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This webpage contains information about the Fund’s general texting terms and conditions. Click here to review the Fund’s specific texting terms and conditions for benefit change text messages. Click here to review the Fund’s SMS Privacy Policy for texting programs administered through the Hustle texting platform.

GENERAL TEXTING TERMS AND CONDITIONS

UNITE HERE HEALTH, also known as the Culinary Health Fund, and its affiliates, subsidiaries, employees, and agents (collectively the “Fund” or “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 participating 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 Frequency and Nature of Text Messages:

The number of text messages you receive, the type of information texted and how often you receive them will vary by texting program. The cadence and frequency by which we send you text messages may vary depending on the texting program(s) you participate in; however, we will not send you simultaneous text messages about the same topic in a 24-hour period.

We may send you text messages that include, but are not limited to, information about upcoming health plan events, open enrollment, and other benefit-related information.

Your Requirements When Texting with Us:

By participating in the Fund’s texting programs:

  • You consent to the Fund’s use of an automatic telephone dialing system (“ATDS”) to send recurring text messages to the cell phone number you provided to us.
  • You acknowledge that text messages are not always secure and may contain your Protected Health Information.
  • You agree to give the Fund accurate and complete information, including your cell phone number.
  • You agree to notify the Fund right away if your cell phone number changes.
  • You agree the Fund is not liable for any communication or transmission of information sent via text message to your previous phone number if you did not notify the Fund of your new cell phone number.
  • You understand that you are not required to consent to receive text messages from the Fund to receive your health and welfare benefits, or any other services from the Fund.
  • You agree to protect your cell phone with a passcode and encryption, if available.
  • You understand that anyone with access to your mobile phone may be able to view the messages you receive when texting with the Fund, and you agree that the Fund will not be liable to you if this occurs.
  • You agree that the Fund’s texting programs are provided on an “AS-IS, AS AVAILABLE” basis.

Children:

The Fund’s texting programs are not intended for children under the age of 13, and the Fund does not knowingly collect information from children under the age of 13.

By participating in the Fund’s texting programs, you are representing that you meet one of the following conditions:

  • You are at least 18 years old, and you own or control the cell phone number to which the Fund sends text messages.
  • You are between the ages of 14 and 18, and you have parental or guardian consent to participate in the Fund’s texting programs.

If you are under 14 years of age, or if you are between the ages of 14 and 18 and do not have parental or guardian consent, you may NOT participate in the Fund’s texting programs and you should immediately opt-out of any Fund texting programs that you previously elected to participate in.

To Unsubscribe or Opt-Out of Receiving Text Messages:

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.

You can opt out of receiving text messages from us at any time by replying to any of our messages with any of the following words: STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE. Once you opt out, we will send you one additional text message to confirm that we have opted you out and you will no longer receive text messages from us unless you choose to opt back in.

You can opt back in to receiving text messages from us by replying to our opt-out confirmation text message with any of the following words: START, RESUBSCRIBE, or STOP.

If You Need Help While Texting Us:

If you need assistance at any time, you can reply INFO or HELP to any text message you receive from us, or you can contact our support team directly at communciations@uhh.org

General Disclaimers

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 mobile service providers 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. Your mobile service provider also does not guarantee message delivery and will not be held liable for delayed or undelivered messages.

Standard message and data rates may apply for any messages sent to you from us and to us from you, and the Fund is not liable for any costs or charges issued by your mobile service provider. You will receive recurring messages unless and until you opt-out of the Fund’s texting programs. If you have questions about your texting or data plan, you should contact your mobile service provider directly. The Fund may also send messages with multimedia content (pictures, videos, GIFs, etc.) (“MMS messages”). MMS messages containing multimedia content may not be available through all mobile service providers.

The Fund reserves the right, in its sole discretion, to modify or change these Terms and Conditions at any time and for any reason, with or without prior notice or obligation to you. The date of the last update will be posted at the bottom of this page for your convenience. These Terms and Conditions, and any changes to them, are effective as soon as posted. Your continued use and participation in the Fund’s texting programs following the posting of any of these changes to these Terms and Conditions constitutes your full acceptance of those changes. You agree that the Fund will have no liability to you if the Fund, in its sole discretion, suspends, restricts, or discontinues its texting programs or your ability to access such texting programs, with or without notice.

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.

Last updated: 2/18/2025