Stay Well Messaging Terms and Conditions
Text Messaging, Applications, Websites Policy
Text Messaging Service
Stay Well Care Solutions, Inc. offers text messaging service that allows all Stay Well Care Solutions, Inc. employees (Users) to receive mobile application information or reminders on their mobile devices. Please see the text messaging terms and conditions below for full details, including possible fees associated with text messaging.
Text Messaging Service Terms and Conditions
By opting in for Text Messaging Service, you, the user, agree to the following terms and conditions:
Agreement Between User and Stay Well Services, Inc. defined hereinafter as “StayWell”.
This website is offered to the User conditioned on acceptance by the User ("User" or "You") without modification of the terms, conditions, and notices contained herein. By accessing and using this website, the User agrees to be bound to all such terms, conditions, and notices, including StayWell’s Privacy Policy (the "Agreement").
Use of StayWell Website: staywellcare.net defined hereinafter as “Website”.
User represents and warrants that he or she possesses the legal right and ability to enter into this Agreement and to use Website in accordance with all terms and conditions herein. User agrees to be financially responsible for all use of above website. User agrees not to assign, transfer or sublicense User rights pursuant to this Agreement. The informational features of Website are provided solely to permit User to determine the availability of services or employment and for no other purposes. User shall be completely responsible for any or all charges, fees, duties, taxes and assessments arising out of the use of Website. Website are only for the User communication with StayWell. User agrees not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from Website without StayWell’s prior written permission. User agrees not to use any robot, spider, other automatic device, or manual process to monitor or copy Website or the content contained therein or for any other unauthorized purpose without StayWell’s prior written permission. User agrees not to use any device, software or routine to interfere with or attempt to interfere with the proper working of Website or any activities conducted on above mentioned sites. User agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. StayWell reserves the right to investigate any illegal and/or unauthorized use of Website, including, but not limited to, unauthorized framing of Website or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.
Copyright and trademark notices
All copyrights, trademarks, trade names, logos, and service marks (the "Marks") displayed on Website are StayWell’s property or the property of other third parties. User is not permitted to use these Marks without StayWell prior written consent or the consent of such third parties that may own the Marks.
Liability disclaimer
The information, software, products, and services published on Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. StayWell and/or its suppliers may make improvements and/or changes in Website at any time without prior notice. StayWell and/or its suppliers make no representations about the suitability of the information, software, products, and services contained on Website for any purpose. All such information, software, products, and services are provided “as is” without warranty of any kind. StayWell and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall StayWell and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of Website or with the delay or inability to use Website, or for any information, software, products, and services obtained through Website, or otherwise arising out of the use of Website, whether based on contract, tort, strict liability or otherwise, even if StayWell and/or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Class Action Waiver
You agree that the resolution of any dispute, claim, or controversy related to this Agreement shall be conducted on an individual, not a class-wide basis, and that no such proceeding may be consolidated with any other legal proceedings involving StayWell. You further agree that you, and anyone asserting a claim for you, will not be a class representative, class member, or otherwise participate in a class, representative, consolidated or private attorney general proceeding against StayWell.
Forward-looking statements
Website may contain forward-looking statements concerning StayWell. These forward-looking statements only speak as of the date indicated or, if no such date is indicated, as of the date such statements are posted to Website. Actual results could differ materially from those described in any forward-looking statements. StayWell expressly disclaims any obligation to update, amend, supplement or otherwise revise any forward-looking statements contained in above websites to reflect events or circumstances that may arise after the date indicated, except as otherwise required by applicable law.
Links to third-parties' websites
Website may contain links and pointers to Internet sites maintained by third-parties. StayWell does not operate or control in any respect any information, products or services on such third-party sites. Third-party links and pointers are included solely for the convenience of Users, and do not constitute any endorsement by StayWell and/or its suppliers. User assumes sole responsibility for use of third-party’s links and pointers.
Software available on Website
Please note that all software, including without limitation all HTML code and Active X controls contained in Website, is owned by StayWell and/or its suppliers and is protected by intellectual property and other laws, including without limitation copyright laws and international treaty provisions. Any reproduction or redistribution of the software is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Use of information
Any communications you send to Website or otherwise to StayWell by electronic mail are on a non-confidential basis, and StayWell is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. StayWell shall be free to use the content of such electronic mail communications, including the development, manufacturing and/or marketing of goods or services.
Indemnity
As a condition of use of Website, the User agrees to indemnify StayWell and its suppliers from and against any or all liabilities, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of Website, including without limitation any claims alleging facts that if true would constitute a breach by User of this Agreement.
Use of StayWell Communication Channels including but not limited to Text Messaging, Applications and Websites:
To the extent that these communication channels the User agrees to use such channels only to send and receive messages and material that are proper and related to the particular channel. By way of example, and not as a limitation, the User agrees when using a communication channel, the User shall not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information including but not limited to gambling, vaping, illegal drugs, profanity and SHAFT (sex, hate, alcohol, firearms, tobacco).
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the User owns or controls the rights thereto or has received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose.
Download any file that the User knows, or reasonably should know, cannot be legally distributed via Website.
