Binding Agreement.
By using the Platform 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. These Terms are incorporated in,
part of and subject to the Company’s Terms of Service
available https://www.Skillram.com/terms in the
US, https://www.Skillram.co.uk/terms in the UK,
and https://www.Skillram.ca/terms. (Capitalized terms not otherwise defined
shall have the meanings set forth in the Terms of Service.)
Privacy
The personal information collected, processed and used as part of the Program
will be used in accordance with Company’s Privacy Policy, which is available for
your review at https://www.Skillram.com/privacy in the
US, https://www.Skillram.co.uk/privacy in the UK,
and https://www.Skillram.ca/privacy in Canada.
Eligibility
If you are under 18 years old (for U.S. based users) or the age of majority in
your jurisdiction, then you may not use or access the Skillram Platform.
Children under 13 years old are prohibited from accessing the Skillram Platform
or otherwise providing any personal information to Skillram.
How the Program Works
Using the Platform, you can follow the on-screen instructions to refer friends,
family members or colleagues whom you personally know (“Friends”). Users may
refer a maximum of 50 Friends throughout the entirety of the Program. 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 or her to receive
the benefit or reward advertised on the Platform, as applicable. Referred
Friends must complete book and pay for a project as described in the referral
message.
Restrictions
Referrers cannot refer themselves or create multiple, fictitious or fake
accounts with the Company. 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. This includes but is not limited to a general prohibition on posting of
the referral codes 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
a referral code associated with a User’s account was used in such a manner, we
have the right to remove all credit associated with that account and remove the
User from the Skillram Platform. 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.
Rewards
By making a Valid Referral (defined below), you will receive a reward and your
Friend will receive a reward (each, a “Referral Reward”) to be used toward their
first Project booked on the Platform, subject to the restrictions set forth
below. In order to qualify as a “Valid Referral”, your Friend must not be an
existing User of the Platform and must be a first-time User of the Service as a
result of your referral. You can earn a maximum of $500 in rewards from Valid
Referrals. These rewards may be redeemed in various forms in the Company's sole
discretion. Restrictions apply. Each Referral Reward can be used to pay Project
Payments, Service fees, and Trust & Support Fees in part or in full, but may not
be used to pay for reimbursement of out of pocket expenses, taxes, tips, or
other fees. Additionally, 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.
Unless otherwise stated, rewards have no monetary value and may not be redeemed
for cash. They are not transferable and may not be auctioned, traded, bartered
or sold. Please refer to the Terms of Service for additional billing and payment
information.
Liability
YOU UNDERSTAND AND AGREE THAT THE INDEMNIFIED PARTIES (DEFINED BELOW) SHALL NOT
BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL,
ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST
PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE,
SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR
TRANSMITTED BY SKILLRAM, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING
IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SKILLRAM PLATFORM OR THE
PROJECT SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By
participating in the Program, you agree to indemnify, defend, and hold harmless
Skillram and Affiliates, and their attorneys, insurers, independent contractors,
providers, successors and assigns (the “Indemnified Parties”) t from and against
any and all Liabilities incurred in connection with (i) your use or inability to
use the Skillram Platform or perform Project s, or (ii) your breach or violation
of this Agreement; (iii) your violation of any law, or the rights of any User or
third party and (iv) any content submitted by you or using your account to the
Skillram Platform, including, but not limited to the extent such content may
infringe on the intellectual rights of a third party or otherwise be illegal or
unlawful. You also agree to indemnify the Indemnified Parties for any
Liabilities resulting from your use of software robots, spiders, crawlers, or
similar data gathering and extraction tools, or any other action you take that
imposes an unreasonable burden or loan on our infrastructure. Skillram reserves
the right, in its own sole discretion, to assume the exclusive defense and
control at its own expense of any matter otherwise subject to your
indemnification. You will not, in any event, settle any claim or matter without
the prior written consent of Skillram. TO THE FULLEST EXTENT POSSIBLE BY LAW,
THE INDEMNIFIED 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), SHALL BE $100.00.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE SKILLRAM PLATFORM
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR
CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. SKILLRAM MAKES NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SKILLRAM
PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SKILLRAM PLATFORM AND ASSUMES
NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SKILLRAM PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND
(IV) EVENTS BEYOND OUR REASONABLE CONTROL.
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 that is not promoted is expressly prohibited and
may be grounds for immediate removal from the Platform 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 chat messages, remove any
such User Generated 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 Company against any liabilities, costs and expenses it incurs as a results
of such spam.
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 we have a good faith belief that he/she has
violated any of these Terms.