Effective Date of these Terms and Conditions:  March 8, 2023

Text (SMS & MMS) Messaging Program Terms & Conditions

Please Read These Terms and Conditions Before Participating in the TLC Text Messaging Programs (the “Text Messaging Program” or “Program”).

By participating in this Program, you are agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not participate in any of the SMS Messaging Programs described below.

Customers Must Opt-In to the Prospective Program

TLC allows its customers to opt-in to receive SMS (Short Message Service) and MMS (Multimedia Message Service) notifications regarding pharmacy information.

Pharmacy SMS & MMS Alerts

Specific pharmacy messages ("Pharmacy Alerts") a customer may receive are

(i) when your prescription is ready for pickup,
(ii) when a prescription is due for a refill,
(iii) when TLC needs to contact you about a prescription, and
(iv) other healthcare services that we may offer in the future.

When you opt into receiving Pharmacy Alerts, you will receive a message that confirms your enrollment in the Pharmacy Alerts program.  Once enrolled in the Pharmacy Alerts program, you will receive messages notifying you when your prescription is ready for pickup. You agree that Pharmacy Alerts may be sent using an automated telephone dialing system or an artificial or prerecorded voice. Please note that by providing your mobile phone number, you acknowledge that notices about your prescriptions, which may include some limited protected health information, will be sent to the number you provide, which may be viewed by whomever has access to that mobile phone or the carrier account.

Please note that Message and Data Rates May Apply and you are responsible for those charges.

Message frequency 4 msgs/month.

TLC Verification Program

By opting into the TLC Verification Program, you agree to receive transactional SMS/MMS messages to authenticate new account signups and password reset requests.  You agree that TLC Verification messages may be sent using an automatic telephone dialing system or an artificial or prerecorded voice.

How to Opt Out

You understand and agree that each short code and/or telephone number used to communicate with you is an independent message campaign, separate and apart from any other message campaign you may receive from or on behalf of TLC, their affiliates, agents, assigns, or service providers.  You understand that in order to opt out of receiving messages you must opt out of each campaign in which you are enrolled.

You may opt out of Pharmacy Alert messaging at any time by texting STOP to the number from which you received pharmacy text notifications.

You may opt out of TLC Verification messages by replying to any text with STOP to the number from which you received pharmacy text notifications.

How to Get Help

For help at any time about Pharmacy Alerts for TLC, text the word HELP to the number from which you received pharmacy text notifications.

TLC customers may also email customer support at support@tlcrxdme.com or call 956.424.6268

To ensure texting compliancy, TLC has partnered with Corto Media, Inc. as its SMS Provider.

Supported Carrier List

AT&T, Sprint, Virgin Mobile, T-Mobile®, MetroPCS, U.S. Cellular®, Verizon Wireless.  Mobile carriers are not liable for delayed or undelivered messages.

Protecting Your Personal Information

Please read Privacy Policy to understand the information we gather from the Text Messaging Program and the specific measures we take to protect your personal information.

Minors

If you are a registered user under 18, you or your guardian may request that TLC remove any content or information that you may have posted on our Internet Web site, or any online service, online application, or mobile application, including your name, address, mobile or home phone, gender and date of birth. If you choose to request that TLC remove any such content or information, you may do so by writing to TLC 909 Business Park Drive, Suite # 2 Mission, TX 78572.  Please note, that our removal may not be complete or comprehensive, such as when the content or information has been reposted by a third party.

DISCLAIMER

THE PROGRAM AND OUR text messaging content is provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the full extent permitted by law, TLC disclaims all representations and warranties, either express or implied, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose.

TLC shall not have any liability or responsibility for any errors or omissions in the content of this program. TLC does not represent or warrant that the text messaging program will operate without interruption or error.

In no event shall TLC, their affiliates or any of their employees, directors, officers, agents, vendors or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with participation in this program, whether in contract, negligence or other tortious action, even if an authorized representative of TLC has been advised of or should have known of the possibility of such damages. In jurisdictions which do not allow the exclusion or limitation of liability for incidental or consequential damages, such limitation shall not be applicable to you.

Your participation in the text messaging program is at your sole risk and if you are dissatisfied with the text messaging program, its content or with these terms and conditions, your sole and exclusive remedy is to opt out of the program.

Waiver

No term or provision of these Terms and Conditions shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.

Termination

TLC reserves the right, in its/their sole discretion, to terminate your access to the all or part of the Text Messaging Program, with or without notice, for any reason or no reason, including, without limitation, your violation of these Terms and Conditions.

Governing Law and Venue

By accessing and using this Text Messaging Program, you agree that your access and use is subject to these Terms and Conditions as well as applicable laws, as governed and interpreted pursuant to the laws of the State of Texas. Any litigation arising out or in connection with your use of this Program shall be exclusively in the state or federal courts located in Hidalgo County, Texas.

Your Representations and Warranties

By providing your phone number to TLC, and for any phone number that you might provide to TLC in the future, you certify, warrant and represent that the telephone number you have provided to us is your contact number and not someone else’s.  You represent that you are permitted to receive calls and text messages at the telephone number you have provided to us.  You agree to promptly alert us whenever you stop using a telephone number.  In the event that you provide a phone number for which you do not have authority to provide consent, you agree to defend and indemnify TLC, and/or their affiliates, agents, assigns, and service providers against any claims relating to SMS/MMS messages that TLC and/or their affiliates, agents, assigns, and service providers may make to any such phone number based on the consent that you have provided to receive such SMS/MMS messages.

Severability; Entire Agreement

If any part of this agreement is ruled to be unenforceable, then such part shall be limited or eliminated to the minimum extent necessary, with the remainder of agreement remaining in full force and effect. The Terms and Conditions constitute the entire agreement between us governing your use.