TRO Text Alerts ACKNOWLEDGMENT TRO “Text Alerts” ACKNOWLEDGMENT AND DISCLAIMER OF WARRANTIES AND LIABILITY Definitions As used in these Terms and Conditions: “TRO Energy Solutions Inc” and “TRO” shall mean TRO Energy Solutions, Inc. and all other operating agencies, their agents, representatives and respective employees. “TRO Energy Solutions Third Party Service Provider” shall mean any company or entity that contracts with TRO or any other agency of the Commonwealth of Virginia to provide services in relation to the operation of TRO Energy Solutions’ program, including, but not limited to customer service and back office functions, information technology or back office system hosting or maintenance, any other function related to Text Alerts, along with said company’s (or companies’)its subsidiaries, related companies, licensors, and their current or former officers, directors, agents, assigns, employees, representatives, successors, and any other persons or entities acting on behalf of TRO Energy Solutions Third Party Service Provider. Acknowledgment By opting-in to receive Text/Mobile Alerts (“Text Alerts”) on your TRO Energy Solutions account, you:(i) acknowledge and represent to the TRO and TRO Energy Solutions Third Party Service Provider that you are the authorized user of the mobile phone(s) that you link to the Text Alert messaging service or have been granted permission by the authorized user of the mobile phone(s) to enroll such mobile phone(s) in the service;(ii) grant the Commonwealth of Virginia TRO and TRO Energy Solutions Third Party Service Provider express permission to send text messages to that (those) mobile phone(s) through your wireless phone carrier unless and until such permission is revoked in accordance with these Terms and Conditions;(iii) by granting such permission to the Commonwealth, TRO and TRO Energy Solutions Third Party Service Provider you are hereby requesting to receive such messages in spite of the fact that your number may otherwise be on the federal, or a state’s, do not call list and you agree, to the maximum extent permitted by law, that such text messages shall not be in violation of such do not call list(s);(iv) acknowledge that standard text messaging rates apply and that neither TRO nor the TRO Energy Solutions Third Party Service Provider shall be responsible for any fees that may accrue as a result of such text messages being sent to that (those) mobile phone(s);(v) acknowledge that you are responsible for being aware of, and obeying all of State laws and regulations, as well as all local laws, regulations and ordinances, relating to the Governments' prohibition of texting while driving including, but not limited to, local code provided, in its entirety: If at any time you do not agree with these Terms and Conditions, or any future modifications to these Terms and Conditions, your sole and exclusive remedy is to affirmatively opt-out of the Text Alerts messaging system;(vii) agree that your use of the Text Alert messaging system may only be used for lawful purposes and may not be used for any illegal activities, including, but not limited to: spamming, solicitation or unauthorized advertising, launch of denial of service attacks or viruses, fraud or harassment, intellectual property infringement, texting while driving, or any other activity that subjects the TRO or TRO Energy Solutions Third Party Service Provider to liability, damages or danger.(viii) agree that once delivered to your device, Text Alerts are under your control and are your responsibility. By using the text messaging service you hereby release TRO and TRO Energy Solutions Third Party Service Provider from any liability arising from or related to access to these messages once they have been delivered. No Warranties The Text Alert messaging service is provided on an “as is” and “as available” basis. The TRO and TRO Energy Solutions Third Party Service Provider make no representations or warranties of any kind, expressed, implied or statutory, arising out of Text Alerts. THE TRO AND TRO Energy Solutions Third Party Service Provider HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE TEXT ALERT MESSAGING SYSTEM. Disclaimer of Liability The TRO and TRO Energy Solutions Third Party Service Provider shall have no obligation or liability to you with respect to use of or the performance of Text Alerts. The TRO and TRO Energy Solutions Third Party Service Provider do not assume any legal liability or responsibility for the consequences resulting from action taken by you in response to receiving a Text Alert. By using the Text Alert messaging service, you hereby release and discharge the TRO and TRO Energy Solutions Third Party Service Provider from any liability arising from or related to access to Text Alert messages once they have been delivered. You further agree to release, discharge, indemnify and hold the TRO and TRO Energy Solutions Third Party Service Provider harmless from and against any and all rights, claims, lawsuits, actions, disputes, causes of action, damages (including, but not limited to, compensatory damages, punitive damages, attorneys’ fees and litigation costs), losses, costs, expenses, injuries or liabilities relating to, arising from, or as a result of the use of, or the performance of, Text Alerts or the Text Alert messaging system, or as a result of inaccurate Text Alert user account information, even if the TRO or TRO Energy Solutions Third Party Service Provider were expressly advised about, or should have known of, the possibility of such damages. Your use of the Text Alert messaging system is at your sole risk. By entering your phone number, you are expressing consent to be contacted by TRO Energy Solutions via SMS. Messaging and data rates may apply. Text STOP to opt-out. Messaging frequency varies.