Terms of Service

Last Modified: December 4th, 2018

Welcome to the Huddl (the “Company”, “we”, “us” or “our”) website (“Site”).

These Referral and Social Program Rules (“Rules”) are important and affect your legal rights, so please read it carefully. Note that Section 9 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

These Terms of Service (“Terms” or “Agreement”) are important and affect your legal rights, so please read it carefully. Note that Section 10 of this Agreement contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using the Site or App (“Services”) or participating in the Referral & Social Program (“Program”), you expressly agree to be bound by this Agreement and all of the terms incorporated herein by reference, in addition to our Privacy Policy, found at www.ihuddl.com/privacy. If you do not agree to this Agreement in its entirety, you may not participate in the Program, or access or use the Services.

THIS AGREEMENT GOVERNS YOUR ACCESS AND USE OF THE SERVICES AND PROGRAM. THE PROGRAM SHALL BE ADMINISTERED AND INTERPRETED BY HUDDL, WHICH SHALL HAVE SOLE AUTHORITY TO MAKE RULES AND REGULATIONS FOR THE ADMINISTRATION OF THE PROGRAM, INCLUDING TERMINATION OF THE PROGRAM.

WE RESERVE THE RIGHT TO MODIFY OR AMEND AT ANY TIME FOR ANY REASON THESE TERMS AND THE METHODS THROUGH WHICH AWARDS ARE EARNED AND CREDITED. ANY SUCH MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON EITHER POSTING OF THE MODIFIED TERMS OR NOTIFYING YOU BY OTHER MEANS.

WE RESERVE THE RIGHT TO DISQUALIFY ANY USER (DEFINED BELOW) AT ANY TIME FROM PARTICIPATION IN THE PROGRAM IF HE/SHE DOES NOT COMPLY WITH ANY OF THESE TERMS.

iHuddl, Inc. (“Huddl”, “We”, “Us”, or “Company”) may, from time to time, offer users of our Service the opportunity to participate in Programs such as; refer friends to try the Service, share information about the Company, or follow us on our digital social channels (“Referral & Social Program” or “Program”).

Users (defined below) are bound by these Terms by participating in the Program. By participating in the Program, Users agree to use the Program in the manner specified in these Terms. If you do not agree to these Terms in their entirety you are not authorized to register as a Referrer or Referree (defined below) or participate in the Program in any manner. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

Tax Disclaimer: Token award(s) will be credited or deposited as a giveaway, bonus or prize to your Huddl account on the Platform. Huddl may be required to issue an Internal Revenue Service Form 1099 (or other appropriate form) to you reflecting the value of any awards that may exceed certain thresholds. Please consult your tax advisor for more information regarding the proper tax treatment. Huddl does not provide tax, accounting, regulatory or legal advice and are not responsible for any adverse tax consequences (including taxes, penalties and interest) related to the award.

  • 1. Who May Participate

  • This Program, and our Services, are not intended for use by anyone under the age of 13. If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Services or participate in this Program if your parent or guardian agrees to these Terms on your behalf. By using the Site, you represent and warrant that you (a) are 13 years of age or older and meet the age of majority within your jurisdiction, and if required, your parent or guardian has agreed to these Terms on your behalf, (b) have not been previously suspended or removed from the Site, or engaged in any activity that could result in suspension or removal from the Site, (c) have full power and authority to enter into this Agreement and in so doing will not violate any other agreement to which you are a party, and (d) You are NOT prohibited from receiving our products, services, or software under applicable laws.
  • 2. Privacy

  • Individuals (“Users”) may participate in the Program to recommend services or content made available by Company to their friends, family or colleagues. When doing this, Users will be required to submit personal information about themselves and their friends, family members or colleagues, such as name and e-mail address information, so that the Company can send these recommendations on their behalf. The personal information will be collected, processed and used in accordance with Company’s Privacy Policy, which can be found at: https://ihuddl.com/privacy.
  • In addition, personal information may be used by Company to contact Users with regards to their participation in the Program. Where a User provides personal information about its friends, family members or colleagues to receive communications via the Program, the provided personal information will be used by the Company for sending these communications on behalf of the User and User understands that Company may send out additional follow-up communications on behalf of the User to encourage or remind their friends, family members or colleagues to complete the purchase or registration process.
  • 3. How the Program Works

