Use of the Pronounced Health Solutions and its subsidiaries (“Pronounced Health”) mobile text messaging service is subject to the following terms and conditions. By using the text messaging service, you agree to be legally bound by these terms and conditions. If at any time you do not agree with these terms and conditions, or any future modifications to these terms and conditions, your sole and exclusive remedy is to stop use of the text messaging service. Pronounced Health reserves the right to revise these terms and conditions from time to time, and such modifications shall become effective when revised and posted here Pronounced Health Terms of Use Agreement (TOU). Please review these policies frequently.

To stop receiving all Pronounced Health mobile text messages, text STOP to the short code 33289. After doing so, you will receive confirmation that you have been removed from the program, and thereafter you will no longer receive any Pronounced Health text messages.

To request more information, text HELP to the short code 33289.

Pronounced Health mobile text messaging consists of:

(TOU). Please review these policies frequently.

To stop receiving all Pronounced Health mobile text messages, text STOP to the short code 33289. After doing so, you will receive confirmation that you have been removed from the program, and thereafter you will no longer receive any Pronounced Health text messages.

To request more information, text HELP to the short code 33289.

• Health Msgs: This program includes a series of text messages sent to opted-in users to support and remind progress. Users receive 5 messages per month.
• Stop: At any time, you can text STOPHEALTH to shortcode 33289. This will prevent you from receiving any future Health Msgs.
• Help: At any time, you can text HELPHEALTH to the short code 33289. Texting HELP will return the following message: Health Msgs: Visit bit.ly/2Dwf0Pj, or call 8774417440 for more info. 5 msgs/mo. Msg&data rates may apply. Reply STOPHEALTH to cancel.

1. Pronounced Health mobile text messaging consists of:

Health Msgs: This program includes a series of text messages sent to opted in users to support and remind progress. Users receive 5 messages per month

• Stop: At any time, you can text STOPHEALTH to shortcode 33289. This will prevent you from receiving any future Health Msgs.
• Help: At any time, you can text HELPHEALTH to the short code 33289. Texting HELP will return the following message: Health Msgs: Visit bit.ly/2Dwf0Pj, or call 8774417440 for more info. 5 msgs/mo. Msg&data rates may apply. Reply STOPHEALTH to cancel.

2. Fees and Cellular Network Carrier.

You May Be Charged A Fee for Message Transmission And Delivery By Your Cellular Network Carrier.

You understand and acknowledge that your use of the text messaging service from a terminal such as a mobile device or personal computer is subject to any agreements you have with your cellular network carrier and any fees they may charge, including but not limited to fees for text messaging, data use or internet access. Any and all fees are your sole responsibility.

The content is NOT available on all cellular networks. Participating carriers are: AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, ACS Wireless, Appalachian Wireless, Bluegrass Cellular, Breakaway Wireless, Cabelvision (Optimum Mobile), Carolina West Wireless, Cellcom, Cellular One of East Central Illinois, Centennial Wireless, Chariton Valley Cellular, Chat Mobility (Hawkeye), Cincinnati Bell Wireless, Coral Wireless, Cox Mobility, Cross/ Sprocket, C-Spire Wireless (formerly Cellsouth), CTC Telecom, DTC Wireless (Advantage Cellular), Duet IP (AKA Max/Benton/Albany), Element Mobile, Epic Touch, GCI Communications, Golden State, iWireless, Illinois Valley Cellular, Immix (Keystone Wireless/ PC Management), Inland Cellular, Nex-Tech Wireless, nTelos, Panhandle Telecommunications, Peoples Wireless, Pioneer, Plateau, Revol Wireless, Rina – Custer, Rina – All West, Rina – Cambridge Telecom Coop, Rina – Eagle Valley Comm, Rina – Farmers Mutual Telephone Co, Rina – Nucla Nutria Telephone Co, Rina – Silver Star, Rina – Syringa, Rina – UBET, Rina – Manti, Rural Cellular Corporation, SI Wireless, Simmetry, SouthernLINC, SRT, Strata Networks, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless.

3. Agreement.

As a user of the text messaging service, you agree to the following:

Access to the text messaging service is at the discretion of Pronounced Health and may be revoked at any time. Age restrictions apply to Pronounced Health’s mobile text messaging service. In order to participate, you must be 18 years of age or older and own and control the mobile device number provided to us. Individuals between the ages of 14 and 18 must have parental consent. Individuals between 14 and 18 who do not have parental consent, or individuals under 14 years of age, must unsubscribe from the mobile text messaging service.

The text messaging service may only be used for lawful purposes and may not be used for any illegal activities, including, but not limited to: spamming, solicitation or unauthorized advertising; launch of denial of service attacks or viruses; fraud or harassment; intellectual property infringement; or any other activity that subjects Pronounced Health, its affiliates or any third party to liability, damages or danger.

