Terms & Conditions for SMS/MMS Communications Among Employees

Effective Date: 12/1/2024, revised 6/2/2025

These Terms & Conditions (“Terms,” “the Agreement”) govern the employee/vendor/subcontractor’s (hereinafter “the Employee,” “the user,” “you,” or “your”) use of the SMS & MMS communication channels provided by Fort Wayne Radiology Association LLC or its subsidiaries or affiliates (hereinafter, “Fort Wayne Radiology,” “FWRadiology,” “FWR,” “the Company,” “we,” “us,” “our”) (“the Service,” “the Program”). By opting into and using our SMS/MMS program, you agree to these Terms. Your participation in the Service is also subject to our Privacy Policy and Terms and Conditions of Use, which expressly incorporated by reference herein. This Agreement is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. Please read the Terms carefully.

Use of Services

By accessing or using the Service, you agree to be bound by these Terms. To receive Fort Wayne Radiology messages, you must be 18 years of age or older. You must also be employed at or contracted by Fort Wayne Radiology and/or its subsidiaries Breast Diagnostic Center and P.E.T. Fusion Imaging.

Consent to Receive Messages, including Message Frequency and Potential Fees for SMS Messaging

By opting into the SMS/MMS program, you consent to receive text messages from Fort Wayne Radiology. You also affirm that you are the account holder, or are an authorized user of the account, of the recipient phone number registered with the Company.

You express written or verbal consent to receive recurring text messages from Fort Wayne Radiology, via RingCentral Business SMS.

Message and data rates may apply to each text message sent or received in connection with Fort Wayne Radiology text messages, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans. Fort Wayne Radiology does not impose a separate fee for sending Fort Wayne Radiology text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

The number of Fort Wayne Radiology text messages that you receive daily will vary depending on the nature of your role at/with the Company. Some roles will receive more messages than other roles would. You may not receive more than 10 (ten) messages daily.

Examples of these messages include:

  1. Employment-related updates, such as reminders, scheduling requests, or daily Moonlighting expectations.
  2. Company announcements and important notices, including but not limited to adjusted holiday hours, office closures due to inclement weather, etc.

Opt-In Information

To opt-in to receive text messages from the Company, you may use one or more of the following methods:

  1. Informing the Human Resources representative or department of your written or verbal consent at your Onboarding process. The Human Resources representative will then record your consent in your profile account with the Company.
  2. Texting START to the appropriate Company text line(s). Please consult the Human Resource department for these text lines.

You may opt-in at any time, even if you decline during your Onboarding process. We store your opt-in and opt-out preferences in accordance with The Campaign Registry and mobile carrier compliance requirements.

How to Opt-Out

You may opt out of receiving SMS/MMS messages at any time, including during your Onboarding process. To stop receiving text messages from a specific Fort Wayne Radiology text line, text STOP to the number of the text line from which you no longer wish to receive messages. You acknowledge that you may then receive one (1) final message from Fort Wayne Radiology, confirming you opt-out of receiving text messages from that text line. Following such a confirmation message, no additional text messages associated with that text line will be sent to you unless you re-activate and re-enroll to the Service. This will only opt you out of the specific text line associated with that number. You will remain opted into any other Fort Wayne Radiology text lines you have not opted out of.

After opting out of the Service, we will remove your phone number from the SMS/MMS registry promptly. You may still receive updates through other communication channels, such as email or internal portals.

Privacy and Data Use

We collect your mobile telephone number, name, and any other data and information you provide when opting into the Service. Data, such as delivery status and response rates, are used to improve internal communications

Fort Wayne Radiology and its subsidiaries will not sell, rent, or share your information with third parties or affiliates for marketing purposes under any circumstances.

For more details on data use and privacy, please review our Privacy Policy here.

Prohibited Content and Use

Under no circumstances may you use the Service for the following purposes:

  1. Fraudulent, misleading, or illegal purposes
  2. Sending messages that include hate speech, violence, or adult content
  3. Sharing third-party content without expressed consent
  4. Transmit, discuss, or reference Protected Health Information (PHI) or Personally Identifiable Information (PII) of patients, clients, or others.

All communications containing such information must adhere to approved secure and HIPAA-compliant channels and protocols.

We reserve the right to suspend or terminate your access if we believe you are in violation of these terms or applicable laws, including CTIA and TCPA guidelines. Your receipt of Fort Wayne Radiology text messages is also subject to termination if your mobile telephone service terminates or lapses. Fort Wayne Radiology reserves the right to modify or discontinue, temporarily or permanently, all or any part of Fort Wayne Radiology text messages, with or without notice.

Disclaimers

Access or Delivery

  1. The Service is provided “as is” and without warranties of any kind. Fort Wayne Radiology is not responsible for any delays, unauthorized access to your information caused by factors outside of the Company’s control, or delivery failures in message delivery caused by mobile carriers or other third-party services. It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device can receive text messages. Your receipt of our text messages is subject to the terms and conditions of agreement(s) with your mobile carrier.
  2. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Fort Wayne Radiology’s control, and Fort Wayne Radiology is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Supported Carriers

  1. Supported carriers may change from time to time, but currently include AT&T, Spring/Boost, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others.
  2. Carriers are not liable for delayed or undelivered messages.
  3. T-Mobile is not liable for delayed or undelivered messages.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special, or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of Indiana.

If any term of these Fort Wayne Radiology LLC Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.

Support & Help

To request more information, text HELP to the text line about which you have questions. You may also receive help by contacting the Human Resources department, or by emailing info@fwradiology.com.

Changes to Terms and Conditions

Fort Wayne Radiology may revise, modify, or amend these Fort Wayne Radiology LLC SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Fort Wayne Radiology’s website. You agree to review these Fort Wayne Radiology LLC SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive and use the Service will indicate your acceptance of those changes.

Contact Us

For questions or concerns about these Terms, the Service, or your information, please email us at info@fwradiology.com.

Acknowledgement of Terms

By opting into our SMS/MMS program, you confirm that:

  1. You have read, understood, and agree to these Terms and Conditions.
  2. You consent to receiving SMS/MMS messages as outlined above.