If you (“Pharmacy”) use the SMS, Texting, and Voice services (“Communication Services”) in Liberty’s software products you agree to be bound by these SMS and Voice Service Terms (“Messaging Terms”):

PHARMACY RESPONSIBILITES
You will: (a) be solely responsible for all use of the Communication Services under your account; and (b) use the Communication Services only in accordance with these Messaging Terms, The Twilio Acceptable Use Policy (“AUP”), available at https://www.twilio.com/legal/aup, and applicable law or regulation.  You acknowledge that telecommunications providers’ networks are inherently insecure and the Communication Services are not providing an encrypted message to the recipient.  You agree that you will not transmit patient PHI using these Communication Services.

SUSPENSION OF COMMINICATION SERVICES
Liberty or Liberty’s communication provider may suspend the Communication Services immediately and without notice if Liberty or Liberty’s communication provider determines (a) that you materially breached any provisions of these Messaging Terms, including obligations under the current Twilio Acceptable Use Policy; (b) there is an unusual and material spike or increase in your use of the Communication Services and that such traffic or use is fraudulent or materially and negatively impacting the operating capability of the Communication Services; (c) that its provision on the Communication Services is prohibited by applicable law or regulation; (d) there is any use of the Communication Services by you that threatens the security, integrity, or availability of the Communication Services; or (e) that information provided in your account is untrue, inaccurate, or incomplete.  You remain responsible for the Fees.

FEES
You agree to pay the fees based on Liberty’s current applicable rate for these Communication Services.  All fees are exclusive of any applicable taxes, levies, duties, or other similar exactions imposed by a legal, governmental, or regulatory authority in any appliable jurisdiction, including, without limitation, sales, use, value-added, consumption, communications, or withholding taxes (collectively “Taxes”).  You will pay all Taxes associated with these Messaging Terms.  All fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”), you will pay all Communications Surcharges associated with your use of the Communication Services.  You will pay all costs, fines, or penalties that are imposed on Liberty or Liberty’s communication provider by a government or regulatory body or a telecommunications provider as a result of your use of the Communication Services.  Payment obligations are non-cancelable and fees, Taxes, and Communications Surcharges (collectively, “Fees”), once paid, are non-refundable.

YOUIR DATA
You grant Liberty, its Affiliates, and Liberty’s communication provider the right to process your data as necessary to provide the Communication Services in a manner that is consistent with these Messaging Terms.  You are responsible for the quality and integrity of your data.  You represent and warrant that you have provided and will continue to provide adequate notices, and that you have obtained and will continue to obtain the necessary permissions and consents, to provide data to Liberty and Liberty’s communication provider.

DISCLAIMER
WITHOUT LIMITING A PARTY’S EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMMUNICATION SERVICES ARE PROVIDED “AS IS,” AND NEITHER PARTY MAKES ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.  LIBERTY ADDITIONALLY DISCLAIMS ALL WARRANTIES RELATED TO TELECOMMUNICATIONS PROVIDERS. YOU ACKNOWLEDGE THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE AND THAT LIBERTY WILL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

LIMITATION OF LIABILITY
IN NO EVENT SHALL LIBERTY SOFTWARE, INC. OR ITS AFFILIATES, AGENTS, ADVERTISERS, OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE, OR PROFITS, OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE THE COMMUNICATION SERVICE.  THE LIMITATIONS OF LIABILITY IN THIS SECTION APPLY REGARDLESS OF LEGAL THEORY WHETHER LIBERTY SOFTWARE, INC. HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO COMMUNICATION SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU FOR COMMUNICATION SERVICES TO LIBERTY FOR THE PAST TWELVE MONTHS.

INDEMNIFICATION
You will defend Liberty, its Affiliates, and each of their directors, officers, and employees (collectively, “Liberty Indemnified Parties”) from and against any claim, demand, suit, or proceeding made or brought against a Liberty Indemnified Party by a third party alleging or arising out of your breach of the Section “Pharmacy Responsibilities” above.  You will indemnify Liberty from any fines, penalties, damages, attorneys’ fees, and costs awarded against a Liberty Indemnified Party or for settlement amounts.

Modifications to this Agreement
Liberty may change these Messaging Terms from time to time and the most current version will always be accessible at https://libertysoftware.com/pharmacyone-legal.  Liberty will notify Pharmacy of such revisions via email.  The current version will become effective 30 days after such notice.  The AUP may be updated by Twilio from time to time.  Twilio AUP revisions are effective immediately.  Pharmacy’s continued use of the Messaging Service after such revisions become effective shall constitute your acceptance of such revisions to these Messaging Terms.  If Pharmacy does not agree to the revised Messaging Terms or updates to the Twilio AUP, Pharmacy shall stop using the Communication Services.

Term
These Terms will commence upon use of the Communication Services and shall terminate upon termination of the PharmacyOne software license.