SMS Terms & Conditions

1. Agreement to these Terms

These SMS Terms & Conditions (“Terms”) govern your use of the SMS messaging service provided by Empowered Services, Inc. (“Empowered Services,” “we,” “us,” or “our”), an Oregon-based agency serving individuals with intellectual and developmental disabilities (IDD). By opting in to receive SMS messages, you agree to these Terms, our Privacy Policy, and our SMS Privacy Policy.

2. Opt-in consent

Consistent with the Telephone Consumer Protection Act (TCPA), FCC rules, and CTIA Messaging Principles, we obtain prior express written consent before sending any non-emergency message. You may opt in through:

• A web form with an explicitly labeled checkbox;
• A paper form during service intake;
• A signed authorization for a specific program (for example, an Empowered Choice Program enrollment).

Your consent is specific to Empowered Services and does not authorize third-party communication. Consent is not a condition of receiving care, services, employment, or any other benefit.

3. Types of messages

Messages may include:

• Appointment reminders;
• Service delivery updates;
• Safety or care-related notifications;
• Policy and schedule changes;
• Urgent operational alerts (severe weather, staffing changes that affect your service that day).

You will not receive promotional or unrelated content through this service. The SMS service is not a 911-equivalent emergency response channel; see the warning at the top of this page.

4. Message frequency

You may receive up to five (5) messages per day, depending on your service interactions. Frequency may temporarily increase for urgent care or safety issues, severe weather, staffing changes, or required regulatory communications.

5. Message and data rates

Standard message and data rates may apply. Charges are based on your mobile plan and carrier agreement. Empowered Services is not responsible for these charges. Mobile carriers can also block, filter, or delay messages — Empowered Services is not responsible for non-delivery caused by carrier filtering or network conditions.

6. Opt-out, HELP, and STOP

7. Help & support

8. Your responsibilities

You agree to:

• Provide a valid mobile number that belongs to you (or for which you have authority to provide consent);
• Notify us promptly if your mobile number changes or is reassigned;
• Not misuse, abuse, or attempt to disrupt the SMS system, including spam, false opt-ins, or impersonation;
• Comply with applicable law when interacting with the service.

9. Privacy & security

Empowered Services protects information within our systems consistent with HIPAA (45 CFR Parts 160 and 164), Oregon’s Policy for Protected Health Information (ORS 192.553–192.581), and OAR 411-323-0060. Our SMS gateway operates under a Business Associate Agreement that meets 45 CFR 164.504(e). For details, see our SMS Privacy Policy.

10. Accessibility & language access

If text messaging is not accessible to you, we will provide an equivalent voice-call, mail, or Oregon Relay (711) channel at no cost. Free qualified interpreters and translated materials are available — call (503) 855-3581 or email info@empowered-services.org. We will not use minor children as interpreters and will not require you to bring your own interpreter.

11. Disclaimer & limitation of liability

SMS delivery depends on your mobile network and on third-party carriers. Empowered Services is not liable for delays, failures, or non-delivery caused by mobile carriers, network conditions, or device issues. SMS may not be available in all areas or with all carriers.

To the maximum extent permitted by law, Empowered Services’ aggregate liability arising out of or related to the SMS service is limited to direct damages and shall not exceed one hundred U.S. dollars (US$100). The foregoing limitation does not apply to (a) gross negligence or willful misconduct; (b) violations of the TCPA or HIPAA where applicable law prohibits limitation; or (c) any liability that may not lawfully be limited.

12. Governing law & venue

These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-laws principles. The parties agree to attempt informal resolution before litigation. Exclusive venue for any unresolved dispute is the state or federal courts located in Washington County, Oregon. Nothing in this section limits a consumer’s rights under applicable mandatory law.

13. Grievance & complaints

If you believe your rights under these Terms or under federal/state privacy or civil-rights law have been violated, you may file a complaint:

• With Empowered Services — call (503) 855-3581 or email info@empowered-services.org;
• With the U.S. Department of Health and Human Services, Office for Civil Rights — hhs.gov/ocr/complaints;
• With Oregon Department of Human Services / ODDS — Customer Service Line 1-800-282-8096;
• With the Federal Communications Commission — consumercomplaints.fcc.gov.

We do not retaliate for filing a complaint or exercising any right under these Terms.

14. Changes to these Terms

We may revise these Terms. Material changes will be posted on this page with a new effective date and, if appropriate, communicated by SMS. Continued use of the SMS service after a material change indicates your agreement.

15. Contact information