Terms and Conditions
Overview of the Denevi Digital Imaging Services Tell a Friend Program
- The Denevi Digital Imaging Services Tell a Friend Program (the “Program”) is a loyalty program sponsored by Denevi Digital Imaging Services through which individuals can earn referral rewards when they submit a valid email address for friends who would be interested in our services.
- The Program is open only to U.S. residents who are thirteen (13) years of age or older. Employees of Denevi Digital Imaging Services 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 June 15, 2010 and ends on December 31, 2012. Referral rewards will be in the form of Denevi Gift Cards and can be used on any service we provide and has no cash value. Your gift card will be mailed once your friend’s email has been validated.
Participating in the Program
and complete a customer referral form to participate in the Program.
- If you have questions regarding the Program, call Denevi Digital Imaging Services at 1-800-446-4479.
- Denevi Digital Imaging Services reserves the right to validate all submitted email addresses. If you choose to use our Tell a Friend service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend an email inviting him or her to visit our site. Denevi Digital Imaging Services stores this information for the sole purpose of sending marketing emails and tracking the success of our referral program. Your friend can choose to opt out by responding to the email’s opt out button.
- Current customers or duplicate emails will not be rewarded through this program.
Modifications and Termination of the Program
- Denevi Digital Imaging Services 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 Denevi Digital Imaging Services may make to these Terms and Conditions.
General Terms and Conditions
- To learn how the personal information collected in connection with the Program may be used, individuals should read the Denevi Digital Imaging Services the entire Terms and Conditions.
- Denevi Digital Imaging Services 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, Denevi Digital Imaging Services 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 gift cards 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.
- Denevi Digital Imaging Services 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 Denevi Digital Imaging Services in its sole discretion.
Limitation of Liability
- By participating in the Program, each customer acknowledges that technical processing and transmission of information on the Denevi Digital Imaging Services Web site may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Denevi Digital Imaging Services is not responsible for: (a) incorrect or inaccurate transcription of information; (b) any human error or printing error; (c) problems relating to computer equipment, software, or inability to access the Denevi Digital Imaging Services 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 Denevi Digital Imaging Services, 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 DENEVI DIGITAL IMAGING SERVICES 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.