SMS Legal Conditions and Terms of Use

Central States, Southeast and Southwest Areas, Health and Welfare Fund, its affiliates, subsidiaries, employees, and agents (collectively the “Fund” or “us” or “we” or “our”) offer a texting program. By electing to participate in the Fund’s texting program, 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 program.

The Fund’s SMS program has 2 categories you can opt-in to receive text messages: TeamCare updates and two-factor authentication. Two-factor authentication is a security method that utilizes a combination of personal information along with a secured account to confirm your identity. The number of text messages you receive, and how often you receive them, as well as how to opt-out (stop receiving texts) and get help, will vary by campaign type but will not exceed 5 messages per week not counting texts for two-factor authentication. Campaign types include:

  1. Benefit Status – preventative care eligibility, predetermination status, appeal status, , EOB notifications, and short-term disability claim status
  2. Eligibility & Enrollment Information – gaps in eligibility notification, requests for required documents and information, address information, open enrollment, new hire notifications, and new group notifications
  3. Informational Announcements – wellness campaigns, health fair events, weather/natural disasters, benefit changes/updates, emergency room utilization, and important mailings
  4. Two-Factor Authentication* – verification codes
  5. Website Functionality – mobile app promotion, web account creation, and message center notifications

*Consent to the use of two-factor authentication is managed universally across both MyTeamCare.org and MyCentralStatesPensionFund.org. If you choose to opt-in to two-factor authentication, depending on how many times you log in to the website you may exceed the 5 texts per week threshold.

The Fund may use an automatic dialing system to send recurring text messages to your cell phone number. By electing to participate in the Fund’s texting programs:

  • You consent to the Fund’s use of an automatic dialing system to send recurring text messages to the cell phone number you gave to us when you signed up; and
  • You acknowledge that the text messages are not secure and may contain your Protected Health Information.

Please note that to participate in the Fund’s texting programs:

  • You must be at least 18 years old and own or control the cell phone number you gave to us. If you are under 18 years of age, you may not participate in the Fund’s texting program and if you have elected to participate you should immediately opt-out.

By electing to participate in the Fund’s texting program, you agree:

  • To give the Fund accurate and complete information, including your cell phone number.  To notify the Fund right away if your cell phone number changes.
  • The Fund is not liable for any communication or transmission of information sent via text message to your old phone number if you do not notify the Fund of your new cell phone number.

By electing to participate in the Fund’s texting programs, you acknowledge and agree that the texting program are provided on an “as is, as available” basis. 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 program 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 circumstance 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 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 wireless carriers 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.

The Fund does not charge for its texting programs, but your mobile service provider may charge messaging and data rates. The Fund may also send messages with multimedia content (pictures, videos, GIFs, etc.) (“MMS alerts”). Content and MMS alerts may not be available through all carriers.

The Fund reserves the right to revise and update these SMS Terms and Conditions at any time and for any reason, with or without notice or obligation. Your use of the texting programs after we post any changes constitutes your agreement to those changes and your agreement to be bound by any such revisions. You agree to periodically review these SMS Terms and Conditions to ensure you are familiar with the most recent version. You agree that you do not have any rights in the texting program and that the Fund will have no liability to you if the Fund, in its sole discretion, suspends, restricts, or discontinues the texting program or your ability to access the texting program, with or without notice.

These SMS Terms and Conditions and your use of the Fund’s texting programs are governed exclusively by federal law and 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 SMS Terms and Conditions and the texting program will be subject to the federal and state courts located in Cook County, Illinois.

If you have questions about our SMS program, please contact us through the Message Center.