Daymark Text Message Program

1. Legally Binding Agreement & Opt-In

By completing the Daymark Health SMS Opt-In and agreeing to receive text messages, you consent to this agreement and Daymark’s Terms of Use, Privacy Policy, and Notice of Privacy Practices. The agreement constitutes a legally binding contract. Continued access indicates acceptance. Non-participation doesn’t affect other Daymark benefits.

2. Overview of the Daymark Text Program

Daymark Health sends text messages to patients following referrals from healthcare providers or insurance companies. Messages may include wellness check-ins, care follow-ups, medical guidance, appointment reminders, prescription notifications, lab results, benefit information, care coordination, and surveys. Marketing texts are sent only with express opt-in consent.

For assistance, reply HELP to any message or contact support@daymarkhealth.com or 866-799-7855.

To opt-out, reply STOP to any message or contact support.

3. Requirements to Participate and Use of the Daymark Text Program

By opting in, you represent that you:

• Meet legal age requirements (18+);
• Own or are authorized to use the enrolled phone number;
• Will update your phone number if changed;
• Authorize applicable charges;
• Agree to use only from the United States;
• Will use only for lawful purposes;
• Accept responsibility for all messaging charges;
• Understand messages aren’t encrypted;
• Grant express permission for automated texts via automatic dialing technology;
• Accept responsibility for all texts sent from your number;
• Understand the program doesn’t override “do not call” registry status; and
• Will NOT use for medical emergencies.

Medical emergencies require calling 911 or visiting the nearest emergency room.

4. How to Opt-Out of the Text Program

You may stop receiving texts at any time by texting STOP to the last Daymark message received. If you’ve opted into multiple message types, you must opt-out of each separately. Daymark may send a confirmation message. To opt-out completely, contact support@daymarkhealth.com or 866-799-7855.

5. Lawful Use of Daymark Text Program

You agree to use the program only for lawful purposes in accordance with this agreement. You’re responsible for determining legality and complying with applicable laws. Illegal use is prohibited.

6. Unauthorized Use or Misuse of the Daymark Text Program

Violation of agreement terms results in immediate termination of your participation rights. Daymark has complete discretion to terminate without notice upon violation. Unauthorized misuse may subject you to civil damages and criminal prosecution. Daymark reserves the right to report breaches to law enforcement.

7. Charges for Messages and Data Usage

Daymark doesn’t charge fees for texts, but wireless carrier charges may apply and are your responsibility. By opting in, you approve carrier charges. Verify potential costs with your wireless provider. Charges appear on your mobile bill or are deducted from prepaid balance.

8. Text Message Delivery and Frequency

Daymark doesn’t guarantee message delivery. Delivery depends on network availability, coverage, terrain, buildings, foliage, weather, and equipment factors beyond carrier control.

You may receive no more frequently than two times per day through the program.

9. Ownership & License to Use the Text Program

All intellectual property rights in the Text Program, including copyrights, patents, trademarks, and trade secrets, belong to Daymark Health or Daymark Providers. Daymark retains all rights except limited access rights granted by this agreement. Unauthorized use terminates your license.

10. Dispute Resolution and Arbitration

Initial Dispute Resolution Period

Before arbitration or court proceedings, parties must attempt informal negotiation for at least 60 days. Contact support@daymarkhealth.com for concerns. Written dispute notices must be sent to legal@daymarkhealth.com and include:

• Subject line: “Notice of Dispute”;
• Nature and facts of the claim;
• Dispute date;
• Specific relief sought;
• Name, email, and physical address of party seeking relief.

A mandatory conference between parties (individualized, with personal participation required) must occur. The statute of limitations is tolled during this period. Violation allows a court to enjoin arbitration prosecution.

Scope

This agreement involves interstate commerce and falls under the Federal Arbitration Act (9 U.S.C., Secs. 1-16). Any dispute arising from this agreement or Text Program use shall be settled by binding arbitration, except as noted below.

Binding Arbitration

If informal resolution fails, arbitration proceeds through JAMS per its Comprehensive Arbitration Rules and Procedures (available at jamsadr.com) unless it qualifies as a Mass Arbitration before NAM. If JAMS is unavailable, another national consumer arbitration provider with substantially similar procedures may be used.

