HOLON HEALTH CARE ENGAGEMENT ALERTS

SMS TERMS AND CONDITIONS

 

PROGRAM: Care Engagement

 

DESCRIPTION: Holon Health Care Engagement Alerts is standard rate SMS program which provides alerts to ensure continuity of care by continued engagement with our members.

 

FREQUENCY: Number & size of text messages can vary per user.

 

PRICING: Text & Data rates of Mobile Phone carrier/provider.

 

PRIVACY POLICY: 

Holon Health respects your privacy. We will only use the information you provide to transmit text messages to you; we will not share or use your mobile number for any other purpose. No protected health information will be transmitted or shared. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, to protect our rights or property. Text messages through your wireless carrier/service provider are not secure messages through encryption or similar technology.

 

You can view our privacy policy by visiting https://holonhealth.com/privacy-policy.

Additionally, Holon Health reserves the right to alter message frequency at any time i.e. we may change the frequency of texts that you receive under these alert programs. We will notify you via text if we change the frequency and provide you with the opportunity to opt-out.

 

MOBILE USER OPT-IN:

Holon Health: Would you like to opt into Care Engagement Alerts from Holon Health? Number & size of text messages can vary per user. These alerts help to ensure continuity of care by continued engagement. Message and data rates may apply. Reply STOP to any of our messages to opt-out.

 

For Privacy Policy, please visit our website https://holonhealth.com/privacy-policy.

For SMS Terms, please visit our website at https://www.holonhealth.com/engagement-alerts-sms-terms-and-conditions. You can call us at 1-877-465-6650 or send an email to engagement@holonhealth.com for any information.

 

MOBILE USER OPT-OUT

You may discontinue text services at any time, by replying “STOP” from your mobile device. After opting out, you will not receive any additional messages, unless you opt back in.

 

MOBILE USER FEES

Holon Health program does not charge any users fees to send or receive text messages. Message & data rates may apply from your applicable carrier, however.

 

MOBILE HELP/CUSTOMER CARE

To get help, reply “HELP” to any message you receive, or text “HELP” to 1-877-465-6650. You can also call us at 1-877-465-6650 or send an email to engagement@holonhealth.com.

 

MOBILE USER PRIVACY

We will not share or use your mobile number for any other purpose.

 

U.S. MOBILE CARRIERS SUPPORTED

 

Major carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile USA.

 

Minor carriers: Visible, Mintmobile, US Mobile, Boost Mobile, Cricket Mobile, Metro by T Mobile, Spectrum Mobile, Twigby, Consumer Cellular, GenMobile, Tello, Ting, Reach Mobile, Ultra Mobile, Simple Mobile, Republic Wireless, Net 10 Wireless, Good2go, PureTalk USA, Total Wireless, US Cellular, Xfinity mobile, Textnow, Pageplus, Wing, FreeUP Mobile, Credo Mobile, Altice Mobile, Greatcall, and Virgin Mobile.

 

MOBILE WARRANTY

Holon Health will not be liable for any delays in the receipt of any SMS messages connected with our SMS gateway. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. Carriers are not liable for delayed or undelivered messages.

 

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights. Any dispute or claim relating in any way to your use of Holon Health will be resolved by binding arbitration, rather than court. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Holon Health or Holon Health’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Holon Health may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (“TCPA”), or any other statute, regulation, or legal or equitable theory. You and Holon Health hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in this agreement and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.

 

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND HOLON HEALTH ARE EACH WAIVING THE RIGHT TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

 

THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF JAMS WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. FURTHER, AND UNLESS YOU AND HOLON HEALTH AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

 

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, Delaware, or any other location we mutually agree to, subject to Delaware law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

 

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

 

OPT-OUT OF AGREEMENT TO ARBITRATE:

You can decline this agreement to arbitrate by emailing Holon Health at engagement@holonhealth.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these terms and conditions.

 

Changes to Additional Contract Terms

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.

 

Applicable Law

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

 

Severability

If any term of this agreement 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.

 

Changes to Terms

These terms and conditions are subject to change at any time by Holon Health without notice.