Users agree to participate in SmartCard by texting a keyword to shortcode 47464 from your mobile phone or wireless. Upon receipt of your text message, IRIO will send to your mobile phone or wireless device the information requested. Your text message response will constitute your agreement to participate in SmartCard and to abide by all of the rules, terms and conditions for this program. BY PARTICIPATING IN THIS PROGRAM, YOU REPRESENT AND WARRANT THAT THE MOBILE PHONE OR WIRELESS DEVICE FROM WHICH YOU INITIATE THE TEXT MESSAGE TO ENTER THIS PROMOTION IS OWNED BY YOU AND IS REGISTERED IN YOUR NAME.
IRIO requires all marketing campaigns to comply with general industry best practice procedures.
IRIO does not guaranty delivery of mobile telephone transmissions. Moreover, IRIO does not guarantee that any customers to whom IRIO directs Marketing Services or text messages (SMS) have telephones, personal digital assistants, or other devices that are capable of receiving, or are activated to receive, Marketing Services and or text messages (SMS). IRIO's Marketing Services are transmitted by telecommunications service providers ("Carriers") over whom IRIO has no control.
IRIO is not liable for any direct or indirect, special, incidental, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR INJURIES TO ANY PERSON, LOST PROFITS, LOST OPPORTUNITY, LOSS OF DATA, OR BUSINESS INTERRUPTION THAT YOU MAY SUFFER ARISING FROM OR RELATING TO: (1) ITS PERFORMANCE OR FAILURE TO PERFORM THE MARKETING SERVICES AND/OR TEXT MESSAGING ALERT SERVICES; (2) THE CONDUCT, PERFORMANCE, OR NON-PERFORMANCE OF ANY THIRD PARTIES WHOSE SERVICES MAY BE NECESSARY; (3) THE CONDUCT OF any of your employees, agents, or representatives who communicate or exchange information with customers; (4) the conduct of any customer or customers who receive, access, respond to, manipulate, or forward the Marketing Services; OR (5) THE disruption, UNAVAILABILITY, delay, limited scope, or interruption of the Marketing Services, INCLUDING INJURY, LOSS, OR DAMAGE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OR COMPARATIVE NEGLIGENCE OF IRIO AND/OR RETAIL COMMUNICATIONS GP, INC. If the above limitation of liability should fail in its essential purpose, THE TOTAL TO YOU FOR ALL DAMAGES SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID IN CHARGES AND FEES UNDER THIS AGREEMENT OR IN USING IRIO'S MARKETING SERVICES, LESS ANY MONIES OUTSTANDING AND DUE TO IRIO FOR PERFORMING ITS MARKETING SERVICES. Indemnification.
SmartCard users agree to indemnify IRIO, Inc. for any and all losses and damages, including the legal expenses, court costs, and attorneys' fees incurred by IRIO, resulting from any claim brought by any non-Party to this Agreement, arising from or relating to IRIO, INC.'S NEGLIGENCE (WHETHER SOLE, JOINT, OR CONTRIBUTORY) AND/OR the Marketing Services or text messaging alert services, including, but not limited to: (a) the delivery, non-delivery, and/or receipt of the Marketing Services and/or text messaging alert services, and any false, misleading, or deceptive information contained in marketing communications; (b) the use of the services by you, your employees, agents, representatives, or any person or entity acting on your behalf; (c) any violation by you or IRIO of any third-party right, including any proprietary or privacy right.