Terms of Service

1. Who may use the Site

You must be at least 18 years old, or the parent or legal guardian of the patient, to use the Site and to enroll in our text messaging program. By using the Site you confirm that the information you give us is accurate and that you have the authority to give it.

2. No medical advice

Content on the Site is general information only. It is not medical advice, it is not a diagnosis, and it does not create a provider and patient relationship. A provider and patient relationship is formed only through an actual clinical encounter with one of our clinicians. Never disregard or delay professional medical advice because of something you read here. Always talk to your clinician about your own situation.

3. Text messaging program terms

This Section 3 is the complete terms and conditions of our text messaging program.

3.1 Program description

The Artisan Health messaging program sends account and care related text messages to patients and to the authorized contacts patients designate. Messages relate to your care and your account with us. This is not a marketing or promotional program.

3.2 How you opt in

You are enrolled only after you give prior express consent, by one of these methods:

• Submitting the messaging consent form on the Site.
• Giving verbal consent to a staff member, which we record in your chart.

These are the only ways to enroll. Giving us your mobile number, on its own, does not enroll you.

Consent to receive text messages is not a condition of receiving care, of purchasing anything, or of any service we provide. If you do not opt in, we will reach you by telephone, mail, or email instead.

After you opt in you will receive a confirmation message telling you how to get help and how to stop.

3.3 Message frequency

Message frequency varies and depends on your care, your orders, and your account activity. Conversational replies from our staff are sent as needed.

3.4 Cost

Message and data rates may apply. We do not charge for the messages, but your mobile carrier may charge you for sending or receiving them, depending on your plan. Contact your carrier with questions about your plan.

3.5 How to stop

Reply STOP to any message from us to opt out. We also honor STOPALL, UNSUBSCRIBE, CANCEL, END, QUIT, OPTOUT, and REVOKE. You will receive one final message confirming that you have been unsubscribed, and after that we will not send you further texts from that program.

To opt back in, reply START, YES, or UNSTOP, or contact our office.

Opting out of text messages does not end your care and does not affect any other way we communicate with you. We will continue to contact you by telephone, mail, or email where necessary.

3.6 How to get help

Reply HELP or INFO to any message for help, or contact us at +1 (424) 484-1851 or support@artisanhealth.org, during our office hours, Monday through Friday, 9am to 5pm ET.

3.7 Carriers and delivery

Supported carriers include AT&T, Verizon Wireless, T Mobile, Sprint, US Cellular, Boost, Cricket, MetroPCS, and most other United States carriers. Carrier support can change without notice.

Carriers are not liable for delayed or undelivered messages. Delivery is not guaranteed. Do not rely on a text message to receive time sensitive information, and do not assume we received a message you sent until we reply.

3.8 Security of text messages

Standard SMS and MMS are not encrypted and are not a secure channel. Anyone with access to your device or your mobile account may be able to read messages we send you. Carriers and other intermediaries handle the message in transit. By opting in, you accept that risk for the message types described above.

Tell us right away if your mobile number changes or if you lose the device, so that we can stop sending messages to a number that is no longer yours. Keep your contact information current with our office.

3.9 Privacy

Information collected through the messaging program is handled as described in our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt in data and consent are not shared with any third parties.

4. Requests submitted through the Site

An appointment request, callback request, or form submitted through the Site is a request only. It is not confirmed until our office confirms it with you. We do not guarantee a response time for messages sent through the Site.

5. Accounts

If the Site offers an account or patient portal, you are responsible for keeping your credentials confidential and for everything done under your account. Tell us immediately if you believe your account has been accessed without your permission. We may suspend or terminate an account that is being misused.

6. Acceptable use

You agree not to:

• Use the Site or our messaging program for any unlawful purpose.
• Attempt to gain unauthorized access to any part of the Site, our systems, or another person's account or records.
• Interfere with the Site's operation, introduce malicious code, or scrape or harvest data from it.
• Submit information about another person without their authorization.
• Send abusive, harassing, or fraudulent content to our staff through any channel.

7. Intellectual property

The Site and its content, including text, graphics, logos, and layout, are owned by us or our licensors and are protected by intellectual property law. You may view and print pages for your own personal, non commercial use. Any other use requires our written permission.

8. Third party services and links

The Site may link to or embed services we do not operate, such as scheduling, payment, or shipment tracking. Their own terms and privacy policies govern your use of them. We are not responsible for their content, availability, or practices.

9. Disclaimers

The Site is provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the Site will be uninterrupted, timely, secure, or error free, or that any content is accurate or complete.

Nothing in this section limits any warranty that cannot be disclaimed under applicable law, and nothing in these Terms limits our obligations as a health care provider under law.

10. Limitation of liability

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, arising out of your use of the Site or the messaging program, even if we were advised of the possibility. Our total liability for any claim relating to the Site or the messaging program will be limited to the fullest extent permitted by applicable law. Our maximum liability will be $250.00.

This section does not limit liability for our own gross negligence, willful misconduct, or anything that cannot be limited under applicable law, and it does not apply to claims arising out of the clinical care we provide.

11. Indemnification

You agree to indemnify and hold us harmless from claims, losses, and expenses, including reasonable attorney fees, arising out of your violation of these Terms, your misuse of the Site, or your submission of another person's information without authorization.

12. Governing law and disputes

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules. Any dispute arising out of these Terms or the Site will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction of those courts.

ARBITRATION, LIMITATION ON LAWSUITS; WAIVER OF JURY TRIAL. To the extent permitted by law, no lawsuit or any other legal proceeding brought in connection with these Terms shall be brought or filed more than one (1) year after the incident giving rise to the claim occurred. Any dispute between the parties or arising out of these Terms, including issues of arbitrability, shall, at the option of any party, be determined by final and binding arbitration in New York County, New York before a neutral, independent arbitrator in accordance with the JAMS General Arbitration Rules & Procedures (www.jamsadr.com).

In addition, where permissible by law, each of the parties hereby waives its rights to a jury trial of any claim or action based upon or arising out of these Terms, directly or indirectly, and/or the relationship that is being established among the parties hereunder. This waiver is irrevocable and may not be modified either orally or in writing.

13. Changes to these Terms

We may update these Terms. The revised version takes effect when posted on this page with a new "Last updated" date. If we materially change the text messaging program, we will describe the change here before it takes effect. Continued use of the Site, or continued participation in the messaging program, means you accept the revised Terms.

14. Severability and entire agreement

If any provision of these Terms is held unenforceable, the rest stays in force. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Site and the messaging program. Our Notice of Privacy Practices and any treatment or financial agreement you sign with us govern their own subject matter and are not replaced by these Terms. Your consent to receive text messages under these Terms is given directly to us and is not conditioned on, bundled with, or governed by any other agreement.

15. Contact us

Artisans Ambulatory Medical Care d/b/a Artisan Health466 Bay Ridge AveBrooklyn, NY 11220Telephone: +1 (424) 484-1851Email: support@artisanhealth.org