SMS Terms and Conditions
Please fully and carefully read these SMS Terms and Conditions. These SMS Terms and Conditions contain an arbitration agreement and a class action waiver.
By entering or permitting others to enter your mobile phone number(s) in Homecare Software Solutions LLC’s (“HHAEXCHANGE”) SMS Service (“SMS Service”) and successfully activating automated text alerts/messages,
You acknowledge and represent to Homecare Software Solutions LLC (“HHAEXCHANGE”) that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you link to (sign up to receive) the text alert/messages service, or you have been granted permission by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enroll the mobile phone number(s) in the service;
You grant HHAEXCHANGE express permission to allow your Home Health Care Agency (the “Agency”) to send automated text messages to the enrolled mobile phone number(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these SMS Terms and Conditions; and
By granting such permission to HHAEXCHANGE, you are hereby requesting to receive text messages in spite of the fact that your mobile phone number(s) may otherwise be on the federal, or a state's, Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the SMS Service program you enroll in. You are not required to agree to receipt of text messages in order to purchase any product or service from HHAEXCHANGE. HHAEXCHANGE is committed to building user trust and confidence by promoting and complying with the use of business practices that help protect the privacy and the security of the customer and their data.
SMS Service allows mobile subscribers to opt-in to receive notifications and information from your Agency through SMS messages straight to the subscriber’s phone. HHAEXCHANGE does not send subscribers messages through the SMS Service. The content and frequency of the messages you received may vary based on your Agency. HHAEXCHANGE is not responsible for the content, frequency, or timing of messages sent by an Agency.
SMS Service is available on all major carriers: Supported carriers may change from time to time.
Carriers are not liable for delayed or undelivered messages
There are no premium charges for joining SMS Service for receiving notification/information messages about your Home Health Care Agency, however Msg&Data rates may apply.
If you opt-in to receive notification/information from your Home Health Care Agency, you will receive recurring messages. Message frequency may vary.
How to opt-out of our service
To opt-out of your Home Health Care Agency’s program, text STOP at any time. An unsubscribe message will be sent to your mobile number confirming the cancellation, but no more messages will be sent from this program after that one.
For support or information about our SMS Service, text HELP at any time. You can also email us at support@HHAeXchange.com.
HHAEXCHANGE’s top priority is the privacy of our users. The following is provided to address any concerns you may have.
HHAEXCHANGE will never, under any circumstances, sell or distribute your cell phone number to third parties or Agencies you have not approved.
HHAEXCHANGE will never directly market to you any services for which you have not opted in, either by cell phone, text message or email.
If you use the SMS Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. HHAEXCHANGE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Copyrights and Trademarks
SMS Services, and all content available through SMS Services, is protected by copyright and other intellectual property rights. No portion of the SMS Services may be copied, republished, transmitted, or distributed in any way without HHAEXCHANGE’s prior written consent. Any such use of the SMS Service's content for any purpose not authorized by HHAEXCHANGE in writing is a violation of the copyrights of HHAEXCHANGE. You agree to use the SMS Services only as authorized by HHAEXCHANGE.
All trademarks, service marks, logos and trade names on the SMS Services, whether registered or unregistered, are proprietary to HHAEXCHANGE. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of HHAEXCHANGE.
HHAEXCHANGE makes no representations or warranties whatsoever regarding text messages or the SMS Service. HHAEXCHANGE hereby disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
To the maximum extent permitted by applicable law, you hereby agree that HHAEXCHANGE shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages under these SMS Terms and Conditions or related to the SMS Service, even if HHAEXCHANGE has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of SMS Service. The wireless carriers are not liable for delayed or undelivered messages. Furthermore, HHAEXCHANGE shall not be liable for the acts or omissions of third parties, including but not limited to delays in the transmission of messages.
To the maximum extent permitted by applicable law, you expressly agree to indemnify, defend and hold harmless HHAEXCHANGE, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses (including reasonable attorneys' fees), judgments or penalties of any kind or nature whatsoever arising from your use of the SMS Service or receipt text messages in connection with SMS Service, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Any dispute relating in any way to your use SMS Service or to these SMS Terms and Conditions shall be submitted to confidential arbitration in New York, New York except that, to the extent you have in any manner violated or threatened to violate HHAEXCHANGE’s intellectual property rights, HHAEXCHANGE’s may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. Arbitration under these SMS Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these SMS Terms and Conditions shall be joined to an arbitration involving any other party subject to these SMS Terms and Conditions, whether through class arbitration proceedings or otherwise. In no event shall the arbitrator be entitled to award either party exemplary, treble or any other form of punitive damages against the other, regardless of the claims raised.
