By entering or permitting others to enter your mobile phone number(s) in Homecare Software Solutions LLC’s SMS Service (“SMS Service”) and successfully activating automated text alerts/messages,
You acknowledge and represent to Homecare Software Solutions LLC (“HHA”) that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you link to (sign up to receive) the text alert/messages service, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service;
You grant HHA express permission to send automated text messages to the enrolled mobile phone number(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these SMS Terms and Conditions; and
By granting such permission to HHA, you are hereby requesting to receive text messages in spite of the fact that your mobile phone number(s) may otherwise be on the federal, or a state’s, 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 SMS Service program you enroll in. You are not required to agree to receipt of text messages in order to purchase any product or service from HHA. Depending on the SMS Service program you enroll in, you may receive marketing messages. HHA is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy and the security of the customer and their data.
SMS Service allows mobile subscribers to opt-in to receive notification/information about your Home Health Care Agency and its products through SMS messages straight to the subscriber’s phone.
SMS Service is available on the following carriers:
Question: Can “Twilio” provides us with a list of carriers their short code supports?
Carriers are not liable for delayed or undelivered messages
There are no premium charges for joining SMS Service for receiving notification/information messages about your Home Health Care Agency, however Msg&Data rates may apply.
If you opt-in to receive notification/information from your Home Health Care Agency, you will receive recurring messages per week.
How to opt-out of our service
To opt-out your Home Health Care Agency’s program, text STOP at any time to <new short code>. An unsubscribe message will be sent to your mobile number confirming the cancellation, but no more messages will be sent from this program after that one.
For support or information about our SMS Service, text HELP at any time to <new short code>.You can also email us at firstname.lastname@example.org or call 1-718-407-4633.
HHA’s top priority is the privacy of our users. The following is provided to address any concerns you may have.
If you use the SMS Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. HHA reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Copyrights and Trademarks
SMS Services, and all content available through SMS Services, is protected by copyright and other intellectual property rights. No portion of the SMS Services may be copied, republished, transmitted, or distributed in any way without HHA’s prior written consent. Any such use of the SMS Service’s content for any purpose not authorized by HHA in writing is a violation of the copyrights of HHA. You agree to use the SMS Services only as authorized by HHA.
All trademarks, service marks, logos and trade names on the SMS Services, whether registered or unregistered, are proprietary to HHA. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of HHA.
HHA makes no representations or warranties whatsoever regarding text messages or the SMS Service. HHA hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by applicable law, you hereby agree that HHA shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages under these SMS Terms and Conditions or related to the SMS Service, even if HHA has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of SMS Service. The wireless carriers are not liable for delayed or undelivered messages. Furthermore, HHA shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.
To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless HHA, 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 SMS Service or receipt text messages in connection with SMS Service, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Any dispute relating in any way to your use SMS Service or to these SMS Terms and Conditions shall be submitted to confidential arbitration in New York, New York except that, to the extent you have in any manner violated or threatened to violate HHA’s intellectual property rights, HHA’s may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. Arbitration under these SMS Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these SMS Terms and Conditions shall be joined to an arbitration involving any other party subject to these SMS Terms and Conditions, whether through class arbitration proceedings or otherwise. In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
These SMS Terms and Conditions are to be governed by and construed in accordance with the law of the State of New York, without reference to its conflicts of law rules.
HHA reserves the right to change these SMS Terms and Conditions or cancel the SMS Service at any time. Your continued use of the SMS Service or acceptance of text messages from HHA after changes are made to these SMS Terms and Conditions will be deemed acceptance of these SMS Terms and Conditions as modified by the posted changes. Therefore, please check these SMS Terms and Conditions on a regular basis.