User agrees to use Website only as permitted by this Agreement, any additional policies or procedures published in Website from time to time by StayWell, and applicable law. StayWell reserves the right for any reason to remove without notice any contents of Website received from Users, including without limitation bulletin board postings. StayWell reserves the right to deny in its sole discretion any user access to Website or any portion thereof without notice. StayWell reserves the right to edit any notices or postings for clarity and length. The User acknowledges that any Forums hosted by Website are public and not private communications. Further, the User acknowledges that chats, postings, conferences, and other communications by other Users are not endorsed by StayWell, and such communications shall not be considered reviewed, screened, or approved by StayWell.
Service contact
If you wish to contact us regarding Website, please visit Contacts pages on any of Website to get in touch and resolve any questions you have.
General
Other services and products described in Website will also be subject to terms and conditions, details of which may be obtained from StayWell or its service provider (as applicable).
StayWell reserves the right to make any or all changes to Website at its sole discretion without notice to the User. StayWell reserves the right to deny access to Website to anyone at any time. This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement is governed by the laws of the State of Georgia, U.S.A., without reference to conflicts of law’s provisions. Use of above websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Any rights not expressly granted herein are reserved.
You also agree to the following as it pertains to specific usage of the text messaging service:
Usage
User acknowledges that text messages are distributed via third-party mobile network providers and therefore StayWell cannot control certain factors relating to message delivery. User acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the text message to the recipient successfully. Wireless carriers are not liable for delayed or undelivered messages. StayWell does not claim or guarantee availability or performance of this service, including liability for transmission delays or message failures.
Service status notification
Our service status notification will send you application updates and reminders every time you fail to log in on time. You will receive operational notifications about your application use, as well as logins and clock-out reminders. StayWell text messaging system supports carriers: AT&T, U.S. Cellular, Verizon Wireless, Sprint, T-Mobile. Standard messaging and data rates may apply. Messaging frequency varies based on customer preferences.
Messaging Campaign Description
Must be clear, detailed and inform the User about the program, for example “You will receive text messages in regards of application updates, server availability, application notifications, your service schedule changes, reminders and warnings.”
Brand Name disclosure in text messages
At the start of every message sent to mobile devices, the message header would include “StayWell” and colon accounting for 9 characters ("StayWell: ").
OPT-IN
The message recipient must consent ("Opt-in") to receive SMS and MMS messages before receiving the first message from StayWell. Opt-in options described below are also detailed in the Privacy Policy and Terms and Conditions of Service.
Opt-in consent disclosure includes a Company Brand Name(“StayWell”), a statement which asks the recipient to agree to receive messages, the Message Frequency disclosure, the Pricing disclosure and both the Privacy Policy and Terms and Conditions links. Include a link to view the Online URL when applicable.
Opt-in confirmation message must contain:
· “StayWell:” (as Brand Name) at the beginning of the message.
· Program description, like “Mobile App updates, server availability, notifications, service schedule changes, reminders”.
· “Msg freq varies” (or “One msg per request”).
· “Msg and data rates may apply.
· “Reply STOP to end, HELP for help".
· Opt-in Confirmation is limited to 255 characters. If over 160 characters, then disclosure must be in the 1st message.
User can be Opt-in into messaging with StayWell using:
(1) Mechanism # 1: Online (Mobile App, Mobile Browser)
In Mobile App or Browser the following statement should be presented to User: "By entering your number, you agree to receive mobile messages from StayWell.”
User will receive confirmation message similar to the following:
“StayWell: You have successfully subscribed to SMS campaign. Message frequency varies. Message and data rates may apply. View our SMS Terms and Conditions (link) and Privacy Policy (link) Text HELP for help STOP to stop"
(2) Mechanism # 2: “Text-To-Join Keyword”
Optionally User send text to StayWell Number with Keyword JOIN. The Message Flow is different from Mechanism#1; User must:
· Login into any StayWell Mobile App or StayWell Website.
· Find and open Messaging Opt-in link.
· Read and understand Messaging Campaign description.
· Read SMS Terms Policy and Privacy Policy.
· If agrees, User can send “Text-To-Join Keyword” (word JOIN) to StayWell Phone number provided at that web page.
User will receive confirmation message similar to the following:
“StayWell:[UserName] You agree to receive text messages from StayWell; Reply STOP to opt out; Reply HELP for help. Message frequency varies. Message and data rates may apply; Carriers are not liable for delayed or undelivered messages"
OPT-OUT
Opt-out keyword is STOP.
After User texted keyword “STOP”, the following message to User will be issued by StayWell:
Opt-out confirmation must contain the following information:
· “StayWell:” (as Brand Name) at the beginning of message;
· Confirmation that the recipient “has successfully unsubscribed”
· Confirmation that the recipient "will no longer receive any additional messages."
· Opt-out must result in the subscriber being removed from that campaign.
Example of Opt-out system response:
"StayWell: You have successfully unsubscribed & will no longer receive any additional messages. Text HELP for help, UNSTOP to subscribe.”
HELP
Help confirmation message must contain the following information:
· “StayWell:” (as Brand Name)
· Customer Support contact information
Example:
"StayWell: For help visit www.staywellcare.com, email [email protected] or call 201-254-0206 or your direct supervisor."
Fees
StayWell does not charge a fee for text messaging service. While we do not charge for this service, we are not responsible for any charges from a person's service provider that may result from our providing this service. It is the user's responsibility to check with their individual carrier, as standard messaging and data rates may apply. StayWell assumes no responsibility for charges incurred by signing up for this text messaging service. Any text messaging fees that you incur will be billed on your individual mobile provider bill.
This Policy was last updated on August 13, 2024.