SMS Texting Terms and Conditions

Last Updated: September 2024

Please read these terms and conditions carefully regarding our SMS Texting Service. You are agreeing to or have agreed to opt-in to receive non-marketing and marketing text messages from Pharmetika, LLC, including text messages made with an autodialer, at the telephone number(s) that you provide. You may opt-out (see instructions below) of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

You also accept and agree to be bound by these SMS Texting Terms and Conditions, our Privacy Policy and any other applicable terms and agreements related to your use of Company's services.

Program Description

Company may use an automatic telephone dialing system ("autodialer") to deliver text messages to you. Text messages may include but not be limited to lab results, prescriptions, appointments, and billing.

Message Frequency

After opt-in, you may receive an initial confirmation text message. After that, the specific number of text messages may vary depending on how you use the Company's services and the types of text messages you registered to receive.

Cost

Message and data rates may apply to each text message sent or received, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Company does not impose a separate fee for sending text messages.

Supported Carriers

Supported carriers may change from time to time, but currently include AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, Nextel & Virgin Mobile. T-Mobile is not liable for delayed or undelivered messages.

How to Opt-In

To opt-in to receive this SMS Texting Service, fill out the form at the link provided.

How to Opt-Out

To stop receiving text messages, text "STOP" to the number sending the messages. When you opt-out, you agree to receive a text confirming that your opt-out choice has been recorded.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for notifying us immediately if you change your mobile telephone number. You agree to indemnify Company in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Company if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Privacy

Data obtained from you in connection with the text messages may include your name, address, mobile phone number, your mobile service provider's name, and the date, time, and content of your messages. Our use of this information will be in accordance with our Privacy Policy. Your mobile carrier and other service providers may also collect data about your mobile device usage, and their practices are governed by their own policies.

Access or Delivery to Mobile Network is Not Guaranteed

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Company's control, and Company is not responsible or liable for issues arising from them.

Support/Help

For assistance with the SMS Texting Service or to obtain additional information, you can text "HELP" to the number texting you.

Eligibility

To receive text messages, you must be a resident of the United States and 18 years of age or older. Company reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

We reserve the right to modify these SMS Texting Terms and Conditions, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your continued enrollment in the SMS Texting Service shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

Termination of Text Messaging

Company may suspend or terminate your receipt of text messages if Company believes you are in breach of these SMS Texting Terms and Conditions. Your receipt of text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Company reserves the right to modify or discontinue, temporarily or permanently, all or any part of text messages, with or without notice.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SMS TEXTING SERVICE, APPLICATIONS OR CONTENT THAT YOU RECEIVE FROM US, AND DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. THIS SMS TEXTING SERVICE COULD INCLUDE INACCURACIES, OTHER ERRORS OR MAY NOT FUNCTION IN THE MANNER YOU ANTICIPATED. FURTHERMORE, WE ARE NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OR OMISSIONS OF OTHERS, ATMOSPHERIC CONDITIONS OR ACTS OF GOD. WE DO NOT PROMISE ERROR-FREE SMS TEXTING SERVICE. WE WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY SMS MESSAGES AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR NETWORK OPERATOR.

Limitation of Liability

We are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney's fees.

Applicable Law

Except as otherwise provided herein, your use of this SMS Texting Service under this Agreement is governed by the laws of the State of Wisconsin.