Mobile Terms & Conditions/Privacy Policy - Text-4-Info & SmartCard

USER OPT-IN:

IRIO SmartCard is a standard rated one-off query service focused on providing consumers the ability to text any keyword in our system to our short code, 47464 to receive instant details a particular individual or company. End users will opt-in by texting keyword to the short code 47464. This is a Text-4-Info (Query/Response) program that does not send recurring messages.

USER PRIVACY:

We will not share or use your mobile number for any other purpose.

USER FEES:

We do not charge users fees for this service. Message and data rates may apply.

USER OPT-OUT:

To Opt-Out (discontinue service), text "STOP" to "47464" from your mobile device. You will not receive any additional messages. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive or to short code 47464.

HELP:

To get help, text "HELP" to "47464" or email help@IRIO.com

CARRIERS SUPPORTED:

Alltel, AT&T, Sprint, T-Mobile, Verizon Wireless, Nextel, Virgin Mobile USA, U.S. Cellular, Metro PCS, ACS Wireless, All West Wireless, Bluegrass, Boost USA, Cambridge Telecom, Cellcom, Cellular South, Centennial, Cincinnati Bell, Cricket Communications, Dobson, Cellular One of East Central Illinois, Appalachian Wireless, Farmer's Mutual Telephone Company, General Communications, Golden State Cellular, PC Management, Inland Cellular, Illinois Valley Cellular, Nex-Tech Wireless, Nucla-Naturita, nTelos, Revol, Silver Star PCS (Gold Star), Snake River PCS, South Central, Syringa, Thumb Cellular, UBET Wireless, Unicel, United Wireless, and West Central Wireless.

WARRANTY:

IRIO will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator. T-Mobile is not liable for delayed or undelivered messages.

PRIVACY POLICY:

IRIO respects your privacy. We will only use information you provide to transmit your text message. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH OUR SERVICE TO ANY THIRD PARTY. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

User Agreement:

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.

Limitation of Liability.

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.

Text Messaging Alerts Opt-In Agreement

Subscriber agrees to provide Subscriber's mobile phone number to Content Provider for the purpose of being notified via text message (SMS) of emergency situations that may arise at the apartment complex; this service is powered by IRIO Mobile Marketing (IRIO), a third party. Emergency situations include, but are not limited to, inclement weather, fire, emergency repairs, and dangerous conditions or situations which may arise on or near the community. Subscriber also agrees to receive non-emergency notifications. Subscriber may opt out of non-emergency notifications at any point by replying "STOP" to 47464. Non-emergency notifications include, but are not limited to, rent reminders, community events notifications, leasing promotions and contests. Subscriber agrees Subscriber is solely responsible for any text messaging rates or fees incurred by this service, and that neither Content Provider nor IRIO shall be responsible for any text messaging rates or fees incurred by such notices. MSG&DATA rates apply. Content Provider agrees to not provide or disclose Subscriber's mobile phone number to any third party, besides IRIO, without prior written permission by Subscriber; acceptance of this agreement shall stand as permission to provide necessary contact information to IRIO.

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.

Subscriber agrees that Content Provider and/or IRIO shall not be liable for service failure, delay, message content, or any other aspect of the service, and agrees that IRIO's provision of text message alerts does not impose a duty upon Content Provider and/or IRIO to notify you of one or more emergency situations. Subscriber accepts IRIO's services "AS IS," and acknowledges that Content Provider and/or IRIO has made no representation or warranty of any kind, express or implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. IRIO's Marketing Services may be unavailable, delayed, limited, or interrupted due to causes beyond its reasonable control, including, among other things: electronic or mechanical equipment failure; data storage or transfer limitations; Carrier or third-party problems; telephone or computer interconnect problems; network speed or access; coverage or geographic limitations; hardware, software, or network problems or availability; damage caused by weather, accident, fire, water, natural disaster, war, riot, acts of God, or terrorism; strikes or other labor stoppage; or other cause beyond IRIO's control. In such instances, IRIO may be unable to perform the Marketing Services and/or text messaging alert services.

Limitation of Liability.

IRIO AND RETAIL COMMUNICATIONS GP, INC. ARE 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 (Including SUBSCRIBER), or THEFT or LOSS of PROPERTY FROM ANY ACTIVITY DONE, PERMITTED, OR SUFFERED AT THE APARTMENT COMPLEX, 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.

Subscriber agrees to indemnify IRIO AND RETAIL COMMUNICATIONS GP, 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 AND/OR RETAIL COMMUNICATIONS GP, 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.

By reading this Text Messaging Alert Opt-In Agreement, you certify that you have read, understand, and agree to its terms, and that you are legally competent and have complete authority to enter into the Agreement.