Process

After the Initial Dispute Resolution Period, the initiating party provides a written arbitration demand to the other party and the arbitration provider. For claims against Daymark Health, send demands to:

The demanding party and counsel must certify the demand isn’t for improper purposes, claims are warranted by existing law or nonfrivolous legal arguments, factual contentions have evidentiary support or will after investigation, and the Initial Dispute Resolution Period, including conference participation, was completed. The arbitrator may impose sanctions under Federal Rule of Civil Procedure 11 or applicable state law for violation.

Location & Hearing

U.S. residents’ arbitrations are held in their county of residence or mutually agreed location. Non-U.S. residents’ arbitrations are held in Philadelphia County, Pennsylvania or mutually agreed location. Claims not exceeding $25,000 are resolved by document submission unless the arbitrator requires an in-person hearing. Remote attendance is permitted unless the arbitrator requires otherwise. Proceedings are conducted in English.

Arbitrator’s Decision

The arbitrator issues a written decision but need not provide reasoning unless requested. The arbitrator must follow applicable law. Decisions are final and binding, enforceable in any competent jurisdiction. The arbitrator determines scope and enforceability of the arbitration agreement and has authority over all validity and arbitrability issues. The arbitrator may grant any relief available under law or equity.

Fees

Attorney fees and costs recovery are governed by applicable law and arbitration rules. Either party may request the arbitrator award attorney fees upon showing the opposing party asserted groundless, bad faith, harassing, or frivolous claims, cross-claims, defenses, or tactics, as allowed by applicable law and JAMS Rules.

Mass Arbitration Before NAM

If 25+ demands for arbitration relate to the same or similar subject matter with common legal or factual issues, and counsel is the same or coordinated, this constitutes a “Mass Arbitration” governed by NAM Rules (not JAMS Rules), excluding class arbitration rules. Before filing, parties jointly contact NAM at 1-800-358-2550 or namadr.com/resources/rules-fees-forms/. NAM’s Mass Filing Supplemental Dispute Resolution Rules apply (available at namadr.com). Individual claims use NAM’s claim forms as directed. If either party fails to commence Mass Arbitration before NAM, the other may seek an order from NAM compelling compliance. Pending such requests, all comprised arbitrations are stayed. If these provisions are unenforceable or NAM declines administration, disputes are administered by AAA per the Dispute Resolution Section.

Appointment of Procedural Arbitrator in Mass Arbitration

Parties agree to cooperate in good faith implementing the Mass Arbitration process to minimize time, filing fees, and costs. This includes appointing a procedural arbitrator to manage the Mass Arbitration efficiently and cost-effectively and adopt an expedited calendar.

Exceptions to Binding Arbitration

Provisional Remedies

Either party may seek provisional remedies aiding arbitration and enforcing the Initial Dispute Resolution Period from an appropriate court, subject to forum selection provisions below.

Intellectual Property and Trade Secret Disputes

Either party may bring state or federal court actions asserting only patent infringement/invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation claims, subject to forum selection provisions.

Small Claims Court

Either party may seek small claims court relief for individual disputes within that court’s jurisdiction. Before arbitrator appointment, either party may send written notice requesting small claims court resolution, after which the arbitration provider may close the case with no filing fees due. Any disagreement about small claims court applicability is decided by small claims court or competent jurisdiction, not the arbitrator.

Class and Collective Action Waiver

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AND WE AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION OR CLASS ARBITRATION.

Statute of Limitations

Any claim or cause of action arising from or related to Text Program use must be filed within one year or be forever barred.

Forum

For disputes not subject to binding arbitration, both parties agree to submit to exclusive jurisdiction of Philadelphia County, Pennsylvania state or federal courts (except small claims court actions, which may be brought in your county of residence). You waive jurisdictional, venue, or forum non conveniens objections.

Severability

If any provision in this Dispute Resolution and Arbitration Section is unenforceable, that provision is severed while the remainder remains in effect. The prohibition against class or collective actions is exempt from severability. If this prohibition is found unenforceable after all appeals (or if the decision is final), that claim or relief request proceeds in competent court jurisdiction but is stayed pending arbitration of all other claims.

30 Day Right to Opt-Out

You may opt-out by emailing legal@daymarkhealth.com within 30 days of first Text Program use or the effective date of the agreement containing this arbitration section. Otherwise, you’re bound by arbitration provisions. If you opt-out, Daymark also isn’t bound by these provisions.

