TERMS OF SERVICE

Last Updated: March 7, 2025

1. INTRODUCTION AND DEFINITIONS

1.1. These Terms of Service (“Agreement”) govern the participation in and operation of the referral program (“Program”) managed by ReferralHero (“ReferralHero,” “we,” “us,” or “our”) on behalf of the entity participating in the referral program (“Campaign Owner”).

1.2 You agree to opt in and participate in the Program with the intent to share personal information of yourself and of a Referred Individual or Advocate to enjoy the benefits offered by the Program.

1.3. By agreeing to participate in the Program, you accept these Terms of Service in full. If you disagree with these Terms of Service or any part of its parts, you must not participate in the Program.

1.4. For purposes of this Agreement:

1. “Campaign Owner” is the business participating in the Program of which you are a customer;
2. “Referred Individual” is a third-party individual identified by you as a recipient of your referrals.
3. “Advocate” is a third-party individual identified by you as the current or former customer of the Campaign Owner.

2. PROGRAM ELIGIBILITY AND PARTICIPATION

2.1. To be eligible to participate in the Program, you must:

1. Be a current customer of or familiar with the Campaign Owner;
2. Have read, understood, and accepted these Terms of Service;
3. Be of legal age in their jurisdiction of residence;
4. Be physically located within the United States.

2.2. Participation Restrictions:

1. You shall not create multiple accounts or use any automated system, bot, script, or other processes to participate in the Program;
2. You shall not misrepresent your identity or relationship with the Campaign Owner;
3. You shall not engage in any fraudulent, deceptive, or manipulative practices in connection with the Program.

3. VOLUNTARY PARTICIPATION AND REFERRALS

3.1. Participation in the Program is entirely voluntary. Neither ReferralHero nor the Campaign Owner shall require you to participate in the Program or make referrals as a condition of receiving Services.

3.2. You acknowledge and agree that:

1. You are under no obligation to refer any individuals to the Campaign Owner;
2. Your participation in the Program shall not affect the quality or availability of Services provided to you by the Campaign Owner;
3. You can opt out of notifications via email/SMS or by sending an email to the Campaign Owner at any time. Opting out will not terminate your participation in the Program. To terminate your participation, you must follow the instructions that appear below under 9.2 to this document.
4. You have informed the Referred Individual or the Advocate about your intention to share their information with the Program and have obtained their consent to share personal information, including PHI.

4. INCENTIVES AND REWARDS

4.1. By participating in the Program, you may receive cash, credit cards, gift cards, discounts, vouchers, and other benefits on services provided by the Campaign Owner. The specific value, terms, and conditions of these benefits shall be communicated separately and may be modified from time to time.

4.2. Incentive Restrictions:

1. Incentives are non-transferable;
2. Incentives cannot be combined with other promotions or offers unless explicitly permitted;
3. Incentives may be subject to applicable taxes, which shall be your sole responsibility.

5. PROGRAM ADMINISTRATION AND MODIFICATIONS

5.1. ReferralHero reserves the right, at its sole discretion, to:

1. Modify, suspend, or terminate the Program, in whole or in part, at any time without prior notice;
2. Change the Program requirements, benefits, or these Terms of Service;
3. Disqualify you from the Program for violating these Terms of Service or engaging in fraudulent or otherwise inappropriate behavior;

5.2. ReferralHero reserves the right to resolve disputes regarding the Program, including eligibility for participation or rewards, at its sole discretion.

6. DATA PRIVACY AND THIRD-PARTY SHARING

6.1. ReferralHero collects and processes personal information for Program administration purposes. By accepting these Terms of Service, you acknowledge that information provided by the Campaign Owner for the purposes of participating in the Program may include Protected Health Information (PHI) subject to HIPAA regulations.

6.2. Personal information concerning you or the Referred Party may include, but is not limited to:

1. Name, email, and phone;
2. Program participation history;
3. Referral activities and rewards earned;
4. Visits to the Campaign Owner;
5. Other interactions with the Campaign Owner relevant to your or the Referred Party’s participation in the Program.

6.3. Third-Party Sharing Restrictions:

1. ReferralHero shall not share your or the Referred Party’s personal information with unauthorized third parties;
2. Information sharing shall be limited to the service providers necessary for Program administration, and legal authorities when required by law or court order.

6.4. By participating in the Program, you expressly authorize ReferralHero to:

1. Process PHI for Program administration purposes.
2. Share PHI linked to your and the Referred Individual or Advocate with any Referred Individual of your choice.

Any use or disclosure of PHI shall be limited to the minimum necessary to accomplish the Program's intended purpose.

This authorization shall remain valid until your participation in the Program terminates.

7. HIPAA COMPLIANCE

7.1. ReferralHero operates in compliance with HIPAA and other applicable privacy laws. To this end, ReferralHero implements administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of your PHI.

7.2. You acknowledge that no security measures are perfect or impenetrable, and ReferralHero cannot guarantee absolute security.

8. LIMITATION OF LIABILITY

8.1. General Limitations:

To the maximum extent permitted by law, ReferralHero shall not be liable for:

1. Any direct losses arising from the provision of free services under the Program;
2. Any indirect, incidental, special, consequential, or punitive damages;
3. Loss of profits, revenue, data, or business opportunities;
4. Damages arising from system failures or security breaches.

These limitations apply even if ReferralHero has been advised of the possibility of such damages.

8.2. Monetary Cap:

In any event, ReferralHero’s total liability under this Agreement shall not exceed the greater of the total value of benefits received by you through the Program in the twelve months preceding the claim or one hundred United States dollars ($100.00).

9. TERM AND TERMINATION

9.1. Term:

1. This Agreement shall commence upon your acceptance of these Terms of Service;
2. The Agreement shall continue until terminated in accordance with the provisions herein.

9.2. Termination Rights:

You may terminate participation at any time by:

1. Sending an email to Campaign Owner and requesting to be removed from the campaign;
2. Following any additional termination procedures provided by ReferralHero.

ReferralHero may terminate your participation:

1. Immediately upon breach of these Terms of Service;
2. For any reason upon thirty (30) days' written notice;
3. Immediately if required by law or regulatory requirements.

9.3. Effect of Termination:

Upon termination, you cease participation in the Program. Any unredeemed rewards are forfeited unless prohibited by law. The sections of these Terms of Service regarding confidentiality, liability, dispute resolution, and any other provisions that, by their nature, should survive shall continue in effect.

10. REPRESENTATIONS AND WARRANTIES

10.1. Your Representations:

You represent and warrant that:

1. You have the legal capacity and authority to enter into this Agreement;
2. All information provided in connection with the Program is true, accurate, and complete;
3. Your participation in the Program is voluntary and does not violate any other agreement or obligation.

10.2. Disclaimer of Warranties:

4. THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND;
5. REFERRALHERO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:
   
   1. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
   2. WARRANTIES REGARDING SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE;
   3. WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF PROGRAM INFORMATION.

11. DISPUTE RESOLUTION AND GOVERNING LAW

11.1. Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.

11.2. Jurisdiction and Venue:

Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in Pennsylvania. Each party hereby consents to personal jurisdiction in such courts and waives any objection to venue or inconvenient forum.

12. MISCELLANEOUS PROVISIONS

12.1. Assignment:

1. You may not assign or transfer any rights or obligations under this Agreement without ReferralHero’s prior written consent;
2. ReferralHero may assign its rights and obligations under this Agreement without restriction.

12.2. Force Majeure:

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, or governmental actions.

12.3. Entire Agreement:

1. This Agreement constitutes the entire agreement between the parties regarding the Program;
2. This Agreement supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.

12.4. Severability:

If any provision of this Agreement is held invalid, illegal, void, or unenforceable by any court of competent jurisdiction:

1. Such provision shall be modified to the minimum extent necessary to make it valid and enforceable;
2. If modification is not possible, such provision shall be severed from this Agreement;
3. The remaining provisions shall continue in full force and effect;
4. The parties shall negotiate in good faith to replace any invalid provision with a valid provision that achieves the same intended purpose.

12.5. No Waiver:

The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing.