SMS Health Messaging Terms of Service
Last Updated August 29, 2023
- YOU AGREE THAT WE MAY SEND YOU SMS (TEXT) MESSAGES RELATING TO YOUR HEALTH, INCLUDING BUT NOT LIMITED TO (I) PRESCRIPTION REMINDERS, REFILL REMINDERS (II) MEDICATION EDUCATION SERVICES, (III) IMMUNIZATION NOTICES, (IV) MEDICATION RECALLS, (V) NOTICES CONCERNING DISEASE STATE MANAGEMENT PROGRAMS, AND (VI) MEDICATION ADHERENCE PROGRAMS AND (VII) PRESCRIPTION CO-PAY COUPONS. IF YOU DO NOT WISH TO RECEIVE SUCH MESSAGES, DO NOT USE THIS SERVICE, AND “OPT OUT” (See Section 2 below).
- THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE, IN WHICH YOU AGREE THAT ANY DISPUTES WILL BE DECIDED BY AN ARBITRATOR WITHOUT A COURT OR JURY TRIAL.
- You MUST notify Adheris Health and Your Pharmacy if you change your cellular telephone number or stop using it. If you do not notify us there is a risk that messages meant for you will be sent to the new subscriber to whom your former number is assigned.
- You must keep your phone private and secure in order to protect the protected healthcare information that we will send you.
- Text and email messages are not encrypted by your telecommunications carrier and so may not be secure, and if you agree to receive them you accept the security and privacy risks involved.
- You must not use the Health Messaging Service if you are under 18.
- The privacy policies that apply to your use of the Health Messaging Service are Your Pharmacy’s Notice of Privacy Practices. Adheris Health and Your Pharmacy may change this Agreement at any time by providing you with a text message notifying you of the change and its effective date, and providing a link to the changed Agreement; if you continue use of the Health Messaging Service after the effective date of the change, you will be deemed to have agreed to the changed Agreement.
THIS AGREEMENT IS LEGALLY BINDING; PLEASE READ IT CAREFULLY.
If you do not agree with this Agreement, you are prohibited from using the Health Messaging Service.
- Use of Health Messaging Service
If you become a User, you represent and warrant to Adheris Health and Your Pharmacy that: (a) you are of legal age to form a binding contract; (b) you will provide Adheris Health with accurate, current and complete registration information; (c) you are the owner or authorized user of the wireless device you use to subscribe for the Health Messaging Service; (d) you are authorized to approve and will be responsible for any applicable charges from your carrier; and, (e) your registration and your use of the Health Messaging Service will comply with all applicable laws.
- Text Message Consent and Opt-Out
By providing your wireless phone number to Your Pharmacy (e.g., at the pharmacy counter, through Your Pharmacy’s website, by sending a text message to Your Pharmacy (or Adheris Health on Your Pharmacy’s behalf), or by other means provided by Your Pharmacy), you authorize Adheris Health and Your Pharmacy to deliver the Health Messaging Service to your wireless number.
These messages may be automated text message alerts sent using automated dialing technology. Adheris Health does not charge for the Health Messaging Service, but your cellular carrier may charge message and data rates for such messages.
You are not required to become a User of the Health Messaging Service or enter into this Agreement in order to obtain prescriptions, to purchase products from Your Pharmacy, or to obtain any other goods or services. If you do not wish to receive these messages, do not register for the Health Messaging Service or you may cancel at any time by texting STOP to xxxxxx (Short Code) or by replying STOP to any Adheris Health message.
- Ownership of the Health Messaging Service
Adheris Health is the owner of all right, title and interest, including all proprietary rights, in the Health Messaging Service. All of the software, text, images, marks, logos, and other content used or embodied in the Health Messaging Service (collectively, the "Adheris Health Materials") are proprietary to Adheris Health or to third parties.
The marks "Adheris Health®" and other marks associated with the Health Messaging Service are registered or unregistered trademarks of Adheris Health. This Agreement does not grant to you, and you do not obtain, any right or license in or to any of those marks.
- License to Use the Health Messaging Service
Adheris Health authorizes you to use the Health Messaging Service, and the Adheris Health Materials embodied therein, solely for your personal, non-commercial purposes in your capacity as a User. You may not remove any copyright, trademark or other proprietary notices that have been placed in the Adheris Health Materials. Except as expressly permitted by this paragraph, you may not modify, copy, redistribute, republish, upload, post, transmit, or otherwise exploit in any way the Health Messaging Service or the Adheris Health Materials, or any portion thereof, without the prior written permission of Adheris Health.
