Terms of Use
Effective Date – July 20, 2022
This website, as well as any and all associated websites, mobile sites, and mobile applications (collectively referred to as “Website”) is operated by Mosaic Software LLC ("us/we/our/Mosaic"). "You/your" means you as a user of the Website. We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices in this agreement (“Terms of Use”). Your continued use of this Website constitutes your agreement to these Terms of Use. If at any time you do not agree to these Terms of Use, please do not use this Website
IMPORTANT NOTICE: THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE “BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES” SECTION BELOW FOR MORE DETAILS.
BY REGISTERING FOR OUR SERVICES, PLACING AN ORDER FOR PRODUCTS OR SERVICES, OR OTHERWISE ACCESSING OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF USE. YOU FURTHER REPRESENT AND WARRANT THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF USE. IF AT ANY TIME YOU FIND THESE TERMS OF USE UNACCEPTABLE OR IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE. WE MAY REVISE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE TO YOU.
YOU MAY NOT ACCESS OR USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF USE, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
You shall not use the Website for any illegal purposes, and you hereby agree that you will use it in compliance with all applicable laws and regulations. You shall not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired. You agree not to attempt any unauthorized access to any part or component of the Website.
Certain areas, features, or functionality of the Website may be subject to different or additional terms, rules, guidelines or policies (“Additional Rules”), and we may provide such Additional Rules to you via postings, pop-up notices, links, or any other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms of Use. In the event of such a conflict, the Additional Rules will control. Any reference to the “Terms of Use” in this agreement includes the Additional Rules.
Disclosures and Acknowledgments
You expressly agree and acknowledge that Mosaic (i) is a technology platform; (ii) is not a cannabis retailer, cultivator, or brand; (iii) does not provide delivery of any cannabis or process payments for cannabis; and (iv) does not cultivate, manufacture, package, label, test, or sell cannabis. You are solely responsible for ensuring that your products or services are offered in a safe, legal, and compliant manner. You acknowledge and agree that nothing in connection with the Website or Mosaic’s provision of products or services to you shall be construed as legal advice or any other representation from Mosaic regarding the legality of your business. For questions regarding the legal compliance or implications of your business, we recommend that you consult a qualified legal professional or obtain other applicable professional advice. You expressly acknowledge, understand, and agree that you assume full responsibility for cooperating with the laws of your jurisdiction while using the Website and Mosaic’s services and that Mosaic shall have no liability to you or any other party related to any claims or legal enforcement brought against you in connection with your business.
Children
Our Website is not intended for children. If you are under the age of 18, you are not allowed to use the Website or submit any personal information to us. By accessing and using the Website, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms of Use.
Account Creation and Passwords
To access certain portions of the Website, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Website. You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.
Intellectual Property Ownership and Use
You acknowledge and agree that all of our trademarks, logos, copyrights, and any and all other intellectual property rights in all material or content contained within this Website (the “Mosaic Content”) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent. For avoidance of doubt, the Mosaic Content includes all Website content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, articles, posts, data compilations and the design, selection, and arrangement thereof.
We grant you the limited right to access and make use of the Website as our customer pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. This license is available to you as long as you are not barred from the Website by applicable law and your access is not terminated by us. If these Terms of Use are not enforceable where you are located, you may not use the Website. Mosaic reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws. You shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any Mosaic Content for any commercial purpose; (b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Mosaic Content; (c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; (d) engage in any activity that interferes with the Website or another user’s ability to use the Website; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website, the Mosaic Content, or the goods or services offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use. Any unauthorized use of the Mosaic Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. Any unauthorized use of the Website or any Mosaic Content automatically terminates the limited licenses set forth in these Terms of Use without prejudice to any other remedy provided by applicable law of these Terms of Use. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.
You may not use, copy, distribute, or exploit any of the Mosaic Content in any manner without our prior written permission.
User Content
The Website contains or may contain various interactive portions, such as the ability for users to leave product reviews on our Website ("Online Services"). We have no obligation to actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted, submitted, or uploaded by a user (“User Content”) express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever. We may take these actions without prior notification.
If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to support@mosaic.green. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
User Content becomes public information. You are responsible for User Content, and acknowledge that once published, we cannot always remove it. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information on our Website as User Content, others will be able to see and use this information, and it will be publicly available.
If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit in any manner the User Content, and in any other media, now known or hereafter devised.
If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.
YOU REPRESENT AND WARRANT THAT:
- YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRIBUTE ALL USER CONTENT YOU SUBMIT
- YOU ARE THE SOLE CREATOR OF ALL USER CONTENT, OR IF YOU ARE NOT THE SOLE CREATOR, YOU HAVE OBTAINED WRITTEN CONSENT FROM ANY THIRD PARTIES WHO HAVE CREATED OR HELPED CREATE SUCH USER CONTENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE AND TO GRANT THE LICENSE REQUIRED UNDER THIS SECTION
- ALL PERSONS FEATURED IN ANY USER CONTENT HAVE PROVIDED YOU WITH THEIR CONSENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE AND TO GRANT THE LICENSE REQUIRED UNDER THIS SECTION
Non-Confidentiality
Communications and content submitted on or through the Website shall not be deemed confidential and we shall not have any obligation to keep any such material confidential. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
User Conduct
By using our Website, you agree that:
You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
- You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
- You agree not to use the Website in any manner that consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. You agree not to use the Website in any manner that copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Website or any portion thereof.
