TERMS & CONDITIONS
4) EXPRESS CONSENT SUMMARY
a) By participating, you consent to receive text messages sent through an automatic telephone dialing system. Consent to these terms is not a condition of purchase. You agree to receive 2 messages per month. Message and Data rates may apply. Text STOP to quit anytime. T-Mobile is not liable for delayed or undelivered messages.
Call Toll-Free: (800) 355-3412
a) You always have the option to text STOP, END, QUIT, CANCEL or UNSUBSCRIBE to 645244 anytime to opt-out of receiving messages.
3) MESSAGE & DATA RATES APPLY
a) Consumers texting to 645244 do not incur charges from us. However, your carrier's message and data rates may apply. You are liable for any mobile phone charges incurred as a result of using our Products. Consult your mobile service carrier's pricing plan to determine the charges for sending and receiving text messages prior to using our Products.
4) MESSAGE FREQUENCY
c) Ongoing Offers & Alerts
i) You may opt-in to get ongoing offers and alerts by texting-in to 645244, a participating retailer's KEYWORD, or texting your LICENSE PLATE NUMBER, or entering your cell phone number on an official Digital Rocket web site or tablet application, or at 645244.com, OILCHG.com, or OILCHANGEREWARDS.com You could receive up to a maximum of (2) messages per month.
b) Accuracy of Information and Use of Information:
i) Digital Rocket may deliver information, data, services and messages ("Information") to you by or through a variety of automatic telephone dialing sources including, but not limited to, Digital Rocket operated websites and mobile SMS applications. Information includes, but is not limited to, information relative to a) automotive and other consumer products and services, b) facilities, agents, brokers, professionals, or representatives (collectively the "Promotion Owners") and their contact information, including, but not limited to, company, address, telephone numbers, email addresses, websites, and c) product and service pricing, features, details, discounts, promotions or other information provided by third parties including, but not limited to, partners, licensees, third-parties or other sources. While we strive to ensure that the Information delivered to you is accurate, there is no representation or warranty as to the accuracy or reliability of Information provided by our Products.
ii) Digital Rocket makes no warranties or representations whatsoever with regard to a participating retailer, Promotion Owner ("PO"), facility, product, service, offer or Information offered by any PO, and you acknowledge that any reliance on representations and warranties provided by any PO shall be AT YOUR OWN RISK.
c) No Recommendation
i) We neither recommend nor endorse any facility, product, service, offer, or PO named in Products or otherwise described in any Information that we may transmit.
d) Changes In Terms and Conditions, and Products and Services
i) We may modify or terminate our products and services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms and Conditions from time to time without notice. Please review these Terms and Conditions from time to time so that you will be apprised of any changes.
e) Participating Carriers
i) Our products work with these U.S. carriers: SPRINT, T-MOBILE, VERIZON, NEXTEL, ALLTEL, US CELLULAR, VIRGIN MOBILE, AT&T, CELLULAR ONE, TIER 2/3 CARRIER GROUP, RURAL CARRIER GROUP, ASSOCIATED CARRIER GROUP, METRO PCS, CRICKET, CINCINNATI BELL, BOOST
ii) T-MOBILE is not liable for delayed or undelivered messages.
iii) Our products work with these Canadian carriers: ALLIANT MOBILITY, BELL MOBILITY, MTS COMMUNICATIONS, NORTHERNTEL MOBILITY, TELEBEC, ROGERS, TELUS, SASKTEL, VIRGIN MOBILE.
f) Promotion Owner Account
i) PO's of our Products receive a password and an account. PO's are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. A PO agrees to notify Digital Rocket of any unauthorized use of PO's account or any other breach of security known or should be known to the PO. PO's right to use the Product is personal to the PO. PO agrees not to resell or make any commercial use of the Product without the express written consent of Digital Rocket Inc.
g) Disclaimer of Warranties
i) We disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in our Products. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from information or material appearing on or sent through our Products.
ii) Our Products, and all materials, information and services Iincluded in the Products are provided "AS IS," with no warranties whatsoever. Digital Rocket and its Licensors expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Digital Rocket and its Licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of our Products. Digital Rocket and its Licensors disclaim, any warranties for any information or advice obtained through our Products. Digital Rocket and its Licensors disclaim any warranties for services or goods received through or advertised by our Products or received through any information provided by our Products, as well as any information or advice received through any information provided in our products.
iii) You understand and agree that you download or otherwise obtain material or data through the use of our Products at your own discretion and risk, and that you will be solely responsible for any damages to your computer system or to your mobile phone, or loss of data that results from the download of such data or material.
iv) Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Your may also have other rights that vary from state to state and jurisdiction to jurisdiction.
h) Limitation of Liability
i) UNDER NO CIRCUMSTANCES shall Digital Rocket or its Licensors be liable to any user on account of that user's use or misuse of or reliance on our Products. Arising from any claim relating to this agreement or the subject matter hereof such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Digital Rocket or its Licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on the Digital Rocket services, from inability to use our Products, or from the interruption, suspension, or termination of our Products (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other products or goods received through or advertised on our Products or received through any information provided in our Products, as well as by any reason of any information or advice received through or advertised on our Products. This limitation shall also apply, without limitation, to the cost of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of our Products or any information or merchandise that appears on, or is linked or related in any way to our Products. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
ii) Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusion may not apply to you.
iii) Without limiting the foregoing, under no circumstances shall Digital Rocket or its Licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
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