Standard Service Description

TestSmarter, Inc. ("TestSmarter", "we" or "us") uses SMS text messages to communicate important information with you relating to your account, orders, testing, etc. You must consent to receive SMS text messages from TestSmarter using your mobile number. Your consent is not required to purchase any goods or services from us, and you may opt-out of these communications at any time.

By opting-in to receive these communications, you accept and agree to be bound by these SMS / Text Messaging Terms and Conditions as applicable and any other applicable agreements, terms and conditions related to your use of TestSmarter's services. Prior to TestSmarter sending any such messages, we will send you an opt-in message to (a) identify the company who provided your information to us; and (b) request your permission and consent to communicate with you using SMS text messages.

DME/HME Providers: TestSmarter sends SMS text messages with important alerts and notifications relating to your account(s), order(s), report(s), and patient(s).

Patients: TestSmarter sends SMS text messages with important alerts and notifications relating to your account(s), order(s), and testing, as well as links which allow you to electronically sign documents relating to your testing.

Opt-In Process

TestSmarter will first send an opt-in SMS text message to your mobile number requesting your permission for us to send you SMS text messages to your mobile number. If you are a patient, the name of your medical equipment provider who provided your information to us will be included in that message. We will not send any other SMS text messages to your mobile number until you have followed the instructions in that message and replied to that message confirming your consent to receive SMS text messages from TestSmarter.

Opt-Out Process & Information

You may opt-out at any time by replying "STOP", "CANCEL", or "UNSUBSCRIBE" to any SMS text message you receive from TestSmarter, or by completing our online SMS / Text Messaging Opt-Out Form. For information about our SMS text messaging programs, or for support, reply "HELP" to any SMS text message you receive from TestSmarter, or you may also click here to contact us by phone or email or in writing.

Data Rates & Charges

Message & Data rates may apply. A wireless service provider may charge for each SMS text message that is sent and received. Message and data charges will appear on your phone bill or be deducted from your prepaid account. Consult your service provider for information about your pricing plan.

Subscriber Requirements

Each subscriber must use their own wireless device capable of two-way SMS text messaging and a participating carrier with a telephone area code within the 50 United States or the District of Columbia. Not all carriers covered. Participating carriers are not liable for any delayed or undelivered messages.

SMS Services

The services are offered on an "as is" basis, and (a) may not be available in all areas at all times; and (b) may not continue to work in the event of a product, software, coverage, or other service changes made by your wireless carrier. We may change or discontinue the services without notice or liability to you.

Privacy

Information collected in connection with the SMS services will be used in accordance with our Privacy Policy.

TestSmarter and its officers, directors, employees and agents are not responsible and shall not be liable for any losses or injuries of any kind resulting from technical failures or delays of any kind, any damage to any person's computer or wireless device, or any other loss directly or indirectly caused by participation in the services. We reserve the right to cease delivery of messages to any person at any time in our sole discretion.

Governing Law

These Terms and Conditions are governed by the laws of the State of Florida, without regard to its principles of conflicts of law, and regardless of your location.

Contacting Us

If you have questions, you may click here to contact us in writing or by phone or email.

Arbitration of Disputes

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ONLINE SERVICES (EACH, A "DISPUTE"), WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT, WITH RESPECT TO ANY DISPUTE, (A) TESTSMARTER AND YOU ARE EACH WAIVING THE RIGHT TO A COURT ACTION AND A TRIAL BY A JURY; (B) ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; (C) CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED; AND (D) YOU ARE GIVING UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (the "AAA") under its Consumer Arbitration Rules (currently available online at https://adr.org/consumer) as amended by these SMS / Text Messaging Terms and Conditions. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of these SMS / Text Message Terms and Conditions and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these SMS / Text Messaging Terms and Conditions, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these SMS / Text Messaging Terms and Conditions will preclude you from bringing issues to the attention of federal, state, or local agencies and, if applicable law allows, they can seek relief against us for you.