Terms and Conditions
Overview of the LetsTalk.com Refer-A-Friend Program
- The LetsTalk.com Refer-A-Friend Program (the “Program”) is a loyalty program sponsored by LetsTalk.com through which individuals can earn referral rewards when they encourage their friends to purchase Phones as set forth below.
- The referred friends will also earn a $25 discount on their purchase as set forth below.
- The Program is open only to U.S. residents who are thirteen (13) years of age or older. Employees of LetsTalk.com and its related companies, agents, and suppliers, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible to participate. The Program is void where prohibited.
- Participation in the Program constitutes the Participant’s full and unconditional agreement to these Terms and Conditions.
The Program begins on November 1, 2004 and ends on December 31, 2020. Referral rewards may be applied to new orders the customer refers by December 31, 2020, and whose orders are shipped by that date.
Participating in the Program
- Visit http://www.letstalk.com/referafriend/referafriend.htm?rafId=18 and complete a customer referral form to participate in the Program.
- The referred friend will receive a $25 discount on his or her order as long as that order includes a phone and plan with a 2 year contract from any post-paid carrier partner of LetsTalk.com. New activations and upgrades qualify. Orders placed where the phone is free at the time of purchase are not eligible for the $25 discount. Prepaid and accessory only orders do not qualify for discount as well. Activation may require a two-year Service Agreement and credit approval are required as set forth by LetsTalk.com’s carrier agreements. In some cases, an early termination fee may apply (subject to terms and conditions set forth during order confirmation). To receive the referral reward, orders must be shipped by 11:59 p.m. Eastern Time on December 31, 2020.
- If you have questions regarding the Program, call LetsTalk.com at 1-866-TALK-460.
- LetsTalk.com reserves the right to require proof, including, but not limited to, a receipt, that the referred order was activated and shipped in accordance with these Terms and Conditions.
Modifications and Termination of the Program
- LetsTalk.com reserves the right to modify any of the terms and conditions set forth herein – including, but not limited to, the methods through which customers may earn rewards and the amount of rewards that can be earned by referring friends – at any time, with or without notice, even though these changes may affect a customer’s ability to receive a reward certificate.
- A customer’s participation in the Program constitutes the customer’s acceptance of any changes to these Terms and Conditions. Customers are responsible for remaining knowledgeable as to any changes that LetsTalk.com may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available at http://www.letstalk.com/referafriend/referafriend.htm?rafId=18 and will supersede all previous versions of these Terms and Conditions.
General Terms and Conditions
- LetsTalk.com reserves the right to discontinue the participation privileges of any customer who engages in any fraudulent activity or uses the Program in a manner inconsistent with these Terms and Conditions or any federal or state laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated rewards benefits. In addition to discontinuance of participation privileges, LetsTalk.com shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
- Reward referral certificates provided through this Program may not be transferred or assigned, and are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law.
- LetsTalk.com is not responsible for any incorrect or inaccurate information supplied by customers or referred friends while participating in the Program.
- All questions or disputes regarding eligibility for the Program, earning of rewards, or a customer’s compliance with these Terms and Conditions will be resolved by LetsTalk.com in its sole discretion.
Limitation of Liability
- By participating in the Program, each customer acknowledges that technical processing and transmission of information on the LetsTalk.com Web site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. LetsTalk.com is not responsible for: (a) incorrect or inaccurate transcription of information; (b) problems related to any of the equipment or programming associated with the Program or utilized by the Participant; (c) any human error or printing error; (d) any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission; (e) problems relating to computer equipment, software, or inability to access the LetsTalk.com Web site; or (f) any other technical or non-technical error or malfunction.
- By participating in the Program, each Customer accepts all responsibility for, and hereby indemnifies and holds harmless LetsTalk.com, each of its related companies, and each such company’s respective officers, directors, employees, shareholders, agents, and successors, and assigns (the “Released Parties”), from and against any claims that may arise from actions taken by such Participant.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROGRAM, EVEN IF ANY OR ALL OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SUCH EXCLUSIONS MAY NOT APPLY TO YOU. IF A PARTICIPANT PROVES THAT LETSTALK.COM HAS IMPROPERLY DENIED THAT PARTICIPANT OF REWARDS OR CREDITS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT VALUE OF ONE (1) CENT. BY PARTICIPATING IN THE PROGRAM, A PARTICIPANT WAIVES ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
- Except where prohibited, each customer agrees that: (a) 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 arbitration under the Commercial Arbitration Rules of the American Arbitration Association; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (i.e.,only costs associated with participating in the Program), but shall not include attorneys’ fees under any circumstances; and (c) Member hereby waives all rights to claim punitive, incidental, and consequential damages.
- If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.