DxCONNECT TERMS & CONDITIONS OF USE
You are agreeing to receive, recurring automated text messages to your mobile telephone or device as you have indicated that you would like to receive information from your health care provider which may include receiving messages about your appointment reminders, prescriptions including educational materials, guidance and third-party financial savings offers in the form of coupons and special offers for prescription cost savings, prescription refill reminders, as well as medication and patient compliance reminders (the “Text Messages” or “SMS/MMS” as defined below). Text messages are sent via Short Message Service (“SMS”) and via Multimedia Message Service (“MMS”).
Since Text Messages are categorized as telephone calls because they are received by your mobile telephone, and because you have requested to receive them, you agree that our Text Messages do not violate any request or rights you have or may acquire if you have signed up or will sign up in the future to be included in any state, federal, local or other “Do Not Call Registry”.
Such messages may include limited personal information about your prescriptions, appointment reminders, and whoever has access to that mobile phone or the carrier account will also be able to see this information.
Once you agree to opt in to Text Messaging, the frequency of Text Messages we send to you will vary by the services you receive or your transactions with your health care provider and your prescription activity. You will typically receive a Text Message when we have information for you about your prescriptions, treatment or benefits. You may opt out at any time by following the instructions below.
YOUR CONSENT TO RECEIVE TEXT MESSAGES ON YOUR WIRELESS DEVICE IS NOT A CONDITION OF THE RECEIPT OF MEDICAL SERVICES.
You represent that you are authorized to register for the designated mobile telephone number for Text Messaging. You expressly consent and agree to accept and receive Text Messages to your mobile telephone or device at the cellular/mobile telephone number that you provided to us. By agreeing to receive Text Messages, you understand and agree that you may receive recurring Text Messages.
Message, Voice and Data Rates May Apply
By participating in Text Messaging, you approve any such message, voice or data charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device. DxWeb nor your Provider charge you for the use of Text Messaging.
Time Lags or Delays
By subscribing to Text Messaging, the information in any message may be subject to certain time lags and/or delays.
Frequency of Messages
The number and frequency of Text Messaging sent to your device depends on several factors including your particular healthcare needs, and if you’ve asked for help or support via text messaging.
To Stop Messages / Opt-Out
To stop Text Messaging, reply STOP to any text message you receive, or contact DxWeb Customer Service at the following contact information: DxWeb, 5355 Town Center Road, Suite 203, Boca Raton, FL 33486, Email: firstname.lastname@example.org.
You consent that following such a request to unsubscribe, you will receive one (1) final message from DxWeb confirming that you have been inactivated in our system. We will act on your request immediately, but please allow up to three (3) business days to process your request.
For help with Text Messaging, reply HELP to any message, or contact DxWeb Customer Service at the following contact information: DxWeb, 5355 Town Center Road, Suite 203, Boca Raton, FL 33486, Email: email@example.com.
DxWeb is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service health care provider or otherwise.
Use of Automated Dialing Technology
You acknowledge and agree that Text Messaging may be provided in some cases through automatic telephone dialing technology, or an artificial voice or a pre-recorded voice. By providing us your telephone number, you expressly consent to receive Text Messages through automatic dialing technology.
You agree to receive notifications from your health care provider, DxWeb, its representatives, employees, and agents, through any means authorized under these Terms, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.
Supported carriers include all major United States carriers including, AT&T, Verizon Wireless, T-Mobile®, Sprint, and others.
DxWeb reserves the right, in its sole discretion, to cancel or suspend any or all of Text Messaging, in whole or in part, for any reason, with or without notice to you.
Text Messaging is offered on an “as is” basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier or carrier outages. DxWeb may change or discontinue any of its Text Messaging without notice or liability to you. DxWeb and its related companies and each of their respective officers, directors and employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any DxWeb Text Messaging or from technical failures or delays of any kind. DxWeb reserves the right to cease delivery of Test Messages to any person at any time in its sole discretion.
