EmpiRx Health, LLC (“EmpiRx”, “we”, “us”, “our”) understands that you have requested us (and our affiliates and subcontractors) or a third-party organization through which you receive health benefits or services to which EmpiRx provides support services, to communicate with you through text notification (“Text Notification Process”). Please keep in mind that information contained in a text could be read by a third party. By way of example, a person with access to your phone or cellular account may be able to see your information; also, if your phone is connected to a Wi-Fi signal or the internet, information transmitted could be accessed by third parties.
You may opt out of the Text Notification Process at any time. To stop receiving text communication through EmpiRx text “STOP” to [NUMBER] or contact [TOLL FREE NUMBER]. If you opt into more than one product or service made available by or through EmpiRx, you may need to opt out receiving text notifications from each product or service.
These Text Messaging Terms and Conditions (“this Agreement”) contain important information about our Text Notification Process. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. We offer access to pharmacy and healthcare service messages via recurring SMS (“Short Message Service”) and MMS (“Multimedia Message Service”) text communication. In order to receive text messaging from us, you must provide your own cellular phone number with an area code within the United States of America.
By opting into in the Text Notification Process, you accept this Agreement. This Agreement is effective when you opt in. Periodically, you may be asked to verify your cellular phone number or other confirming details of your identity. The frequency and number of text communications you receive may vary. You may only use the Text Notification Process in accordance with applicable law and in a manner that will not cause harm to any person or organization. EmpiRx may change this Agreement at any time, at its sole discretion by posting or otherwise making available an updated version.
Text communications will be directed to the phone number you provide. These text communications may include personal information about your prescriptions or other aspects of your health.
We may use information generated through your use of the Text Notification Process to create aggregated or non-identifiable information to monitor the performance and use of the Text Notification Process. Through the Text Notification Process, you may be able to opt in to other specific programs and offerings. Those programs and offerings may necessitate the sharing of your information with third parties.
If you provide suggestions, comments, feedback or other information to us regarding the Text Notification Process, you assign any right, title, and interest, including all intellectual property rights relating thereto, to EmpiRx.
We do not charge you for text communications; however, message and data rates may apply depending on the terms and conditions of your mobile cellular contract. EmpiRx does not have any control over these rates, nor any other obligations you may have to your mobile carrier. Please contact your mobile service provider about any charges. Neither we nor your mobile phone carrier or any our respective subcontractors and agents are responsible for delivery delays or failure of any communications to transmit.
The Text Notification Process is provided on an “as is” basis and: (1) may not be available in all areas, (2) may not be available at all times, (3) may not be free from error or interruption, (4) may not work or continue to work in connection with your mobile phone carrier. We may alter the functionality of the Text Notification Process or discontinue the Text Notification Process at any time without notice or liability to you. Either we or third parties that EmpiRx interacts with may provide you with information relating to your health benefits or services through the Text Notification Process. Any information provided to you by us or a third-party through the Text Notification Process is also provided on an “as is” basis. You are provided no warranties of any kind.
EmpiRx, its affiliates, your mobile phone carrier, and respective subcontractors and agents will not be liable for any losses or injuries of any kind resulting, directly or indirectly, from your use or non-use of the Text Notification Process or from technical failures or delays of any kind. We may limit, discontinue, or otherwise restrict your use or access to the Text Notification Process at any time in its sole discretion. YOUR SOLE REMEDY IS TO STOP USING THE TEXTING SERVICE. THIS LIMITATION IS A MATERIAL PART OF THIS AGREEMENT.
Your use of other EmpiRx products or service offerings may be subject to other conditions. The products or service offerings made by third parties may be subject to other terms and conditions that will be made solely between you and the third party independent of EmpiRx.
This Agreement and any dispute arising out of or related to your use of the Text Notification Process shall be governed by, and construed in accordance with, the laws of the State of New Jersey without giving effect to that body of laws pertaining to conflict of laws. Disputes arising out of or related to this Agreement shall be brought the State of New Jersey. You expressly consent to the jurisdiction of courts in the State of New Jersey, and waive all objections to venue and jurisdiction within the forum. YOU EXPRESSLY AGREE THAT ANY CLAIM OR DISPUTE ARISING OUT OF YOUR USE OF THE SERVICES SHALL BE RESOLVED THROUGH ARBITRATION, IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The American Health Lawyers Association Rules then in effect shall be used in any arbitration proceeding and a single arbitrator shall be appointed by the parties. There are no third-party beneficiaries to this Agreement. EmpiRx may only waive its rights through a written understanding signed by an authorized company officer. If any provision of this Agreement is determined to be invalid, the remainder of this Agreement will remain in full force and effect, and this Agreement may then at EmpiRx’s sole discretion be conformed in a manner that best protects EmpiRx.
If you have any questions or need additional information, please contact EmpiRx at: Legal@EmpiRxHealth.com.
March 13, 2026