American Veterinary Group
Text Messaging Terms & Conditions
Please read the American Veterinary Group Text Messaging Terms & Conditions carefully. We are American Veterinary Group, LLC, (“AVG,” “we,” or “us”). We manage animal hospitals and UrgentVet care locations. The American Veterinary Group Messaging Terms apply to short messaging service (“SMS”) and mobile messaging service (“MMS”) communications that we send about the hospital brands owned and operated by the American Veterinary Group (“AVG text messaging services”). Some of the AVG text messaging services may use an automatic telephone dialing system (“ATDS”).
By opting in or otherwise agreeing to the American Veterinary Group, and/or AVG text messaging services, you agree to be bound by the AVG Messaging Terms, as well as our Privacy Notice, Terms of Service for the AVG Digital Platforms, and any other applicable terms and rules, which are incorporated by reference and can be viewed via links on our homepage. We sometimes refer to these, collectively, as our “Agreement” with you. The American Veterinary Group or AVG Messaging Terms are in addition to, and do not limit, any other part of our Agreement. If there is a conflict between the Terms of Service for the AVG Digital Platforms and the American Veterinary Group Messaging Terms, these Terms apply.
We reserve the right to change the American Veterinary Group Messaging and AVG Messaging Terms by posting an updated version on our website, so you should review the latest version each time you interact with our text messaging services. When you interact with American Veterinary Group text messaging services, you agree to be bound by the current version of the Terms and the rest of the Agreement. If you don’t agree, you should not use American Veterinary Group text messaging services. If you have already opted in, you should opt out, as described below.
IMPORTANT NOTICE: The American Veterinary Group Messaging Terms, and the rest of our Agreement, are a legally binding contract between you and us. Please read the American Veterinary Group Messaging Terms carefully as they contain important provisions governing how we will resolve disputes and could affect your legal rights. In particular:
You agree to follow our Information Dispute Resolution process, described below, before you bring a claim in court or initiate an arbitration. And we agree to do the same, provided we have a valid email address for you.
You agree that any Disputes (defined below) between you and American Veterinary Group will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any Disputes between you and American Veterinary Group will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
You agree that you will not try to sue us in a class action, either as a named plaintiff or a class member. This is called a “CLASS ACTION WAIVER.”
We want to make sure that you understand all our American Veterinary Group Messaging Terms. If you have questions, feel free to reach out by using the Contact Us methods available on our websites and mobile apps or by calling us at 877-292-0524 or via email at alerts@americanveterinarygroup.com.
About American Veterinary Group text messaging services
“American Veterinary Group text messaging services” are communications from American Veterinary Group sent via SMS and MMS messaging channels, including those sent using an ATDS, between American Veterinary Group (including our partners and service providers) and you. These communications may be sent on a recurring basis. Frequency may vary and we reserve the right to alter message frequency at any time.
There are two categories of American Veterinary Group text messages: transactional texts and marketing texts. Transactional text messages include appointment notification texts, which provide information about appointments at our American Veterinary Group hospitals (such as confirmations, cancellation, updates, and similar communications), and account information texts, which include security updates and other information about your American Veterinary Group and associated hospital account. Marketing text messages include news, pet education, special offers, and promotions about products and services offered by American Veterinary Group, UrgentVet, and our hospital brands.
Although American Veterinary Group text messaging services are complimentary, message and data rates may apply. Depending on your text and data plan, you may be charged by your carrier. American Veterinary Group text messaging services are not compatible with all cell phone models and not all mobile phone providers carry the necessary service to participate. Check your phone capabilities. You should have a wireless device of your own that is capable of two-way messaging, be using one of the participating wireless carriers, which are listed below, and be a wireless service subscriber with text messaging service. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
You have choices about the texts you receive from us. To learn more, please keep reading.
How to opt into American Veterinary Group text messaging services
Opting in to any American Veterinary Group text messaging service means that you are providing express written (and signed) consent to receive recurring texts from American Veterinary Group, including those sent via an ATDS and other technologies, at the mobile telephone number associated with your opt in; and, that we can use an electronic record to document your consent. You also agree that your information can be processed in accordance with our Privacy Notice. If you change or deactivate your mobile phone number, please contact us via email at alerts@americanveterinarygroup.com so that we can remove your number from any applicable text messaging programs.
As described above, there are two categories of American Veterinary Group text messages. You have choices about which texts you receive and may opt in separately, as described below.
Transactional texts. You can choose to receive transactional text messages, including about your appointments at our American Veterinary Group hospitals (such as confirmation, cancellation, and other appointment-related notifications) and your account at American Veterinary Group hospitals, when you make an appointment, create your account, or update your communication preferences on our website or one of the hospital mobile Apps. When you agree to receive transactional text messages about American Veterinary Group or our hospital locations, you provide express written consent to receive those messages via an ATDS and other technology on a recurring basis.