- You agree not to use the Website in any manner that violates, or encourages anyone to violate, these Terms of Use (including any Additional Rules) or the Privacy Policy.
- You agree not to use the Website in any manner that violates, or encourages another party to violate, any applicable local, state, national, or international law, regulation, or order.
- You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods, or services, including but not limited to, junk mail, spam and chain letters.
- You will not make any false claims about our products.
Copyright Infringement Notice
We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email at the following address: support@mosaic.green. In the subject line of your message, please include “Re: Claim of Copyright Infringement”.
In order for us to more effectively assist you, the notification must include all of the following:
- A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other right you claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the App; Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.
No Framing
Without our prior written permission, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Website, or incorporate any intellectual property of the Website, Mosaic, or any of its licensors into another website or other service.
Privacy
We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Website is governed by our Privacy Policy.
Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or services, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.
Changes to Website or These Terms of Use
Other than as may be required by law, we reserve the right to modify or terminate, temporarily or permanently, the Website (or any part of it, including any products or services associated therewith) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any such modification or termination.
We may alter these Terms of Use from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Website.
The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension, modification, or termination of all or part of the Website.
External Websites and Resources
We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources. We do not guarantee that the products or services offered on any third-party websites or services will be legal in your jurisdiction of residence. It is your responsibility to verify the legality of any such products or services.
Orders, Price and Resale
Nothing on the Website constitutes a binding offer to sell you any products or services described on the Website or to make such products or services available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Website are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase or you have already paid for the products and your order is canceled, we will issue a full refund to your credit card account or will otherwise refund any money you have paid for such cancelled products.
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
DISCLAIMERS
WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE CONTENTS OF THE WEBSITE, INCLUDING PRODUCTS OR SERVICES OFFERED THEREON. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR
THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.
FURTHER, MOSAIC DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE WEBSITE. UNDER NO CIRCUMSTANCES WILL MOSAIC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE WEBSITE.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER LAW, WE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, ARISING IN ANY WAY OUT OF YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE WITHIN OUR CONTEMPLATION. FOR AVOIDANCE OF DOUBT, YOU ARE WAIVING ANY AND ALL CLAIMS FOR, WITHOUT LIMITATION,
LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS), DAMAGES RELATED TO PERSONAL INJURY/ DEATH, OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE WEBSITE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD-PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
IN ADDITION, WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF MOSAIC, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE WEBSITE. ACCORDINGLY,
MOSAIC ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
INDEMNIFICATION
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR MISUSE OF THE WEBSITE, OR ANY MISUSE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT, ALL AS DETERMINED IN OUR SOLE DISCRETION. WE RESERVE THE RIGHT, AT OUR EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND, IN ANY CASE, YOU AGREE TO COOPERATE WITH US IF AND AS REQUESTED BY US IN THE DEFENSE AND SETTLEMENT OF SUCH MATTER.
BINDING ARBITRATION REQUIREMENT FOR RESOLUTION OF DISPUTES
By using the Website, you agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (“Disputes”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the dispute and allowing the receiving party thirty (30) days in which to respond to or settle the dispute. Notice shall be sent to:
- Notice to Mosaic: You must send notice (1) by electronic mail to support@mosaic.green and (2) by first-class or certified mail to Mosaic at 327 N Pearl St, Brockton, MA 02301
- Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.
IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.
Any such Dispute shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. [“JAMS”] for binding individual arbitration under its arbitration rules then in effect, as amended by this agreement to arbitrate. Disputes shall be administered by JAMS pursuant to the following conditions:
- Any hearings shall be held at the JAMS regional office located in New York, New York, provided that if the claim is for $5,000.00 or less, either party may choose to have the arbitration conducted (1) solely on the basis of the documents submitted or (2) through a non-appearance based hearing by teleconference or videoconference.
- Selection of the arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein. · The arbitration shall be conducted by a single neutral arbitrator. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Claims for $5,000.00 or less shall be conducted under JAMS’ Streamlined Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator in his or her discretion shall allow reasonable and proportional discovery, to the extent consistent with the claims at issue and the purpose of the arbitration. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Use, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
- The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable. For the avoidance of doubt, you and Mosaic agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim.
- The arbitrator shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- You will be subject to a filing fee to initiate an arbitration at the current JAMS rates. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration.
Choice of Law and Choice of Forum
These Terms of Use have been made in and shall be construed in accordance with the laws of the United States (including federal arbitration law) and the state of New York, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in New York and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.
You and Mosaic acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
Investigations of Violations of These Terms of Use
We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov.
In addition, we are located at 347 Bowery, New York, NY 10003 and may be reached by email at support@mosaic.green. Please contact us to resolve any issues with our Website that you may have.
Miscellaneous
If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Mosaic does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Mosaic has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Mosaic’s rights, and all such rights or remedies shall still be available to Mosaic.
These Terms of Use and our Privacy Policy, and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.
You may send us notices or communicate with us by email at support@mosaic.green. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.