SMS Terms & Conditions

Please read these SMS/Text Messaging Terms & Conditions carefully. By completing the SMS/Text Messaging Opt-In Form, you expressly consent to receive non-marketing and marketing text messages from FamilyCare Visiting Nurse and Home Care Agency, LLC (“FamilyCare”) at the mobile phone number(s) you provide.

You may opt out of these communications at any time by replying STOP to any text message from FamilyCare or by otherwise contacting FamilyCare as indicated below. Messaging and data rates may apply. By completing the SMS Text Messaging Opt-In Form, you also accept and agree to be bound by these SMS Text Messaging Terms & Conditions and any other applicable terms and agreements related to your use of FamilyCare services.

Program Description

FamilyCare offers a text messaging program whereby FamilyCare, and any applicable service providers, may text message you to provide information concerning your referral or care activity with FamilyCare and other FamilyCare services, updates, and community programs (all of the foregoing, the “FamilyCare Program”). FamilyCare and its service providers may, from time to time, use a standard or an automatic telephone dialing system (“Auto dialer”) to deliver text messages to you under the FamilyCare Program. You agree that you will not use the FamilyCare Program for any illegal or unlawful purposes. No service agreement or care plan may be bound or amended via text message or the FamilyCare Program.

Message Frequency

Under the FamilyCare Program, the number of FamilyCare text messages that you receive may vary depending on your referral or care activity and your communication with FamilyCare.

Cost

FamilyCare does not impose a separate fee for sending FamilyCare text messages under the FamilyCare Program. However, standard message and data rates may apply to each text message sent or received in connection with the FamilyCare Program, as provided in your mobile telephone service rate plan. Please contact your mobile telephone carrier for pricing plans and information.

How to Opt-In

To opt in and receive text messages from FamilyCare under the FamilyCare Program, complete the SMS/Text Messaging Opt-In Form and submit it to FamilyCare. FamilyCare will then send you a text message asking you to confirm your enrollment in the FamilyCare Program.

How to Opt-Out

To STOP receiving text messages from FamilyCare, text STOP to the ten-digit long code from which the text messages are being sent. You will then receive confirmation of your opt-out of the FamilyCare text-messaging program. You may also opt out by providing written notice to FamilyCare at 999 Oronoque Lane, Stratford, CT 06614, by emailing info@familycarevn.com, or calling FamilyCare at (800) 946-6331.

Carrier Disclaimer

YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. THE PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. Therefore, to the fullest extent permissible by law, Provider and its subsidiaries and each of their respective employees, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assigns (collectively, the “Provider Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
(a) the Site and Platform (including the Content);
(b) the Services;
(c) whether the Services or Platform or your use thereof constitute an “automatic telephone dialing system” (“ATDS”), “advertising,” “telemarketing,” or “solicitations,” as such terms are used and defined in the TCPA or by other applicable related regulations or law;
(d) the functions, features, terms, or any other elements on, or made accessible through, the Site and Platform (including but not limited to SMS/MMS Codes);
(e) any products, services (including, without limitation, the Services), or instructions offered or referenced at or linked through the Site and Platform;
(f) security associated with the transmission of your materials and data transmitted to Provider via the Site and Platform or using SMS/MMS Codes;
(g) whether the Site, the Platform or the servers that make the Site and/or Platform available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Device);
(h) whether the information (including any instructions) on the Site and Platform is accurate, complete, correct, adequate, useful, timely, or reliable;
(i) whether any defects to or errors on the Site and Platform will be repaired or corrected;
(j) whether your access to the Site, Platform and Services (including use of SMS/MMS Codes) will be uninterrupted;
(k) whether the Site, the Platform and Services will be available at any particular time or location;
(l) whether certain SMS/MMS Codes will be assigned to you, either exclusively or on a shared basis;
(m) whether your use of the Site, Platform and Services (including SMS/MMS Codes) is lawful in any particular jurisdiction; and
(n) whether any text/SMS/MMS messages sent using the Site, Platform and Services, regardless of the type of SMS/MMS Codes used, will be actually delivered to and received by the intended recipients on their mobile devices (including but not limited to messages that are not delivered to the extent the SMS/MMS Codes used are not registered, verified, or approved by any phone service carrier).
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A PROVIDER PARTY, PROVIDER PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable.