Text messaging policy

Macbach, LLC and its affiliates (collectively, “we,” “our,” or “us”) may make text messaging services available, through which you can receive messages from us and send messages to us on your mobile phone (“text messaging services”). You generally receive text messages only after consenting, directly or through a Macbach customer, or under limited circumstances permitted by law.

By using the text messaging services you agree to these terms, which incorporate the Terms of Use by reference. If you disagree with these terms, do not use the services. You can stop messages at any time by replying STOP.

Opt-in

To receive text messages from us, you must opt in by following the instructions for the specific program. By signing up, you consent to Macbach using an automatic dialing system to deliver text messages to the mobile number you provided. Consent to receive text messages is not a condition of purchase.

One-time messages

If you opt into a one-time message service, you will receive a single message with the information or service requested.

Recurring messages

If you opt into a recurring messaging service, you will receive messages at the frequency described when you sign up. Subscribers may occasionally receive a subscription-continuity message. You must reply affirmatively to that message to stay subscribed.

Interactive messages

If you opt into an interactive service, the number of messages you receive will depend on the conversation you are engaged in.

Healthcare messages

If your healthcare provider has signed up for our text messaging services, you may receive appointment reminders and other healthcare messages as defined by the Health Insurance Portability and Accountability Act of 1996. Under limited circumstances these are exempt from the Telephone Consumer Protection Act and are sent at your provider’s request. Your healthcare provider represents and warrants that they have provided your correct and current mobile number and have obtained your consent to receive these messages. The volume of reminders and healthcare messages depends on what your provider sends. When you reply and continue a conversation, you agree that we may continue to text you. For questions about specific healthcare messages, contact your healthcare provider directly or reply HELP.

Privacy

Information we collect through the text messaging services is handled under our Privacy Policy.

Cancellation

To cancel a subscription for a specific program at any time, reply STOP to any message from that program. You will receive a final confirmation message and no further messages from that program. You may still receive messages from other programs you have opted into until you reply STOP to each. We reserve the right to terminate the text messaging services, in whole or in part, at any time without notice.

Help

Reply HELP to any message at any time for assistance. We will respond with instructions on using the service and how to unsubscribe. For additional support, email privacy@macbach.com.

Rates

Standard message and data rates may apply to messages we send or you send. Contact your wireless provider for questions about messaging or data plans. The number of messages you receive depends on the programs you sign up for and your continued conversation.

Account holder

You represent and warrant that you are the account holder for the mobile number you provided. If you are not the account holder, you represent and warrant that you have the account holder’s consent to sign up for and use the services. If you do not have that consent, reply STOP immediately.

Carriers

Services may not be available on all carriers. We deliver messages to mobile carriers supported by our third-party provider, which currently include major U.S. carriers (AT&T, Verizon Wireless, T-Mobile, U.S. Cellular) and many regional carriers. The carrier list may change without notice.

Disclaimer

Messages are sent through a third-party provider, and we do not control every factor related to delivery. To the extent permitted by applicable law, we do not claim or guarantee the availability or performance of the text messaging services, including transmission delays, message failure, accuracy, or error-free operation. Message receipt depends on your wireless carrier. Services may not be compatible with all devices. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

You acknowledge that text messages are sent through wireless systems that use radio and other means to transmit communications across complex networks. We do not guarantee that your use of the services will be private or secure, and we are not liable for any lack of privacy or security you may experience. You are responsible for taking reasonable precautions for your situation and intended use.

Dispute resolution

We expect that most disputes can be resolved directly. Before starting any arbitration, you agree to discuss the matter informally with us for at least thirty (30) days. Mail your full name, contact information, the concern, and your proposed resolution to Macbach, LLC, 200 Central Avenue, St. Petersburg, Florida 33701, Attn: Legal.

If we cannot mutually agree on a resolution after 30 days, you agree that Macbach will resolve any claim related to the text messaging services through binding arbitration administered by JAMS and governed by the then-current JAMS Streamlined Arbitration Rules and Procedures. You agree to begin any arbitration within one (1) year after your claim arises; otherwise, the claim is waived.

You agree to arbitrate in your individual capacity only, not as a representative or member of a class. Arbitration is held exclusively in Pasco County, Florida. Each party is responsible for its own costs, including JAMS filing, administrative, and arbitrator fees under JAMS rules. To select an arbitrator, each party provides a list of two available arbitrators with relevant subject-matter experience. Each party may strike one name from the other party’s list. The remaining names are considered; if the parties cannot agree, JAMS selects randomly from the remaining arbitrators. The arbitrator’s decision is binding and may be entered as a judgment in any court of competent jurisdiction.

Contact

Questions about this policy: privacy@macbach.com.