Texting Terms of Service

NextGen Medical Supplies, Inc. offers patients the option of receiving certain information by Short Message Service (SMS) or texting services (“Text(s)”).

NextGen offers PATIENT’S (“PATIENT’S”) the option of receiving certain Patient information by Text.

Please see the information below to learn more about receiving and opting out of Text messages. NextGen is looking forward to texting with you soon!

Patient Text — communication preferences

NextGen offers its patients the option of receiving certain Patient information by Text. You may sign up for Texts on our website as a Patient and entering your contact information. You may also sign up for Texts by texting our 888-557-7085 number and giving consent to be texted. If you select to receive Texts as your communication preference, as applicable, we will send you information directly to your mobile phone.

Text help and mobile terms

This information is applicable to Patient Texts. NextGen reserves the right to change, modify or update this SMS Texting Information and Help Policy at any time without notice by updating this posting.

To stop receiving Texts, text the word STOP to cancel at any time. You may also contact us at 888-557-7085 at any time to have your number removed from our list.

NextGen does not charge a fee to send Texts. However, message and data rates apply from your carrier (i.e., e.g. AT&T, Verizon, Sprint, etc.). The number of Texts you receive will depend on the number and type of Campaigns Texts and Patient Texts for which you sign up.

If your phone becomes lost or is stolen or you simply wish to opt-out of any campaign in which you signed up to participate, contact us at the toll-free number or the email address below. NextGen will make every effort to manually remove you from all of our Campaigns Texts and/or Patient Texts within a reasonable time period. You will be required to provide your cell phone number in order for us to process your request.

Text is available to subscribers of Boost, AT&T, T-Mobile®, Dobson, Verizon Wireless, Sprint, U.S. Cellular, C Spire Wireless, Virgin Mobile, Cellcom, NTelos, GetLisa and Cricket Communications. You must be 18 years of age or older to use this service. You also agree to NextGen’s Text Terms of Service.

NextGen respects your privacy. Read NextGen’s Text Privacy Policy.

This program is managed by NextGen Medical Supplies, Inc.

Contact information

NextGen Medical Supplies Inc.
601 N. Congress Ave Ste 439B
Delray Beach, FL 33445
Toll free phone: 888-557-7085
Service hours: M-F 9:00 a.m. to 6:00 p.m. EST
Email: info@nextgenmeds.com

Terms and conditions
Terms and conditions may change

NextGen reserves the right to update or amend these terms and conditions at any time. NextGen may, at its sole discretion, terminate or suspend texting services (“Services”) or access to the Services or any portion thereof of any user for any reason.

Eligibility

You must be at least 18 years old to be eligible to use the Services. No one under age 18 may use the Services under any circumstances. By opting-in to participate in a Campaign Text or Patient Text you are representing that you are at least 18 years of age.

Costs

There may be some costs associated with the use of this Service. For example, your pager or cellular phone service provider may charge you to send or receive wireless text messages. Under no circumstances will NextGen or its employees, officers, directors or agents be held responsible for any charges related to the use of the Services.

Warranty & disclaimer

NextGen safeguards your personal information. Unfortunately, no data transmission over cellular airwaves can be guaranteed to be 100 percent secure. While NextGen strives to protect your personal information, NextGen cannot guarantee or warrant its complete security before it reaches us. NextGen shall not be responsible for harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of NextGen’s Services or any information you transmit to us via Text unless the breach of confidentiality was caused by NextGen.

NEXTGEN PROVIDES THE SERVICES “AS IS” WITH NO WARRANTIES OF ANY KIND. NEXTGEN EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

Some states do not allow the disclaimer of implied warranties so the foregoing disclaimer may not apply to you.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL NEXTGEN OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICES WHETHER OR NOT NEXTGEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Services or any content on any of NextGen website properties, or with these terms and conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk.

Indemnity

You agree to indemnify, defend and hold harmless NextGen, its employees, officers, directors and agents from and against any and all claims, liabilities, penalties, settlements, judgments or fees (including reasonable attorneys’ fees) arising from (i) any information that you or anyone using your account may submit to us for this Service; (ii) your use of the Services; (iii) your violation of the terms of these terms and conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services.

Assignment

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of NextGen. Any such purported assignment or delegation by you without the appropriate prior written consent of NextGen will be null and void and of no force or effect.

Medical disclaimer

The Services do not provide medical advice and are intended for general information purposes. The Services are not a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.

Governing law and jurisdiction

By opting in to receive Texts you agree to be subject to personal jurisdiction in the state of Florida. Any transaction or occurrence arising out of your receipt of a Text shall be governed by and construed in accordance with the laws of the state of Florida (excluding any conflict of laws provisions of the state of Florida that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding a Text shall be brought only in Palm Beach County,Florida.

Privacy Policy

At NextGen we take the issue of privacy very seriously. NextGen wants to assure users of our Services that their information is safeguarded and maintained in confidence. Please read through the following pages, which describe NextGen’s Text privacy policy.

The purpose of this privacy policy is to inform you as to what information may be collected from you when you interact with the Services, how such information will be used by NextGen and/or other persons or entities, with whom such information may be shared, your choices regarding the collection, use and distribution of such information and the security procedures that NextGen has implemented to protect your privacy.

Collection of information

Your choice of Patient communication preferences, as applicable, will determine the information that NextGen needs to collect from you. For all Campaigns, NextGen collects your mobile phone number. NextGen may also ask you for additional information in order to personalize the information you receive and make it more valuable to you.No protected health information will be sent to you through Text. SMS, as a technology, is not a secure messaging platform. If NextGen needs to send you a message that involves protected health information or personally identifiable information, the information will be sent via encrypted text to a secure message center.

How NextGen uses the information

NextGen does not sell information about you to anyone when you elect to receive Patient Texts. NextGen uses the information you provide to deliver Patient Texts you have requested, to personalize and thereby improve your experience, to deliver customer support and to improve the services, among other things. The information may also be analyzed in the aggregate in order to improve the function and content of NextGen’s Services.

Access to information collected online
  1. Employees: Certain NextGen employees may be provided with your information. NextGen employees are required, by written confidentiality statements, corporate policies and state or federal laws or regulations to maintain the confidentiality of personal information and to use strict standards of care in handling the information. Employees who do not conform to these confidentiality requirements are subject to disciplinary sanctions that may include dismissal.
  2. Third parties: NextGen may disclose your information as permitted by law and to service providers that assist NextGen in meeting the needs of its customers. NextGen’s service providers are legally bound by contract to employ at least the same strict standards of confidentiality as employed by NextGen.

Other than as set forth above, NextGen does not transmit your information without your permission. Personal information may be transmitted, however, if there is a specific need to complete a transaction requested by you.

Third-party links

Some links, or messages sent via Patient Text may be to websites operated and maintained by third parties. Any information you provide to third-party websites will be governed under the terms of each websites’ privacy policy, and NextGen encourages you to investigate and ask questions before disclosing any information to the operators of third-party websites. NextGen has no responsibility or liability whatsoever for the content, actions or policies of third-party websites. The inclusion of third-party websites in no way constitutes an endorsement of such websites’ content, actions or policies.

Modifications to text privacy policy

NextGen reserves the right to change, modify or update this online SMS text privacy policy at any time without notice by updating this posting. Please review this SMS text privacy policy on a periodic basis.