Text Message Terms & Conditions
Last Updated: 12.2.2020
These Text Message Terms and Conditions are applicable to individuals who have subscribed and expressly consented to receive text messages from Syneos Health, Inc. (“Syneos Health”) or its affiliates, subsidiaries, or service providers.
By “Opting In” to or using the “Text Message Service” (both as defined below):
- you expressly consent to receive non-marketing and marketing text messages from Syneos Health, including text messages made with an Auto dialer (as defined below), at the mobile phone number(s) you provide in accordance with these Text Message Terms and Conditions; and
- you agree to resolve disputes with Syneos Health through binding arbitration, and you waive any right to participate in class actions, all as detailed in the “DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER” section below. NOTE: THESE TEXT MESSAGE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH SYNEOS HEALTH. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
About the Text Message Services
“Text Message Services” include any arrangement or situation in which Syneos Health, or a Syneos Health service provider, sends (or indicates that it may send, or receives a request that it send) one or more text messages for marketing or non-marketing purposes, as described below.
The Syneos Health short code is: 75213
Syneos Health offers Text Message Services to provide information or resources on topics including, but not limited to the following:
Screening Appointment Reminder
- Hi, this is a reminder that you have an appointment with Syneos Health Miami for screening on [Date-Time]. Please reply with YES to confirm or text NO if you are unable to come in.
Optional: Please remember to bring a valid ID with you.
- Hi, this is a reminder that you have an appointment for screening on [Date-Time]. Please remember to bring a valid ID with you. Thank you, Syneos Health Miami. Text YES to confirm or NO if you are unable to come in.
Controls/Repeat Appointment Reminder
- Hi, this is a reminder that you have an appointment with Syneos Health Miami for a repeat on [Date-Time]. Please reply with YES to confirm or text NO if you are unable to come in.
Optional: Please remember to bring a valid ID with you.
- Hi, this is a reminder that you have an appointment for a repeat on [Date-Time]. Please remember to bring a valid ID with you. Thank you, Syneos Health Miami. Text YES to confirm or NO if you are unable to come in.
Admission Reminder
- Hi, this is a reminder that you have an appointment with Syneos Health Miami for [Study Number] Admission on [Date-Time]. Please reply with YES to confirm or text NO if you are unable to come in. Optional: Please remember to bring a valid ID with you. .
- Hi, this is a reminder that you have an appointment for [Study Number] Admission on [Date-Time]. Please remember to bring a valid ID with you Thank you, Syneos Health Miami. Text YES to confirm or NO if you are unable to come in.
Return Visit Reminder
- Hi, this is a reminder that you have an appointment with Syneos Health Miami for [Study Number] Return Visit on [Date-Time]. Please reply with YES to confirm or call [BUSINESS-PHONE] if unable to attend. Optional: Please remember to bring a valid ID with you. (Upon characters number).
- Hi, this is a reminder that you have an appointment for [Study Number] Return Visit on [Date-Time]. Please remember to bring a valid ID with you. Thank you, Syneos Health Miami. Text YES to confirm or NO if you are unable to come in.
Address SMS
- Hi, this is Syneos Health Miami. We are located on 1951 NW 7th Av. Miami, FL 33136 [Suite Number].
General Recruitment
- Syneos Health Miami is looking for healthy men and women volunteers, from 18 to 65 years old. For all study details call our Recruitment Center to 305-351-9951 to 54.
Specific Campaign:
- Syneos Health Miami is looking for [healthy/special population/patients] [Gender], from [Age range] years old. For all study details call our Recruitment Center to [Campaign Number].
To sign volunteers over the phone SMS :
Mobile Term and Conditions :
Syneos Health Account Notification Alerts Terms & Conditions
Text JOIN TO 75213 to receive Syneos Heath clinical Trials Notification Alerts. Max 10 msg/month. Reply HELP for help, Reply STOP to cancel. Msg&Data Rates May Apply.
Compatible carriers include: Associated Carrier Group (ACG), AT&T, Boost, ClearSky, Google Voice, Interop, Metro PCS, Peerless Network, Sprint, T-Mobile®, Truphone Limited, U.S. Cellular, Verizon Wireless, and Virgin Mobile.
