These Messaging Terms & Conditions (“T&Cs”) apply when you sign up for one or more text message or automated call programs by submitting your telephone number and agreeing to receive text messages from or on behalf of Butler County Health (collectively “BCH,” “we,” “us”).
IMPORTANT – PLEASE READ CAREFULLY. THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION ("ARBITRATION" SECTION) REQUIRING ALL CLAIMS TO BE RESOLVED BY WAY OF BINDING ARBITRATION.
By opting in to a text message program, you expressly consent to receive automated promotional and personalized text messages (SMS, MMS, and RCS) from BCH, which may utilize an automated system, an automatic telephone dialing system, and/or other software, systems, and machines. Further, your express consent applies regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase or receipt of services. Message and data rates may apply.
You acknowledge that text messages are not a secure form of communication because they travel over networks that are not encrypted. There is a risk that the information sent in a text message could be intercepted or viewed by third parties; however, we take reasonable precautions to safeguard your privacy by restricting the content of these messages to non-sensitive notifications. Any messages containing detailed Protected Health Information (PHI) will be sent via a separate, secure messaging channel unless otherwise directed by you.
In connection with the Programs described below, your telephone number will not be shared with any third parties for their own purpose, and we will only use your telephone number in a manner consistent with our Notice of Privacy Practices.
Programs
By opting in to BCH’s text message program you agree to receive messages in connection with the following programs. Text message frequency may vary.
Health Care Messages
You will receive messages regarding your treatment or medical services, including but not limited to appointment reminders, after-visit surveys regarding your care, and other notifications regarding your services.
Other Messages
You may receive other occasional messages from us regarding our services and relationship with you.
Not all mobile devices may be supported and our messages may not be deliverable in all areas. BCH, its service providers, and the mobile carriers are not liable for delayed or undelivered messages.
Cancellation and Assistance
If at any time you would like to unsubscribe from text messages you may reply "STOP" to the communication. You may receive an additional text message confirming your decision to opt out. If at any time you need assistance with the text message reply "HELP" to the communication, or by contacting us by telephone or email at:
Telephone: 402-367-1200
Email: office@bchccnet.org
Arbitration
Any claim, dispute, or controversy ("Claim") between you and BCH arising out of or relating in any way to these T&Cs, no matter how described, pleaded or styled, shall be finally and exclusively resolved by binding individual arbitration conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in your state of residence at a location that is reasonably convenient for both parties.
ARBITRATION OF YOUR CLAIM IS MANDATORY AND BINDING. NEITHER YOU NOR BCH WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURT. IN ARBITRATION, NEITHER YOU NOR BCH WILL HAVE THE RIGHT TO A TRIAL BY JUDGE OR JURY.
BCH will pay the initial filing fee to commence the arbitration.
You and BCH will have every remedy available in arbitration as you and BCH would have from a court and will be entitled to reasonable discovery. All determinations as to the scope, interpretation, enforceability and validity of these T&Cs shall be made finally and exclusively by the arbitrator. The arbitrator's award will be binding and final. Judgment on the arbitration award may be entered in any court having jurisdiction.
NO CLASS ACTION, OR OTHER REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION, OR JOINDER OR CONSOLIDATION OF ANY CLAIM WITH A CLAIM OF ANOTHER PERSON SHALL BE ALLOWABLE IN ARBITRATION.
This arbitration provision shall survive: (i) the termination of these T&Cs; and (ii) the bankruptcy of any party. If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force. Any different agreement regarding arbitration must be agreed to in writing.
This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.
IF YOU DO NOT AGREE TO THE TERMS OF THIS ARBITRATION AGREEMENT, DO NOT CONSENT TO THE PROGRAMS OF THESE T&Cs.