Official Terms and Conditions (“Terms”) for USAA Refer-a-Friend Program
- Participation: The USAA Refer-a-Friend Program (the "Program") is open only to residents of the United States who are at least eighteen (18) years of age. Officers, board of directors, employees, representatives, contractors and agents of United Services Automobile Association ("USAA") or any of its affiliates or subsidiaries (“we”), or of any person or entity involved in the design, implementation, or promotion of the Program, and any of their respective parents, affiliates, subsidiaries, officers, directors, employees, representatives, contractors and agents are not eligible to enter. Participation is limited to individuals only. The Program cannot be used by businesses for affiliate lead generation as determined in USAA's sole discretion.
- Program Owner: The Program is offered by United Services Automobile Association, 9800 Fredericksburg Road, San Antonio, Texas 78288-0020. USAA.com 800-531-8722.
- Agreement to these Terms: By participating in the Program, you indicate your full and unconditional agreement to, and acceptance of, (a) these Terms and (b) USAA's decisions, which are final and binding.
- Entry Period: The Program begins at 12:00 A.M. CT on 12/1/2022 and ends at 11:59 P.M. CT on 02/28/23. Referrals submitted before or after the Entry Period will not be eligible.
- Qualified Referral: A Qualified Referral is defined as completed eligibility with USAA by a person (a "Referred Member") who arrives to USAA's website by clicking a referral program link you sent to the Referred Member. You are limited to one Qualified Referral for each Referred Member; in other words, additional/repeat applications to join USAA made by a Referred Member are not counted as additional Qualified Referrals. You must comply with all applicable laws including but not limited to CAN-SPAM and TCPA. For example, emails must be created and distributed in a personal manner and bulk email distribution is prohibited. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate exclusion from the Program and other remedies available to USAA. You represent that you have the prospective Referred Member’s permission to provide their email address and to send that message.
- General Conditions: USAA may, in its sole discretion, change, alter, modify, suspend, or terminate the Program at any time for any reason without notice. Your participation in the Program at any time after USAA has changed, altered, or modified the Program will constitute your agreement to such changes. USAA reserves the right in its sole discretion to disqualify or exclude any individual USAA suspects in its sole discretion to be tampering with the entry process or the operation of the Program or to be acting in violation of these Terms or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an attempt be made, USAA reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by USAA to enforce any term of these Terms shall not constitute a waiver of that provision. Proof of sending any communication to USAA by mail shall not be deemed proof of receipt of that communication by USAA. In the event of a dispute as to the identity of the participant, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The "authorized account holder" is the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The Program is subject to federal, state, and local laws and regulations and is void where prohibited.
- Disclaimer of Warranties
YOU 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 WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM; AND (B) WE MAKE AND GIVE NO WARRANTY THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. - Release and Limitations of Liability: By participating in the Program, you agree to release and hold harmless USAA, its parent, subsidiaries, affiliates, vendors and each of their respective officers, directors, employees, members, and agents (the "Released Parties") from and against any claim or cause of action arising out of your participation in the Program, including, but not limited to: (a) unauthorized human intervention in the Program; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) errors in the administration of the Program or the processing of entries; or (d) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Program (collectively referred to as “Claims”). USAA reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by USAA in the defense of any Claims. You further agree that in any cause of action, the Released Parties' liability will be limited to the cost of entering and participating in the Program, and in no event shall the Released Parties be liable for attorney's fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
- Privacy and Publicity: Any information you submit as part of the Program will be used for purposes of this Program and treated in accordance with USAA's Privacy Promise.
- Interpretation and Disputes: In the event that any provision of these Terms is judicially determined to be unenforceable, the validity or enforceability of the remaining provisions will not be affected, and a court of competent jurisdiction may reform any provision deemed to be unenforceable to make it enforceable and to preserve the overall intent of these Terms. Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Program shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Texas. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Terms and Conditions, your rights and obligations, or the rights and obligations of USAA in connection with the Program, shall be governed by, and construed in accordance with, the laws of Texas, without giving effect to any choice of law or conflict of law rules (whether of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Texas.
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