SMS Texting Terms of Use

Highmark · Official agreement

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SMS Texting Terms of Use

Texting at Highmark - General

Highmark Inc., including its subsidiaries and affiliates, (“Highmark”) offers its customers the option of receiving certain information by Short Message Service (SMS) or texting services (“Text(s)”). These SMS Texting Terms of Use (“SMS Texting TOU”) set forth the terms and conditions applicable to your participation in Texting with Highmark. Throughout this document, references to “we” or “us” means Highmark, and references to “you(r)” means a participating customer.

Highmark offers customers the option of participating in a variety of offerings and programs by Text. Highmark also offers health plan customers (“Members”) the option of receiving certain member-related information by Text.

Please see the information below to learn more about Sales and Marketing Campaign Texts (“Campaign Texts”) and Member Texts and your participation in one or both.

Highmark reserves the right to change, modify or update its SMS Texting TOU at any time and for any reason, without notice to you, by updating this document.

Member Text — Communication Preferences

Members may sign up for and consent to receiving Texts in the following ways:

If you select to receive Texts as your communication preference, as applicable, we will send you information directly to your mobile phone. For example, if you select “Text” under the Member Health Statement option within the Member portal, you will receive Texts from us notifying you when your Member Health Statement is posted for viewing.

Text help and your privacy

If your phone becomes lost or is stolen, or you simply wish to opt out of any Campaign(s) Texts and/or Member Texts in which you signed up to participate, contact us at the toll-free number or the email address listed below. Highmark will honor opt-out requests from all of our Campaign(s) Texts and/or Member Texts within a reasonable time period. You will be required to provide your cell phone number in order for us to process your request.

To stop receiving Texts, text the word STOP to the number that you received the text from or send to the numbers below to cancel your participation at any time or log on to your health plan's Member portal and change the checkmark from Text to your desired new communication preference (e.g., phone call). You may also contact the Member service number on the back of your ID card and ask to opt out of Texting.

Highmark respects your privacy. Please refer to our enterprise Online Privacy Policy (hyperlinked below) for further information on how we collect, use, and disclose your information.

Text Help Shortcuts & Contact information:

Highmark Inc. (Member Communications – timely updates about your healthcare, such as benefit information, health education, claims status, explanation of benefits and electronic health notifications):

Highmark Inc. Sales and Marketing (Product Sales Communications – information to prospective customers about their potential eligibility for health insurance plans such as Medicare, Dual-Eligible Special Needs Plans, and Affordable Care Act plans):

Highmark Inc. Sales (Appointment Reminder Notifications) - reminders to prospective members/members about upcoming appointments:

Highmark Wholecare or Highmark Health Options (Member Communications – timely updates about your healthcare, such as benefit information, health education, claims status, explanation of benefits and electronic health notifications):

Specific Terms and Conditions of Use

These terms and conditions are applicable to Campaign Texts and Member Texts.

Suspension or Termination of Texting

Highmark may, in its sole discretion, terminate or suspend your use of Texting at any time and for any reason, including your failure to adhere to these SMS Texting TOU.

Eligibility

You must be at least 18 years old to be eligible to use Texting. No one under age 18 may engage in Texting with Highmark under any circumstances. By signing up to participate in Campaign(s) Text and/or Member Text, you are representing and warranting to Highmark that you are at least 18 years of age.

Costs

Highmark does not charge a fee to send Texts. However, message and data rates may apply from your mobile carrier (e.g., AT&TAT&T, VerizonVerizon, Sprint, etc.). The number of Texts you receive from us will depend on the number and type of Campaign(s) Texts and/or Member Texts for which you sign up. For example, your cellular phone service provider may charge you to send or receive wireless text messages in general. Under no circumstances will Highmark or its employees, officers, directors or agents be held responsible for any charges or costs related to your participation in Texting. Highmark and mobile carriers are not liable for delayed or undeliverable messages.

Warranty & Disclaimer

Highmark safeguards your personal information in accordance with applicable law and corporate standards. Unfortunately, the security of data transmitted over cellular networks can never be fully guaranteed. Highmark cannot warrant complete security of information in transit. Highmark shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality while information is in transit with respect to your participation in Texting with Highmark.

HIGHMARK PROVIDES TEXTING “AS IS” WITH NO WARRANTIES OF ANY KIND. HIGHMARK EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING TEXTING, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT TEXTING WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

Some state laws do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply based upon your location.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL HIGHMARK OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARYDAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN TEXTING WHETHER ORNOT HIGHMARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with Texting or with these SMS Texting TOU, your sole and exclusive remedy is to discontinue participation in Texting. You acknowledge, by your ongoing participation in Texting, that you accept and agree to these SMS Texting TOU and that your participation in Texting is at your sole risk.

Indemnity

You agree to indemnify, defend and hold harmless Highmark, its employees, officers, directors and agents from and against any and all claims, liabilities, penalties, settlements, judgments or fees (including reasonable attorneys' fees) arising from (i) any information that you or anyone using your account may submit to us when participating in Texting; (ii) your participation in Texting; (iii) your violation of these SMS Texting TOU; and/or (iv) any violation or failure by you to comply with all applicable laws and regulations in connection with Texting.

Assignment

You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Highmark. Any such purported assignment or delegation by you without the appropriate prior written consent of Highmark will be null and void and of no force or effect.

Medical Disclaimer

Texting with Highmark is solely for general information purposes and convenience; it is not intended for, and does not constitute the provision of, medical advice. Texting is not a substitute for professional medical advice, diagnosis or treatment; always seek the advice of your physician or another qualified health provider with any questions you may have regarding medication, medical conditions or treatment.

Governing Law and Jurisdiction

By agreeing to receive Texts from Highmark, you agree to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of your receipt of a Text shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding any conflict of laws provisions of the Commonwealth of Pennsylvania that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding a Text shall be brought only in Allegheny County, Pennsylvania.

Online Privacy Policy

For additional details concerning information we collect, use, and disclose (and why,) and our approach to maintaining your privacy, refer to our Online Privacy Policy.