Macbach Healthcare Solutions LLC and its affiliates (collectively, “we,” our,” or “us”) may make available text messaging services in which you can receive messages from us and send messages to us on your mobile phone (the “text messaging services”). Generally, when you receive a text message from us, you have consented to receive text messages from us (or a third party who is our customer), or we can text you under limited circumstances under the law.
By using our text messaging services, you agree to these terms and conditions, which incorporate our Terms of Use by this reference. If you disagree with these terms and conditions, please do not use the text messaging services. You can stop messages at any time by replying “STOP.”
Opt-In
To receive text messages from us, you must opt-in to the text messaging services by following the instructions for the specific text messaging program. By signing up for the text messaging services, you consent to Macbach using an automatic dialing system to deliver text messages to the mobile phone number you have provided to transmit these text messages. Your consent to receive text messages from us is not a condition of purchase.
One-Time Text Message Services
If you opt for a one-time text message service, you will receive a one-time message with the requested information or service.
Recurring Messaging Service
If you opt for recurring messaging services, you will receive messages at the rate described when you sign up for the specific text messaging program. Subscribers to recurring text messaging services may receive a subscription continuity opt-in text message occasionally. This text message confirms that you wish to continue your subscription to the text messaging services. You must positively reply to the subscription continuity text message to remain subscribed to the text messaging services.
Interactive Text Messaging Services
If you opt for interactive text messaging services, the number of messages you receive will vary depending on the type of conversation you are engaged in.
Healthcare Messages
Suppose your healthcare provider has signed up for our text messaging services. In that case, you may automatically receive appointment reminder messages and other health care messages, as defined by the Health Insurance Portability and Accountability Act of 1996. Under limited circumstances, they are exempt from the Telephone Consumer Protection Act and sent at your healthcare provider’s request. Your healthcare provider has represented and warranted that they have provided us with your correct and current mobile phone number. And that they have received your consent to use an automatic system to deliver appointment reminder messages and other informational health-related messages to your phone number. The number of appointment reminders and other healthcare messages sent to you will depend on the number of messages sent by law. In such case, when you respond to a text message and start a conversation with us, you agree we may continue to text you. Suppose you have questions about the healthcare messages sent by your healthcare provider; you can read more here, contact your healthcare provider directly, or reply “HELP” within the text message for additional information.
Privacy
We will use the information we obtain with the text messaging services per our Privacy Policy.
Cancellation
To cancel your text messaging subscription for a specific program at any time, simply reply “STOP” to any text message from us for that particular program. You will receive a final text message to confirm your unsubscribe request, and you will receive no further text messages from us for that specific program. You may still receive notifications from us for any other text messaging program you have opted into until you reply “STOP” to a message regarding that specific text messaging program. We reserve the right to terminate the text messaging services, in whole or in part, at any time without notice.
Help
You can reply “HELP” to any text message sent from us at any time if you need assistance with the text messaging service. We will respond with a text message with instructions on using the services and unsubscribing. For additional support services, you may email privacy@macbach.com.
Text Messaging and Data Rates
Standard message and data rates may apply to any messages we send or to you. Please get in touch with your wireless provider with any questions regarding text messaging or data rates and plans. We base the number of text messages you receive on the text messaging services you sign up for and your continued conversation.
Account Holder
You represent and warrant that you are the account holder for the mobile phone number you provided. If you are not the account holder, you represent and warrant that you have the consent of the account holder to sign up for and use the text messaging services and enter into this agreement. If you are not the account holder or do not have the account holder’s consent, reply “STOP” immediately.
Carriers
Services may not be available on all carriers. We are able to deliver messages to the mobile phone carriers supported by our third party text messaging service provider, which currently include the following phone carriers and are subject to change at any time: AT&T, Verizon Wireless, Sprint (now part of T-Mobile), T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Disclaimer
Text messages are sent via a third-party service provider, and we do not control all factors related to message delivery. To the extent permitted by applicable law, we do not claim or guarantee the availability or performance of our text messaging services, including transmission delays, message failure, accuracy, or that the services will be error-free. The receipt of messages is dependent on your mobile service provider. The text messaging services may not be compatible with all mobile phone 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 and agree that the text messages are sent via wireless systems that use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use of the text messaging service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the text messaging services.
Dispute Resolution
We believe we will resolve most disputes or issues you may have using our services. In the unlikely event we are not able to resolve a dispute or problem, you agree to the following resolution process:
Before initiating any arbitration proceeding, you agree to discuss the matter informally with us for at least thirty (30) days. To do that, please mail your full name and contact information, your concern, and your proposed solution to us at Macbach Healthcare Solutions, 200 Central Avenue, St. Petersburg, Florida 33701, Attn: Legal Department.
Suppose we cannot mutually agree upon a resolution after 30 days. In that case, you agree that Macbach Healthcare Solutions will resolve any claim you may have against us regarding the text messaging services through binding arbitration administered by JAMS and governed by the then-current JAMS Streamlined Arbitration Rules and Procedures. We must address any issues you might have promptly. To help us do that, you agree to begin any arbitration within one (1) year after your claim arises; otherwise, we waive your right to make a claim.
We prefer to resolve our issues with you directly. Accordingly, you agree to arbitrate with us only in your capacity, not as a representative or member of a class. As such, your claims may not be part of other claims, and there will be no authority for any dispute to be arbitrated on a class-action basis or brought by a purported class representative.
You agree that arbitration is held exclusively in Pasco County, Florida. Each party will be responsible for its costs, including paying any JAMS filing, administrative, and arbitrator fees per JAMS rules. To select an arbitrator, each party agrees to provide a list of two available arbitrators with experience with the subject matter. Each party may strike one name from the other party’s list. The parties will select an arbitrator out of the remaining two arbitrator names. If the parties cannot mutually agree on one arbitrator, JAMS will choose the arbitrator randomly from the two remaining arbitrators. You must understand that the arbitrator’s decision will be binding and entered as a judgment in any court of competent jurisdiction. If you’re not sure what all of this means, of course, please feel free to ask an attorney.