Data41 Inc. (“Data41” or “We”) offers brand supporters (“Referrer” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason. The Program is administered by Data41.
Referrers are bound by these Terms and Conditions by participating in the Program. By participating in the Program, Referrers agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as a Referrer or to participate in the Program in any other manner. Referrers may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned. We reserve the right to disqualify any Referrers from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise required by Data41).
No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.
A. Program Participation, Generally
B. Eligible Referrer
C. Making a Referral
D. Qualified Referrals
E. Earning Rewards
F. Verified Qualified Referrals
G. Transfer and Value of Credit and Rewards
Referrers may participate in the Program made available by Data41 in order to refer their Friends to Data41 as potential new Data41 customers. To do this, Referrers must necessarily submit personal information about themselves and their Friends, such as name and e-mail address information, so that Data41 can send communications to the Friends on the Referrers’ behalf. The personal information will be collected, processed and used in accordance with Data41’s Privacy Statement, which can be found at https://www.data41.com/privacy-policy . Referrers understand that, in addition to the initial communications to Friends, Data41 may also use the personal information to send to Friends additional follow-up communications on behalf of the Referrers in order to encourage or remind the Friends to complete a purchase. The personal information may also be used by Data41 to contact Referrers with regards to their participation in the Program and to send to Referrers additional communications from Data41.
A. Data41’s services contain Content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Referrer and Data41, all Content is the property of Data41 or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Data41’s services is the exclusive property of Data41 and is protected by copyright, trademark, and other laws.
B. License to You
C. License to You
D. User-Submitted Content
A. By participating in the Program, Referrers agree to:
B. Data41 shall not be liable for:
C. Data41 disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Data41’s control corrupt the administration, security or proper operation of the Program.
D. Data41 shall not be liable to any Referrer for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.
E. Data41 reserves the right to cancel or suspend the Program should Data41 determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties
REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DATA41 EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) DATA41 MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. Limitation of Liability and Indemnification
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Data41 reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
C. Bulk Distribution (“Spam”)
D. Fraudulent and Suspicious Behavior
A. Data41 appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Data41 does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those which we have specifically requested. While Data41 values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Data41 Creative Ideas, Data41:
A. Any and all disputes, claims and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under California law (without reference to its conflicts of laws principles).
B. Referrers and Data41 agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Data41’s services under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Orange County in the state of California. Referrers covenant not to sue or otherwise bring a claim against Data41 in any other forum.
C. Referrers also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Referrers’ use of the Program or this agreement:
A. These terms constitute the entire agreement between Referrers and Data41 concerning Referrers’ use of the Program. The failure of Data41 to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Data41 and Referrers nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.