Marketing texts. We’ll ask you whether you want to receive American Veterinary Group marketing texts when you sign up for an account, in the preferences section of our website, in the preferences section of the your preferred hospital APP, and at other points throughout our relationship with you. You opt in by providing us express written consent or affirmation to receive marketing texts. Specifically, when you agree, you provide express written consent to receive recurring autodialed (or other technology) marketing texts with special offers, and promotional discounts, including promotions on products and services at American Veterinary Group (AVG) hospitals and our services, and products, at the mobile telephone number you provided.
We provide express confirmation in writing that you’ve opted in. It’s important to us that we only send texts that you want, so we’ll send a confirmation text after you opt into our transactional texts, and again after you opt into our marketing texts. When someone opts into American Veterinary Group transactional texts, we’ll text the associated mobile telephone number to confirm that they’ve agreed to receive transactional texts from American Veterinary Group (AVG). We also let them know that they can cancel their opt in by texting STOP in response or by clicking the link provided. When someone opts into American Veterinary Group marketing texts, we send the associated mobile telephone number two text messages. In the first text, we ask that the recipient to reply “YES” to confirm that they’ve opted into American Veterinary Group marketing texts, and that they want to receive those texts on a recurring basis, or that they respond by texting “STOP” to cancel their opt in. If we receive a “STOP” message, we won’t send any more marketing texts to that number (unless we receive another opt in request), except that we might send an additional text letting the recipient know that their opt out has been processed.
How to opt out of American Veterinary Group text messaging services.
You can always opt out of any part of American Veterinary Group text messaging services.
Transactional texts. To opt out of American Veterinary Group transactional texts, text STOP to 83671 from the associated mobile telephone number, click on the link contained in our transactional texts, or call 877-292-0524. Your opt out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After this, you won’t receive transactional texts about American Veterinary Group, unless you re-enroll. If you change your mind and want to start receiving American Veterinary Group transactional texts again, just sign up as you did the first time.
Marketing texts. To opt out of American Veterinary Group marketing texts, text STOP to 60181 from the associated mobile telephone number, or call 877-292-0524. Your opt out request may generate a response text, for example to let you know that your request has been received or that your opt out has been processed. After this, you will no longer receive marketing texts about American Veterinary Group, unless you re-enroll. If you want to start receiving these texts again, just sign up as you did the first time.
To clarify, in the event you cancel your opt in to receive American Veterinary Group transactional text messages, we will apply your affirmative opt out decision to marketing text messages, too, and cease sending marketing texts to your registered number.
Getting help
Please let us know if you need help with any part of the American Veterinary Group text messaging services. You can call us at 877-292-0524 or contact us using the Contact Us methods available on our website. For help with appointment and account related text messages, you can message your preferred hospital location or text HELP to 83671. If you need help with American Veterinary Group promotional texts, text HELP to 83671.
For additional help, please refer to our help page here.
Supported carriers for our texting services
Supported mobile carriers may change from time to time, but the texting services are currently supported on the following U.S. carriers for SMS messages: Sprint, Verizon, AT&T, T-Mobile, Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Boost Mobile, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Google Voice, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Metro PCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nex-Tech Wireless, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, Virgin Mobile, and West Central (WCC or 5 Star Wireless). Texting Services are currently supported on the following U.S. carriers for MMS messages: Sprint, Verizon, AT&T, and T-Mobile.
Please note, however, that the supported mobile carriers may change without notice, and the texting services you opt into, including those operated through a different number, may be limited to specific carriers. We and the mobile carriers are not liable for delayed or undelivered messages.
Privacy
Sometimes American Veterinary Group text messaging services convey information of a personal nature, including but not limited to appointment information, booking information, confirmations, pet service updates, and service details, and whoever has access to the mobile phone or carrier account will also be able to see this information. By opting into a particular service, you agree to this and acknowledge and understand that messages are sent without encryption, which presents some security risk. If you have any questions regarding privacy, please read our Privacy Notice.
Disclaimers
American Veterinary Group text messaging services are offered on an “as-is” basis and may not be always available in all areas and may not continue to work in the event of a product, software, coverage, or other changes made by your wireless or internet provider. We will not be liable for delays or failures in the receipt of any messages connected with any of our electronic messaging services.
Changes to the American Veterinary Group text messaging services and terms
You agree that AVG may, at any time and for whatever reason change, terminate, limit or suspend the American Veterinary Group text messaging services (in whole or in part) or your access to our text messaging services. We reserve the right to alter message frequency at any time. AVG also reserves the right to update or revise the American Veterinary Group Messaging Terms at any time. Notwithstanding the foregoing, your use of the American Veterinary Group text messaging services after such changes signifies your acceptance of the revised terms.
Termination
We may terminate all or any part of the American Veterinary Group text messaging services or your participation in any such service at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but the American Veterinary Group Messaging Terms will still apply. Upon any termination, any rights granted to you with regard to the American Veterinary Group text messaging services will immediately cease.
