Please read these terms and conditions carefully. By providing your telephone number(s) and confirming your acceptance of SMS/text messages from Las Mercedes Medical Centers® (“Clínica Las Mercedes”) through electronic and/or digital means, you expressly consent to receive recurring non-marketing and marketing text messages from Las Mercedes Medical Centers. You also agree to be bound by these SMS Terms and Conditions, our Privacy Policy, and any other applicable terms and agreements related to your use of Las Mercedes Medical Centers services.
Program Description
Las Mercedes Medical Centers and its service providers may use an automatic telephone dialing system to deliver text messages to you. Las Mercedes Medical Centers’ text messages are intended to provide you with information about Las Mercedes Medical Centers services, including but not limited to appointment reminders, exclusive limited-time offers, events, and invitations.
How to Opt-In
To opt-in to receive text messages from Las Mercedes Medical Centers, please follow the instructions provided when you enroll via Las Mercedes Medical Centers website, social media (https://www.facebook.com/LasMercedesCorp), smartphone application, or text. When you opt-in to the service, we will send you a message asking you to confirm your signup. Text YES to 58888 to receive Las Mercedes Alerts. Message and data rates may apply. Message frequency will vary based on your use. Expect up to 4 SMS messages per month. Text “HELP” for help. Text “STOP” to cancel.
How to Opt Out
To stop receiving text messages from Las Mercedes Medical Centers, use the mobile phone corresponding to the number enrolled in Las Mercedes Medical Centers text messages and reply “STOP” in response to a text message from Las Mercedes Medical Centers’ text messaging program. You will then receive confirmation of your opt-out. This will only opt you out of that phone number’s specific text messaging program. You will also remain opted into any other text messaging programs where you have enrolled.
Cost
Las Mercedes Medical Centers does not impose a separate fee for sending text messages. However, message and data rates may apply to each text message sent or received in connection with Las Mercedes Medical Centers’ text messages as provided in your mobile telephone service rate plan and any applicable roaming charges. Please get in touch with your mobile telephone carrier for pricing plans.
Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you provide. You are responsible for immediately notifying Las Mercedes Medical Centers if you change your mobile telephone number. You may notify Las Mercedes Medical Centers of a number change via the “Contact Us“ page on our website or by calling our toll-free customer support number (305) 647-2555 or by sending an email to our customer support email address.
Privacy
Las Mercedes Medical Centers places high priority on the privacy of its users. Please click this link to access our Privacy Policy.
Carriers
We can deliver messages to the following mobile phone carriers: [AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, 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).]. ***Carriers are not liable for delayed or undelivered messages***
T-Mobile is not liable for delayed or undelivered messages.
Access or Delivery to Mobile Network Is Not Guaranteed
Information and content delivery to a mobile device may fail due to various circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside Las Mercedes Medical Centers’ control. Las Mercedes Medical Centers is not responsible or liable for issues arising from them.
Support/Help
For help or support, reply “HELP” in response to a text message from Las Mercedes Medical Center’s text messaging program or text “HELP” to [58888]. You may also receive help via the “Contact Us“ page on our website or by calling our toll-free customer support number (305) 647-2555 or by emailing our customer support email address info@lasmercedesmedcenters.com.
Eligibility
To receive Las Mercedes Medical Centers text messages, you must be a resident of the United States and 18 years of age or older. Las Mercedes Medical Centers reserves the right to require you to prove that you are at least 18 years of age.
Changes to Terms and Conditions
Las Mercedes Medical Centers may revise, modify, or amend these SMS Terms and Conditions at anytime. Any updates to these SMS Terms and Conditions will be posted on Las Mercedes Medical Centers’s website and may be communicated to you. You acknowledge your responsibility to review these SMS Terms and Conditions from time to time and to be aware of any such changes. If you do not agree with the revision, modification, or amendment, you may opt out of Las Mercedes Medical Centers’ text messages. If you do not opt out, you will be deemed to have accepted the revision, modification, or amendment.
Termination of Text Messaging
Las Mercedes Medical Centers may suspend or terminate your receipt of Las Mercedes Medical Centers text messages for any reason, including if Las Mercedes Medical Centers believes you are in breach of these SMS Terms and Conditions. Your receipt of Las Mercedes Medical Centers text messages is also subject to termination if your mobile telephone service terminates or lapses. Las Mercedes Medical Centers reserves the right to modify or discontinue, temporarily or permanently, all or any part of Las Mercedes Medical Centers text messages, with or without notice.
Contact Us
If you have questions regarding these SMS Terms and Conditions, please get in touch with us via the “Contact Us“ page on the Las Mercedes Medical Centers website.
Disclaimer of Warranties
YOUR USE OF AND DECISION TO RECEIVE TEXT MESSAGES (“PROGRAM”) IS ENTIRELY AT YOUR OWN RISK. LAS MERCEDES MEDICAL CENTERS MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE PROGRAM OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED THROUGH THE PROGRAM OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE PROGRAM. THE PROGRAM IS PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE THROUGH THE PROGRAM OR OTHERWISE BY LAS MERCEDES MEDICAL CENTERS. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS SENT TO YOU AS PART OF THE PROGRAM, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAS MERCEDES MEDICAL CENTERS, ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE PROGRAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE SMS TERMS AND CONDITIONS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE OR ACCESS THE PROGRAM, INCLUDING WITHOUT LIMITATION ANY CONTENT, OR ANY SITES LINKED FROM THE PROGRAM, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LAS MERCEDES MEDICAL CENTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PROGRAM OR TO YOUR DOWNLOADING OF ANY CONTENT THROUGH IT OR ON ANY WEBSITE LINKED TO IT.
Dispute Resolution
All controversies and claims arising under or relating to these SMS Terms and Conditions are to be resolved by binding arbitration under the Federal Arbitration Act in accordance with the then-current rules of the American Health Lawyers Association if you are a resident of the United States before a single arbitrator selected in accordance with those rules. The arbitration is to be conducted in the County of Miami-Dade, Florida. The arbitrator shall apply Florida law without regard to its conflict of laws principles. All proceedings shall be conducted in English. Each party shall submit to any court of competent jurisdiction for the purposes of enforcing any award, order, or judgment from the arbitrator. Any award, order, or judgment pursuant to the arbitration is final and may be entered and enforced in any court of competent jurisdiction. Each party shall bear its own costs, expenses, and attorneys’ fees (and all related costs and expenses) incurred in connection with any proceeding arising from or related to any transaction contemplated by this Agreement, the Privacy Notice attached hereto, or in connection with enforcing any judgment or order thereby obtained. You and we further agree to waive any right to pursue a dispute by asserting a disputed claim in a representative capacity or participating in a class action with respect to any dispute subject to this arbitration provision.
Miscellaneous
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these SMS Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these SMS Terms and Conditions will otherwise remain in full force and effect and enforceable.