Once delivered to your device, text messages are under your control and are your responsibility. If you are dissatisfied with the mobile text messaging service or with these Terms and Conditions, your sole and exclusive remedy is to discontinue enrollment in the mobile text messaging service. Individuals who participate in the mobile text messaging service do so at their own risk. By using the text messaging service you hereby release Pronounced Health and its affiliates from any liability arising from or related to access to these messages once they have been delivered. Although we use reasonable efforts to protect your privacy, you should keep in mind that if you give others access to your mobile device or your mobile device password, it is possible that information may be accessible by others. You can help guard against this by never disclosing your password or giving anyone else access to your mobile device.

To provide only current, complete, true and accurate information. You agree not to use a false or misleading name or a name that you are not authorized to use. You agree to immediately notify us if your mobile device number changes. Pronounced Health and its affiliates are not liable for any communication or transmission of information via text which occurs as a result of a change to your mobile device number that is not reported to Pronounced Health.

The text messaging service is intended only for general health and wellness information purposes. It is not a substitute for professional medical advice, diagnosis, or treatment. You agree to seek the advice of your physician or other qualified health provider with any questions you may have regarding medication, medical conditions or treatment.

In the event the mobile device number you provide to us is provided by your employer or you access your texts from a device issued by your employer, you acknowledge that your employer may have access to such texts. In addition, text messages are not secure, and there is risk that third parties may be able to access information contained in such texts. Texts that we send to you may contain health and wellness information that we think will be useful to you. By agreeing to accept texts from Pronounced Health, you are consenting to receiving texts containing personal and health information to each mobile device number you have provided to us, including personal and health information that is considered “Protected Health Information” under the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”).

Pronounced Health and its affiliates do not guarantee the successful delivery of text messages. Messages sent via text may not be delivered if the mobile device number is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control of wireless carriers may interfere with message delivery, including your equipment, terrain, and proximity to buildings, foliage, and weather. Pronounced Health and its affiliates will not be liable for losses or damages arising from (a) non-delivery, delayed delivery, or misdirected delivery of a text message; (b) inaccurate or incomplete content in a text message; or (c) use or reliance on the contents of any text message for any purpose.

Texting while driving is dangerous and illegal in many states. Please do not send or read texts while driving, operating machinery, or performing any other activities requiring your attention.

By agreeing to these Terms and Conditions, and/or by using Pronounced Health’s mobile text messaging service, you provide your express consent to receive text messages from Pronounced Health and other calls that Pronounced Health may send to your landline, facsimile, cell phone or other device using an autodialer or artificial/prerecorded voice. You understand that such consent is not required to purchase any services from Pronounced Health. You also understand and agree that you are solely responsible for all costs assessed by your mobile phone or mobile device service provider for calls, text messages, alerts or other data sent to your mobile device and for any messages sent from your mobile phone or mobile device to Pronounced Health. You represent that you have the authority to enter into this consent for each telephone number you provide to Pronounced Health. You may contact Pronounced Health to decline (i.e., opt out) receiving messages sent to your mobile phone or other mobile device by texting STOP to the short code 33289.

4. Privacy.

Pronounced Health respects your privacy. We will only use the information you provide for the purpose of providing the text messaging service or as otherwise required or permitted by law. Pronounced Health reserves the right to disclose any information as necessary to comply with any applicable law, regulation or governmental request, or to avoid legal liability. Additional terms and conditions relating to the text messaging service, as well as additional terms regarding Pronounced Health’s Privacy Policy, may be found here, as and to the extent applicable.

5. Disclaimer

THE TEXT MESSAGING SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. PRONOUNCED HEALTH DOES NOT WARRANT THAT THE TEXT MESSAGING SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. PRONOUNCED HEALTH DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE TEXT MESSAGING SERVICE, THE SUITABILITY OF THE CONTENT OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE TEXT MESSAGING SERVICE.

6. Limitation of Liability

NEITHER PRONOUNCED HEALTH NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE TEXT MESSAGING SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF PRONOUNCED HEALTH IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of Pronounced Health’s text messaging services will be resolved by binding arbitration, rather than court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court and must follow these Mobile Text Messaging Terms and Conditions and controlling law as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Pronounced Health’s registered agent CT Corporation (https://ct.wolterskluwer.com/sop-locations). The arbitration will be conducted by the American Arbitration Association (AAA)’s Commercial Dispute Resolution Rules. The arbitration will be conducted in English. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Pronounced Health will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at a mutually-agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

8. Changes to Texting Terms and Conditions

Pronounced Health reserves the right to make changes to these Texting Terms and Conditions at any time by posting our new policy. Modifications to the Texting Terms and Conditions shall be effective when they are posted, in which case posting shall constitute notice to you. To the extent we make material changes to the Texting Terms and Conditions, we will list those sections to which the material changes were made below. Your continued agreement to receive texts from Pronounced Health following the posting of any such modifications constitutes your acceptance and agreement to be bound by such modifications. We encourage you to check posted Texting Terms and Conditions regularly to see if we have made any modifications to them.

9. Material Changes to Texting Terms and Conditions in this version

The following Sections to Pronounced Health’s Texting Terms and Conditions were materially revised in this version:

• Section 2
• Section 3
• Section 6
• Section 7 (new)

Last Reviewed: December 2017