Thanks for using SendMeAFriend.
Please read these Terms carefully. By using SendMeAFriend or signing up for an account, you’re agreeing to these Terms. This is a legal agreement.
We’ll start with the basics, including a few definitions that should help you understand this agreement. SendMeAFriend (“SendMeAFriend” or the “Service”) is a referral service offered through the URL www.SendMeAFriend.com (we’ll refer to it as the “Website”) that allows you to create, send, and manage customer referrals (each referral is called a “Referral”) to your chosen referral partner. SendMeAFriend is owned and operated by Send Me A Friend, LLC, a Texas limited liability corporation (“SendMeAFriend,” “we,” or “us”). SendMeAFriend has employees, independent contractors, and representatives ("our Team"). As a customer of the Service or a representative of an entity that’s a customer of the Service, you're a “Member” according to this agreement (or “you”).
In order to use SendMeAFriend, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using SendMeAFriend, you represent and warrant that you meet all the requirements listed above, and that you won’t use SendMeAFriend in a way that violates any laws or regulations. SendMeAFriend may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for SendMeAFriend and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for SendMeAFriend on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
4. Account and Password
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.
5. Account Disputes
We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.
6. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide SendMeAFriend (proprietary rights include patents, trademarks, service marks, and copyrights).
7. Proprietary Rights Owned by You
RULES AND ABUSE
9. General Rules
You promise to follow these rules:
- You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
- You won’t use purchased, rented, or third-party lists of email addresses.
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account.
10. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a SendMeAFriend user, we want to hear about it. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you please notify us.
11. Compliance with Laws
You represent and warrant that your use of SendMeAFriend will comply with all applicable laws and regulations.
12. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.
13. No Warranties
To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren’t allowed under these Terms due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
15. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
16. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
17. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
20. Choice of Law
21. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
25. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. That aside, additional terms may apply to certain features of the Service (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
26. No Changes in Terms at Request of Member
Because we have so many Members, we can’t change these Terms for any one Member or group. If we did that, keeping up with the changes would be a logistical nightmare. So no changes, no exceptions.
27. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
28. Notification of Security Breach
In the event of a security breach that may affect you or anyone on referral lists (each a "List"), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
30. Entire Agreement
Congratulations! You’ve reached the end. Thanks for taking the time to learn about SendMeAFriend's policies.