Enzo Custom ("we", "Enzo Custom" or "Company") is offering you the opportunity to refer friends via a Referral Program ("Program") offered on the web site located at www.enzocustom.com (the "Site").
Binding Agreement. By using the Site or participating in the Program, you are bound by these Terms and Conditions ("Terms") and indicate your agreement to them. All of the Company's decisions are final and binding. By participating in this program, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, you are not authorized to participate in the Program in any other manner.
Privacy. Participation in the Program may require users to submit personal information about themselves and their friends, family members, or colleagues such as name and email address. By participating in our Program, users agree to receive communications from the Company, and/or from our partners that operate and maintain the Program, with regards to participation in the Program. The personal information collected, processed and used as part of the Program will be used in accordance with Company’s Privacy Statement, which is available by link on the Site.
How the Program Works. Individuals who are residents of the United States (including its territories and possessions) and at least over the age of 18 years or older and who provide and maintain valid email addresses and account on the Site are eligible to participate in the Program. Next, you must visit the Site and follow the on-screen instructions to refer friends, family members or colleagues. Once an individual makes 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 reward advertised on the Site. Referred friends (“Friends” or singly “Friend”) must complete the referral as described in the referral message. The referred Friend must be a new Enzo customer, have no existing account with the Company, be a legal resident of the United States, and at least 18 years or older. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
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 to violate any law, infringe or violate 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. Any additional or subsequent referrals made by a Referrer outside of the limits set forth in Paragraph 3 will not be considered qualified referrals and thus not be entitled to the Reward, unless otherwise allowed by the Company. 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.
Employees of the Company or any of its or their subsidiaries, affiliates or promotional agencies are not able to participate.
Rewards. By making a valid referral, your Friend will receive $100 towards their first purchase of $400 or more and you will receive $100 towards a future purchase of $400 or more only after your Friend’s purchase is processed and finalized. The referral credit will expire after twelve (12) months of receipt of the credit. Once expired, the Company is not required to issue any credit, refunds, equivalent cash value, or any compensation for the expired credit. The Company reserves the right to revoke, cancel, or otherwise deem invalid any credit issued in the event that the qualifying purchase is cancelled by the customer. In the event that a person receives multiple referrals from different Referrers, he/she is limited to just one $100 credit towards their first purchase only. Any issued credit, whether to first time customers or to referrers, shall be used in full in one (1) single transaction with minimum purchase value of $400. In the event that the purchase amount is less than the credit issued, any remaining credit balance is automatically forfeited without refund. These rewards may be redeemed in various forms in the Company's sole discretion. Restrictions may apply. For example, there may be a limitation on the number of referrals you can make, or if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. The Company may also refuse to verify and process any transaction for any reason. All of the Company’s decisions are final and binding, including decisions as to whether a referral meets the terms and conditions of the Program or if referral credit is verified.
Liability. YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW) 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 127983918.2 COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless Enzo Custom and Extole, Inc., 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, whether caused by equipment, programming, human error, or otherwise. To be clear, the Released Parties shall 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 shall 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 $100. Referrers should use the program at their own risk.
Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND 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.
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 her Friends’ prior consent to provide their contact information. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner that is not promoted 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.The Company reserves the right to void referrals and rewards earned if we suspect that they were earned in a fraudulent manner, in a manner that violates these terms, or in a manner otherwise not intended by Enzo Custom.
Sign-In Credentials. Users are responsible for 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.
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 (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms at our sole discretion.