SMS Terms and Conditions
Please read these terms and conditions carefully. By checking the box to sign up for
one or more text messaging programs, you expressly consent to receive non-marketing
and marketing text messages from NakedMD Inc, and NKMD Mgmt, LLC Corp.
(“NakedMD, Inc, and NKMD Mgmt, LLC”) and third parties working on behalf of
NakedMD, Inc, and NKMD Mgmt, LLC. You expressly agree that NakedMD, Inc, and
NKMD Mgmt, LLC may deliver communications to you at the telephone number and
email supplied during the account registration process even if your telephone numbers
are on any Do Not Call (or similar) list so it will not be considered unauthorized by any
local, state or federal law or regulation. Communications will be made using an
automatic telephone dialing system, an artificial and/or a prerecorded voice by phone
calls, text messages, voicemails, and emails advertising NakedMD, Inc, and NKMD
Mgmt, LLC’s services, products, promotions, appointments and account information.
You agree and understand that you are not required to opt into this program to purchase
goods or services. You may opt out or unsubscribe at any time by providing notice to
NakedMD, Inc, and NKMD Mgmt, LLC.
You also accept and agree to be bound by these SMS Terms and Conditions, the
NakedMD, Inc, and NKMD Mgmt, LLC website Terms of Use, NakedMD, Inc, and
NKMD Mgmt, LLC Privacy Policy, and any other applicable terms and agreements
related to your use of NakedMD, Inc, and NKMD Mgmt, LLC’s services.
Program Details: NakedMD, Inc, and NKMD Mgmt, LLC Appointment Reminders and Promotional Alerts.
How to Opt-Out
To stop receiving text messages from NakedMD, Inc, and NKMD Mgmt, LLC text, reply
“STOP” or email service@nakedmd.com to request removal from the text message
program.
How to reach customer service
Reply “HELP” to receive a message with details on reaching our customer service
department.
Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that
you provide. You are responsible for notifying NakedMD, Inc, and NKMD Mgmt, LLC
immediately if you change your mobile telephone number. You may notify NakedMD,
Inc, and NKMD Mgmt, LLC of a number change by emailing service@nakedmd.com.
You agree to indemnify NakedMD, Inc, and NKMD Mgmt, LLC in full for all claims,
expenses, and damages related to or caused in whole or in part by your failure to notify
NakedMD, Inc, and NKMD Mgmt, LLC if you change your telephone number, including,
but not limited to, all claims, expenses, and damages related to or arising under the
Telephone Consumer Protection Act.
Frequency of Messages
The number of texts you receive per month will depend on your settings and account
activity. The text messages that we provide are being delivered as a convenience to you
for information or marketing purposes. Up to 10 messages per appointment and up to
20 promotional alerts/month. Messages are recurring.
Cost
Message and data rates may apply to each text message sent or received in connection
with NakedMD, Inc, and NKMD Mgmt, LLC text messages, as provided in your mobile
telephone service rate plan (please contact your mobile telephone carrier for pricing
plans), in addition to any applicable roaming charges.
No Guarantee of Access or Delivery
Delivery of information and content to a mobile device may fail due to a variety of
circumstances or conditions. Content is not available on all carriers and carrier
participation could change. Carriers are not liable for delayed or undelivered messages.
You understand and acknowledge that network services, including but not limited to
mobile network services, are outside of NakedMD, Inc, and NKMD Mgmt, LLC’s control,
and NakedMD, Inc, and NKMD Mgmt, LLC is not responsible or liable for issues arising
from them.
Modifications and Updates to Terms and Conditions
NakedMD, Inc, and NKMD Mgmt, LLC may revise, modify, or amend these SMS Terms
and Conditions at any time. Any such revision, modification, or amendment shall take
effect when it is posted to NakedMD, Inc, and NKMD Mgmt, LLC’s website. You agree
to review these SMS Terms and Conditions periodically to ensure that you are aware of
any changes. Your continued consent to receive NakedMD, Inc, and NKMD Mgmt, LLC
text messages will indicate your acceptance of those changes.
Termination of Text Messaging
NakedMD, Inc, and NKMD Mgmt, LLC may suspend or terminate your receipt of
NakedMD, Inc, and NKMD Mgmt, LLC text messages if NakedMD, Inc, and NKMD
Mgmt, LLC believes you are in breach of these SMS Terms and Conditions. Your
receipt of NakedMD, Inc, and NKMD Mgmt, LLC text messages is also subject to
termination in the event that your mobile telephone service terminates or lapses.
NakedMD, Inc, and NKMD Mgmt, LLC reserves the right to modify or discontinue,
temporarily or permanently, all or any part of NakedMD, Inc, and NKMD Mgmt, LLC text
messages, with or without notice.
Dispute Resolution
Mandatory, Bilateral Arbitration. Please read this carefully. It affects your rights. YOU
AND NakedMD, Inc, and NKMD Mgmt, LLC AGREE THAT ANY DISPUTE,
CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THIS
AGREEMENT OR THE SERVICE SHALL BE RESOLVED ONLY BY FINAL AND
BINDING, BILATERAL ARBITRATION OR SMALL CLAIMS COURT. This agreement to
arbitrate is intended to be broadly interpreted, and expressly includes claims brought
under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other
statute, regulation, or legal or equitable theory. You and NakedMD, Inc, and NKMD
Mgmt, LLC hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”)
applies to this agreement to arbitrate, and governs all questions of whether a dispute is
subject to arbitration. Unless you and NakedMD, Inc, and NKMD Mgmt, LLC agree
otherwise in writing, arbitration shall be administered by the American Arbitration
Association’s Consumer Arbitration Rules in effect at the time of filing of the arbitration
(the “AAA’s Rules”). The arbitration decision and award is final and binding, with some
exceptions under the FAA, and judgment on the award may be entered in any court of
competent jurisdiction. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT,
YOU AND NakedMD, Inc, and NKMD Mgmt, LLC ARE EACH WAIVING THE RIGHT
TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS,
REPRESENTATIVE, OR COLLECTIVE PROCEEDING.
THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE
PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND NakedMD,
Inc, and NKMD Mgmt, LLC ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN
INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND
NakedMD, Inc, and NKMD Mgmt, LLC AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY
NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY
OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM
OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
This agreement to arbitrate does not preclude you from bringing issues to the attention
of federal, state, or local agencies. Such agencies can, if the law allows, seek relief
against NakedMD, Inc, and NKMD Mgmt, LLC on your behalf.