- General Restrictions
You will comply with all applicable laws and with Adheris Health and Your Pharmacy's published terms and conditions relating to the Health Messaging Service. In connection with your use of the Health Messaging Service, you will not: (a) impersonate any person or entity; (b) forge or manipulate headers to disguise the origin of any communication sent by the Health Messaging Service; (c) damage, impair, interfere with or disrupt the Health Messaging Service or its functionality; or (d) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Health Messaging Service, or which, in Adheris Health sole judgment, exposes Adheris Health, Adheris Health affiliated companies, or any officer, director, employee or agent of any of them (collectively, "Adheris Health Related Parties"), or Your Pharmacy, to any liability or detriment of any type. You will not submit, upload to, or distribute through the Health Messaging Service any material that: (i) is libelous, defamatory, threatening, abusive, scandalous, obscene, pornographic or unlawful or that encourages a criminal offense; or, (ii) infringes any copyright or violates any property rights, rights of privacy or publicity, or any other rights of any third party.
Adheris Health and Your Pharmacy reserve the right to keep records of use of the Health Messaging Service.
- Your Security Obligations
By using the Health Messaging Service, you are making your personal information, in the form of your prescription history and activity, viewable on your mobile phone. In order to protect your privacy, you must comply with the following obligations:
- You must keep your mobile phone and the information on it secure, including by password protecting your phone.
- If you change your cellular telephone number, you must tell Adheris Health or Your Pharmacy your new number by contacting Adheris Health at email@example.com or (781) 425-6611. Please be aware that if your cellular telephone number is reassigned to a new phone customer, and you have not notified us, messages intended for you may be sent to and seen by someone else. In this case, Adheris Health and Your Pharmacy are not responsible for messages, and the content of these messages, being shared with someone else.
- Do not use the Health Messaging Service with a device that is shared with others, as your health and personal information could be shared with those individuals through the shared device.
- When you opt in to receive SMS (text) messages you are choosing to send and receive protected health information and other personal information on your mobile device via an unsecure channel. Depending upon the configuration option chosen by Your Pharmacy, your prescription messages may show a full or partial drug name or part or all of a prescription number. We encourage you to protect your prescription reminder information carefully and to be aware that others may be able to see your prescriptions on your phone. You are responsible for maintaining the privacy of the messages you receive from us.
- You must keep your mobile phone and the information on it secure, including by password protecting your phone.
We are committed to protecting the privacy of children. The Health Messaging Service is not directed at users under the age of 18. If you are under the age of 18, you are not permitted to register as a User, submit personal health information or other personal information to Adheris Health, or use the Health Messaging Service.
- Warranty Disclaimers and Limitations of Liability
The Health Messaging Service is a source of information, but it does not provide medical advice nor is it a replacement for the advice of a qualified healthcare professional. The Health Messaging Service is designed to supplement, not replace, the methods you use to obtain medications and fill prescriptions at Your Pharmacy, and you remain at all times solely responsible, in consultation with Your Pharmacy and healthcare provider, for managing your medications, your prescriptions and your medical conditions. By agreeing to provide the Health Messaging Service to you, Adheris Health is not accepting any responsibility for management of your medications or your relationship with Your Pharmacy or healthcare provider. In no event shall Adheris Health be liable for any damage or injury, including, without limitation, any death, pain or suffering, psychological or bodily injury, that you suffer, or that you cause to any third party, in connection with your use of the Health Messaging Service or any activity you take or fail to take in connection with your use of the Health Messaging Service. You agree to indemnify and hold harmless Adheris Health, Adheris Health Related Parties and Your Pharmacy from and against any and all losses, damages, liabilities, costs and expenses incurred in connection with or arising from your use of the Health Messaging Service.
Adheris Health and Your Pharmacy will not be liable for any delays or failures in your receipt of any SMS message or other electronic communications scheduled to be delivered by the Health Messaging Service, as delivery is subject to effective transmission from your network operator and processing by your mobile device. Electronic communications sent using the Health Messaging Service are sent using standard text and data protocols and any illegal interception or manipulation of data by a third party will not be the responsibility of Adheris Health or Your Pharmacy. Adheris Health and Your Pharmacy are not responsible for any data or SMS charges you may incur from your wireless carrier in connection with the use of the Health Messaging Service, and you shall pay any such charges.