11. Term & Termination

This agreement remains in effect while you use the Text Program. Daymark reserves termination rights at any time, with or without cause, via email notice. Daymark may terminate for:

• Agreement violations;
• Conduct violating applicable law or harming Daymark or other users;
• Law enforcement or government agency requests;
• Program discontinuance or material changes;
• Eligibility termination by healthcare providers or health plans; or
• Unexpected technical issues beyond control.

Termination terminates your rights and license but doesn’t limit Daymark’s other rights or remedies. Provisions necessary for agreement intent and purpose survive termination.

12. Availability and Changes to the Daymark Text Program

Daymark continuously updates the Text Program and reserves the right to review or remove any part without notice. Check this agreement periodically for changes. All changes are effective upon posting unless applicable law requires additional notice. Disagreement means discontinuing use is your sole remedy. Continued use constitutes acceptance of changes.

The program or parts may be inaccessible at any time for any reason. Daymark isn’t liable for unavailability. Daymark may modify, suspend, or discontinue the program or portions at any time for any reason, with or without notice. Daymark isn’t liable to you or third parties for any modification, suspension, or discontinuance.

13. Disclaimer of Warranties

USE OF THE TEXT PROGRAM IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TEXT PROGRAM IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS.

Daymark expressly disclaims all warranties — express, implied, statutory, or otherwise — including merchantability, fitness for particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, data accuracy, and system integration.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL DAYMARK HEALTH INC., DAYMARK PROVIDERS OR THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES.

This includes personal injury/wrongful death and damages for lost revenues, profits, goodwill, use, data, or intangible losses from Text Program use, regardless of liability basis (contract, tort, warranty, statute, etc.) or whether Daymark was advised of damage possibility.

Daymark’s maximum liability is limited to actual damages not exceeding $100 U.S.

Where applicable law prevents warranty disclaimer or liability limitation, such warranty scope and duration and liability extent are limited to the minimum permitted.

15. Indemnification

To the fullest extent permitted by law, you indemnify and hold harmless Daymark Health, its parents, subsidiaries, affiliates (including Daymark Health (DE) LLC and affiliated professional entities and healthcare providers), officers, employees, agents, partners, and licensors from losses, costs, liabilities, and expenses (including reasonable attorney fees) relating to:

• Your agreement violations;
• Your Text Program use;
• Your violation of others’ rights, including other users’ rights;
• Your violation of applicable laws, rules, or regulations.

Daymark may assume exclusive defense and control at its cost, requiring your full cooperation. These provisions survive agreement termination or access termination.

16. Miscellaneous Terms

Governing Law

This agreement, Text Program use, and related actions are governed by Delaware law consistent with the Federal Arbitration Act, without regard to any jurisdiction’s choice of law provisions.

Assignment

This agreement benefits and binds permitted successors and assigns. You cannot assign, subcontract, delegate, or transfer rights or obligations without Daymark’s prior written consent; attempted violations are null and void. Daymark may assign all rights and obligations without further consent or notification upon transfer by merger, asset sale, or otherwise.

Amendment

Except as described in the “Availability and Changes to the Daymark Text Program” section, this agreement can only be amended in writing signed by both parties.

Waiver

Failure or delay exercising any right or enforcing any provision doesn’t constitute waiver. Waivers are effective only if in writing and signed by Daymark Health.

Entire Agreement and Severability

This agreement, amendments, and additional agreements or consents you’ve entered regarding the Text Program constitute the entire agreement concerning it. If any portion is held invalid or unenforceable by competent jurisdiction, that portion is construed to reflect original parties’ intent as closely as possible, with remaining portions remaining in full effect.

17. Copyright Policy

Daymark Health respects others’ intellectual property and requests users do the same. Daymark has adopted a copyright policy providing for infringing material removal. If your work is duplicated constituting copyright or intellectual property infringement, provide written notification (per 17 U.S.C. § 512(c)) to:

Copy to: legal@daymarkhealth.com.

Notification must include:

• Your physical or electronic signature;
• Copyrighted work(s) identification claiming infringement;
• Infringing material identification in the Text Program;
• Sufficient information locating the material;
• Your address, telephone, and email;
• A statement of good faith belief that material use lacks copyright owner authorization;
• A statement that notification information is accurate and, under perjury penalty, that you own the copyright or are authorized to act on its behalf.

Per 17 U.S.C. § 512(f), misrepresenting material facts in written notification automatically subjects the complainant to liability for damages, costs, and attorney fees incurred by Daymark.

18. Contact Us

For questions or concerns about this agreement, contact:

Email: hello@daymarkhealth.com