Lane Bryant Brands Opco LLC (“we” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the web site located at https://www.lanebryant.com (the “Site”). The Program is administered on our behalf by Extole, Inc. as our service provider. We reserve the right to terminate the Program at any time for any reason.
1. Binding Agreement. By participating in the Program, you are bound by these Terms and Conditions (“Terms”). All of the Company's decisions are final and binding.
2. ARBITRATION NOTICE: Note that these Terms contain an arbitration provision, which applies to your participation in the Program. Except for certain types of disputes described in the ARBITRATION section below, you and Company agree that disputes between you and Company related to this Program will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
3. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy at https://www.lanebryant.com/help/privacy-policy. If you choose to send invites via the email system on the Site, the email addresses and other information you provide to us about other people (if any) will be used to send invitation emails on your behalf. Company or its service provider may also contact those users about their participation in the Program. You also explicitly consent to Company and its service provider sending additional and follow up communications on your behalf to encourage or remind those you have invited to complete a purchase.
4. Eligibility. You must be a legal resident of the United States of America and at least 18 years old to participate in the Program. Employees of the Company or its parent or its or their subsidiaries, affiliates or promotional agencies, and members of their immediate families and households, are not eligible to participate. You agree not to send any invitation to anyone unless they are at least 18 years old. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
5. How to Participate as a Referrer. To participate in the Program, visit the Site and follow the on-screen instructions to refer friends, family members or colleagues (“Friends”). The on-screen instructions will provide information regarding the specific discount that will be offered to your Friends and the specific incentive you will receive for Qualifying Purchases (the “Offer”). By providing an email address, you represent that you know the Friend to whom you are sending the invitation email and that, to the extent any consent is necessary, you have consent to send the invitation email. You may refer as many people as you like, but only a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of the Program. Once an individual provides his or her email address in order to make a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him/her to receive the benefit or incentive advertised in the Offer. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms. Note that anyone who previously opted out of receiving marketing messages from us will not receive a Program email initiated via the Site. There is a limit of one (1) unique referral link per person. In other words, you may not submit multiple e-mail addresses to set up multiple accounts in an attempt to earn incentives.
6. You Must Disclose Your Relationship With Company. Every time you post or send your link, you must tell people that you earn a discount or other incentive if they use your link to make a purchase. Telling people that you earn discounts or other incentives is a legal requirement. Failure to comply may result in losing your discount or other incentives and may be a violation of laws enforced by the Federal Trade Commission. You can use the default language provided to share your link, but at least use: "I get an incentive if you make a purchase using my link.”
7. Qualifying Purchase. A “Qualifying Purchase” is a purchase made at the Site from the link and using the offer in the referring communication. In addition, to count as a Qualifying Purchase:
a) The Friend must complete the purchase using the Referrer’s Personal Link. If a Friend purchases using any other link or method, the registration will not count as a Qualifying Purchase and the Referrer will not earn any credit or incentive from that purchase. If a Friend returns or cancels purchase, that purchase will no longer count as a Qualifying Purchase;
b) The Friend was not previously registered with the Program; and
c) Only one Qualifying Purchase can be earned for each Friend. Any additional or subsequent purchases made by a Friend will not be Qualifying Purchase.
8. You Are Responsible For Your Communications. You May Not Use Company Trademarks Without Company’s Permission. You are limited in the way you may talk/write about the Program. You understand that for any communications you send you are sending them on your own behalf. You are not acting as an agent of Company nor will you be deemed an employee of Company. As such, while you can and should include your personal link in communications about the Program, you must not, without Company’s written permission, include any Company trademarks or other Company materials in your communications about this Program and you must not use any domain names or e-mail addresses that include Company, its marks or its web site URLs. The content of all of your communications about this Program must be yours alone. Do not misrepresent or embellish your relationship with Company or write, say or post anything you know is untrue or may be misleading. Do not make performance, price or other claims about Company services. And, if someone has asked you to stop sending them messages about Company, respect that wish.
9. Incentives. Your referred friend will receive a discount on their first purchase at the Site and, if such purchase is a Qualifying Purchase, you will receive the incentive described in the Offer. Incentives are credited to you approximately 10 days after your Friend makes a Qualifying Purchase. If your Friend returns their purchase, you will not receive any incentive. You can redeem a maximum of 60 incentives per calendar year, up to 5 per month (no matter how many invitation emails are sent to Friends). Company reserves the right to substitute an incentive of equal or greater value at any time in its sole discretion. Restrictions and additional terms may apply. For example, if the incentive is in the form of a gift card, gift certificate, voucher, coupon, loyalty point award, or loyalty reward, it may be subject to the issuer’s or loyalty program provider’s terms and conditions, potentially including expiration dates. Incentives are subject to verification. The Company may delay an incentive for the purposes of investigation. No incentive will be issued upon death, termination of Program or if you are expelled from Program. Incentives will be sent by email to the email address provided upon registration for the Program. Company is not responsible for incentives that are not delivered or received. You are responsible for ensuring that you have provided an accurate email address. Unless otherwise stated, incentives have no monetary value and may not be redeemed for cash. They are not transferable and may not be copied, auctioned, traded, bartered or sold. Any other use constitutes fraud. Cannot be combined with other offers. Void where prohibited by law.
