TERMS & CONDITIONS - SMS MARKETING PROGRAM
As an active Patient with our Practice, you will be enrolled in our SMS Text Message program to receive general communication involving details of your appointments and our requests or notifications regarding your Patient account. Below are key terms and conditions that apply to our sending any messages to you. You accept these terms when you agree to join this Practice, and they apply to all messages you receive from us unless you notify us that you no longer want to receive this type of communication or if you are no longer an active Patient at this Practice.
Please be aware that we will not contact you with sales messages. We will send messages only to the telephone number that you provided. To ensure smooth and efficient operation of our messaging service, we may message you using an automated system that selects and dials numbers for receipt of text messages, and you authorize us to use that automated system for that purpose.
Messaging Terms & Conditions
You agree to receive recurring automated text (e.g., SMS and MMS) messages (e.g. appointment reminders) from Associated Behavioral Health Services, LLC and its contracted partners, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Associated Behavioral Health Services, LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Associated Behavioral Health Services, LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Associated Behavioral Health Services, LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. You also agree to our Associated Behavioral Health Services, LLC Terms of Use and Associated Behavioral Health Services, LLC Privacy Policy.
Cancellation
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or phone number to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or phone number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Associated Behavioral Health Services, LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Associated Behavioral Health Services, LLC through any other programs you have joined until you separately unsubscribe from those programs.
Help
Text the keyword HELP to our shortcode or phone number to return customer care contact information.
Customer Care
If you are experiencing any problems, please email appointments@abhsm.com
Contact
This message program is a service of Associated Behavioral Health Services, LLC, located at 939 Elkridge Landing Rd, STE 350 Linthicum, MD 21090, United States
Dispute Resolution and Arbitration. By accepting these terms, you are also agreeing to resolve any dispute with us through binding arbitration or small claims dispute procedures (unless you opt out), and to waive your rights to a jury trial and to participate in any class action suit. YOU AND WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO, ARISING FROM, OR CONCERNING OUR CONTACTING OR MESSAGING YOU WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU FIRST RECEIVED THESE TERMS (the “Opt Out Deadline”). You may opt out of these arbitration procedures by filling out the following form:
Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue any claim in arbitration or small claims court.
You and we each agree to negotiate your claim in good faith. You agree that you may not commence any arbitration or court proceeding unless you and we are unable to resolve the claim within 60 days after we receive your claim description and you have made a good faith effort to resolve your claim directly with us during that time.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent and to the American Arbitration Association (“AAA”). The arbitration of all disputes will be administered by the AAA under its Consumer Arbitration Rules in effect at the time the arbitration is commenced, except to the extent any of those rules conflicts with our agreement in these Terms, in which case these Terms will govern. The AAA rules are available at www.adr.org.
If the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. The arbitration of all disputes will be conducted by a single arbitrator, who shall be selected using the following procedure: (a) the AAA will send the parties a list of five candidates; (b) if the parties cannot agree on an arbitrator from that list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. Upon filing of the arbitration demand, we will pay or reimburse all filing, administration, and arbitrator fees. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees. In addition, for claims under $75,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek attorneys’ fees in arbitration even if permitted under applicable law.
Class Action Waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. If we believe that any claim you have filed in arbitration or in court is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver. If a court or arbitrator determines in an action between you and us that any part of this Class Action Waiver is unenforceable with respect to any claim, the arbitration agreement and Class Action Waiver will not apply to that claim, but they will still apply to any and all other claims that you or we may assert in that or any other action. If you opt out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL