The Spekit Referral Program Terms of Service
Last Updated: 3/22/23
This Program is not open to: (1) employees or internally contracted vendors of Spekit or its
parent/subsidiaries, agents or affiliates; (2) the immediate family members or members of the
same household of any such employee or vendor; (3) anyone professionally involved in the
development or administration of this Program; (4) employees or internally contracted vendors
of governments and government-affiliated companies or organizations; or (5) any employee
whose employer’s guidelines or regulations do not allow entry in the Program or acceptance of
This Program is only open to individuals residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories).
2. REGISTRATION. By submitting a referral you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as an email and a name subject to any rights of a person other than you without appropriate authorization; or provide (iii), as an email, a name that is otherwise offensive, vulgar or obscene. If you provide any information that is untrue, inaccurate, not current or incomplete, or Spekit has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Spekit has the right to refuse any and all current or future use of the Program. You are solely responsible for providing accurate information for the activity that occurs on your Account while using the Program You may never use another person’s email or name for the Program without permission. You must notify us immediately of any change in your eligibility to use the Program, breach of security or unauthorized use of your Spekit Account. Spekit will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the foregoing or for any acts or omissions by you or someone else using your credentials.
Earning Rewards: Rewards can be earned in the Program by performing or participating in certain activities. If you choose to participate and follow the instructions associated with an activity, upon satisfying all of the requirements of the activity, you will be awarded the rewards associated with completing that activity so long as Spekit and/or its third-party Program affiliates are able to properly track your valid and completed rewards-earning activities. For avoidance of doubt, Spekit shall not be responsible for, nor shall Spekit be obligated to award rewards to Program participants for, any activity that is not properly recorded, tracked and/or deemed approved under Spekit’s or its third-party Program affiliates’ policies, procedures and systems.
Delivery of Rewards: Rewards may be emailed to your email address or mailed to the U.S. postal address that you provided when you registered and created an Account, or to the email or U.S. postal address that our records show your Account was last updated to reflect. Processing times may vary. Rewards that are undeliverable or unclaimed for whatever reason (including, without limitation, because your Account information is incorrect or outdated) may be forfeited, and the gift card will not be refunded.
Spekit reserves the right to substitute a reward with another reward of equal or greater value should the advertised reward become unavailable for any reason. If applicable, rewards may be fulfilled in the form of voucher(s), coupon(s) and/or gift card(s) in Spekit’s sole discretion. If a Participant is unable to participate in or accept a reward or any portion of a reward for any reason, Spekit shall have no further obligation to such Participant.
Spekit will not replace any lost or stolen rewards after redemption by Participants. In no event will Spekit be responsible for fulfilling more than the stated number of rewards. Participants acknowledge and agree that rewards are available in limited quantities and reward type and availability are subject to change at Spekit’s sole discretion. Spekit shall have no obligation or liability to Participants for any changes made to reward type or availability.
4. CONDITIONS; TAXES; RELEASE. This Program is subject to applicable federal, state and local laws. By participating in the Program, Participants agree: (a) to be bound by these terms and conditions and the decisions of Spekit, which shall be final and binding; and (b) to waive any right to claim ambiguity in the Program or these terms and conditions, except where prohibited by law.
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the rewards, prizes, or credits you earned or redeemed in the Program are considered reportable taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Program, including liability arising from your accrual of rewards or your redemption of such rewards. As a condition of your continued use of the Program, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your rewards, prizes, or credits to an appropriate tax authority. We encourage you, and it is your responsibility, to seek advice from a tax expert in order to determine the tax consequences of your use of the Program, and any associated rewards, prizes, or credits earned or Redeemed.
By participating in the Program, all Participants agree to release and hold harmless Spekit and its directors, employees, officers, licensees, licensors and agents, and respective advertising and Program entities and any person or entity associated with the administration of the Program (collectively, the “Released Parties”), from and against any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death and damage to property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of a reward, or their participation in the Program, or their participation in any Program or reward related activity. Each Participant acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any reward or the Program. All costs and expenses, including support services, not specifically listed above as part of the reward, are solely the Participant’s responsibility.
None of the Released Parties are responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Program; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Program; or (e) technical or human error which may occur in the administration of the Program or the processing of entries.
IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY”.
Use of any automated entry device or software is prohibited. Creation or use of multiple accounts for registration or participation in the Program is prohibited. Spekit reserves the right to disqualify any Participant it finds to be tampering with the reward process or the operation of the Program or violating these terms and conditions, and reserves the right to cancel the Program should it suspect fraud or for reasons out of the control of Spekit 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 OF SUCH PERSON FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, SPEKIT RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
All Participants are solely responsible for compliance with any applicable laws, rules and regulations, contractual limitations and/or office or company policies, if any, regarding Participant’s participation in the Program or redemption and acceptance of Program rewards; and by entering this Program, Participant confirms that he or she is not in violation of any of the foregoing and has obtained the consent of his or her employer to participate, if applicable. If a Participant is not permitted to accept any redeemed reward, then the Participant may return such prize to Spekit, and Spekit will refund the cost of shipment, as appropriate.
5. RULES OF CONDUCT.
ii. You shall not (and shall not permit any third party to) use the Program to take any action that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other
right of any other person or entity or violates any law or contractual duty;
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic,
offensive, profane, contains or depicts nudity, contains or depicts sexual activity,
or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
v. contains software viruses or any other computer codes, files, or programs that
are designed or intended to disrupt, damage, limit or interfere with the proper
function of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any system, data, password or other
information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or
vii. includes anyone’s identification documents or sensitive financial information.
7. PUBLICITY. Participants acknowledge and agree that Spekit may use the Program for publicity, advertising or other marketing purposes in any media, and may use the name, likeness, and state of residence and/or reward information of potential Participants as part of that publicity, without additional compensation to the potential Participants.
6. COMPUTER, INTERNET, AND PROGRAM ADMINISTRATION. Spekit is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Spekit on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in Spekit’s sole determination, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Program, Spekit reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program. If the Program is canceled for any reason, notice will be posted on the Program website and the rewards may, in Spekit’s discretion, be awarded to eligible Participants.
8. REFERRAL TERMS.
How to make a Referral:
Any warranties for the products and services of Spekit shall run directly from Spekit to the Qualified Referral or Qualified Sale. In no event shall Participant make any representation, guarantee or warranty concerning such products and services. In addition, Participant shall: (i) refrain from any deceptive, misleading and unethical practice that is or might be detrimental to Spekit; (ii) make no false or misleading representations, warranties, or guarantees with regard to Spekit or its products and services; (iii) not use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to Spekit or its products or services; and (iv) not copy, resemble or mirror the look and feel of Spekit’s websites, Spekit trademarks or otherwise misrepresent Participant’s affiliation with Spekit. Participant and Spekit are independent contractors and not partners, joint venturers or otherwise affiliated and neither has any right or authority to bind the other.
9. CONFIDENTIAL INFORMATION. In connection with the Program, Participants may receive proprietary Spekit information. Participants shall hold confidential and shall not use or permit others to use any proprietary information identified as such in writing or orally by Spekit. or information which Participant knows or has reason to know is confidential, proprietary or trade secret information of Spekit.
10. DISCLAIMER. THE PROGRAM IS PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE PROGRAM WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PROGRAM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE PROGRAM WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PROGRAM IS SOLELY AT YOUR OWN RISK.
Spekit further disclaims any and all liability for the acts, omissions, conduct of any third-party users, Spekit users, advertisers, and/or sponsors related to the Program. Spekit is not responsible for the products, services, actions, or failure to act of any third party in connection with the Program. Without limiting the foregoing, you may contact us regarding the misconduct of users and/or third-party advertisers, service, and/or product providers referenced on, or included in the Program. Spekit may investigate the claim and take appropriate action, at its sole discretion.
12. LIMITATION OF LIABILITY. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE PROGRAM (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS= THREE (3) MONTH PERIOD OR (B) $500.00.
13. ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW
AS THIS AFFECTS YOUR LEGAL RIGHTS
c. 30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section 17, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: Spekit Inc. 3301 Lawrence Street Suite #3 Denver, CO. 80205. If you do not notify us in accordance with this Section 17(c), you agree to be bound by the arbitration and class-action waiver provisions of these Terms, including such provisions in any Terms revised after the date of your first acceptance. Such notification must include: (i) your name; (ii) your mailing address and (iv) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration and Class Action Waiver section of these Terms (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration and Clause Action Waiver section), you may reject any such change by sending us written notice within 30 days of the change to the address set forth in this Section 17(c). It is not necessary to send us a rejection of a future change to the Arbitration and Class Action Waiver section of these Terms if you had properly opted out of the arbitration and class-action waiver provisions in this Section 17 within the first 30 days after you first accepted these Terms. If you have not properly opted out of the arbitration and class-action waiver provisions in this Section 17, by rejecting a future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this arbitration provision, as modified by any changes you did not reject. This notification affects these Terms only; if you previously entered into other arbitration agreements with us or enter into other such agreements in the future, your notification that you are opting out of the arbitration provision in these Terms shall not affect the other arbitration agreements between you and us.
d. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
14. FORCE MAJEURE. Spekit shall not be liable for any delay or failure in performance whatsoever due to Acts of God, earthquakes, shortages of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics and similar occurrences. The obligations and rights of Spekit shall be extended on a day-to-day basis for a period of time equivalent to the period of the delay.
18. NO AGENCY. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.