Communication Policy

Last updated July 1, 2023

SUMMARY

This Communication Policy for Everlong Inc. (doing business as Everlong) (“Everlong,” “we,” “us,” or “our“), describes how and why we might communicate with you when you use our services (“Services“).

By advancing in Everlong Inc.’s intake flow, you agree that Everlong may contact you via calls, text messages, and emails for patient care coordination and occasional marketing purposes at the phone number and email address entered.

I understand that:

Text messages and emails may be auto-generated.
I may opt out of these communications at any time by using the “Unsubscribe” link on Everlong email campaigns, replying “STOP” to text messages, or contacting Everlong at support@geteverlong.com.
Message and data rates may apply.
My consent to these communications is not a condition of any purchase.
I also acknowledge having read the Message and Reminder Terms & Conditions below.

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INTRODUCTION

Everlong’s message frequency may vary based on consumer engagement but average about 6-8 messages per month for appointment reminders. To discontinue receiving SMS messages from Everlong, text STOP in response to our text messages. Consent to receive marketing messages is not required as a condition of purchasing any goods or services. Everlong may send messages using an automatic dialing system. For help, email Support.

GENERAL

By consenting to Everlong’s messaging policy, you (i) acknowledge and represent to Everlong that you are at least eighteen (18) years old and the owner or authorized user of the mobile number(s) that you provide to the Service; (ii) agree to receive text messages from Everlong, which may be sent via automated means and through third parties, to the mobile phone number(s) you provide; (iii) agree to receive SMS messages from Everlong, which may be sent via automated means and through third parties, to the mobile phone number(s) you provide; (iv) understand that you are not required to provide consent to receive messages via the Service as a condition to purchasing any goods or services; (v) acknowledge and represent that you have read and understand Everlong’s Policies, HIPAA, Consent, & Release Agreement; (vi) agree to the Everlong’s Policies, HIPAA, Consent, & Release Agreement, which is incorporated into this agreement with the same force and effect as though fully set forth herein; and (vii) agree to be bound by these consent forms, including, without limitation, any terms incorporated by reference (collectively, the “Terms of Use”). If you do not agree to this Communication Policy, you must immediately cease using the Service and contact Everlong as provided below.

Everlong may, at any time, revise or modify this Communication Policy. Such changes, revisions, or modifications shall be effective immediately upon notice to you which Everlong may give by any means, including, without limitation, posting on Everlong’s website or by email. Any use of the Service by you after such notice shall constitute your acceptance of all such changes, revisions, and modifications.

TEXT AND SMS MESSAGING SERVICES

When you sign up for the Service, you expressly consent to receive text and SMS messages about Everlong’s products, services, and/or other programs on your cell phone or other mobile device(s) at the number(s) you provide. Everlong may send these messages by automated means. We will send messages only to the phone number you provide to opt into Everlong’s message program. We will provide details on how many messages you should expect to receive through this Communication Policy. In some instances, you may have the opportunity to reply to a message, which may result in additional messages. Your consent to enrollment in the Service is not a condition to any purchase of goods or services. For more information about the Service, you may email Support.

Message and data rates may apply. Everlong does not charge a fee for the Service and assumes no responsibility for charges by your carrier that you may incur when you sign up to receive messages from Everlong. Wireless carriers are not liable for delayed and/or undelivered messages. You may opt out of the Service by texting STOP to the short code.

PRIVACY POLICY

Everlong may collect information about you in connection with the Service, as set forth in Everlong’s Policies, HIPAA, Consent, & Release Agreement. This information may include, but is not limited to, your mobile phone number(s), your carrier’s name(s), the date, time and content of the messages, and other information that you may provide to Everlong in connection with the Service.

INDEMNIFICATION

You agree to indemnify, defend, and hold Everlong and its officers, directors, employees, agents, licensors, and service providers (collectively, the “Indemnified Parties”) harmless from and against all claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your use of the Service.

WARRANTY DISCLAIMER

Everlong PROVIDES THE SERVICE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. EVERLONG DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EVERLONG MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT EVERLONG WILL NOT BE LIABLE FOR ANY DELAYS IN THE RECEIPT OF ANY MESSAGES, AS DELIVERY IS SUBJECT TO THE EFFECTIVE TRANSMISSION FROM YOUR CARRIER AND/OR NETWORK OPERATOR. THE PRECEDING DISCLAIMERS/EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

LIABILITY LIMITATIONS

IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR IN RELATION TO YOUR USE OR INABILITY TO USE THE SERVICE OR ANY MESSAGE CONTENT WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGE CATEGORIES, THE PRECEDING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE INDEMNIFIED PARTIES’ LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

GOVERNING LAW, JURISDICTION, AND VENUE

This Communication Policy, as well as all disputes and claims (including non-contractual disputes and claims) arising out of or related to the Service or the Communication Policy, shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to the Service or the Communication Policy shall be instituted exclusively in the federal or state courts located in New Castle County, Delaware. You agree to waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SEVERABILITY

If an adjudicatory body having competent jurisdiction determines that any provision of this Communication Policy is invalid or unenforceable, then the remainder of the Communication Policy will not be affected.

‍CONTACT US

If you have any questions about Everlong’s Communication Policy, you may contact Everlong at support@geteverlong.com.

ENTIRE AGREEMENT

This Communication Policy constitutes the sole and entire agreement between you and Everlong with respect to the Service and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.