SMS Terms of Use 

TEXT MESSAGING TERMS OF USE 
By “Opting In” to or using a “Text Message Service” (as defined below) from Medizen Advanced Imaging, you accept these Terms & Conditions. THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW. 
This agreement is between you and Medizen All references to “we,” “our,” or “us” refer to Medizen Advanced Imaging, 17305 Brookhurst St, Fountain Valley, Ca 92708. 

DEFINITIONS
“Opting In,” “Opt In,” and “Opt-In” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
“Text Message Service” includes any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies). 

CONSENTING TO TEXT MESSAGING 
By consenting to receive text messages from us, you agree to these Text Messaging Terms and Conditions. 

E-SIGN DISCLOSURE 
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP. 

TEXT MESSAGE SERVICE PRIVACY POLICY 
We respect your privacy. We only use information you provide through this service to transmit your mobile messages and respond to you. This includes, but isn’t limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. Mobile information will not be shared with third parties/affiliates for marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. Nonetheless, we reserve the right always to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. This Text Message Service Privacy Policy applies to your use of the Text Message Service and isn’t intended to modify any existing policies, which may govern the relationship between you and us in other contexts. 

COSTS OF TEXT MESSAGES 
We do not charge you for the messages you send and receive via this text message service. But message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. 

FREQUENCY OF TEXT MESSAGES 
This Text Messaging Service is for conversational person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request). 

OPTING OUT OF TEXT MESSAGES 
If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out via text message. 
BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS  
REGARDLESS OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO HMC GROUP, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.  

Pre-Dispute Resolution Process: If any dispute arises between us, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal binding proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process. 

If you have a dispute with us, you must first provide us with your name, address, telephone number and email address; a detailed description of your dispute; and the nature and basis of your claims and the relief sought to us. Both parties agree to negotiate in good faith about the dispute. If the matter is not resolved within sixty (60) days after our receipt of the complete written description detailed above, both parties agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above.  

Any dispute or claim arising out of or relating in any way to the Text Messaging Service will be resolved by binding arbitration, rather than in court. By agreeing to arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims.  

The parties mutually agree that binding arbitration shall be administered by the American Arbitration Association in accordance with its rules in effect on the date of the notice. A demand for arbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. The foregoing agreement to arbitrate shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. The award rendered by the arbitrator(s) shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The parties will share the costs of the arbitration equally, and each shall bear their own fees and costs, including legal fees. 

We each agree that any dispute resolution proceedings of any nature or in any forum will be conducted only on an individual basis and not in a class, consolidated or representative action.  
BY USING THE TEXT MESSAGING SERVICE, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. 

LIMITATION OF LIABILITY 
To the maximum extent permitted by applicable law, you hereby agree that Medizen Advanced Imaging shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages, under any circumstances, arising or resulting from or in any way relating to your use of the Text Messaging Service. Furthermore, Medizen Advanced Imaging shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages. To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless Medizen Advanced Imaging from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys’ fees), judgments or penalties of any kind or nature whatsoever arising from your use of the Text Messaging Service. 

CONTACT US 
For support, we can be reached at support@medizenimaging.com