Terms and Conditions

Thomas Jefferson University Text Messaging Program (txt4fasting) Terms and Conditions

Read these Terms and Conditions (this "Agreement") for important information about our text alert services ("the study text alerts"). THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Thomas Jefferson University Text Messaging Program (txt4fasting) offers access to Supportive messages through recurring SMS (Short Message Service) and MMS (Multimedia Message Service) text alerts. To enroll in these text alerts, patients must provide their mobile phone number with a valid area code within the 50 United States or the District of Columbia. When you choose to receive these study text alerts, you are agreeing to the terms and conditions outlined here, which take effect upon your enrollment.

You acknowledge that text alerts will be sent to the mobile phone number you provide to the Program. Such alerts may include limited personal information about your cancer diagnosis, treatment, and your wellbeing, and whoever has access to your mobile phone or carrier account might also be able to see this information. Once you enroll, the Program will send to you daily messages including reminders about your fasting program times and eating habits. You will have the opportunity to engage with the program by responding via text to report your food intake. Your responses will be monitored and the health coach, as part of the program will discuss with you at a scheduled time.

The Program does not levy an additional fee for text alerts. Nevertheless, it's important to note that your mobile carrier may apply message and data rates based on the terms and conditions outlined in your mobile phone contract. You bear full responsibility for any message and data charges that you may incur. For inquiries regarding such charges, please get in touch with your mobile service provider. Our service is compatible with a range of carriers, including AT&T, Sprint, Boost, Verizon Wireless, U.S. Cellular®, T-Mobile®, Cincinnati Bell, Alltel, Virgin Mobile USA, Cellular South, Unicel, Centennial, and nTelos.

You may opt out of the Program, text alerts at any time. To stop receiving text alerts, text STOP to the study-TXT: 1-855-619-6843. No additional text alerts will be sent unless you re-activate your enrollment. For questions about text alerts, text H to the study-TXT: 1-855-619-6843.

The Program is offered on an "as is" basis and: (1) may not be available in all areas at all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. The Program may change or discontinue any of its text alert programs without notice or liability to you. The Program and related employees are not responsible and shall not be liable for any losses or injuries of any kind resulting, directly or indirectly, from any text alert program or from technical failures or delays of any kind. The Program reserves the right to cease delivery of text alerts to any person at any time in its sole discretion.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU, ON THE ONE HAND, AND the Program OR ITS SUPPLIERS OR VENDORS, ON THE OTHER HAND, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT AETNA AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at the Consumer Arbitration Rules PDF), as amended by this Agreement. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Program will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief, or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

With the exception of any of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions, if a court decides that any part of this Dispute Resolution provision is invalid or unenforceable, the other parts of this Dispute Resolution provision shall still apply. If a court decides that any aspect of the language above in this Dispute Resolution provision relating to the waiver of class and representative actions is invalid or unenforceable, then the entirety of this Dispute Resolution provision shall be null and void. The remainder of the Agreement will continue to apply and be unaffected by this severability provision.