Last Updated: October 13, 2021
Thank you for helping Pawp grow! Pawp, Inc., a Delaware corporation (“we,” “us,” or “our”), would like to offer you the ability to refer friends to Pawp through our referral program (“Referral Program”) through our website pawp.com/app/rewards (the “Referral Site”). Capitalized terms used here that are not defined have the same definitions as those same terms in the Terms.
Agreement to Terms and Conditions. By using the Referral Site or the Referral Program or both, you agree to be bound by these Terms and Conditions (the “Terms and Conditions”). If you don’t agree to be bound by the Terms and Conditions, do not use the Referral Program. You can review our general Terms of Service here.
Eligibility. You are eligible to participate in the Referral Program if you are (i) 18 years or older and capable of forming a legally binding contract with Pawp, (ii) not barred from using the Program under applicable law, and (iii) are a current customer of Pawp, whether as a paying customer or as a free-trial customer.
The Program. By using the Referral Site, you will be able to send your personal referral link (the “Referral Link”) to friends, family, co-workers, acquaintances, and others that you personally know (“Friends”) to invite them to join Pawp.
Points. Each of your Friends that subscribes to Pawp and pays a Subscription Fee will be considered a referral (“Referral”). For each Referral you will receive 100 points that will be redeemable for an award or that may be saved and combined with any additional points you receive for other Referrals for other rewards.
Rewards. You may redeem your points for a reward. Rewards may be in the form of a good, service, voucher, gift card, or otherwise. We obtain our rewards through third parties and do not control the availability of any reward. Rewards are subject to verification and we may delay issuing a reward for the purposes of verification. Rewards are not transferable and may not be auctioned, traded, returned, bartered, or sold.
Monthly Drawing. For any calendar month for which you have a Referral, you will automatically be entered into our monthly drawing for a prize. One name will be randomly drawn and will be given an additional prize to be determined by Pawp. Only one entry can be obtained for each monthly drawing, regardless of the number of Referrals.
Restrictions. You cannot refer yourself or create multiple, fictitious, or fake accounts. You cannot use the Referral Program to violate any law, infringe or violate the rights of Pawp or 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 Referral Program and Pawp. You cannot engage in any bulk email distribution or distribution to strangers to obtain Referrals. In addition, you may not (i) tamper with the Referral 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 Referral Program. This includes but is not limited to a general prohibition on posting of the Referral Link on any website which offers the referral code to anyone other than Friends, i.e. individuals to whom you personally know. If we believe that the Referral Code associated with your account was used in such a manner, we have the right to remove all credit associated with your account and terminate your subscription with Pawp. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. YOU FURTHER AGREE TO FULLY INDEMNIFY PAWP IN THE EVENT IT INCURS ANY LIABILITIES, COSTS, AND EXPENSES AS A RESULT OF YOUR VIOLATION HEREOF.
Limitation of Liability. (a) NEITHER PAWP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR IMPLEMENTING THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE REFERRAL PROGRAM OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PAWP OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(b) IN NO EVENT WILL PAWP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE REFERRAL PROGRAM EXCEED THE AMOUNTS YOU HAVE PAID TO PAWP FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO PAWP, AS APPLICABLE. (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PAWP AND YOU.
Disclaimer of Warranties. THE REFERRAL PROGRAM IS PROVIDED “AS IS, AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Referral Program or any award will meet your requirements or be available.
Reservation of Rights. We reserve the right to modify, cancel, or terminate the Referral Program as well as these Terms and Conditions at any time for any or no reason. We reserve the right to disqualify you at any time from participation in the Referral Program if we have a good faith belief that you have violated any of these Terms and Conditions.