10 of 28 cards in Legal Rights & Agreement Rules
Legal Rights & Agreement Rules · Context
Throughout the document, “we” or “us” means Highmark and “you(r)” means a participating customer. The SMS Texting TOU governs participation in Texting with Highmark.
Throughout this document, references to “we” or “us” means Highmark, and references to “you(r)” means a participating customer.
Legal Rights & Agreement Rules · Company practice
Highmark reserves the right to change, modify, or update its SMS Texting TOU at any time and for any reason, without notice to the customer, by updating this document.
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.
Legal Rights & Agreement Rules · Context
The specific terms and conditions are applicable to Campaign Texts and Member Texts.
These terms and conditions are applicable to Campaign Texts and Member Texts.
Legal Rights & Agreement Rules · Restriction or exception
Highmark provides Texting “AS IS” with no warranties of any kind and expressly disclaims any warranty, express or implied, regarding Texting, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and that Texting will be secure, uninterrupted, or free of errors, viruses, or other harmful components.
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.
Legal Rights & Agreement Rules · Restriction or exception
Some state laws do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply based on the customer's location.
Some state laws do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply based upon your location.
Legal Rights & Agreement Rules · Restriction or exception
Under no circumstances will Highmark or its employees, officers, directors, or agents be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with participation in Texting, whether or not Highmark has been advised of the possibility of such damages. If dissatisfied with Texting or the SMS Texting TOU, the customer's sole and exclusive remedy is to discontinue participation in Texting. By ongoing participation, the customer accepts and agrees to the SMS Texting TOU and participates at sole risk.
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.
Legal Rights & Agreement Rules · Restriction or exception
The customer agrees to indemnify, defend, and hold harmless Highmark, its employees, officers, directors, and agents from claims, liabilities, penalties, settlements, judgments, or fees (including reasonable attorneys' fees) arising from (i) information the customer or anyone using the account may submit when participating in Texting; (ii) participation in Texting; (iii) violation of the SMS Texting TOU; and/or (iv) any violation or failure to comply with all applicable laws and regulations in connection with Texting.
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.
Legal Rights & Agreement Rules · Restriction or exception
The customer may not assign any rights or delegate any obligations under the SMS Texting TOU, in whole or in part, voluntarily or by operation of law, without Highmark's prior written consent. Any purported assignment or delegation without appropriate prior written consent is null and void and of no force or effect.
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.
Legal Rights & Agreement Rules · Context
Texting with Highmark is solely for general information purposes and convenience and is not intended to constitute medical advice. Texting is not a substitute for professional medical advice, diagnosis, or treatment; the customer should always seek the advice of a physician or another qualified health provider regarding medication, medical conditions, or treatment.
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.
Legal Rights & Agreement Rules · Context
By agreeing to receive Texts from Highmark, the customer agrees to be subject to personal jurisdiction in the Commonwealth of Pennsylvania. Any transaction or occurrence arising out of receipt of a Text is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania (excluding conflict of laws provisions that would apply another jurisdiction's substantive laws). Any suit or proceeding regarding a Text shall be brought only in Allegheny County, Pennsylvania.
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.