Terms and Conditions
Effective Date: December 12, 2017
Hum Referral Reward Program Terms and Conditions
Verizon Telematics, Inc. (“We” or “VZT”) may, from time to time, offer incentives (“Rewards”, as set out in the paragraph entitled “Earning Rewards” below) for Participants (defined below) to refer the Hum service (“Service”). This document sets out the terms and conditions (the “Terms and Conditions”) which apply to this referral Reward program (the “Program”).
A “Participant” is: (1) an existing Hum Service customer who participates in the Program by recommending third parties who might be interested in the Hum Service (each a “Referral”) and (2) those recommended third parties who agree to use the Hum service as a result of the existing customer’s recommendation. Participants are bound by these Terms and Conditions upon registering for the Program. Participants may not participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right (i) to modify or amend at any time these Terms and Conditions and the methods through which Rewards are earned; (ii) to disqualify any Participant (defined below) at any time from participation in the Program if he/she does not comply with any of these Terms and Conditions; and (iii) to terminate the Program at any time for any reason.
How the Program Works.
Participant will receive an email from VZT with a link to sign up for the Program on the referral page. After a Participant signs up, Participant may share the offer to become a Hum customer with potential Referrals through the referral page via Facebook, Twitter, LinkedIn, or email. A Participant who has been accepted into the Program by VZT is eligible for a Reward for each “Qualified Referral” (as described in the paragraph entitled “Qualified Referrals” below).
To be eligible for the Program, a Participant must:
- be an existing customer of Hum; and
- successfully register for the Program at the referral link by providing your email address.
Employees of VZT or any of their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
A Qualified Referral must meet all of the following conditions:
- The Referral is not currently registered with the Hum Service under any email address or alias;
- The Referral clicks on the link in the referral communication and enters its email address in the Hum.com pop up webpage;
- The Referral purchases a Hum+ or Hum× through any channel where these products are sold.
- The Referral activates the Hum account using the same email address that it used in the Hum.com pop-up in the referral communication.
- The Referral retains an active account for 30 days.
There is no limit to the number of Rewards that a Participant can receive.
Verified Qualified Referrals
Rewards are subject to verification. VZT may delay a Reward for the purposes of investigation. It may also refuse to verify and process any transaction VZT deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on VZT, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
All of VZT’s decisions are final and binding, including (but not exclusively) decisions as to whether an Eligible Referral qualifies as a Qualified Referral, or whether a Reward is verified.
Costs and Expenses
All of the expenses and costs that Participant incurs in connection with Participant’s efforts to obtain Qualified Referrals for Hum Services will be entirely Participant’s responsibility. VZT will not in any way be responsible or liable for such expenses of Participant or Participant’s employees.
VZT will not be liable to pay Rewards under these Terms and Conditions, or otherwise, for Qualified Referrals that Participant secured in violation of the Terms and Conditions.
Content Ownership and Use.
The online platform and the Program contain contents that include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between the Participant and VZT, all Content is the property of VZT or its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on the online platform or Program is the exclusive property of the Company and is protected by copyright, trademark, and other laws.
License to You
VZT authorizes you, subject to these Terms and Conditions, to access and use the online platform, Program, and the Content solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
The registered or unregistered logos, product and service names are or may be trademarks of VZT or its licensors (the “Marks”). Without VZT’s prior written permission, and except as solely enabled by any link as provided by VZT, you agree not to display or use in any manner the Marks.
By participating in the Program, Participant agrees to:
- defend, indemnify, release and hold harmless VZT, and its respective parent companies, affiliates subsidiaries, and third party service providers, 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 their participation in 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 the Program or any Reward, save to the extent the same cannot be excluded or limited by applicable laws); and
- be contacted by VZT via e-mail regarding the Program.
VZT shall not be liable for:
- late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
- telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
- data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
- any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program, that were not reasonably foreseeable to VZT at the relevant time;
- any printing, typographical, administrative or technological errors in any websites or materials associated with the Program; or
- claims, demands, and damages in disputes among Participants of the Program.
VZT shall not be liable to any Participants for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control.
VZT reserves the right to cancel or suspend the Program should it determine, in its sole discretion, that the administration, security or fairness of the Program has been compromised in any way.
Disclaimer of Warranties
PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR SOLE RISK AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM. AND (B) 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.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT VZT SHALL NOT BE LIABLE TO PARTICIPANT FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) PARTICIPATION IN OR THE INABILITY TO PARTICIPATE IN THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM FOR VZT AND REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
Participants should use the Program at their own risk.
- Publicity. Participation in the Program or acceptance of a Reward constitutes permission to VZT to use any Participant’s first and last name, company name, profile information, statements, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, where permitted by law.
Prohibited Conduct, Generally
Participant agrees to participate in the Program in such a way that it does not:
- Violate applicable law;
- Infringe the intellectual property rights of VZT, its service providers, or any third parties;
- Stalk, harass, or harm another individual;
- Collect or store personal data about other Participants;
- Impersonate any person or otherwise misrepresent Participant's identity;
- Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
- Interfere with another Participant's use of the Program;
- Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
- Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
- Suggestions and Submissions. VZT appreciates hearing from Participants and welcomes your comments regarding the Program. Please be advised, however, that VZT does not accept or consider creative ideas, suggestions, inventions, or materials (“creative ideas”) other than those which we have specifically requested. While VZT values your feedback on the Program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send VZT creative ideas, they:
- Shall own, exclusively, all now known or later discovered rights to the creative ideas;
- Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any creative ideas; and
- Shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
Any and all disputes, claims and causes of action arising out of or related to the Program or any prize awarded shall be resolved under Georgia law (without reference to its conflicts of laws principles), and participants in the Program agree to submit any dispute to the exclusive jurisdiction of the state and federal courts located in Atlanta, Georgia.
Participants and Eligible Referrals agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the online platform or Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Atlanta in the state of Georgia. Participants and Eligible Referrals covenant not to sue VZT in any other forum.
Participants also acknowledge and understand that, with respect to any dispute arising out of or relating to Participants’ use of the Service or this Agreement:
PARTICIPANTS ARE GIVING THEIR YOUR RIGHT TO HAVE A TRIAL BY JURY; and
PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
- General Terms These Terms and Conditions constitute the entire agreement between Participant and VZT concerning Participant’s participation in the Program. The failure of VZT to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. A person who is not a party to these Terms and Conditions shall have no right to enforce or receive the benefit of any of these Terms and Conditions.