Kinney Drugs
Pharmacy Voice Calls and Text Messaging
Communications Terms
Read these Communications Terms (“Terms”) for important information about pharmacy voice calls and text messaging services provided by Kinney Drugs (“Kinney Drugs”) via Burt, our artificial intelligence (“AI”) powered assistant (“Burt”).
THESE TERMS CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE READ THEM CAREFULLY AS THEY MAY AFFECT YOUR LEGAL RIGHTS.
IF YOU ARE HAVING A MEDICAL EMERGENCY, DIAL 911 IMMEDIATELY. Burt does not provide medical advice.
1. EXPRESS CONSENT TO RECEIVE COMMUNICATIONS FROM BURT
By providing your telephone number to us, you consent and agree to receive automated pharmacy notification and reminder services pursuant to these Terms. You consent and agree to receive artificial and/or pre-recorded voice calls and/or text messages (SMS, MMS, and RCS) from Burt regarding your prescriptions, refill reminders, vaccines and other pharmacy related subjects. You may change your settings to receive messages from Burt via call or text while speaking with Burt or by texting “SETTINGS”. Further information on your settings is below.
By opting in to receive automated calls and/or text communications from Burt, you agree to receive such calls and texts as described in these Terms even if your number is registered on a Do Not Call registry or similar service.
You are not required to receive communications from Burt to obtain prescriptions or other services from Kinney Drugs. Burt is not a replacement for the advice of your pharmacist or other qualified healthcare professionals. Burt is designed to supplement, not replace, the methods you use to obtain medications and fill prescriptions with your pharmacy.
You will typically receive automated communications from Burt when we have information for you about your prescriptions or other healthcare transactions with Kinney Drugs, which you understand and agree are for health care treatment and related notices as contemplated by the Health Insurance Portability and Accountability Act (HIPAA).
Both calls and text communications, whether initiated by Burt or by you, may include protected health information, such as the name of your medication, and this information will be accessible to your mobile carrier and to anyone else who has access to your phone. Text messages in particular are not a secure form of communication. By default, Burt will attempt to use RCS text messages, which have a level of encryption, but requires you to have an RCS compatible device, messaging application and carrier. If Burt is unable to deliver an RCS message, then Burt will resend the message via SMS or MMS, which are not encrypted. You assume all privacy risks associated with using Burt and the potential for message interception or manipulation.
Kinney Drugs does not charge for calls or text messages, but your carrier's charges for calls, messages and/or data may apply depending on the terms and conditions of your phone contract. You agree to be responsible for all third-party charges that you incur. Please contact your service provider about such charges.
2. OPT-OUT AND OTHER COMMUNICATION PREFERENCES:
If you wish to stop receiving automated calls or texts from Burt, you may opt out at any time by contacting your Kinney Drugs pharmacy. In addition, you may:
For texts, after you submit a request to opt-out by replying “STOP” to an outbound text message, you will receive one final text from Burt confirming that you will no longer receive text communications. Replying “STOP” to any text message will cease all text communications with you, even if you attempt to initiate a conversation with Burt. If you use “STOP” to disable texting with Burt, then you must type “START” to reenable any text communications.
Burt will also attempt to recognize other requests to opt-out, but these requests may require additional clarification from you to avoid misunderstanding as to your intention. If you do not respond to Burt’s request for clarification, Kinney Drugs may treat your silence as a revocation of consent to receive future automated calls or texts from Burt, as the case may be. Please note, that even though automated notifications will have been disabled, you may still initiate communications with Burt to refill prescriptions and perform other pharmacy related tasks.
Opting out of outbound notifications from Burt for prescription notifications and pharmacy services messages will not affect other outbound call or text messages for other Kinney Drugs messaging programs unless you separately opt-out of those.
To reenable outbound notifications, you may text “SETTINGS” to Burt to turn on and customize your notifications. You may also ask Burt by text or voice to reenable system generated notifications by one of the following or similar methods.
You may change your settings within Burt to disclose either a full or partial drug name or part or all of a prescription number. You can change this setting by asking Burt or by replying “SETTINGS” to any text to access the settings menu.
3. SECURITY OBLIGATIONS:
By engaging in communications with Burt, you may be making your protected health care information viewable to others. You are solely responsible for the security of your mobile device and maintaining the security of the information on it, including by using password protection.
If your telephone number changes or you stop using it, you must notify us promptly. We will update our records as soon as reasonable. However, we cannot assure you that any communications from us in the interim will not be received by an unauthorized third party. It is your responsibility to notify us as soon as possible of number changes. If you do not notify us, there is a risk that communications containing protected health information meant for you will be sent to the new subscriber to whom your former number is reassigned.
4. APPROPRIATE USE AND LIMITATIONS OF BURT:
Burt is designed to provide notifications and reminders as well as to facilitate prescription refills and other non-skilled pharmacy related tasks. Burt is a source of information but does not provide medical advice.
If you engage with Burt in response to communications, understand that Burt is designed to process your inputs, such as voice or text prompts (“Inputs”), and generate and return outputs (“Outputs”) based on your Inputs. Kinney Drugs reserves the right, but is not obligated to, review or monitor your Inputs using automated and manual tools. Kinney Drugs and its service providers do not claim ownership of your Inputs, but we reserve the right to use your Inputs for training and improving Burt, subject to compliance with applicable laws. You are responsible for your Inputs and their accuracy. You may not submit Inputs that are unlawful or abusive and may not otherwise use Burt for any unlawful, abusive, or unauthorized purposes.
The Outputs may be based on information available provided by third-party pharmaceutical manufacturers, drug information data bases, service providers, and third-party AI models. Neither these sources nor Outputs are or will be independently verified by Kinney Drugs. Though you have the right to use the Outputs for the purpose of your pharmacy-related inquiries, the Outputs are owned by Kinney Drugs, its service providers, or their licensors.
Due to the nature of generative AI, information, responses and recommendations generated for you through Burt may not be accurate, complete or up-to-date and may be misleading or contain errors and omissions. In addition, Burt may misunderstand the content of your Inputs and may respond to a different question than asked. You should always use your discretion in acting upon any responses or other Output from Burt. Burt may also suggest you speak to your Kinney Drugs pharmacist or may otherwise transfer you to the pharmacy.
By using Burt to access and obtain prescription information, you represent and warrant that you are the individual to whom such information pertains or that you have a lawful basis to access such information on behalf of a third party that has either given you permission to do so or where you are the parent or legal guardian. Where permitted by your pharmacy, users may add and manage accounts for family members, such as children, through Burt. A parent or legal guardian may access information on a minor’s prescriptions via Burt until the minor turns 18, except as otherwise contemplated by applicable law.
You remain solely responsible, in consultation with Kinney Drugs pharmacists and your healthcare provider, for managing your medications, your prescriptions, and your medical conditions. By providing access to Burt, Kinney Drugs is not accepting any additional responsibility for managing your medications, your prescriptions, or your medical conditions.
5. RECORDING COMMUNICATIONS:
You acknowledge and agree that your interactions with Burt may be recorded and/or transcribed. This means that any conversation you have with Burt, either voice or text, could be saved for future reference or analysis. If you do not consent to your interactions being recorded, then you should not interact with Burt.
6. CUSTOMER PRIVACY:
The privacy policies that apply to these services are Kinney Drug’s Notice of Privacy Practices available https://kinneydrugs.com/contact-us/privacy-policy/ which is incorporated into these Terms.
7. TERMINATION AND SUSPENSION:
Kinney Drugs reserves the right to terminate or suspend your right to use Burt, or any communication services available through Burt, at any time in its sole discretion.
8. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY:
Your participation in these communication services is entirely voluntary and at your sole discretion and risk. If you are dissatisfied with Burt, any message content, or these Terms, you should opt out and discontinue use of the services.
NO WARRANTY. Burt, and any communications from Burt, are provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, Kinney Drugs and its service providers disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement and any warranties arising as a course of dealing or usage in trade.
Kinney Drugs does not guarantee that Burt will be accurate, reliable, complete or timely. Burt does not offer medical advice, diagnosis, or treatment, and should not be relied upon as a substitute for consultation with a licensed healthcare professional.
To the maximum extent permitted by law, Kinney Drugs, its licensors and service providers, are not and will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or other intangible losses, arising out of or related to your use of Burt (including any Outputs provided by Burt), even if Kinney Drugs or its licensors or service providers, have been advised of the possibility of such damages. If any part of this limitation is found unenforceable, Kinney Drugs’ total liability to you for all claims arising from or related to Burt, whether based in contract, tort (including negligence) or otherwise, may not exceed one hundred dollars (US $100.00), even if such remedy should fail of its essential purpose.
9. DISPUTE RESOLUTION AND ARBITRATION:
Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or Burt communications, 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 Kinney Drugs and you are each waiving the right to trial by a jury. You agree that any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
The Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as amended by these Terms. 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 ability to travel and other pertinent circumstances. If we are unable to agree on a location, such determination should be made by the arbitrator. The arbitrator's decision will follow these Terms and will be final and binding. The award rendered by the arbitrator may be confirmed and enforced in any court of competent jurisdiction. Notwithstanding any of the foregoing, nothing in these Terms precludes you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision will be deemed null and void. The remainder of these Terms will continue to apply and be unaffected by this severability provision.
To the fullest extent permitted by law, you agree that any claim must be asserted within one (1) year of its accrual, or it is otherwise waived and time barred.
10. UPDATES TO TERMS:
Kinney Drugs may update these Terms from time to time. For the most current version, please visit https://www.kinneydrugs.com/kxterms/ By continuing to use our communication services, including text messages and voice calls, you agree to review the Terms regularly and to be bound by the most recent version.
When material changes to these Terms are made, we will notify you through a text or voice message sent to the phone number you have provided or by posting a prominent notice on our Kinney Drugs website. Your continued use of the communication services after such update constitutes your acceptance of the updated Terms.
Effective Date: August 18, 2025