Without limitation of the foregoing, the Health Messaging Service and Adheris Health Materials are provided in "AS IS" condition, and Adheris Health, Your Pharmacy, and Adheris Health Related Parties EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE HEALTH MESSAGING SERVICE OR THE Adheris Health MATERIALS WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE HEALTH MESSAGING SERVICE OR THE ADHERIS HEALHT MATERIALS, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE HEALTH MESSAGING SERVICE OR THE ADHERIS HEALTH MATERIALS.
No advice or information, whether oral or written, obtained by you from Adheris Health, Your Pharmacy, any of Adheris Health Related Parties or through the Health Messaging Service or Adheris Health Materials will create any warranty not expressly stated herein.
YOU USE THE HEALTH MESSAGING SERVICE AT YOUR OWN RISK, AND ADHERIS HEALTH, YOUR PHARMACY, AND ADHERIS HEALTH RELATED PARTIES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. IN THE EVENT THAT THE DISCLAIMER IN THE IMMEDIATELY PRECEDING SENTENCE IS NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY FOR ANY DAMAGES WITH RESPECT TO THE HEALTH MESSAGING SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO $1 PER USER.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM ADHERIS HEALTH, YOUR PHARMACY, OR ADHERIS HEALTH RELATED PARTIES ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF DATA, BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE HEALTH MESSAGING SERVICE OR Adheris Health MATERIALS, EVEN IF Adheris Health, YOUR PHARMACY, OR Adheris Health RELATED PARTIES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Termination and Suspension
Adheris Health or Your Pharmacy may suspend or terminate your right to use the Health Messaging Service at any time for any reason. The Health Messaging Service is also subject to termination in the event your wireless Health Messaging Service terminates or lapses. Neither Adheris Health nor Your Pharmacy shall have liability to you with respect to any termination or suspension. Adheris Health or Your Pharmacy reserves the right to modify the format or features of the Health Messaging Service at any time.
- Applicable Law and Jurisdiction
You, Adheris Health, and Your Pharmacy agree that all matters arising from or relating to the use and operation of the Health Messaging Service will be governed by the substantive laws of the State of Delaware without regard to its conflict of laws principles. You are responsible for your compliance with all local laws, and in no event will you use the Health Messaging Service or Adheris Health Materials in violation of U.S. laws or regulations.
Any disputes between you on the one hand, and Adheris Health, Your Pharmacy, and/or Adheris Health Related Parties on the other, arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or your use of the Health Messaging Service, shall be settled by binding arbitration conducted by the American Arbitration Association pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer Related Disputes, except that any party retains the right to bring a claim in small claims court and retains the right to seek injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a partys copyrights, trademarks, trade secrets, or other intellectual property rights. The arbitration shall be conducted by a single arbitrator in San Francisco, California, unless the arbitrator shall determine that such venue is unduly burdensome and that a different venue is more appropriate. The interpretation of this clause and the arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator shall not have the power or authority to certify a class or preside over a class, mass, representative, or consolidated proceeding without our written consent. You acknowledge and agree that you hereby waive any right to a jury trial or to participate in a class action. This clause shall inure to the benefit of, and may be invoked by, any of Adheris Health subsidiaries, affiliates, agents, licensees, employees, contractors, participating pharmacies, or indemnitees. This arbitration clause shall survive any termination of this Agreement.
- Adheris Health SMS Terms of Service
The Adheris Health SMS Terms and Conditions, available here, are incorporated into and form part of this Agreement.
In accordance with Federal civil rights law Adheris Health programs do not discriminate based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, or military status.
- Miscellaneous Provisions
Neither Adheris Health nor Your Pharmacy shall be liable, or considered in default, under this Agreement for delays or failures of performance caused by circumstances beyond Adheris Health or Your Pharmacy's reasonable control. No delay or omission by Adheris Health or Your Pharmacy in exercising any rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Adheris Health or Your Pharmacy of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. As used in this Agreement, "including" means "including but not limited to." If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you, Your Pharmacy, and Adheris Health regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. You may not transfer, sublicense or assign this Agreement, or any rights hereunder, to any third party. You agree that the electronic text of this Agreement constitutes writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes.