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Text Messaging Services

 

Horizon Smiles Orthodontics 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 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 by this reference our Terms of Use. If you do not agree to 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 (for example, by sending a message to us from your mobile phone or signing up through our site(s) or a third party who is our customer). By signing up for the text messaging services, you consent to the use of an automatic dialing system to deliver text messages to the mobile phone number you have provided for the transmission of these text messages. Your consent to receiving text messages from us is not a condition of purchase.

One-Time Text Message Services

If you opt-in to a one-time text message service, you will receive a one-time message with the information or service you requested.

Recurring Messaging Services

If you opt-in to 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 from time to time. This text message is to confirm 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-in to interactive text messaging services, the number of messages you receive will vary depending on the type of conversation in which you are engaged.

Healthcare Messages

If your healthcare provider has signed up for our text messaging services, you may automatically receive appointment reminder messages and other health care messages, as defined by the Health Insurance Portability and Accountability Act of 1996, which, under limited circumstance, are exempt from the Telephone Consumer Protection Act and sent at the request of your healthcare provider. Your healthcare provider has represented and warranted to us that they have provided us your correct and current mobile phone number and that they have received your consent to the use of an automatic dialing system to deliver appointment reminder messages and other informational health-related messages to the phone number you provided. The number of appointment reminders and other healthcare messages sent to you will depend on the number of messages that may be sent under law. In such a case, when you respond to a text message and start a conversation with us, you agree we may continue to text you. If you have questions about the health care messages sent on behalf of 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 in connection with the text messaging services per our Privacy Policy.

Cancellation

To cancel your text messaging subscription for a specific program at any time, 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 messages from us for any other text messaging program that 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 that includes instructions on how to use the services and how to unsubscribe.

Text Messaging and Data Rates

Standard message and data rates may apply to any messages sent by you or us. Please contact your wireless provider with any questions regarding text messaging or data rates and plans. The number of text messages you receive will be based upon the text messaging services you sign up for, and if you continue the conversation via text message.

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 to enter into this agreement. If you are not the account holder or you do not have the consent of the account holder, 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 carriers and are subject to change at any time: AT&T, Verizon Wireless, Sprint, 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 delivered 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. 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 NONINFRINGEMENT.

You acknowledge and agree that the text messages are provided via wireless systems which 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.