MAIL A NOTICE OF DISPUTE FIRST. IF YOU HAVE A DISPUTE, YOU MUST SEND A NOTICE OF DISPUTE BY U.S. MAIL TO HHAEXCHANGE AT: One Court Square, 44th Floor, Long Island City, NY 11101.
ARBITRATION PROCEDURE. THE AAA WILL CONDUCT ANY ARBITRATION UNDER ITS COMMERCIAL ARBITRATION RULES (OR IF THE VALUE OF THE DISPUTE IS $75,000 OR LESS, ITS CONSUMER ARBITRATION RULES). IN A DISPUTE INVOLVING $25,000 USD OR LESS, ANY HEARING WILL BE TELEPHONIC UNLESS THE ARBITRATOR FINDS GOOD CAUSE TO HOLD AN IN-PERSON HEARING INSTEAD. ANY IN-PERSON HEARING WILL TAKE PLACE IN NEW YORK, NEW YORK. THE ARBITRATOR MAY AWARD THE SAME DAMAGES TO YOU INDIVIDUALLY AS A COURT COULD, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND CONDITIONS. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY TO YOU INDIVIDUALLY TO SATISFY YOUR INDIVIDUAL CLAIM, SUBJECT TO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THESE SMS TERMS AND CONDITIONS AND SUBJECT TO SUBSECTION 8 BELOW.
MUST FILE WITHIN ONE YEAR. YOU AND HHAEXCHANGE MUST FILE IN ARBITRATION ANY DISPUTE (EXCEPT INTELLECTUAL PROPERTY DISPUTES) WITHIN ONE YEAR FROM WHEN IT FIRST COULD BE FILED. OTHERWISE, IT’S PERMANENTLY BARRED.
REJECTING FUTURE ARBITRATION CHANGES. YOU MAY REJECT ANY CHANGE HHAEXCHANGE MAKES TO THIS ARBITRATION AGREEMENT (OTHER THAN ADDRESS CHANGES) BY SENDING US NOTICE WITHIN 30 DAYS OF THE CHANGE BY U.S. MAIL TO THE ADDRESS LISTED IN SECTION (B) ABOVE. IF YOU DO, THE MOST RECENT VERSION OF THIS ARBITRATION AGREEMENT BEFORE THE CHANGE YOU REJECTED WILL APPLY.
SEVERABILITY. IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THOSE PARTS WON’T BE ARBITRATED BUT WILL PROCEED IN COURT, WITH THE REST PROCEEDING IN ARBITRATION. IF ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND TO BE ILLEGAL OR UNENFORCEABLE, THAT PROVISION WILL BE SEVERED BUT THE REST OF THIS ARBITRATION AGREEMENT STILL APPLIES.
CONFLICT WITH AAA RULES. THIS AGREEMENT GOVERNS IF IT CONFLICTS WITH THE AAA’S COMMERCIAL ARBITRATION RULES OR CONSUMER ARBITRATION RULES.
HHAEXCHANGE AFFILIATES ARE THIRD-PARTY BENEFICIARIES. AFFILIATES OF HHAEXCHANGE ARE NOT PARTIES TO THIS ARBITRATION AGREEMENT BUT ARE INTENDED THIRD-PARTY BENEFICIARIES OF YOUR AGREEMENT WITH US TO RESOLVE DISPUTES THROUGH ARBITRATION.
Nothing in these SMS Terms and Conditions will be interpreted to waive your right to seek public injunctive relief under California’s consumer protection statutes.
If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
These SMS Terms and Conditions are to be governed by and construed in accordance with the law of the State of New York, without reference to its conflicts of law rules.
HHAEXCHANGE reserves the right to change these SMS Terms and Conditions or cancel the SMS Service at any time. Your continued use of the SMS Service or acceptance of text messages from HHAEXCHANGE after changes are made to these SMS Terms and Conditions will be deemed acceptance of these SMS Terms and Conditions as modified by the posted changes. Therefore, please check these SMS Terms and Conditions on a regular basis.
Last Modified: July 19, 2022