SMS TERMS & CONDITIONS

Welcome to SMRT Club (“The Service”), which is owned and operated by SMRT (“The Company”).

By enrolling in the SMRT Club SMS service on our website, you are agreeing to become a member of the SMRT Club Service and accepting the following Terms of Use. Additionally, you are providing your consent to receive messages on your mobile phone. Please be aware that subscribing implies that you will receive recurring messages.

Changes to Terms of Use:

SMRT reserves the right to modify the Terms of Use, and the most up-to-date version can be found by accessing the SMS Terms and Conditions.

Fees:

Participation in the SMRT Club Service is free of charge. However, standard message and data rates may apply according to your wireless carrier’s policies. We recommend checking with your wireless carrier to understand the text messaging fees that apply. Please note that SMRT will not be responsible for any fees imposed by your wireless carrier for using the SMRT Club service.

Privacy:

At SMRT, we place great importance on safeguarding your privacy. We do not share any collected information. For a comprehensive overview of our Privacy Policy, please refer to Privacy Policy.

Usage Restrictions:

To enroll in and use the SMRT Club service, you must be at least 17 years old. If you are under 17 years of age, please obtain permission from your parents or legal guardians before registering for the SMRT Club service.

Supported Carriers:

Please note that mobile carriers are not responsible for delayed or undelivered messages. Participating carriers include T-Mobile®, Verizon Wireless, AT&T, Sprint, Boost, U.S. Cellular®, MetroPCS, Virgin Mobile, and Cricket.

Assistance, Cancellation, or Unsubscribing:

If you wish to discontinue the SMRT Club service at any time, you can do so by texting STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 29189. Standard message and data rates may apply. Alternatively, you can send an email to [email protected] with your mobile phone number as the subject. For assistance or other support matters, you can also send an email to [email protected], text HELP to 29189 from your mobile phone, or call the toll-free phone number 844-423-0614.

Message Frequency:

Please note that message frequency is based on account activity.

Ownership; Trademarks; Alterations to Offers:

By using the SMRT Club services and any provided offers, you agree that SMRT or its partners will retain all legal rights, titles, and interests, including intellectual property rights. You are prohibited from modifying any offers presented through the SMRT Club service, and you must not remove, obscure, or alter any proprietary rights notices (such as copyright or trademark notices) attached to SMRT Club services or offers. Unless explicitly authorized by a partner, you agree not to use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a manner that could create confusion about Trademark ownership or damage the reputation of such Trademarks.

Termination:

SMRT reserves the right to terminate your subscription at any time without prior notice or future obligations.

Disclaimer of Warranties:

The SMRT Club service is provided “as is” and “as available,” and SMRT makes no warranties, whether express or implied, regarding the service. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Factors beyond SMRT’s control, such as mobile carrier network speed and internet performance, may affect the service’s performance, and SMRT is not responsible for events beyond its control.

Limitation of Liability:

Under no circumstances shall SMRT, its officers, directors, employees, or agents be liable to you for any type of damages resulting from your use of the SMRT Club service. This includes direct, indirect, incidental, consequential, exemplary, or special damages, even if warned of the possibility of such damages. If applicable law prohibits any disclaimer or limitation on damages or liability stated herein in a specific circumstance, SMRT is entitled to the maximum disclaimers and/or limitations on damages and liability permitted by such applicable law in that particular circumstance. However, SMRT’s liability for damages arising under these Terms of Use or your use of the SMRT Club service shall not exceed US $500.

Indemnity:

You agree to indemnify and hold each Company party harmless from any claim or demand, including associated damages, costs, or expenses, including reasonable attorney fees and costs, made by any other party due to or arising from your violation of this agreement or the documents it references, or your violation of any law or the rights of another party.

Governing Law; Venue:

This agreement and its validity, interpretation, and performance shall be governed by the laws of the state of New York, without regard to its choice of law provisions. You unequivocally consent to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.