Third Party Resources
Text Messaging may contain links to, or otherwise make available, third-party sites, services, products, information, content, materials, merchandise, functionality and/or other resources (“Third Party Resources”). These links and access are provided for your convenience and reference only. We do not control such Third Party Resources and, therefore, we are not responsible for such Third Party Resources, or any content posted on or made available by such Third Party Resources. Be aware that DxWeb does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about such Third Party Resources, including without limitation the security of any Materials, or the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on or made available by such Third Party Resources or any other Internet sites. We reserve the right to terminate such links or such access at any time. The fact that we offer such links or access should not be construed in any way as an endorsement, authorization, or sponsorship of such Third Party Resources, or any content made available thereby. Because some Third Party Resources employ automated search results or otherwise link you to Third Party Resources containing information that may be deemed inappropriate or offensive, we cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in or made available by Third Party Resources, including the weekly circular ads available online, and you hereby irrevocably waive any claim against us with respect to such Third Party Resources. Your use of any Third Party Resources is subject to the Third Party’s terms, conditions and policies applicable to such products, services or materials (such as Terms of Service or Privacy Policies of the providers of such products, services or materials). DxWeb is not responsible for the privacy and security of any information you share with that Third Party, including your credit card or payment information. When you elect to receive these services from a Third Party, you agree to hold that Third Party responsible for any unauthorized use or disclosure of your personal information.
Disputes and Interpretation
This Agreement is governed by and interpreted under the laws of the State of New York and the federal laws of the United States, without regard to conflicts of laws principles. This Agreement and use of DxConnect will be deemed to have been performed and occurred in the State of Florida and the courts of that State will have exclusive jurisdiction to entertain any action arising under this Agreement. You hereby irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in the State of Florida, and waive any objections as to personal jurisdiction, venue and forum nonconveniens.
Except as otherwise prohibited by applicable law, any cause of action or claim with respect to this Portal must be commenced within one (1) year after the action or claim arises. Certain provisions, by their nature or as explicitly stated, will survive any termination or expiration of this Agreement. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition will be severable and shall not affect the validity and enforceability of any remaining condition.
In addition to the rights and privileges described in the terms, conditions, and policies outlined above, we further reserve the right to elect to electronically monitor areas of the Service and may disclose any content, records, or electronic communication of any kind if required to do so by any law, regulation, or government request, if such disclosure is necessary or appropriate to operate the Service, or to protect our rights or property, or the rights of the users, partners, affiliates, sponsors, providers, licensors, or merchants. If alerted to allegedly infringing, defamatory, damaging, illegal, or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the Service.
We control Text Messaging from our offices within the United States of America, and Text Messaging is not intended to subject DxWeb to any non-U.S. jurisdiction or law. By accessing and using Text Messaging, you agree that such access and use is subject to the terms, conditions, and policies of this Agreement as well as applicable laws. Our failure to insist upon strict performance of any provision of this Agreement shall not be construed as an implicit waiver of any provision or right.
If any part of this Agreement is ruled to be unenforceable, then such part shall be severed, with the remainder of the Agreement remaining in full force and effect. This Agreement constitutes the entire agreement between you and DxWeb governing your use of the Service. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction.
You agree to indemnify, defend, and hold harmless your health care provider, DxWeb, and their respective officers, directors, employees, agents, licensors and partners from and against all losses, expenses, damages and costs of any kind (including reasonable attorney’s fees), resulting from any activity related to your use of the Text Messaging, or from your providing DxWeb with a mobile number that is not your own authorized mobile number. You agree that DxWeb will not be liable for failed, delayed, or misdirected delivery of any information sent through Text Messaging; any errors in such information; any action you may or may not take in reliance on the information or Text Messaging; or any disclosure of information to third parties resulting from your use of Text Messaging.
If you choose to communicate with your health care provider through Text Messaging, DxWeb will use reasonable means to protect the privacy of your health information sent by such messages. However, DxWeb cannot guarantee that communication via texts will be confidential. Data transmission over cellular airwaves cannot be guaranteed to be 100 percent secure. Additionally, DxWeb will not be liable in the event that you or anyone else inappropriately uses your device or accesses your text data. DxWeb will not be liable for improper disclosure of your health information that is not caused by DxWeb’s intentional misconduct.
If you have any questions about Text Messaging or the DxConnect Terms & Conditions of Use, please contact us at:
DxWeb, 5355 Town Center Road, Suite 203, Boca Raton, FL 33486, Email: firstname.lastname@example.org.
You understand by signing up for Text Messages, you are agreeing to engage in electronic transactions and that electronic agreements and electronic signatures are binding and meet any legal requirements that any document or signature be in writing. Clicking “I agree” is the equivalent of a signature in writing.