SMS Texting Terms of Use

Highmark · Official agreement

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Legal Rights & Agreement Rules · Context

Defined parties and participation

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.

Supporting quotations

Throughout this document, references to “we” or “us” means Highmark, and references to “you(r)” means a participating customer.

Account & Service Control · Context

Highmark offers optional SMS texting

Highmark Inc., including its subsidiaries and affiliates, offers customers the option of receiving certain information by Short Message Service (SMS) or texting services. These SMS Texting Terms of Use set forth the terms and conditions applicable to participation in Texting with Highmark.

Supporting quotations

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.

Qualifications & exceptions

  • Certain information only; participation is optional.

Account & Service Control · Context

Text offerings for customers and Members

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.

Supporting quotations

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.

Qualifications & exceptions

  • Certain member-related information only.

Account & Service Control · Context

Campaign Texts and Member Texts

The document distinguishes Sales and Marketing Campaign Texts (“Campaign Texts”) and Member Texts, and directs readers to the information below to learn about both and participation in one or both.

Supporting quotations

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.

Legal Rights & Agreement Rules · Company practice

Terms may change without notice

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.

Supporting quotations

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.

Qualifications & exceptions

  • No notice to customer; change by updating this document.

Account & Service Control · Procedure

Member Text signup and consent methods

Members may sign up for and consent to receiving Texts by providing a mobile phone number during the applicable enrollment period with the health plan, logging on to the health plan's Member portal and entering contact information and communication preferences, or calling the Member service number on the back of the ID card and requesting Texts while providing a mobile phone number.

Supporting quotations

Members may sign up for and consent to receiving Texts in the following ways:
Provide your mobile phone number during your applicable enrollment period with your health plan.
Log on to your health plan's Member portal and enter your contact information and communication preferences.
Call the Member service number on the back of your ID card and request to receive Texts when providing your mobile phone number.

Account & Service Control · Context

Message frequency varies

Message frequency varies depending on the products or services that the customer has.

Supporting quotations

Message frequency varies depending on the products/services that you have.

Account & Service Control · Company practice

Text selected as communication preference

If a Member selects Texts as a communication preference, Highmark sends information directly to the Member's mobile phone. For example, selecting “Text” under the Member Health Statement option within the Member portal results in Texts notifying the Member when the Member Health Statement is posted for viewing.

Supporting quotations

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.

Qualifications & exceptions

  • Applies when Text is selected as communication preference.

Account & Service Control · User right or choice

Opt out of Campaign or Member Texts

If a phone is lost or stolen, or the customer wishes to opt out of any Campaign or Member Texts, contact Highmark at the toll-free number or email address listed. Highmark honors opt-out requests from all Campaign and Member Texts within a reasonable time period. The customer must provide the cell phone number to process the request.

Supporting quotations

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.

Qualifications & exceptions

  • Reasonable time period; cell phone number required.

Account & Service Control · User right or choice

Stop receiving Texts

To stop receiving Texts, text STOP to the number the Text was received from or to the numbers below, or log on to the health plan's Member portal and change the checkmark from Text to the desired new communication preference (such as phone call). The customer may also contact the Member service number on the back of the ID card and ask to opt out of Texting.

Supporting quotations

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.

Data Access & Collection · Context

Privacy reference

Highmark respects privacy and refers to its enterprise Online Privacy Policy for further information on how Highmark collects, uses, and discloses information.

Supporting quotations

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.

Not stated here

  • Linked Online Privacy Policy text is not supplied.

Account & Service Control · Procedure

Highmark Inc. Member Communications text program

For Highmark Inc. Member Communications (timely updates about healthcare, such as benefit information, health education, claims status, explanation of benefits, and electronic health notifications): reply STOP to 54467 or 82781 to stop receiving texts; reply HELP to 54467 or 82781 for help; contact by mail at Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222; phone toll free 888-910-9757, Monday-Friday, 8:30 a.m. to 4:30 p.m. EST; email SMSHELP@highmark.com.

Supporting quotations

Highmark Inc. (Member Communications – timely updates about your healthcare, such as benefit information, health education, claims status, explanation of benefits and electronic health notifications):
TEXT: Reply STOP to 54467 or 82781 to stop receiving texts from Highmark Blue Cross Blue Shield or Highmark Blue Shield.
TEXT: Reply HELP to 54467 or 82781 for help.
MAIL: Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212 Pittsburgh, PA 15222
PHONE: Toll free Phone: 888-910-9757 Service hours: M-F 8:30 a.m. to 4:30 p.m. EST
SMSHELP@highmark.com

Account & Service Control · Procedure

Highmark Inc. Sales and Marketing text program

For Highmark Inc. Sales and Marketing (product sales communications to prospective customers about potential eligibility for health insurance plans such as Medicare, Dual-Eligible Special Needs Plans, and Affordable Care Act plans): reply STOP to 41431 to stop receiving texts; reply HELP to 41431 for help; contact by mail at Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222; phone toll-free 888-910-9757, Monday-Friday, 8:30 a.m. to 4:30 p.m. EST; email SMSHELP@highmark.com.

