UNITE HERE HEALTH, also known as the Culinary Health Fund, and its affiliates, subsidiaries, employees, and agents (collectively the “Fund” or “us” or “we” or “our”) offer several texting programs. By electing to participate in the Fund’s texting programs, you agree to the terms and conditions below (“Terms and Conditions”). If you do not agree to these Terms and Conditions, please do not participate in the Fund’s texting programs.
The number of text messages you receive, and how often you receive them, as well as how to opt-out (stop receiving texts) and get help, will vary by texting program. The Fund may use an automatic dialing system to send recurring text messages to your cell phone number. By electing to participate in the Fund’s texting programs:
- You consent to the Fund’s use of an automatic dialing system to send recurring text messages to the cell phone number you gave to us when you signed up; and
- You acknowledge that the text messages are not secure and may contain your Protected Health Information.
Please note that in order to participate in the Fund’s texting programs:
- You must be at least 18 years old and own or control the cell phone number you gave to us.
- If you are between the ages of 14 and 18, you must have parent or guardian consent before enrolling.
- If you are between the ages of 14 and 18 and do not have parent or guardian consent, or if you are under 14 years of age, you may not participate in the Fund’s texting program and if you have elected to participate you should immediately opt-out.
By electing to participate in the Fund’s texting programs, you agree:
- To give the Fund accurate and complete information, including your cell phone number.
- To notify the Fund right away if your cell phone number changes.
- The Fund is not liable for any communication or transmission of information sent via text message to your old phone number if you do not notify the Fund of your new cell phone number.
- To protect your cell phone with a password and encryption, if available.
By electing to participate in the Fund’s texting programs, you acknowledge and agree that the texting programs are provided on an “AS IS, AS AVAILABLE” basis. THE FUND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AS MAY BE MADE WITH RESPECT TO THE FUND’S TEXTING PROGRAMS OR ANY INFORMATION TEXTED IN CONNECTION WITH THEM. If you participate in the Fund’s texting programs, you do so at your own risk.
UNDER NO CIRCUMSTANCES SHALL THE FUND BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS), ARISING OUT OF, DIRECTLY OR INDIRECTLY, OR IN CONNECTION WITH THE USE OF THE TEXTING PROGRAM(S) WHETHER OR NOT THE FUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We do not guarantee the successful delivery of text messages. Text messages may not be delivered if your cell phone 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 the customer’s equipment, terrain, and proximity to buildings, foliage, and weather. We 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 purposes.
The Fund does not charge for its texting programs, but your mobile service provider may charge messaging and data rates. The Fund may also send messages with multimedia content (pictures, videos, GIFs, etc.) (“MMS alerts”). Content and MMS alerts may not be available through all carriers.
The Fund reserves the right to revise and update these Terms and Conditions at any time and for any reason, with or without notice or obligation. Your use of the texting programs after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. You agree to periodically review these Terms and Conditions to ensure you are familiar with the most recent version. You agree that you do not have any rights in the texting programs and that the Fund will have no liability to you if the Fund, in its sole discretion, suspends, restricts or discontinues the texting programs or your ability to access the texting programs, with or without notice.
The Fund’s logos are proprietary trademarks of the Fund and may not be used by you for any purpose without prior written permission from an authorized representative of the Fund. If the texting program includes or refers to other trademarks, service marks and/or logos, they are owned or controlled by their respective owners.
These Terms and Conditions and your use of the Fund’s texting programs are governed exclusively by the laws of the State of Illinois, without reference to its rules regarding choice of law. By using the Fund’s texting programs, you hereby agree that any and all disputes regarding these Terms and Conditions and the texting programs will be subject to the federal and state courts located in Cook County, Illinois.
The Fund is serious about protecting your privacy for every service it provides to you, including its texting programs. For purposes of the texting programs, we may collect and use the cell phone number that you provide to respond to your questions or to tell you about a service or resource that you expressed interest in. We will continue to send you text messages until you request us to stop or opt-out.
Always use good judgment when sending your information to us via text. These messages may pass through many private and public networks, which may not be secure. Some networks may have secured these transmissions, while others have not. This could affect the privacy and integrity of the messages you send. We cannot guarantee the privacy or security of information sent via text message.
If you are unhappy with the Fund’s texting program or do not agree to these Terms and Conditions, your sole and exclusive remedy is to opt-out of the specific texting program.