Alerts sent via SMS may not be delivered if the mobile phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of the wireless carrier may interfere with message delivery, including the customer’s equipment, terrain, proximity to buildings, foliage, and weather. The wireless carrier does not guarantee that alerts will be delivered and will not be liable for delayed or undelivered messages.
To discontinue receiving SMS messages from Syneos Health, text STOP to 75213 .
For additional help, text HELP to 75213 call us 305-351-9951 to 54.
Message Frequency: Text messages will vary in frequency, and the Text Message Services may send multiple, recurring messages depending on the program and your communication with Syneos Health.
Cost to Participate: Although Syneos Health does not charge a fee to receive Text Message Services, mobile phone carrier charges, such as message and data rates, may apply, as provided in your mobile telephone service plan. Check with your wireless phone carrier for your plan details. By Opting In to the Text Message Services, you approve any such charges from your mobile carrier.
Use of Auto dialers: Syneos Health and its service providers may, from time to time, use standard or manual telephone dialing or an automatic telephone dialing system ("Auto dialer") to deliver Text Message Services.
Text Message Services Availability: Text Message Services should be available through your equipment or mobile device when the equipment or device is within the operating range of your wireless service provider. Text Message Services may not be available on all equipment/mobile devices, or through all wireless carriers, and not all functionalities of the Text Message Services may be available on all equipment/mobile devices, or through all wireless carriers. Text Message Services may, from time to time, in its discretion and without notice to you, limit the carriers that support these services. Certain other carriers may not support the Text Message Services.
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Mobile Carriers
The 75213 short code used for the Text Message Services is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice.
Opting In
When we say “Opting In,” “Opt In” and “Opt-In,” we mean requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages from Syneos Health.
Opting-In to receive Text Message Services is not required to purchase any products or services from Syneos Health.
By Opting In to the Text Message Services:
- You authorize Syneos Health to use Auto dialer and/or standard dialing technology to send marketing and non-marketing text messages to the cell phone number associated with your Opt-In (i.e., the number listed on the Opt-In form or instructions, or, if none, the number from which you send the Opt-In, or, if none, the number on file for the account associated with your Opt-In) unless and until such permission is revoked in accordance with these Text Message Terms and Conditions.
- You authorize Syneos Health to send you text messages in spite of the fact that your mobile phone number(s) may otherwise be on a state or federal Do Not Call List, and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the Text Message Services.
- You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan, that you are authorized to Opt In, and that you approve any charges that your mobile carrier may charge you as part of your service plan.
You can Opt In to Text Message Services by:
- Texting JOIN to 75213
After Opting In, in addition to the main messages the service offers, you may receive one or more welcome messages or administrative messages, such as (in some cases) a request to confirm your Opt-In.
Opting Out
When we say “Opting Out” or “Opt Out” we mean unsubscribing, cancelling, un-enrolling in, or otherwise terminating or withdrawing your consent to receive Text Message Services.
You can you can Opt Out of Text Message Services by:
- Texting STOP to 75213, or by replying STOP to any program message from your mobile phone or
- Contacting 1-800-245-8975
If you Opt-Out of Text Message Services, Syneos Health will respond to your cancellation request (regardless of form) with a text message that will confirm receipt of your cancellation request and indicate that you will no longer receive text messages from Syneos Health.
Help and Support
To get help or answers to your questions about the Text Message Services:
- Contact [email protected] or call 1-305-351-9951;
- Text HELP to 75213 or reply HELP to any message you receive as part of the Text Message Services, and we will send you an additional text message that will include relevant contact information
Your Obligations
You represent that:
- You are the account holder for the mobile telephone number(s) that you provide or that you have the account holder's permission to enter the mobile telephone number(s) that you provide, and that you will not initiate messages to the mobile phone of any other person or entity.
- You are authorized to incur any mobile message or data charges incurred by participating in the Text Message Services.
- You will maintain current, accurate and complete information with Syneos Health regarding your use of the Text Message Services, including, without limitation, notifying Syneos Health in writing immediately if you change, or cease being the regular user of, your mobile telephone number.
- You will not use the Text Message Services for any illegal or unlawful purposes.
- You are at least 18 years of age.
