SMS Text Messaging Terms & Conditions (Twilio)
Last Updated February 14, 2023
Please read these SMS Text Messaging Terms & Conditions carefully. By opting into PANTHERx’s SMS text messaging program, you expressly consent to receive marketing and non-marketing messages from PANTHERx Rare Pharmacy (“PANTHERx”) to the mobile phone number(s) you provide.
You may opt-out of these messages at any time by replying STOP to any text message received from PANTHERx or by contacting PANTHERx as described below. You can receive help at any time by replying HELP to any text message received from PANTHERx or by contacting PANTHERx as described below. Your consent to receive marketing and/or non-marketing messages is not required to receive any product or service from PANTHERx. Messaging and data rates may apply. By completing the PRx Mobile Messaging Program E-Consent Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of PANTHERx services.
PANTHERx offers a text messaging program whereby PANTHERx will text message you to provide you with information concerning the medications you receive from PANTHERx. Text messages may include refill reminders, shipping alerts, clinical information and general notifications. Twilio Inc. (“Twilio”) is a third party service provider that sends and receives text messages on PANTHERx’s behalf. By participating in PANTHERx’s text message program, you agree to be bound by Twilio’s Terms of Service, which Is located here: https://www.twilio.com/legal/tos and Twilio’s Privacy Notice, which is located here: https://www.twilio.com/legal/privacy. In addition to Twilio, PANTHERx may utilize other third parties to administer certain aspects of the text messaging program.
The message frequency will be variable, depending on your unique circumstances and the nature and extent of your communication with PANTHERx.
PANTHERx does not charge a separate fee for your participation in the text messaging program. However, standard message and data rates may apply to each text message sent or received in connection with PANTHERx’s text messaging program, as provided in your mobile telephone service plan document(s). Please refer to those documents for additional information.
Supported Carriers; Interruption
PANTHERx’s text message program should be available through your mobile device when the device is within the operating range of your wireless service provider. PANTHERx’s text message program may not be available on all mobile devices, or through all wireless carriers. PANTHERx may, from time to time, in its discretion and without notice to you, limit the carriers that support PANTHERx’s text message program. Certain other carriers may not support PANTHERx’s text message program.
Delivery of information and content to your mobile device may fail due to a variety of circumstances or conditions. PANTHERx’s text message program is subject to transmission limitation or interruption. You understand and acknowledge that mobile network services are outside of PANTHERx’s control, and PANTHERx is not responsible or liable for issues arising therefrom, or the failure thereof, including, without limitation, technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, website, internet or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to receive or send a message, including any injury or damage to your or any other person’s equipment/wireless device relating to or resulting from participating in or using PANTHERx’s text message program. If PANTHERx’s text message program is not available within your intended location, you agree that your sole remedy is to cease using PANTHERx’s text message program.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide or that you have the account holder’s permission to enter the mobile telephone number(s) that you provide and that you will not initiate messages to the mobile phone of any other person or entity. You agree to maintain accurate, complete and up-to-date information with PANTHERx regarding your use of PANTHERx’s text message program, including, without limitation, notifying PANTHERx in writing immediately if you change, or cease being the regular user of, your mobile telephone number. You agree to indemnify PANTHERx in full for all claims, expenses, damages and costs, including reasonable attorneys’ fees, related to or caused in whole or in party by your failure to notify PANTHERx if you change your telephone number, or cease being the regular user of, including, but not limited to, all claims, expenses, damages and costs related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq.
Messages sent or received in conjunction with the PANTHERx text message program may contain Protected Health Information or “PHI,” as such term is defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)(Public Law 104-191; 42 U.S.C. § 1320d et seq.) and its implementing regulations. You acknowledge that any PHI contained within text messages sent or received by you will be transmitted over open mobile phone networks that are not secure, and that PHI may be lost or compromised as a result of such transmission. PANTHERx is not responsible for any loss or compromise of PHI resulting from such transmission. If you do not agree to the transmission of PHI over networks that are not secure, do not enroll in the PANTHERx text message program.
You can receive help at any time by replying HELP to any text message from PANTHERx or by contacting PANTHERx as described below.
To receive PANTHERx’s text messages or enroll in PANTHERx’s text message program, you must be a resident of the United States, at least eighteen (18) years of age or older, authorized to enroll the mobile telephone number in PANTHERx’s text message program, and authorized to incur any mobile message or data charges incurred by participating.
Changes to the SMS Text Messaging Terms & Conditions
PANTHERx may revise, modify, or amend these Terms & Conditions at any time. Any such revision, modification or amendment shall take effect when it is posted to PANTHERx’s website. You agree to review these Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive PANTHERx text messages will indicate your acceptance of those changes.
Amendment; Termination of Text Messaging
PANTHERx may suspend or terminate your receipt of text messages if PANTHERx believes you are in breach of these Terms & Conditions. Your receipt of PANTHERx text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. PANTHERx reserves the right to modify or discontinue, temporarily or permanently, all or any part of PANTHERx text messages and the PANTHERx text message program, for any reason with or without notice to you.
Release; No Warranties; Limitation of Liability
By participating in PANTHERx’s text message program, you agree to release and hold harmless PANTHERx and its representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, attorneys’ fees, costs or expense whatsoever including without limitation, property damage, personal injury and death that may occur in connection with PANTHERx’s text message program, or your use thereof, and for any claims, matters, or disputes based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, or invasion of privacy.
THE PANTHERX TEXT MESSAGE PROGRAM IS PROVIDED AS IS, WHERE IS AND WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, WRITTEN, ORAL OR ARISING UNDER CUSTOM OR TRADE. PANTHERX DISLCAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPROSE AND NON-INFRINGEMENT.
In no event shall PANTHERx be liabiile to you, or to any third party, for any losses or damages whatsoever arising out of or resulting from PANTHERx’s text message program, or your use thereof, regardless of the theory of recovery, including, without limitation, direct, indirect, consequential, incidental or special damages, lost profits, punitive damages, attorney’s fees or any damages arising out of or resulting from a statutory or regulatory violation, negligence, gross negligence, strict liability, tort, willful misconduct or fraud, breach of contract or breach of warranty. To the extent this damage waiver is contrary to applicable law, you or any third party’s maximum recovery for any losses or damages whatsoever arising out of or resulting from PANTHERx’s text message program, or your use thereof, regardless of the theory of recovery, is $10,000.
The law of the Commonwealth of Pennsylvania (without regard to its conflict of law principles) shall be applied to any claim, matter or dispute between the parties or when governing, interpreting or enforcing these SMS Text Messaging Terms & Conditions, PANTHERx’s text message program, or any text message(s) between you and PANTHERx, or anyone acting on your or PANTHERx’s behalf, or any of the rights, duties, or obligations of the parties arising from or relating in any way to the subject matter of these Terms & Conditions.
If you have questions regarding the Terms & Conditions for PANTHERx’s text message program, you may reach us by calling 1-855-726-8479, by writing to us at 24 Summit Park Drive, Pittsburgh, PA 15275 or by sending an email to email@example.com.