These Texting and Automated Call Terms of Use (the “Terms”) govern all communications to or from Village Senior Services Corporation d/b/a VillageCareMAX (referred to collectively as “VillageCareMAX”, “we”, “us”, or “our”). By providing consent to receive text messages and/or automated prerecorded or artificial voice calls from us, you are agreeing to receive one-time and recurring texts and/or automated calls, including those that may be sent using an automated telephone dialing system, prerecorded voice, or artificial voice, related to the following:
- Healthcare reminders. Messages may include reminders such as appointment scheduling, preventive health screenings, flu shots, mammograms, colonoscopy, etc.
- Benefit and plan information. Messages may include information about services covered under your plan, cost sharing, finding a network provider, alerts when a provider you have an appointment with is not in the network.
- Pharmacy plan information. Messages may include important information about your pharmacy plan or authorization.
- Medication reminders. Messages may include specific or general reminders when it’s time to take your medication.
- Claims, billing and payment. Messages may include notifications that a claim has been received or processed, or a premium is due.
- Program and services. Messages may include information about programs that are available to you such as; diabetes, heart conditions, cancer care, wellness, weight management, quit smoking, etc.
Surveys. Messages may include an option to participate in surveys and provide the plan feedback.
Marketing information. Messages may include promotional information such as other VillageCareMAX benefit plans, features and coverage that you may be qualified to enroll.
Message and data rates may apply. Enrollment in text messages and/or automated calls is not a condition of any purchase and is not required for your enrollment.
Opt-Out Instructions
You may opt-out of automated text messages and/or automated prerecorded or artificial voice calls at any time by using any of the following methods:
- replying to any message received from VillageCareMAX with an opt-out command, such as “STOP,” “QUIT,” “END,” or “UNSUBSCRIBE,” to any text message from VillageCareMAX;
- pressing the automated key press opt-out option provided during any prerecorded or artificial voice call;
- contacting Member Services at 1(800)469-6292; or
- submitting a written request to VillageCareMAX https://www.villagecaremax.org/contact-us.
When opting out of text messages, you acknowledge and agree to receive a final one-time opt-out confirmation text message of all automated calls and texts from us.
It is your sole responsibility to notify us if you no longer want to receive text messages and/or automated calls. Please allow up to ten (10) business days to process any opt-out request. Please note that even if you opt out of text messages and/or automated prerecorded or artificial voice calls, we reserve the right to make non-automated calls and send non-automated messages to you.
You may text HELP for help or follow voice prompts during any prerecorded call to reach a live operator or obtain assistance. Text messages and automated prerecorded or artificial voice calls may be made to your mobile or residential telephone number using an automatic telephone dialing system (ATDS), prerecorded voice, or artificial voice. Automated calls will not be placed before 8:00 a.m. or after 9:00 p.m. local time at your location.
Wireless Providers
Text messaging may not be available from all carriers. We also do not guarantee the successful delivery of text messages or calls by your wireless provider. Messages sent by text and calls made to your number may not be delivered if the mobile device is not in range of a transmission site, or if the network is down. Factors beyond the power of wireless carriers may get in the way of message delivery: this may include the terrain, how close you are to buildings, foliage, weather, and your equipment. We and your wireless provider will not be liable for losses or damages that come from:
a message or call not delivered, a message delivered late, or not connected; or
- a message or call that goes to the wrong number; or
- inaccurate or incomplete content in a text message.
We are not liable for your use or reliance on the content of any text message or prerecorded call message.
If you have any questions about your text plan, voice plan or data plan, it is best to contact your wireless provider. If you have questions about services or your plan, call the toll-free member number on your ID card.
Privacy & Security
You verify that any contact information you provide to VillageCareMAX including, but not limited to, your name, mailing address, email address, your residential, business and/or mobile telephone number(s), is true and accurate. You also verify that you are the owner and/or subscriber for any phone number you provide. You are strictly prohibited from providing a phone number that is not your own. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us before the change goes into effect by following the Opt-Out Instructions above.
We recommend you use a password to open your mobile device. Text messages and prerecorded voice calls may include protected health information (PHI). Since text messaging is unencrypted, and prerecorded voice messages may be intercepted or accessed on shared or recorded lines, there is a risk that this PHI could be intercepted, viewed or heard by third parties, including others who look at or can access your device or telephone line. When you choose to get text messages and/or automated calls from us, you do so at your own risk. The use and disclosure of PHI in text messaging and automated voice communications may be governed by other privacy notices, including applicable HIPAA Notice of Privacy Practices.
You must notify us immediately of any breach of security or unauthorized use of your telephone device. Although we, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for the losses of VillageCareMAX, our agents, affiliates, and independent contractors or others due to such unauthorized use.
Your Indemnification to Us
You agree to indemnify VillageCareMAX for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents relating to your voluntary provision of a telephone number that is not owned by your and/or your failure to notify us of any change in your contact information, including telephone number. You agree to indemnify, defend, and hold us harmless from and against any and all such claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees).
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed or misdirected delivery of any information sent from VillageCareMAX, including by text message, prerecorded call, or artificial voice call, and/or any errors in such information.
Governing Law
These Terms of Use are governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions.
Questions about the Texting Terms of Use
What type of text messages and/or automated calls will I get? Text messages and automated calls (including prerecorded and artificial voice calls) may include one-time or recurring automated informational texts and calls. These messages and calls may include information about your benefits, programs, products, services, or tools.
How often will you send texts and/or make automated calls and how many will I get? Message frequency may vary. Some messages and calls will be one-time and others will be recurring depending upon the message content and/or type.
I want to stop receiving text messages and/or automated calls, what do I do? To stop receiving text messages and/or automated calls from VillageCareMAX, send an opt-out request such as “STOP” or “UNSUBSCRIBE” in response to a text message sent from VillageCareMAX. You may also contact Member Services at 1(800)469-6292 or https://www.villagecaremax.org/contact-us.
If I reply STOP for one texting program or call program, can I stay in another program? No. When you send an opt-out request such as “STOP” or “UNSUBSCRIBE” to VillageCareMAX, you will stop receiving ALL text messages from VillageCareMAX.
What if my mobile number changes? Please update us right away if your mobile number changes. It is your responsibility to give a correct mobile number and to update us if your phone number changes. You may be liable for any claims or damages that result from your provision of incorrect or unauthorized contact information and/or your failure to notify us if your phone number changes. You may also contact Member Services at 1(800)469-6292 or https://www.villagecaremax.org/contact-us.
What is a personalized text message or automated call? A personalized text message or automated call may help you take care of your health. These messages and calls may include doctor’s appointment reminders, educational information or suggestions to help you lower your costs or improve your health. These messages and calls are unique to you and may show medical or mental health conditions, such as pregnancy. When you choose personalized messages or calls, the text messages may be seen, or call messages may be heard, by someone else who can access your phone or telephone line. We suggest that you use a password.
I signed up for text messages and/or automated calls, but I did not get one. Why not? Text messaging and automated calls may not be available from all wireless providers or carriers. You may not receive a message or call if your wireless network is down, you are outside service range, or your carrier has blocked certain types of automated messages or calls. We are not responsible for losses or damages because a text or call is not delivered or connected, or it is delayed.