  • General Program Participation
  • To participate, visit https://ihuddl.com and follow the on-screen instructions to refer friends, family members or colleagues to the Service.
  • Users who refer their friends, family members or colleagues are called “Referrers.” Individuals who have been referred by Referrers and receive a referral are called “Referred Customers” or “Referree”. An “eligible” Referrer or Referree who is fully compliant with these Terms may receive “Award(s)” for every “Valid Referral”.
  • Depending on the termination date of the Program, awards will be processed and deposited directly to your Huddl Platform Account within a reasonable time period after the qualifying purchase period. Please note that the qualifying purchase period may take up to 30 days post release of the Huddl App– and you will be getting the award directly in your Huddl Account after we have deemed the purchase as qualified (“Valid Referral”). You are responsible for all federal, state, and local taxes and any other costs of accepting and using the Reward.
  • Eligible Referrer

  • To be “eligible,” a Referrer must:
  • 1) Be a legal resident of a Permitted Region. Permitted Regions include all states, countries, and territories NOT included on the list of Restricted Regions, which include Crimea, Cuba, Iran, North Korea, Sudan, and Syria;
  • 2) Be an individual 13 years or older AND meet the age of majority within your jurisdiction, and if required, your parent or guardian has agreed to these Terms on your behalf; and
  • 3) Not be a corporation or other entity, or consist of a group of individuals.
  • Eligible Referree

  • To be “eligible,” a Referree must:
  • 1) Be a legal resident of a Permitted Region. Permitted Regions include all states, countries, and territories NOT included on the list of Restricted Regions, which include Crimea, Cuba, Iran, North Korea, Sudan, and Syria;
  • 2) Be an individual 13 years or older and meet the age of majority within your jurisdiction, and if required, your parent or guardian has agreed to these Terms on your behalf; and
  • 3) Not be a corporation or other entity, or consist of a group of individuals.
  • 4) Not be the same individual (“Referrer”) who sent or initiated their referral.
  • Employees of the Company, its Service Provider or any of its or their subsidiaries, affiliates, resellers, or promotional agencies, including immediate family and household members, are not eligible.
  • Making a Referral

  • No purchase is required in order to participate in the Program. Once a User refers a friend, family member or colleague, he/she becomes a Referrer and will be provided with a unique referral link (“Share Link”) that allows the Referrer to receive credit for Valid Referrals. Each Referrer will also be provided with a unique and personal Company “Leaderboard” page or account to view the status of his/her Valid Referrals and manage his/her account.
  • Referrers must respect the actual intention of the Program by only referring real individuals who meet the requirements of these Terms. Referrers cannot refer themselves. For example, a Referrer may not create multiple or fake accounts with Huddl or participate in the Program using multiple or fake email addresses or identities.
  • Valid Referrals

  • A Valid Referral means that all of the following conditions are met:
  • 1) The Referred Customer completed the purchase of the Eligible Service (as defined below) using the Referrer’s unique link (“Share Link”). If a Referred Customer registers with the Eligible Service using any other link or method, or registers for a product or service that is not an Eligible Service, the purchase will not count as a Valid Referral and the Referrer will not earn credit;
  • 2) The Referred Customer is a new customer, and was not previously registered with the Service under any email address or alias;
  • 3) The Referred Customer is a) a legal resident of a Permitted Region, b) is not the same person as the referrer, and c) meets the age of majority within their jurisdiction (defined above); and
  • 4) Only one Valid Referral can be earned for each Referred Customer. Any additional or subsequent purchases made by a Referred Customer will not be Valid Referrals.
  • Eligible Services: The Referred Customer registers on the platform for a Basic Huddl social account and the account remains active for at least 30 days.
  • Credit for Valid Referrals

  • Credits can only be awarded for Valid Referrals. All Token awards will be credited to the Referrer’s Basic Huddl Account on the Huddl Platform upon meeting all the criteria described above as “Valid Referrals”.
  • Earning Token Awards

  • Referrer shall receive one (1) award valued at 10 Huddl Tokens for each verified Valid Referral generated by the Referrer. Awards will be credited to the Referrer’s Basic Huddl Account on the Huddl Platform.
  • Referred Customer (Referree) shall receive one (1) award valued at 10 Huddl Tokens for purchasing an Eligible Service. Award will be credited to the Referree’s Basic Huddl Account on the Huddl Platform.
  • Either Referrer or Referree shall receive one (1) or more awards based on the following; a) one (1) award for each Social Media Share valued at 10 Huddl Tokens for each verified Valid Share generated by the participant, or b) one (1) award for each Social Media Follow valued at 5 Huddl Tokens for each verified Valid Follow generated by the participant. Awards will be credited to the Referrer’s or Referree’s Basic Huddl Account on the Huddl Platform.
  • Competition Prizes Referrer’s with the highest amount of “Valid Referrals” shall receive a bonus prize according to the following rules a) Top 1 – 10 Referrer’s receive one (1) award each valued at 10,000 HUDDL Tokens, b) Top 11 – 100 Referrer’s receive one (1) award each valued at 1,000 HUDDL Tokens, c) Top 101 – 1,000 Referrer’s receive one (1) award each valued at 100 HUDDL Tokens,.
  • Awards will be credited to the Referrer’s or Referree’s Basic Huddl Account on the Huddl Platform.
  • Awards come in the form of HUDDL tokens credited directly to users Basic Huddl Accounts. HUDDL tokens cannot be transferred for value or redeemed for cash directly with the Company. HUDDL tokens may be accepted directly by the Company only for purchases of eligible goods or services offered on the Huddl Platform. HUDDL tokens have no expiration dates.
  • Huddl Tokens
  • The HUDDL Token is a Cryptographic Virtual Currency (“Crypto-currency” ), or ERC-20 Token, that was created on the Decentralized Ethereum Network via a decentralized Smart Contract. HUDDL Tokens are created, distributed and managed via this Ethereum Smart Contract, which allows the HUDDL Token to operate exactly as programmed without any possibility of downtime, censorship, fraud or third-party interference.
  • The HUDDL Token is the primary mechanism by which a user can access the Huddl Platform and register for certain products and services. In simple terms, the token acts much like an electronic voucher typically given as a gift or offered as part of a promotional offer that can be exchanged on the Huddl Platform for goods or services.
  • THE HUDDL TOKEN DOES NOT REPRESENT A SECURITY OR INTEREST IN IHUDDL INC AND HOLDS NO RIGHTS COMMON WITH A SECURITY, WHATSOEVER.
  • Cryptocurrency

  • Refers to a math-based, decentralised convertible virtual currency that is protected by cryptography, meaning it incorporates principles of cryptography to implement a distributed, decentralised, secure information economy.
  • Verified Valid Referrals
  • Awards are subject to verification. The Company may delay a award for the purposes of investigation. They may also refuse to verify and process any transaction that Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on the Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
  • All of the Company’s decisions are final and binding, including decisions as to whether a Valid Referral, Credit or Award is verified.
  • Transfer and Value of Credit and Awards

  • Credit and Awards are distributed as HUDDL Tokens and may not be redeemed for cash between the Referrer or Referree and the Company. Tokens are similar to an electronic voucher typically given as a gift or offered as part of a promotional offer that can be exchanged on the Huddl Platform for goods or services. Upon termination of the Program or any portion thereof for any reason, any unredeemed Credit and Rewards accumulated by the Referrer can either; 1) remain on the platform in the Referrer’s account, or 2) be transferred by the Referrer to their private wallet addresses. Any transfer to a Huddl Account to an off platform private wallet address could experience delays caused by network congestion and, as such, We cannot guarantee the timing of any completed transfer. Where a User has requested a transfer and provided a unique public address, the user accepts all responsibility for the accuracy of the public address provided as Huddl accepts no liability for deliveries made to incorrect addresses. Any cancellation of a Referrer’s Huddl account for any reason having any remaining balances where the Referrer has not transferred their Credit or Award to their private wallet addresses, will be held for certain period of time before they are escheated to the appropriate state or federal agency.
  • The Company may place a limit on the total number of Huddl Tokens awarded, in its sole discretion, provided that awards validly earned by Participants prior to such announcement will be honored.
  • Huddl makes no representations or warranties concerning the Program or participation in the Program. Each person participates at his/her own risk.
  • 4. Content Ownership and Use

  • The online platform used to provide the Program may include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the User and the Company, all Content is the property of the Company or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.
  • License to You

  • The Company authorizes you, subject to these Terms, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use in connection with this Agreement. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
  • Trademarks

  • Company grants Users a revocable non-exclusive license to use the Company’s name and Trademarks in connection with participation in the Program, subject to compliance with these Terms and Conditions.
  • 5. Liability

  • By participating in the Program, Users agree to:
  • – Be bound by these Terms, the Privacy Policy and the decisions of the Company and their designees;
  • – Defend, indemnify, release and hold harmless the Company, its 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 “Program Entities”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in 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 the Program or any Award); and
  • – Be contacted by the Company via e-mail.
  • Company shall not be liable for:

  • – Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
  • – Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  • – Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
  • – Any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Award, or from participation in the Program, that were not reasonably foreseeable to the Company at the relevant time;
  • – Any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
  • – Claims, demands, and damages in disputes among Users of the Program.
  • The Company 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 their sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company’s control, corrupt the administration, security or proper play of the Program.
  • The Company shall not be liable to any Users for failure to supply any Award 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 quasi-governmental 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 slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Program Entities’ control.
  • The Company reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
  • Disclaimer of Warranties

  • USERS 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 THE COMPANY 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 NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) 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.
  • Limitation of Liability and Indemnification

  • YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY, INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM, SHALL 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), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
  • TO THE FULLEST EXTENT POSSIBLE BY LAW, THE COMPANY’S, INCLUDING ANY VENDORS AND SERVICE PROVIDERS, 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 $100.
  • Program use is at Users own risk.

  • 6. Publicity

  • Participation in the Program or acceptance of an Award constitutes permission to the Program Entities to use any User’s first and last name, e-mail address, company name, Huddl profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
  • 7. Conduct

  • If a solution cannot be found to restore the integrity of the Program after the occurrence of prohibited conduct, we reserve the right to cancel, change, or suspend the Program.
  • Prohibited Conduct

  • Users agree not to use the Program to:
  • – Violate applicable law;
  • – the intellectual property rights of the Company, its Affiliates or any third parties;
  • – Stalk, harass, or harm another individual;
  • – Collect or store personal data about other Users;
  • – Impersonate any person or otherwise misrepresent User’s identity;
  • – Interfere with, disrupt or violate these Terms or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks or Program;
  • – Interfere with another User’s use of the Program;
  • – Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
  • – Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
  • – Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
  • – Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others
  • Bulk Distribution (“Spam”)

  • If a Referrer provides a Share Link to a Referred Customer by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues and family members. By submitting the email addresses, the Referrer represents that he/she has their prior consent.
  • Bulk email distribution, distribution to strangers, or any other promotion of a Share Link in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in the Company’s sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s account and deactivation of the Share Link. We have a no tolerance spam policy.
  • The Company has no obligation to monitor the content provided by Users; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
  • Each Referrer is the actual sender of the emails and must comply with applicable law. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Entities against any liabilities, costs and expenses it incurs as a result of such spam.
  • Fraudulent and Suspicious Behavior

  • The Company may prohibit a User from participating in the Program or receiving a Credit or Award, in their sole discretion, if they determine such User is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices intending to annoy, abuse, threaten or harass any other users or representatives of the Company.
  • Use of any automated system, script, or macro to participate is strictly prohibited and will result in disqualification.
  • Users may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot or other device or artifice to participate in the Program or receive a Award.
  • The Company reserves the right to disqualify any User and/or cancel any Award(s) if they find a User to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions.
  • CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. 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.
  • 8. Suggestions and Submissions

  • The Company appreciates hearing from Users and welcomes your comments regarding the Program. Please be advised, however, that the Company does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While the Company values your feedback on the Program, please be specific in your comments and do not submit creative ideas.
  • 9. User Credentials

  • To see the personal Company “Leaderboard” page or account or to use the Program, Users will need to sign in with their credentials. Users are responsible for maintaining the confidentiality of their sign-in credentials and are fully responsible for all activities that occur through the use of User’s account. Users agree to notify the Company immediately if they believe the confidentiality of their sign-in credentials has been compromised or if they suspect unauthorized use of their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.
  • 10. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial

  • Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be governed and resolved by the laws of the State of Massachusetts (without reference to its conflicts of laws principles).
  • Users and the Program Entities agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Middlesex County in the state of Massachusetts. Users covenant not to sue the Program Entities in any other forum.
  • Users also acknowledge and understand that, with respect to any dispute with the Program Entities arising out of or relating to Users’ use of the Service or this Agreement:
  • Users ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
  • Users ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  • 11. General Terms

  • These Terms constitute the entire agreement between Users and the Company concerning Users’ use of the Program. The failure of the Company 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, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms 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.


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