Last Updated: July 9, 2021
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE MARBLE REFERRAL PROGRAM.
Marble Pay Inc. ("we," "us", "Marble", or the "Company") offers you the opportunity to earn rewards by referring friends to try our services (the "Services"). Your participation in the Marble Referral Program ("Marble Referral Program" or "Program") can earn you credits to use in conjunction with our Services, and may also get you additional rewards. We reserve the right to terminate the Program at any time for any reason.
These terms and conditions ("Terms") apply to a user's participation in the Program. By participating in the Program, users agree to use the Program as outlined herein, and consistent with any other terms we may apply to the Program. If you do not agree to these Terms in their entirety, then you cannot register and participate in the Program. Users also cannot participate in the Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right to modify or amend at any time these Terms and the methods through which any Credits (as defined below) may be earned. We reserve the right to disqualify any Referring Customer or Prospective Customer at any time from participation in the Program.
This Program is void where such referral programs are prohibited. Users who refer others to the program are "Referring Customers"; those who are referred are "Prospective Customers." Referring Customers may be eligible to receive "Credits" for every qualified referral.
To participate, once you have created a Marble account, sync at least one current personal insurance policy, and follow the on-screen instructions to start referring. You will be provided a personal link or code which you can share with your friends and colleagues as much as you want. If a Prospective Customer uses your personal link, signs up and completes the steps mentioned in Section 1.3 (Qualified Referrals) below, you will receive a credit ("Credit") in the form of Marble rewards points, to use for designated Marble products and services, and Credits may only be used for designated Marble products and services and may never be redeemed for cash. To be eligible to redeem any rewards earned at any time during the program, you must have at one time synced at least one active personal insurance policy with your own account.
To be eligible for Program and to receive Credits, a Referring Customer must:
Company reserves the right to determine if a Referring Customer's user account is valid based on criteria that includes, but is not limited to, account activity and ownership.
Only individuals are eligible to participate in the Program. Companies and employees of Marble or their subsidiaries, affiliates or promotional agencies, including immediate family and household members, are not eligible.
A Qualified Referral means that all the following conditions are met:
All Credits are subject to verification. The Company may delay a Credit for the purposes of investigation. Company may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, or in violation of these Terms, or Company believes will impose potential liability on Company beyond what is reasonable for this Program, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. Company may cancel, amend or revoke the Credit at any time due to business considerations of circumstances beyond Company's control. Company is not responsible for errors, omissions, malfunctions, interruptions, deletions, delays or failures of operations.
All of the Company's decisions are final and binding, except where prohibited, including decisions as to whether a Qualified Referral or Credit is valid.
Credits may only be used for redemption of qualified products and services offered by the Company, which can change at any time. Credits may not, under any circumstances, be redeemed for cash. Company may cancel, amend or revoke Credits at any time for any reason.
Credits expire, if not redeemed, within eighteen (18) months of issuance. Additionally, Credits shall expire if your account has been dormant for six (6) months or otherwise terminates or is deactivated. Upon termination of the Program or any portion thereof for any reason any unredeemed Credits (including without limitation any unapplied Credits) accumulated by the Referring Customer are forfeited.
Credits are personal to the Referring Customer and are not transferable and may not be auctioned, traded, bartered or sold, whether by operation of law or otherwise.
By participating in the Program, both Referring Customers and Prospective Customers agree:
its service providers and their respective parent companies, affiliates and subsidiaries, 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 Credit); and
3.1. The Company disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond the Company's control, corrupt the administration, security or proper play of the Program.
3.2. The Company shall not be liable to any Referring Customer for failure to supply any Credit 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 the Company's control.
3.3. The Company 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.
3.4. REFERRING CUSTOMERS AND PROSPECTIVE CUSTOMERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS; 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, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE COMPANY MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) 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.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE PROGRAM, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE PROGRAM IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR THE PROGRAM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.
You and Company agree that all claims and disputes arising out of or relating to these Terms will be litigated exclusively in the state or federal courts located in the State of New York.
THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Referring Customers agree that they will not violate any of these Terms, or otherwise engage in activity that could be considered harassment toward other users. Users agree not to use the Program to:
The Company reserves the right to suspend, disqualify or terminate any Referring Customer's or Prospective Customer's participation in the Program and to require the forfeiture of any Credits earned if the Referring Customer or Prospective Customer is found to have engaged in any prohibited conduct or otherwise violated the provisions of these Terms.
CAUTION: ANY DELIBERATE ATTEMPT TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM FURTHER PARTICIPATION IN THE PROGRAM. THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION, IN THE EVENT OF ANY SUCH ATTEMPT.