Supporting quotations

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):
TEXT: Reply STOP to 41431 to stop receiving texts from Highmark Inc. Sales.
TEXT: Reply HELP to 41431 for help.
MAIL: Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222
PHONE: Toll-free: 888-910-9757, Monday – Friday, 8:30 a.m. – 4:30 p.m. EST
SMSHELP@highmark.com

Account & Service Control · Procedure

Highmark Inc. Sales appointment reminder text program

For Highmark Inc. Sales appointment reminder notifications to prospective members or members about upcoming appointments: reply STOP to 47602 to stop receiving texts; reply HELP to 47602 for help; contact by mail at Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222; phone toll-free 888-910-9757, Monday-Friday, 8:30 a.m. to 4:30 p.m. EST; email SMSHELP@highmark.com.

Supporting quotations

Highmark Inc. Sales (Appointment Reminder Notifications) - reminders to prospective members/members about upcoming appointments:
TEXT: Reply STOP to 47602 to stop receiving texts from Highmark Inc.
TEXT: Reply HELP to 47602 for help.
MAIL: Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222
PHONE: Toll-free: 888-910-9757, Monday – Friday, 8:30 a.m. – 4:30 p.m. EST
SMSHELP@highmark.com

Account & Service Control · Procedure

Highmark Wholecare or Highmark Health Options text program

For Highmark Wholecare or Highmark Health Options Member Communications (timely updates about healthcare, such as benefit information, health education, claims status, explanation of benefits, and electronic health notifications): reply STOP to 43881 to stop receiving texts; reply HELP to 43881 for help; contact by mail at Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222; phone toll-free 1-800-392-1147, Monday-Friday, 8 a.m. to 8 p.m. EST; email SMSHELP@highmark.com.

Supporting quotations

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):
TEXT: Reply STOP to 43881 to stop receiving texts from Highmark Inc.
TEXT: Reply HELP to 43881 for help.
MAIL: Highmark Inc., 120 5th Avenue, Attn: SMS Help, Suite 1212, Pittsburgh, PA 15222
PHONE: Toll-free: 1-800-392-1147, Monday – Friday, 8 a.m. – 8 p.m. EST
SMSHELP@highmark.com

Legal Rights & Agreement Rules · Context

Specific terms apply to Campaign and Member Texts

The specific terms and conditions are applicable to Campaign Texts and Member Texts.

Supporting quotations

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

Account & Service Control · Company practice

Suspension or termination of Texting

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

Supporting quotations

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.

Qualifications & exceptions

  • Sole discretion; any time and any reason.

Account & Service Control · Restriction or exception

Age eligibility for Texting

A customer 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 or Member Text, the customer represents and warrants to Highmark that they are at least 18 years of age.

Supporting quotations

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.

Qualifications & exceptions

  • No one under 18 under any circumstances.

Charges & Financial Obligations · Company practice

Costs and carrier charges

Highmark does not charge a fee to send Texts, but message and data rates may apply from the mobile carrier. The number of Texts received depends on the number and type of Campaign and Member Texts signed up for, and the carrier may charge to send or receive wireless text messages. Highmark and its employees, officers, directors, or agents are not responsible for any charges or costs related to participation in Texting, and Highmark and mobile carriers are not liable for delayed or undeliverable messages.

Supporting quotations

Highmark does not charge a fee to send Texts. However, message and data rates may apply from your mobile carrier (e.g., AT&T, Verizon, 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.

Qualifications & exceptions

  • Highmark charges no fee; carrier charges possible; no liability for delayed or undeliverable messages.

Security & Safeguards · Company practice

Confidentiality and security in transit

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

Supporting quotations

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.

Qualifications & exceptions

  • No guarantee of complete security in transit.

Legal Rights & Agreement Rules · Restriction or exception

Texting provided as is

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.

Supporting quotations

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.

Qualifications & exceptions

  • No warranties of any kind.

Legal Rights & Agreement Rules · Restriction or exception

State law limits on warranty disclaimer

Some state laws do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply based on the customer's location.

Supporting quotations

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

Qualifications & exceptions

  • Location-dependent.

Cross-references

  • narrows (model-proposed): Texting provided as is — exception_to: The state-law carveout limits the as-is warranty disclaimer where a state does not allow disclaiming implied warranties.

Legal Rights & Agreement Rules · Restriction or exception

Limitation of liability

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.

Supporting quotations

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.

Qualifications & exceptions

  • Sole remedy is discontinuing participation; ongoing participation signifies acceptance.

Legal Rights & Agreement Rules · Restriction or exception

Indemnity

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.

Supporting quotations

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

No assignment by customer

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.

Supporting quotations

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.

Qualifications & exceptions

  • Prior written consent required.

Legal Rights & Agreement Rules · Context

Medical disclaimer

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.

Supporting quotations

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.

Qualifications & exceptions

  • General information and convenience only.

Legal Rights & Agreement Rules · Context

Governing law and jurisdiction

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.

Supporting quotations

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.

Qualifications & exceptions

  • Personal jurisdiction in Pennsylvania; venue in Allegheny County.

Data Access & Collection · Context

Online Privacy Policy reference

For additional details concerning information Highmark collects, uses, and discloses, and its approach to maintaining privacy, refer to the Online Privacy Policy.

Supporting quotations

For additional details concerning information we collect, use, and disclose

Qualifications & exceptions

  • Linked policy text is not supplied.

Not stated here

  • Linked Online Privacy Policy text is not supplied.