10. Incentives are subject to verification. Company may delay an incentive for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Company's decisions are final and binding, including decisions as to whether a Qualifying Purchase is verified or an incentive is earned pursuant to these Terms.
11. No Side Promotion. Stick With The Referrals. You must not conduct your own promotion in connection with the Program or referrals. Any communications you make available about the Program must be limited to referring people to the Program. You agree that you will not participate in this Program in a threatening, abusive, illegal or unsportsmanlike manner.
12. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as Friends. No user may use the Program in a manner that violates any law or platform terms or rules, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW), TO THE FULLEST EXTENT PERMITTED BY LAW, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties will not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties will not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
14. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISTTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS 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 NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, 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.
15. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION CHOICE OF LAW a. Any legal dispute between you and Company concerning or arising out of these Terms and/or your use of the Program, will be resolved through binding individual arbitration. However, either you or Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
b. How Arbitration Works. Disputes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and Company agree otherwise, any arbitration hearing will take place in the county of your residence. If you live outside the United States, any arbitration will take place in New York, New York. We encourage you to call in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
c. Waiver of Right to Bring Class Action and Representative Claims. All arbitrations will proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer. You and Company also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
d. Arbitration Costs. Company will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
e. Other Terms & Information. This Arbitration Agreement will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New York will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. You and Company agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Company within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Company agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
16. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.
17. Sign-In Credentials. Users are responsible for providing accurate credentials and maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
18. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Terms or the website Terms of Use, or we believe a user has engaged in fraud or the violation of law or regulation.
1. Binding Agreement. By participating in the Program, you are bound by these Terms and Conditions (“Terms”). All of the Company's decisions are final and binding.
2. ARBITRATION NOTICE: Note that these Terms contain an arbitration provision, which applies to your participation in the Program. Except for certain types of disputes described in the ARBITRATION section below, you and Company agree that disputes between you and Company related to this Program will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.
3. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy at https://www.lanebryant.com/help/privacy-policy. If you choose to send invites via the email system on the Site, the email addresses and other information you provide to us about other people (if any) will be used to send invitation emails on your behalf. Company or its service provider may also contact those users about their participation in the Program. You also explicitly consent to Company and its service provider sending additional and follow up communications on your behalf to encourage or remind those you have invited to complete a purchase.
4. Eligibility. You must be a legal resident of the United States of America and at least 18 years old to participate in the Program. Employees of the Company or its parent or its or their subsidiaries, affiliates or promotional agencies, and members of their immediate families and households, are not eligible to participate. You agree not to send any invitation to anyone unless they are at least 18 years old. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
5. How to Participate as a Referrer. To participate in the Program, visit the Site and follow the on-screen instructions to refer friends, family members or colleagues (“Friends”). The on-screen instructions will provide information regarding the specific discount that will be offered to your Friends and the specific incentive you will receive for Qualifying Purchases (the “Offer”). By providing an email address, you represent that you know the Friend to whom you are sending the invitation email and that, to the extent any consent is necessary, you have consent to send the invitation email. You may refer as many people as you like, but only a maximum of 25 friends, family members or colleagues during each session and a maximum of 500 times throughout the entirety of the Program. Once an individual provides his or her email address in order to make a referral, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him/her to receive the benefit or incentive advertised in the Offer. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms. Note that anyone who previously opted out of receiving marketing messages from us will not receive a Program email initiated via the Site. There is a limit of one (1) unique referral link per person. In other words, you may not submit multiple e-mail addresses to set up multiple accounts in an attempt to earn incentives.
6. You Must Disclose Your Relationship With Company. Every time you post or send your link, you must tell people that you earn a discount or other incentive if they use your link to make a purchase. Telling people that you earn discounts or other incentives is a legal requirement. Failure to comply may result in losing your discount or other incentives and may be a violation of laws enforced by the Federal Trade Commission. You can use the default language provided to share your link, but at least use: "I get an incentive if you make a purchase using my link.”
