PATIENTS & VISITORS

Santa Clara Valley Healthcare (SCVH) SMS Program Terms and Conditions

SCVH SMS Program Description

Santa Clara Valley Healthcare (SCVH)—which is part of the County of Santa Clara and includes Santa Clara Valley Medical Center Hospital and Clinics, O’Connor Hospital, and St. Louise Regional Hospital—offers access to information via recurring, standard-rate SMS (Short Message Service) text alerts to opted-in subscribers (the “SCVH SMS Program”). Message notifications may include, but are not limited to, appointment reminders, prescription and refill reminders, updates related to patient visits, notifications about care management, billing notifications, myHealth Online account updates, and notifications about one-time passcodes.

Opting Into SMS Messaging

You may opt into the SCVH SMS Program at any time by logging onto your SCVH myHealth Online account and updating your subscription preferences on the Manage Text Subscriptions page (accessible from the Communications Preference page), or by contacting the SCVH Valley Connection help line at 1-888-334-1000 (TTY: 711) and requesting to opt in.

By providing your cell phone number to SCVH and opting into the SCVH SMS Program, you expressly consent to receive recurring text messages, which may be sent using an automatic telephone dialing system, at that number from SCVH and its physicians, agents, independent contractors (including services agencies), and affiliated County of Santa Clara Departments regarding medical services and related financial obligations, and other health-related benefits and/or services. Authorization to receive text messages is not required for any service or purchase.

Opting Out of SMS Messaging

To stop receiving SMS messages from SCVH, you agree to reply STOP to the short code number sending the message. After replying STOP, you may receive additional communications confirming that your request has been received and processed, and you may continue to receive text messages for a short period while SCVH processes your request(s).

After opting out of receiving SMS messages, you can re-enroll in the SCVH SMS Program at any time by following the instructions above.

How to Get Help

If you need assistance or have questions, text HELP to the short code number sending the message, or contact the SCVH Valley Connection help line at 1-888-334-1000 (TTY: 711).

Cost and Message Frequency

Message and data rates may apply for any messages sent to you from or on behalf of SCVH, and messages you send to us. You agree to pay any such charges. SCVH does not charge for the use of the SCVH SMS Program.

SCVH may send you periodic text messages. Message frequency may vary.

If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Participating Carriers

The SCVH SMS Program may not be available on all mobile carriers. Supported mobile carriers may change from time to time, without notice. The list of supported U.S. mobile carriers currently includes, but is not limited to, AT&T, T-Mobile, Verizon, and Google Voice.

Mobile carriers are not liable for delayed or undelivered messages.

Eligibility and Change in Phone Number

By opting into the SCVH SMS Program, or by otherwise providing your cell phone number(s) to SCVH, you warrant that you are 18 years of age or older. You further warrant that you are the current subscriber or authorized user of the phone number(s) you have provided and that you are responsible for messages sent from the device(s). You agree that you will not initiate messages to the mobile phone of any other person or entity without authorization.

You acknowledge that SMS communications are not secure or encrypted and that third parties can sometimes intercept messages or disguise messages as though they were sent by us. You agree that you will not text SCVH, or any of its physicians, agents, independent contractors (including services agencies), or affiliated County of Santa Clara Departments any confidential or sensitive information.

If you change, forfeit, or deactivate the phone number(s) you have provided to SCVH, you agree to notify SCVH immediately by contacting the SCVH Valley Connection help line at 1-888-334-1000 (TTY: 711).

Privacy

SCVH considers your privacy to be of vital importance. Please review the latest version of our Notice of Privacy Practices, which explains how we process your information and how your information may be used at SCVH, here: https://www.scvmc.org/npp.

Limitation of Liability

To the maximum extent permitted by applicable law, you hereby agree that SCVH, the County of Santa Clara, and their directors, officers, employees, agents, and assigns shall not be liable to you or anyone else for any damages or injury, including, but not limited to, direct damages, indirect damages, consequential damages, special damages, incidental damages, punitive damages, personal injury, mental anguish, emotional distress, or wrongful death that result from your use of, or inability to use, the SCVH SMS Program. This includes, but is not limited to, damages resulting from actions taken by you or others in reliance on information contained in SMS messages from SCVH, unauthorized access to information, misdirection or interception of information, intentional or unintentional breaches, and access to information by those to whom you provide your phone(s) and/or password(s). You agree that SCVH and the County of Santa Clara shall not be liable for any damages under any indemnity or any theory, including, without limitation, liability arising out of contract, negligence, strict liability, tort, patent, or copyright infringement. SCVH and the County of Santa Clara take no responsibility for, and disclaim any and all liability arising from, any inaccuracies or defects in software, communication lines, or any other service or device that you use to participate in the SCVH SMS Program. Furthermore, neither SCVH nor the County of Santa Clara shall be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages. The provisions of this section entitled “Limitation of Liability” shall survive termination of your agreement to these SMS Terms and Conditions.

Indemnity

To the maximum extent permitted by applicable law, and in consideration for SCVH permitting you to use the SCVH SMS Program, you hereby expressly release and hold harmless SCVH, the County of Santa Clara, and their officers, directors, employees, agents, and assigns from any and all claims, liabilities, demands, causes of action, costs, expenses, and damages of every kind and nature, in law or equity, or otherwise, arising out of or in any way related to your use of the SCVH SMS Program, whether arising from negligence or any other acts or omissions by SCVH or the County of Santa Clara. In addition, you will indemnify and hold harmless SCVH, the County of Santa Clara, and their officers, directors, agents, affiliates, and employees, against all actual and direct losses, liabilities, damages, claims, costs or expenses (including reasonable attorney’s fees) they may suffer as the result of third party claims, demands, actions, investigations, settlements, or judgments against them arising from or in connection with any breach of these SMS Terms and Conditions, or from any breaches of confidentiality or negligence or wrongful acts or omissions, by you or your dependents, or agents. The provisions of this section entitled “Indemnity” shall survive termination of your agreement to these SMS Terms and Conditions.

Applicable Law, Venue

These SMS Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of law principles. You agree that venue for any dispute, controversy, or claim arising out of or related to these SMS Terms and Conditions or your use of the SCVH SMS Program will be Santa Clara, California.

Changes to the SMS Terms and Conditions

SCVH reserves the right to change these SMS Terms and Conditions or cancel the SCVH SMS Program at any time. Your continued use and acceptance of SMS messages from SCVH after changes are made to the SMS Terms and Conditions will be deemed acceptance of the SMS Terms and Conditions as modified by the posted changes. Therefore, we advise you to regularly review the SMS Terms and Conditions for such revisions. If you do not agree to the SMS Terms and Conditions, you must immediately stop texting SCVH and opt out of the SCVH SMS Program as described above.

Contact Us

If you have any questions regarding the SCVH SMS Program, please contact the SCVH Valley Connection help line at 1-888-334-1000 (TTY: 711).