Last Updated: September 13, 2023

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SkedgeAlert, Inc., a Washington corporation (“we”, “SkedgeAlert” or “Company”), may at times offer you, an individual, the opportunity to refer providers via a referral program (“Program”) offered on its website located at https://www.SkedgeAlert.com/ (hereinafter the “Site”). The Site is comprised of various web pages owned and operated by SkedgeAlert, Inc., a Washington company (hereinafter “SkedgeAlert” or “we” or “us” or "our"). The Site includes any other sites and domains controlled by SkedgeAlert, Inc. 

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1. Binding Agreement. By using the Site 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 here, https://www.skedgealert.com/policy-and-agreements.

2. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with the Company’s Privacy Policy, which is available for review here, https://www.skedgealert.com/policy-and-agreements.

3. Eligibility.  If you are under 18 years old, then you may not use the Program.

4. How the Program Works.  Using the Site, you can follow the on-screen instructions to refer providers whom you personally know (“Friends”).  You may refer a maximum of 50 Friends throughout the entirety of the Program. Once you make a referral, you become a “Referrer” that allows you to receive the benefit or reward advertised on the Site, as applicable.  To qualify for a Reward, Referred Friends must register with Company, have 1 Confirmed Appointment with one of their clients and pay for the SkedgeAlert subscription service for 1 month. A Confirmed Appointment means an appointment for which a Referred Friend has a client who requested and confirmed an appointment alert.

5. Restrictions.  You (“Referrer”) cannot refer yourself or create multiple, fictitious or fake accounts with the Company. You may not 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 on any website which offers the referral to anyone other than Friends, i.e. individuals to whom you personally know. If we believe that a referral associated with a Referrer’s account was used in such a manner, we have the right to remove all credit associated with that account and remove you, the Referrer, from the Program. 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.

6. Rewards.  By making a Valid Referral (defined below), you will receive a reward (a “Referral Reward”) subject to the restrictions set forth below. In order to qualify as a “Valid Referral”, your Friend must not be an existing provider using SkedgeAlert’s subscription service and must subscribe to the Service, as a result of your referral. You can earn a maximum of $500 in rewards from Valid Referrals. 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.

7. 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 SKEDGEALERT, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SKEDGEALERT SITE OR PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. By participating in the Program, you agree to indemnify, defend, and hold harmless SkedgeAlert and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the SkedgeAlert Site or Program, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any Referrer or third party and (iv) any content submitted by you or using your account to the SkedgeAlert Site or Program, 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. SkedgeAlert 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 SkedgeAlert.  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 $500.00.

8. Disclaimer of Warranties.  YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROGRAM AND THE SKEDGEALERT SITE 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. SKEDGEALERT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SKEDGEALERT SITE AND PROGRAM OR THE CONTENT OF ANY SITES LINKED TO THE SKEDGEALERT SITE OR PROGRAM 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 SKEDGEALERT SITE OR PROGRAM, (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.

9. Bulk Distribution (“Spam”).  By submitting any email address as part of the Program, you, the Referrer, represent that you have 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 Site and Program and further legal action. 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 result of such spam.

10. 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 Referrers at any time from participation in the Program if we have a good faith belief that you have violated any of these Terms.