You indemnify and hold Syneos Health, its employees, officers, service providers, and agents harmless from all claims, suits, demands, judgments, fines, expenses, damages, and costs, including reasonable attorneys' fees, related to or caused in whole or in part by your failure to notify Syneos Health that you have changed your telephone number, or ceased being the regular user of your telephone number, including, without limitation, those related to or arising under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq as amended from time to time.
Modifications
Syneos Health may revise, modify, or amend these Text Message Terms & Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to our website. You agree to review these Text Message Terms & Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive our text messages will indicate your acceptance of those changes.
Amendment; Termination
Syneos Health may suspend or terminate your participation in Text Message Services if we reasonably believe you have violated our Text Message Terms & Conditions. Your receipt of Text Message Services is also subject to termination in the event that your mobile telephone service terminates or lapses. Syneos Health reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Text Message Services for any reason, with or without notice to you.
DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER.
This Dispute Resolution, Arbitration, and Class Action Waiver provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below) that may arise between you and Syneos Health. In this Provision, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) relating to these Terms, the Website or the Materials, whenever you also assert claims against us in the same proceeding.
This Provision provides that all disputes between you and us will be resolved by binding arbitration. Acceptance of these Terms constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or a jury. To be clear, there is no judge or jury in arbitration and judicial review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief (including attorney’s fees) that a court is permitted to award. You may, however, opt-out of this Provision. If done, you would have the right or the opportunity to bring claims in court, before a judge or a jury, or to participate in or to be represented in a case filed in court by others (including class actions). BOTH YOU AND SYNEOS HEALTH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution. For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the dispute which is done by emailing the following information to [email protected]: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 45 days after receiving your notification, than you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or we may choose to pursue a dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing the following information to [email protected]: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take your decision personally. In fact, we promise that your decision to opt-out of this Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court.
Arbitration Procedures. If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision. For arbitration before AAA, for disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative procedures or rules apply to the arbitration. Because these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or we may initiate arbitration in either North Carolina or the federal judicial district that includes your billing address.
Payment of Arbitration Fees and Costs. So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver. Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and we specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
Jury Waiver. You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
Severability. If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.
Continuation. This Provision shall survive your discontinued use of the Text Message Services. Notwithstanding any provision in these Text Message Terms and Conditions to the contrary, we agree that if we make any change to this Provision (other than a change to our notice address), you may reject any such change and require us to adhere to the present language in this Provision if a dispute between us arises.
Applicable Law; Miscellaneous
The Federal Arbitration Act, North Carolina state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Except for disputes subject to arbitration as described above, any disputes relating to these Text Message Terms and Conditions or the Text Message Services will be heard in the courts located in Wake County, North Carolina. If any of these Text Message Terms and Conditions are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforced any of these Text Message Terms and Conditions, we are not waiving our rights. These Text Message Terms and Conditions are the entire agreement between you and us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between you and Syneos Health about the Text Message Services.
SYNEOS HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE TEXT MESSAGE SERVICES. SYNEOS HEALTH HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES WILL SYNEOS HEALTH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF, OR IN CONNECTION WITH USE OF THE TEXT MESSAGE SERVICES, WHETHER OR NOT SYNEOS HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If individuals are dissatisfied with the Text Message Services or with these Text Message Terms and Conditions, their sole and exclusive remedy is to opt out of the Text Message Services. Individuals who participate in the Text Message Services offered by Syneos Health do so at their own risk.
Syneos Health does not guarantee the successful delivery of text messages. Messages sent via text may not be delivered if the mobile phone number is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including the customer's equipment, terrain, and proximity to buildings, foliage, and weather. Syneos Health will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the contents of any text message for any purposes.
To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless Syneos Health, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys' fees), judgments or penalties of any kind or nature whatsoever arising from your use of the Text Message Services.
Syneos Health reserves the right to change these Text Message Terms and Conditions or cancel any Text Message Service or your participation in it at any time with or without notice. Your continued use and acceptance of text messages from Syneos Health after changes are made to the Text Message Terms and Conditions will be deemed acceptance of the Text Message Terms and Conditions as modified by the posted changes. Therefore, please check these Text Message Terms and Conditions on a regular basis
Syneos Health Privacy Policy
You consent to the handling of your information as described in the Syneos Health Privacy Notice. For questions about the Syneos Health Privacy Notice, call +1 866 875 1569.