Limitation of liability
To the fullest extent permitted by applicable law, American Veterinary Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your use of or inability to receive or access our text messaging services; (b) any unauthorized access to or use of our systems or any personal information; or (c) any errors or omissions in the content of our messages or for any loss or damage incurred as a result of the use of any content transmitted via our text messaging services. You acknowledge and agree that the text messaging service is provided on an “as-is” and “as-available” basis and that your use of the service is at your sole risk. American Veterinary Group does not warrant that the messaging service will be uninterrupted, timely, secure, or error-free. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM arises from these TERMS, ANY OTHER PART OF THE AGREEMENT, OR OUR TEXT MESSAGING SERVICES; (3) WHETHER OR NOT we knew or should have known about the possibility of such damages; or, (4) WHETHER OR NOT the limited remedies provided in this section fail of their essential purpose. Unless the law says we cannot limit our responsibility, the most we’ll be responsible for—whether to you or anyone else—is $100 USD.
Dispute resolution
In the event of any controversy or dispute related to or arising out of this Agreement, you agree to meet and confer in good faith with American Veterinary Group to attempt to resolve the controversy or dispute without an adversary proceeding. Before filing a claim or arbitration, you and American Veterinary Group will try in good faith to reach an informal resolution. To start the dispute process, you must send an individualized notice of dispute to us at alert@americanveterinarygroup.com that includes (1) your name, phone number, and email address and (2) a description of the dispute or disagreement and how you’d like it resolved. If American Veterinary Group has a dispute or disagreement with you, we will send a notice of dispute with the same information to the email address we have on file. If the controversy or dispute is not resolved to the mutual satisfaction of the Parties within twenty (20) business days of the notice of dispute, we agree to submit the issue (the “Dispute”) to settlement conference and binding arbitration pursuant to the procedure set forth below.
Notice of a Dispute must be sent to American Veterinary Group at
American Veterinary Group, LLC
c/o Legal Department
4301 Anchor Plaza Parkway
Tampa, Florida 33634
If either side requests a settlement conference within twenty (20) days of the notice of Dispute, then you and American Veterinary Group must cooperate to schedule that meeting by phone or videoconference. You and American Veterinary Group each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of these requirements. If the Dispute is not resolved within the Informal Resolution Period, the Dispute must then be submitted for binding arbitration as follows:
Following the conclusion of the Informal Resolution Period, in the event the Dispute is not resolved therein, either party may submit the Dispute to arbitration by notifying the other party, as the case may be, in writing of the submission of such Dispute to arbitration (the “Arbitration Notice”). The party delivering the Arbitration Notice shall specify therein, to the fullest extent then possible, its version of the facts surrounding the Dispute and the amount of any damages and/or the nature of any injunctive or other relief such party claims.
The party receiving such Arbitration Notice shall respond within sixty (60) days after receipt thereof in writing (the “Arbitration Response”), stating its version of the facts to the fullest extent then possible and, if applicable, its position as to damages or other relief sought by the party initiating arbitration.
The parties shall then endeavor, in good faith, to resolve the Dispute outlined in the Arbitration Notice and Arbitration Response. In the event the parties are unable to resolve such Dispute within sixty (60) days after receipt of the Arbitration Response, the parties shall submit the dispute to binding arbitration in accordance with the American Arbitration Association arbitration program (the “Service”). If the parties are unable to agree on an arbitrator within sixty (60) days after receipt of the Arbitration Response, each of the parties shall, within sixty (60) days after receipt of the Arbitration Response, choose an arbitrator selector (“Selector”). The two (2) Selectors shall then have thirty (30) days to select an arbitrator from the Service’s list who shall serve as the final arbitrator for the Dispute. (The arbitrator chosen by the parties hereto or by the Selectors, as the case may be, shall hereinafter be referred to as the “Arbitrator”).
The arbitration shall be held in Tampa, Florida and shall proceed in accordance with procedures set forth by the Service in all other manners.
The award of the Arbitrator shall be binding on the parties and may be entered as a final judgment in a court of competent jurisdiction; provided that the parties’ shall retain their right pursuant to Service rules to request reconsideration by the Arbitrator.
For avoidance of doubt, you and American Veterinary Group agree that each of us may bring Disputes against the other only on an individual basis. We each may only seek or obtain individualized relief and Disputes between us cannot be arbitrated or consolidated with those of any another person or entity. This means that you, and AVG, are not allowed to bring or participate in class actions, collective actions, consolidated actions, representative actions, class arbitrations, or private attorney general actions each other (and we each waive any right we have to bring such claims). If there is a final decision (after exhaustion of all appeals) that any part of this “NO CLASS ACTIONS” section is unenforceable as to a particular claim or request for relief, then that particular claim or request, only, may be severed from the arbitration and litigated in court, but only after the Arbitrator issues an award on the arbitrable claims and remedies. The Arbitrator does not have the power to modify this provision.
Miscellaneous
Entire Agreement. The Agreement (which includes these American Veterinary Group Messaging Terms, Terms of Service for the Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) is the entire agreement between you and American Veterinary Group with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).
Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these American Veterinary Group Messaging Terms, the Terms of Service for the Digital Platforms, our Privacy Notice, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent.
Waiver. If we fail to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the Agreement will be effective only if in writing and signed by our authorized representative.
Your comments and questions:
Please use the Contact Us methods available on our Digital Platforms if you have any questions, requests or comments.
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