7. Qualifying Purchase. A “Qualifying Purchase” is a purchase made at the Site from the link and using the offer in the referring communication. In addition, to count as a Qualifying Purchase:
a) The Friend must complete the purchase using the Referrer’s Personal Link. If a Friend purchases using any other link or method, the registration will not count as a Qualifying Purchase and the Referrer will not earn any credit or incentive from that purchase. If a Friend returns or cancels purchase, that purchase will no longer count as a Qualifying Purchase;
b) The Friend was not previously registered with the Program; and
c) Only one Qualifying Purchase can be earned for each Friend. Any additional or subsequent purchases made by a Friend will not be Qualifying Purchase.
8. You Are Responsible For Your Communications. You May Not Use Company Trademarks Without Company’s Permission. You are limited in the way you may talk/write about the Program. You understand that for any communications you send you are sending them on your own behalf. You are not acting as an agent of Company nor will you be deemed an employee of Company. As such, while you can and should include your personal link in communications about the Program, you must not, without Company’s written permission, include any Company trademarks or other Company materials in your communications about this Program and you must not use any domain names or e-mail addresses that include Company, its marks or its web site URLs. The content of all of your communications about this Program must be yours alone. Do not misrepresent or embellish your relationship with Company or write, say or post anything you know is untrue or may be misleading. Do not make performance, price or other claims about Company services. And, if someone has asked you to stop sending them messages about Company, respect that wish.
9. Incentives. Your referred friend will receive a discount on their first purchase at the Site and, if such purchase is a Qualifying Purchase, you will receive the incentive described in the Offer. Incentives are credited to you approximately 10 days after your Friend makes a Qualifying Purchase. If your Friend returns their purchase, you will not receive any incentive. You can redeem a maximum of 60 incentives per calendar year, up to 5 per month (no matter how many invitation emails are sent to Friends). Company reserves the right to substitute an incentive of equal or greater value at any time in its sole discretion. Restrictions and additional terms may apply. For example, if the incentive is in the form of a gift card, gift certificate, voucher, coupon, loyalty point award, or loyalty reward, it may be subject to the issuer’s or loyalty program provider’s terms and conditions, potentially including expiration dates. Incentives are subject to verification. The Company may delay an incentive for the purposes of investigation. No incentive will be issued upon death, termination of Program or if you are expelled from Program. Incentives will be sent by email to the email address provided upon registration for the Program. Company is not responsible for incentives that are not delivered or received. You are responsible for ensuring that you have provided an accurate email address. Unless otherwise stated, incentives have no monetary value and may not be redeemed for cash. They are not transferable and may not be copied, auctioned, traded, bartered or sold. Any other use constitutes fraud. Cannot be combined with other offers. Void where prohibited by law.
10. Incentives are subject to verification. Company may delay an incentive for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Company's decisions are final and binding, including decisions as to whether a Qualifying Purchase is verified or an incentive is earned pursuant to these Terms.
11. No Side Promotion. Stick With The Referrals. You must not conduct your own promotion in connection with the Program or referrals. Any communications you make available about the Program must be limited to referring people to the Program. You agree that you will not participate in this Program in a threatening, abusive, illegal or unsportsmanlike manner.
12. Restrictions. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as Friends. No user may use the Program in a manner that violates any law or platform terms or rules, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
13. Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW), TO THE FULLEST EXTENT PERMITTED BY LAW, WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, Inc., as the provider of the referral service, and their respective parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)) and/or the awarding, receipt and/or use or misuse of any benefit in the Program. To be clear, the Released Parties will not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties will not be liable to any users for failure to supply any advertised benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.
14. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISTTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS 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 NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, 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.
15. ARBITRATION/CLASS-ACTION WAIVER/DISPUTE RESOLUTION CHOICE OF LAW a. Any legal dispute between you and Company concerning or arising out of these Terms and/or your use of the Program, will be resolved through binding individual arbitration. However, either you or Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
b. How Arbitration Works. Disputes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ("JAMS") or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a "Demand for Arbitration", then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. Unless you and Company agree otherwise, any arbitration hearing will take place in the county of your residence. If you live outside the United States, any arbitration will take place in New York, New York. We encourage you to call in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
c. Waiver of Right to Bring Class Action and Representative Claims. All arbitrations will proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and will not affect any other customer. You and Company also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
d. Arbitration Costs. Company will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
e. Other Terms & Information. This Arbitration Agreement will be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of New York will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. You and Company agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Company within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and Company agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.
16. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting any email address as part of the Program, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.
17. Sign-In Credentials. Users are responsible for providing accurate credentials and maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
18. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Terms or the website Terms of Use, or we believe a user has engaged in fraud or the violation of law or regulation.