and snapshots (“Recordings and Photos”) which contain personal information and personal health information (such as copies of your medications and prescriptions) but only if you provide your permission and consent for us to do so before hand. Taking and collecting Recordings and Photos during the Video Visit helps us perform the medication review and accurately record information about you in your pharmacy record. Providing consent for us to take and collect Recordings and Photos is not a condition or requirement of using the Video Visit Service. The decision to allow us to take and collect Recordings and Photos is voluntary. You are not obligated to provide your consent. You may decide not to provide your consent for Recordings and Photos. You may also revoke any consent given for Recordings and Photos at any time during the Video Visit or thereafter by contacting us. If you provide your consent, we will only use the Recordings and Photos in support of the Pharmacy services we provide to you, and in accordance with Section 5 below. We will not use the Recordings and Photos for marketing purposes.
Use and Disclosure of Information. We use and disclose your Personal Information, including Personal Health Information and Recordings and Photos taken with your permission, in accordance with our Notice of Privacy Practices. We may combine information collected from you through the Video Visit with information we receive from and/or about you at other times from yourself or other sources, such as your health insurer or doctor. In addition, we may use and disclose Information we collect including Recordings and Photos as follows:
1. To contact you regarding any pharmacy services you receive.
2. For quality, training and record keeping purposes.
3. In connection with and to our service providers who provide services for us, such as video conferencing, information technology and related infrastructure services, customer service, support and other services.
4. If we are required by federal, state or local law or requested by law enforcement officials or judicial authorities to provide personal information.
5. If we are required to disclose such information to the Secretary of the US Department of Health and Human Services or any other health oversight agency or authority.
Confidentiality/Record Retention. Existing laws regarding privacy and security of your personal health information apply to the Service and the audio and video information transmitted and received as part of the Service. We provide the same degree of confidentiality to Information obtained through the Service as is given to personal health information communicated through other mediums. We store and keep your Information, including Recordings and Photos, collected through the use of the Service within the United States for as long as necessary to provide you pharmacy services and for as long as required to retain such Information under applicable laws (which is at least 6 years under many healthcare privacy regulations and 10 years under Medicare/Medicaid regulations) and for other legitimate legal reasons.
Security. We are only responsible for the security of the computer systems we own or license to use, control and/or operate. We use a combination of reasonable technical, physical and administrative safeguards to maintain the security of your information within the computer systems we own or license to use, control and/or operate. This includes using Transport Layer Security (“TLS”) to encrypt the Service within our computer systems. Unfortunately, no method of data transmission or storage is completely secure. If you have questions or concerns regarding the security of your Information please contact us.

It is your responsibility to safeguard the devices you use to access the Service (such as computers, tablets and mobile devices) and to use appropriate security settings on those devices.
Responsibility for Hardware, Software, Telecommunications and other Services. You are responsible for obtaining, maintaining and paying for all hardware, software and telecommunications and other services, such as internet services, needed for you to access and use the Video Visit Service. In particular, you acknowledge that by using the internet to use the Video Visit Service you may incur charges from your wireless carrier, internet service provider or other method of internet access and that payment of any such charges is your sole responsibility. Be aware that if you are using a cellular connection, it may use a significant amount of wireless data per minute. Any costs associated with cellular data usage are solely your responsibility. Mosaic Pharmacy does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent or provided over such networks.
NOT FOR EMERGENCIES. Video Visits and the links provided for video visits are not intended to be and should not be used to address emergencies or life threatening medical conditions. Video visit services may not be available at all times and in all locations.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR THINK YOU HAVE A MEDICAL OR MENTAL HEALTH EMERGENCY, YOU SHOULD DIAL ‘911’ IMMEDIATELY OR GO TO THE NEAREST EMERGENCY ROOM.
NO MEDICAL ADVICE. While the video visits allow patients to discuss their medications and may allow patients to communicate with healthcare staff in the pharmacy, we cannot and do not provide medical advice or medical care.

VIDEO VISITS ARE NOT INTENDED TO BE AND SHOULD NOT BE USED FOR MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. VIDEO VISITS ARE NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM YOUR DOCTOR (OR OTHER QUALIFIED HEALTHCARE PROVIDERS) WHO IS FAMILIAR WITH YOUR SITUATION. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR DOCTOR (OR OTHER QUALIFIED HEALTHCARE PROVIDER) REGARDING ANY MEDICAL CONDITION, YOUR PERSONAL HEALTH, AND BEFORE STOPPING, CHANGING OR STARTING ANY TREATMENT.

INTERACTION WITH PHARMACY STAFF THROUGH VIDEO VISITS IS NOT INTENDED TO TAKE THE PLACE OF APPOINTMENTS WITH YOUR DOCTOR. DO NOT DISREGARD MEDICAL ADVICE FROM YOUR DOCTOR OR OTHER HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION PROVIDED OR DISCUSSED DURING A VIDEO VISIT.
NOT INSURANCE. The Video Visit Service is not an insurance product, a healthcare provider or a health plan.
WARRANTY DISCLAIMER. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN OR OTHERWISE PROHIBITED BY LAW, THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOUR ACCESS TO AND USE OF THE SERVICE ARE AT YOUR SOLE RISK. MOSAIC PHARMACY DOES NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES MOSAIC PHARMACY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICE, NOR DOES MOSIAC PHARMACY PROVIDE ANY WARRANTY RELATED TO THE ACCURACY, ADEQUACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THE SERVICE. MOSAIC PHARMACY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE. MOSAIC PHARMACY HAS NO RESPONSIBILITY FOR THE FAILURE TO STORE ANY USER COMMUNICATION.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN OBTAIN BY YOU FROM MOSAIC PHARMACY IN ANY MANNER THROUGH THE SERVICE CREATES ANY WARRANTY BY MOSAIC PHARMACY.
LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL MOSAIC PHARMACY BE LIABLE TO YOU, YOUR CAREGIVER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO YOUR ACCESS OR USE OF THE SERVICE OR THE INTERNET GENERALLY INCLUDING, WITHOUT LIMITATION, YOUR INABILITY TO USE THE SERVICE, ANY USE OR INTERPRETATION OF THE SERVICE, AND ANY CHANGES TO THE SERVICE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. EVEN IF MOSAIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOUR SOLE REMEDY FOR DISSATISAFCTION WITH THE SERVICE AND/OR ANY DAMAGE RESULTING FROM THE SERVICE IS TO STOP USING THE SERVICE.
INDEMNIFICATION. You agree to indemnify, hold harmless and defend Mosaic Pharmacy, its parent and affiliated entities, and each of their respective stockholders, members, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person or entity, arising out of or relating to: (a) your use of the Service and (b) any violation of these Terms of Service.
DISPUTES, GOVERNING LAW AND VENUE. All matters relating to this Service and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule of any other jurisdiction. You irrevocably submit to the exclusive jurisdiction of the state and federal courts in the State of Delaware and waive any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these Terms of Use, Mosaic Pharmacy will be entitled to all costs and attorney fees it incurs. Any cause of action or claim you have regarding the Service must be commenced within one year after the claim or cause of action arises, or the claim or cause of action is barred.
Notices. Notice to Mosaic Pharmacy may be given only by written delivery to:

RxAnte Pharmacy Services, LLC dba Mosaic Pharmacy Service
21630 Ridgetop Circle, Suite 100
Sterling, VA 20166
With a copy to the legal dept. at the same address.
Contact Us. If you have a question or complaint regarding the Service, please contact us at the notice address above or call us at
1-888-818-6337