These Text Messaging Terms and Conditions (“Terms”) apply to all persons (“you” or “your”) who provide express consent to receive text messages (including but not limited to SMS and MMS messages) from ExactCare Pharmacy, LLC, or its affiliates, subsidiaries, agents, third-party subcontractors, or third-party vendors on its behalf (collectively, “ExactCare”, “we”, “our”, or “us”). Please read these Terms for important information about ExactCare’s text messaging programs. By providing your mobile phone number you agree to these terms and conditions, which become effective upon your enrollment. THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION REQURING THAT DISPUTES BE ARBITRATED ON AN INDIVIDUAL BASIS INSTEAD OF RESOLVED THROUGH JURY TRIALS OR CLASS ACTIONS.
Text Messages
ExactCare shares information about its pharmacy services by text message (including but not limited to SMS and MMS text messages). You hereby grant ExactCare (including our third-party subcontractors and third-party vendors on behalf of ExactCare as noted above) express consent to send you text messages, regardless of whether the mobile phone number otherwise appears on a federal or state Do Not Call List. Once you opt-in to text messaging, these texts may be sent to your mobile phone number via an automatic dialing system. You acknowledge that text messages will be sent to the mobile phone number you provide to us. These alerts may include limited personal information about your medications and ExactCare’s pharmacy services, and whoever has access to the mobile phone or carrier account will be able to see this information. Once you are enrolled, the frequency of text messages we send to you may vary.
Enrollment and Eligibility
Enrollment in text messaging requires a mobile phone number with an area code within the United States. You may be asked to verify your mobile phone number before receiving our text messages. Participation in our text messaging programs is wholly optional and is not a condition of purchase or service. You must be at least 18 years old to participate in ExactCare text messaging programs. If you are under age 13, do not enroll or attempt to enroll in text messaging from ExactCare under any circumstances. If you are at least 13 years old but under the age of 18, you must get permission from a parent or guardian before enrolling.
Fees and Availability
Although ExactCare does not impose a separate charge for our text messaging programs, your mobile carrier’s message and data rates may apply. You are solely responsible for all message and data charges. ExactCare shall not be held responsible for any charges related to the use of our text messaging service. Text messaging may not be available through all wireless carriers. Carriers are not liable for delayed or undelivered messages.
Opting Out
You acknowledge that you are not required to enroll in any text messaging program from ExactCare, and you may opt out of receiving our text messages at any time. If you no longer want to receive text messages from us, you may revoke consent by opting out of the program. Opt-outs are managed by program; opting out of one program does not revoke your consent to all. See “Program Details” in this document for more information.
Program Details:
Security and Indemnification
By providing your mobile phone number through one of the consent/enrollment methods, you agree that the mobile phone number is yours and that you have permission to use that mobile phone number. It is your responsibility to notify us immediately of the following events:
ExactCare is not responsible for any text messages sent to a wrong phone number or received by an unauthorized individual which occurs because you did not timely notify us of any of the events listed above. You agree that ExactCare shall not be responsible for disclosing information regarding your medications or services to another party if you enter the wrong number or if another person has access or your phone or is otherwise able to view your text messages. YOU AGREE TO REIMBURSE EXACTCARE IN FULL FOR ALL CLAIMS, EXPENSES, DAMAGES, ATTORNEYS’ FEES AND COSTS (INCLUDING, BUT NOT LIMITED TO ANY RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, ET SEQ.) RELATED TO OR CAUSED IN WHOLE OR IN PART BY YOUR FAILURE TO NOTIFY EXACTCARE OF ANY OF THE EVENTS LISTED ABOVE, BY YOU ACCIDENTALLY OR INTENTIONALLY PROVIDING EXACTCARE WITH ANY FALSE OR ERRONEOUS INFORMATION, AND BY ANY USE, NON-USE, OR MISUSE OF ANY TEXTS WE SEND TO YOU.
Privacy
Text messages may include references to your personal health information, including information protected by the Health Insurance Portability & Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009 and accompanying regulations (collectively, “HIPAA”). Since text messaging is unencrypted, there is a risk that this information, including any HIPAA information, could be intercepted or viewed by unauthorized third parties, including anyone who accesses your device. We recommend protecting your mobile device with a password. You receive text messages from us at your own risk. To learn more, please review ExactCare’s Privacy Policy.
We will not share your opt-in to any of our text message programs with any third party for purposes unrelated to providing you with the services of that program.
Disclaimer of Warranties
ExactCare text messages are offered on an “as-is” basis and: (1) may not always be available in all areas, and (2) may not continue to work if your mobile carrier makes changes to your service. No action or inaction by ExactCare shall be deemed to create any warranty of any kind, and ExactCare expressly disclaims all warranties. ExactCare may change or discontinue text messaging programs without notice or liability to you. ExactCare reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.
Disclaimer and Limitation of Liability
EXACTCARE OR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH EXACTCARE SHALL NOT BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY ACTION OR INACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION PROVIDED THROUGH THE TEXTING SERVICES. NEITHER EXACTCARE NOR ANY INDIVIDUAL OR ENTITY ASSOCIATED WITH EXACTCARE SHALL BE LIABLE IN ANY EVENT TO YOU OR TO ANY OTHER INDIVIDUAL OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER TO (i) YOUR USE OF THE TEXTING SERVICES OR RELIANCE ON THE CONTENT OR SERVICES, OR (ii) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY EXACTCARE OR ITS CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER EXACTCARE HAS BEEN ADVISED OR WAS AWARE OR UNAWARE IN ADVANCE OF THE POSSIBILITY OF SUCH RISKS OF LOSS OR DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.
Governing Law and Dispute Resolution
EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND EXACTCARE OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT EXACTCARE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be conducted in Cleveland, Ohio and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://adr.org/sites/default/files/Consumer-Rules-Web_0.pdf.), as amended by these Terms. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ExactCare will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you. With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of these Terms will continue to apply and be unaffected by this severability provision.
Modifications
ExactCare reserves the right to modify these Terms at any time without prior notice. Any revised Terms will be posted to ExactCare’s website, effective upon posting. You agree to review these Terms periodically to stay informed of any changes. Your continued use of our texting services subsequent to ExactCare’s modification of these Terms shall constitute your acceptance of the modified Terms.
ExactCare is a national medication management and pharmacy provider that helps people with complex medical needs overcome medication-related and chronic care challenges.
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