Highmark Health Options offers its Members 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 Health Options. Throughout this document, references to “we” or “us” means Highmark Health Options, and references to “you(r)” means a participating customer ("Member"). Highmark Health Options offers customers the option of participating in a variety of offerings and programs ("Campaign(s)") by Text. Highmark Health Options also offers Members the option of receiving certain member-related information by Text.
Please see the information below to learn more about Campaign and Member Texts and your participation in one or both.
Highmark Health Options 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 Texts in the following ways:
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, call Member Services. Highmark Health Options will make every effort to manually remove you 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 any Text from Highmark Health Options to cancel your participation at any time. You may also contact Member Services at 1-833-957-0020 (TTY/TDD users: 711), Monday–Friday, 8 a.m.–8 p.m. and ask to opt out of Texting.
Highmark Health Options respects your privacy. Please refer to our Privacy Policy for further information on how we collect, use, and disclose your information.
Specific Terms and Conditions of Use These terms and conditions are applicable to Campaign Texts and Member Texts.
Suspension or Termination of Texting Highmark Health Options 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 Health Options under any circumstances. By signing up to participate in Campaign(s) Text and or Member Text, you are representing and warranting to Highmark Health Options that you are at least 18 years of age.
Costs Highmark Health Options 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 Health Options or its employees, officers, directors or agents be held responsible for any charges or costs related to your participation in Texting.
Warranty & Disclaimer Highmark Health Options 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 Health Options cannot warrant complete security of information in transit. Highmark Health Options 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 Health Options.
HIGHMARK HEALTH OPTIONS PROVIDES TEXTING "AS IS" WITH NO WARRANTIES OF ANY KIND. HIGHMARK HEALTH OPTIONS 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 HEALTH OPTIONS OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN TEXTING WHETHER OR NOT HIGHMARK HEALTH OPTIONS 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 Health Options, 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 Health Options. Any such purported assignment or delegation by you without the appropriate prior written consent of Highmark Health Options will be null and void and of no force or effect.
Medical Disclaimer Texting with Highmark Health Options 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 Health Options, you agree to be subject to personal jurisdiction in the State of West Virginia. 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 State of West Virginia (excluding any conflict of laws provisions of the State of West Virginia that would refer to and apply the substantive laws of another jurisdiction). Any suit or proceeding regarding a Text shall be brought only in Charleston, West Virginia.
Privacy Policy For additional details concerning information we collect, use, and disclose (and why,) and our approach to maintaining your privacy, refer to our Privacy Policy.
