Refer a Friend Program Terms & Conditions
IMPORTANT: Please read the following The Brown Book Box Refer a Friend ("Refer a Friend" or "Program") Terms & Conditions ("Terms and Conditions") that describe your participation in the Program. It is your responsibility to carefully read and to understand these Terms and Conditions.
These Terms and Conditions govern your participation in the Program and constitute an agreement ("Agreement") between you and The Brown Book Box LLC ("The Brown Book Box" or "The Brown Book Box"). By enrolling or participating in the Program you:
This Program is separate and distinct from any other rewards or loyalty program previously offered by The Brown Book Box. Your participation in any such prior rewards or loyalty program is subject to the applicable terms and conditions of that program and not these Terms and Conditions.
Unless otherwise defined herein, capitalized terms used in these Refer a Friend Terms and Conditions have the meaning given to them in the The Brown Book Box Terms and Conditions of Service.
Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to any Program Credits or any misrepresentation of any information furnished to The Brown Book Box by you, or anyone acting on your behalf, may result in the termination of your participation in the Program, the cancellation of any Program benefits and/or forfeiture of any Program Credits. In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf, The Brown Book Box reserves the right to cancel your service.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES SHALL The Brown Book Box , BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY The Brown Book Box IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; (IV) THE USE OR INABILITY TO USE ANY APPLICATION RELATING TO THE PROGRAM OR (V) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES, EVEN IF The Brown Book Box , OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You shall indemnify, defend and hold harmless The Brown Book Box and its officers, directors, agents and employees, its affiliates and its affiliates’ officers, directors, agents and employees (the “Indemnified Parties”) from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of, in connection with or related to the following: Your access to or use of the Program, any Program application, or third party content and services; your breach of this Agreement; your violation of law; including but not limited to laws governing our sending of messages as contemplated by Refer a Friend activity above; your negligence or willful misconduct; or your violation of the rights of a third party. You will promptly notify The Brown Book Box in writing of any third-party claim arising out of or in connection with your access to or use of the Program or any Program application.
DISPUTE RESOLUTION BY BINDING ARBITRATION
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing email@example.com. In the unlikely event that The Brown Book Box's customer service department is unable to resolve a complaint you may have to your satisfaction (or if The Brown Book Box has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. For any claim you will pay all costs of the arbitration. Moreover, in arbitration we are entitled to recover attorneys' fees from The Brown Book Box to at least the same extent as we would be in court.
1. The Brown Book Box and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and claims that may arise after the termination of this Agreement.
References to " The Brown Book Box ," "you," and "us" include our respective subsidiaries, affiliates, agents, dealers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of any Services or Devices under this or prior Agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and The Brown Book Box are each waiving the right to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
2. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to The Brown Book Box should be addressed to: The Brown Book Box , PO Box 65, McNeil, TX 78651 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If The Brown Book Box and you do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or The Brown Book Box may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by The Brown Book Box or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or The Brown Book Box is entitled.
3. After The Brown Book Box receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $500. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless The Brown Book Box and you agree otherwise, any arbitration hearings will take place in the county (or parish) of the address associated with The Brown Book Box. If your claim is for $500 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $500, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, The Brown Book Box will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse The Brown Book Box for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $500 in damages, the payment of these fees will be governed by the AAA rules.
4. If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of The Brown Book Box's last written settlement offer made before an arbitrator was selected, then The Brown Book Box will pay you the amount of the award or $500 ("the alternative payment"), whichever is greater; and pay your attorney, if any, attorneys' fees, and reimburse any expenses (excluding expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the attorney premium"). If The Brown Book Box did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
5. The right to attorneys' fees and expenses discussed in paragraph (4) supplements any right to attorneys' fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorneys' fees or costs. Under some laws The Brown Book Box may have a right to an award of attorneys' fees and expenses if it prevails in an arbitration.
6. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND The Brown Book Box AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Brown Book Box agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
7.Notwithstanding any provision in this Agreement to the contrary, we agree that if The Brown Book Box makes any future change to this arbitration provision (other than a change to the Notice Address) during the term of your Service Plan, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Entire Agreement. The Agreement and documents incorporated by reference constitute the entire agreement between us with respect to the Program.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall not be affected and shall remain valid and enforceable to the fullest extent permitted by law.
Waiver. Any failure to enforce a term of this Agreement shall not be deemed a waiver of that term.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules.
Limitation of Liability
ALTHOUGH The Brown Book Box INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEBSITE, The Brown Book Box DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THE PROGRAM WEBSITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, The Brown Book Box DOES NOT WARRANT THAT ACCESS TO THE PROGRAM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND The Brown Book Box ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.
YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF The Brown Book Box PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION V, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
THE PROGRAM IS BEING PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Brown Book Box EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Limitation of Warranty
You agree that your continued participation in the Program after any change shall be deemed to be your acceptance of the Program change. It is your responsibility to check the Program Terms and Conditions on the Program website regularly to determine whether the Program or these Program Terms and Conditions have been changed. If you do not agree to any Program change, you must immediately stop participating in the Program and advise The Brown Book Box that you are no longer participating.
If The Brown Book Box chooses, a notification of a Program change, discontinuance, or termination may be sent to the email address you provided when you enrolled in the Program and/or by text message and/or picture/video message to your number registered to your account. We may also publicize the Program termination on the Program website. The Brown Book Box will not be responsible for failing to notify you of any Program change, discontinuance, or termination.
The Brown Book Box reserves the right to change, discontinue, or terminate the Program - including but not limited to the terms, restrictions, and the ability to earn, claim and to use Credits - at any time without notice.
Termination of or Changes to the Program
A Referrer may earn up to ten (10) Credits per account in any twelve (12) month calendar year provided they maintain their The Brown Book Box account during this period. A Referee may earn only one (1) Credit per account while they are a The Brown Book Box subscriber.
The Referrer and Referee comply with all instructions provided by The Brown Book Box with respect to the Refer a Friend activity. At the time of purchase, the Referee must follow the link in the message and provide their email address to receive their unique referral code. The Referee must subscribe to The Brown Book Box service on a qualifying plan, create a subscription, and enter their unique referral code in subscription at the time of purchase. Both the Referrer and the Referee must maintain their respective The Brown Book Box accounts for a minimum of 60 days after the Referee subscribes with The Brown Book Box. In order to receive the Credits, the Referrer's and Referee's respective The Brown Book Box accounts must not be cancelled at the time they are to receive the Credits.
The Brown Book Box will apply a Credit to the Referrer's and Referee's respective service accounts after the Referee has subscribed with The Brown Book Box on a qualifying plan, as determined by The Brown Book Box in its sole discretion, and subject to the all of the following conditions:
To participate in Refer a Friend, a RAF Participant ("Referrer") sends a message to another individual person ("Referee") through Facebook, Twitter, email, or SMS, using a unique code provided by The Brown Book Box, inviting the Referee to subscribe to The Brown Book Box of and thereby earn a Credit. The Referrer is solely responsible for complying with all applicable laws in the sending of the message to Referee including but not limited to the federal Telephone Consumer Protection Act.
Only The Brown Book Box customers with an eligible subscription may participate in Refer a Friend ("RAF Participant").
Refer A Friend is a program whereby The Brown Book Box customers are afforded an opportunity to earn a service credit (Credit), in an amount to be determined by The Brown Book Box in its sole discretion, by promoting The Brown Book Box service.
Agree to The Brown Book Box's Terms and Conditions of Service, www.brownbookbox.org/about-us/faqs-1, and
Acknowledge that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to the Terms and Conditions;
Acknowledge that in no event is this Program available to persons under the age of 13;
Acknowledge that you are 18 years of age or older;
Acknowledge that you have read and understand this Agreement and agree to these Terms and Conditions;