The Program is subject to the specific Terms and Conditions provided below as well as the Terms of Service available at https://www.talentgenius.io/legal/terms-conditions/ (“Terms of Service”, incorporated here by this reference) (collectively with these Referral Program Terms, the “Terms”) and the TalentGenius Privacy Policy available at https://talentgenius.io/legal/privacy-policy/.

NO PURCHASE OR PAYMENT NECESSARY.  YOU MAY ONLY ENTER IF IT IS LAWFUL FOR YOU TO DO SO IN THE JURISDICTION IN WHICH YOU RESIDE. VOID WHERE RESTRICTED OR PROHIBITED.

1. Overview

TalentGenius Inc. (“Company” or “we” or “us”) offers the Referral Program to people who are interested in referring business contacts and friends to sign up and sign into TalentAgent at agent.talentagent.io These Terms govern the participation by members who refer (“Referrers”) and the individuals who are referred (“Referees”) by the Referrers. Referees are typically friends and family of the Referrers.

2. Qualified Referrals

Qualified Referral must:

• Be a natural person (i.e., no businesses, legal entities or pets) 18 years of age or the age of majority in the jurisdiction where you reside, whichever is older;

• Be a new user of TalentAgent;

• Sign up for TalentAgent using your custom referral link or other methods supplied by us that allow for proper tracking of referrals;

• Sign into TalentAgent at least once; and

• Consent to and comply with the Terms of Use.

3. Referral Credits

The credit amounts change from time to time and will be set forth on our referral site (“Referral Site”). The applicable credit amounts are set to the value displayed on the Referral Site at the time the invitation was sent to the Referee to participate in the Referral Program. There may be a slight delay before the additional Referral Credit becomes available. The number of Referral Credits you can receive may be limited.

4. Representations

By participating in the Referral Program, (i) as a Referrer, you represent and warrant that you have a personal relationship with your Referee(s) or otherwise have the necessary consents to submit their information to the Referral Program; and (ii) as a Referrer or Referee, you will comply with all applicable Company policies and terms, and any and all applicable laws, rules and regulations in your participation in the Referral Program.

5. Restrictions

The following is a non-exhaustive list of activities that are not permitted and that will disqualify Referrers and Referees from earning credits through the Referral Program: (i) self-referral; (ii) making purchases on behalf of another or under an account that is not yours; (iii) creating fake accounts, blogs, web pages, profiles, websites, links or messages; (iv) any bulk email distribution, submission or distribution to strangers, or any other promotion that would constitute or appear to constitute unsolicited commercial email or “spam”; (v) posting your referral link on any page that is not owned and controlled by you, including, but not limited to, any merchant, Facebook, or forum page; (vi) bidding on any keywords containing Company marks or common misspellings thereof; (vii) placement of our logos or mention of our trademarks or tradenames in any ad text, extensions or banner ads; (viii) paid advertising for the purpose of generating traffic directly to your referral link; (ix) misleading or attempting to mislead anyone in connection with the Referral Program, including, but not limited to, misrepresenting your relationship with us or posing as our representative in an official capacity; and (x) taking any action or making any content that is disparaging or defamatory to us. Multiple accounts created with the same name, address, email address or other identifying feature may be flagged as fraudulent referrals. Referral Credits are not valid for cash or cash equivalent or previously paid product purchases. No exchange of value for the Referral Program invitation or any Referral Credit (whether cash, product or barter) is allowed, and Referral Credits cannot be transferred to other people or accounts.

Any modification or efforts to bypass, manipulate, obscure or otherwise modify the delivery and accurate presentation of sharing tools, content, disclosures or other materials and instructions we provide will be considered a violation of these Terms.

Referral Credits cannot be combined with any other discount codes. Any abuse of this offer, as determined by Company in its sole discretion, may result in the rescission of the referring Referrer’s Referral Credit and the inability to participate in this or future promotions. Referral Credits are not redeemable for cash and are not transferable.

The amount of Referral Credits that you may receive and the time period in which you may earn Referral Credits are subject to limitation.

6. Reservation of Rights

We reserve the right to withhold, deny or cancel any Referral Credits and/or terminate your account if Company, in its sole discretion, deems any Referral Credit as fraudulent, abusive, unethical, suspicious or otherwise inconsistent with the Terms or any other applicable law or regulation. Our decisions are final.

7. Cancellation, Termination

At our sole discretion, we have the right to modify, add or delete all or any portion of these Terms, benefits, Referral Credit, at any time, with or without notice. If the Program is terminated or the Referrer’s account is closed, any remaining earned Referral Credits will be forfeited.

We reserve the right to change, modify or terminate the Program, or any or all benefits under the Program or any policy pertaining to the Program, at any time, for any reason, including our right to discontinue or change how Referral Credit are received, calculated or redeemed.

8. No Warranty.  THE REFERRAL PROGRAM AND RELATED SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. PARTICIPATION AND USE OF THE RELATED SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

9. Limitation of liability.  

   
   

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO PARTICIPATE IN THE REFERRAL PROGRAM OR USE THE RELATED SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE CONTEST IS TO NOT PARTICIPATE IN THE REFERRAL PROGRAM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. Disputes. All matters relating to this Referral Program, and all matters arising out of or relating to this Referral Program, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the Florida, without giving effect to any conflict of law principles.