SMS Terms and Conditions

SMS Terms & Conditions

Updated 01/09/2025

Agreement to Receive Text Messages & Description

By providing your mobile number, you agree that Center for Resiliency LLC (“Center for Resiliency”) may send you periodic SMS or MMS messages containing but not limited to important information, updates, and reminders. You may receive updates regarding your appointments, including confirmation of appointment date and time. Additionally, you may be informed about any changes or delays in your appointment, as well as other relevant information pertaining to your sessions with Center for Resiliency.

You may opt out of these communications at any time by texting STOP to 201-661-3375 SMS Consent Communication:

The information and phone numbers obtained as part of the SMS consent process will not be shared with third parties for marketing purposes.

Types of SMS Communications:

If you have consented to receive text messages from Center for Resiliency, you may receive messages related to the following (provide specific examples):

– Appointment reminders

– Follow-up messages

– Billing inquiries

Example: “Hello, this is a friendly reminder of your upcoming appointment with Dr. Smith at 160 Summit Ave, Suite 205, Montvale NJ 07645 on January 1st at 9am. Reply STOP to opt out of SMS messaging at any time.”

Message Frequency

The number of Center for Resiliency text messages that you receive will vary. It may be as frequent as two times a week or more, depending on the number of scheduled sessions. Message frequency may vary depending on the type of communication. For example, you may receive up to three SMS messages per week related to your appointments, billing, etc.

Cost

Please note that standard message and data rates may apply, depending on your carrier’s pricing plan. These fees may vary if the message is sent domestically or internationally. Message and data rates may apply to each text message sent or received in connection with Center for Resiliency text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Center for Resiliency does not impose a separate fee for sending Center for Resiliency text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In

You may opt-in to receive SMS messages from Center for Resiliency in the following ways: – Verbally, during a conversation

– By submitting an online form

– By filling out a paper form

To opt-in directly to receive text messages from Center For Resiliency, please send START to 201-661-3375. Alternatively, patients opt in to SMS messages when the New Patients Forms are submitted or the website contact form is complete.

SMS opt-in consent or phone numbers for SMS purposes will NOT be shared with third parties and affiliates for marketing purposes.

If you do not wish to receive SMS messages, you can choose not to check the SMS consent box on our forms.

Help

If you have any questions please contact Center for Resiliency LLC at 201-661-3375. You can also text ‘HELP’ to 201-661-3375 or visit our https://centerforresiliency.com/sms-privacy-policy/ and https://centerforresiliency.com/sms-terms-and-conditions/ for more detailed information about our messaging practices and policies.

How to Opt-Out

To stop receiving text messages from Center For Resiliency, text STOP to 201-661-3375. No additional text messages associated with Center for Resiliency will be sent to you once you Opt-Out, unless you re-activate your subscription. Alternatively, you can contact us directly to request removal from our messaging list.

Your Mobile Telephone Number

You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Center for Resiliency immediately if you change your

mobile telephone number. You may notify Center for Resiliency of a number change by calling 201-661-3375 or emailing info@centerforresiliency.com

You agree to indemnify Center for Resiliency in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Center for Resiliency if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed

It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier.

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Center for Resiliency’s control, and Center for Resiliency is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Eligibility

To receive Center for Resiliency text messages, you must be a resident of the United States and 18 years of age or older. Center for Resiliency reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions

Center for Resiliency may revise, modify, or amend these Center for Resiliency LLC SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Center for Resiliency’s website (https://centerforresiliency.com/). You agree to review these Center for Resiliency LLC SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Center for Resiliency text messages will indicate your acceptance of those changes.

Termination of Text Messaging

We may suspend or terminate your receipt of Center for Resiliency text messages if we believe you are in breach of these Center for Resiliency LLC SMS Terms and Conditions. Your receipt of Center for Resiliency text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Center for Resiliency reserves the right to modify or discontinue, temporarily or permanently, all or any part of Center for Resiliency text messages, with or without notice.

Privacy

Your privacy is important to us. Please see https://centerforresiliency.com/sms-privacy-policy to review our privacy policy statement.

Arbitration and Class Action Waiver

Please read this carefully. It affects your rights.

Any dispute or claim relating in any way to your receipt or use of Center for Resiliency text messages will be resolved by binding arbitration, rather than court.

Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and Center for Resiliency or Center for Resiliency’s employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or Center for Resiliency may take claims to small claims court if the dispute qualifies for hearing by such court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

This agreement to arbitrate is intended to be broadly interpreted, and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq., or any other statute, regulation, or legal or equitable theory. You and Center for Resiliency hereby agree that the Federal Arbitration Act, 9 U.S.C. 1, et seq. (“FAA”) applies to this agreement to arbitrate, and governs all questions of whether a dispute is subject to arbitration. Unless you and we agree otherwise in writing, arbitration shall be administered by the JAMS International Arbitration Rules in effect at the time of filing of the arbitration (the “JAMS Rules”). However, just as a court would, the arbitrator or arbitrators must honor the terms and limitations in these Center for Resiliency LLC Terms and Conditions, and can award damages and relief (including any attorneys’ fees) authorized by law and/or the JAMS Rules. The arbitration decision and award is final and binding, with some exceptions under the FAA, and judgment on the award may be entered in any court of competent jurisdiction. There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. You agree that, by entering into this agreement, you and Center for Resiliency are each waiving the right to sue in court, including rights to receive a trial by jury and the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding.

This agreement does not allow for class arbitrations even if the procedures or rules of jams would. Rather, you and we are only entitled to pursue arbitration on an individual, bilateral basis. Further, and unless you and Center for Resiliency agree otherwise in writing, the arbitrator(s) may not consolidate more than one individual party’s claims with any other party’s claims, and may not otherwise preside over any form of a representative or collective proceeding.

Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including

injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Center for Resiliency at info@centerforresiliency.com and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Arbitration and Class Action Waiver provision for the Center for Resiliency LLC.

SMS Terms and Conditions, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be emailed no later than 30 days after the date you first accept these Center for Resiliency LLC Terms and Conditions.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.

Applicable Law

Except as otherwise provided herein, your use of this service under this agreement is governed by the laws of the State of New Jersey.

Severability

If any term of these Center for Resiliency LLC Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term. If application of this severability provision should materially and adversely affect the economic substance of the transactions contemplated hereby, the party adversely impacted shall be entitled to compensation for such adverse impact, provided the reason for the invalidity or unenforceability of a term is not due to serious misconduct by the party seeking such compensation.