REFER A FRIEND TERMS AND CONDITIONS

As a member of Pandia Health’s Refer-a-Friend Program (a “Referrer”), you are subject to Pandia Health’s Terms of Use, Pandia Health’s Privacy Policy, as well as the following additional Terms & Conditions for Pandia Health’s Refer-a-Friend Program:

Qualified Referral

Referrers will receive a one-time $10 gift card for every 3 referrals. A Qualified Referral is defined as a new account made at www.pandiahealth.com by a person (a “Referred Customer”) who arrives at our website by clicking on your unique Refer-a-Friend program link. As a Referrer, you are limited to one Qualified Referral for each Referred Customer; in other words, additional accounts made by a Referred Customer are not counted as additional Qualified Referrals.

Referred Customer

The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address). The Referred Customer must have not have referred on www.pandiahealth.com before to earn Referral Credits. The Referred Customer must be a legal resident of the United States of America, currently in the USA, and at least 18 years old

Referral Gift Cards

For every 3 Qualified Referrals, the Referred Customer will receive a one-time $10 gift card. Referral Discounts are subject to Pandia Health standard promotional terms.

Rewards are subject to verification

Company may delay a Reward for the purposes of investigation. It may also refuse to verify and process any transaction Company deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms, or believes will impose potential liability on Company, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of Company’s decisions are final and binding, including decisions as to whether a Qualifying Sign Up is verified or a Reward is earned pursuant to these Terms.

Eligibility

Eligibility is limited to individuals only. Pandia Health’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation and posted on discount sites. You must be a legal resident of the United States of America and at least 18 years old to participate in the Program. You agree not to send the invitation email to anyone unless they are at least 18 years old. You may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

Compliance with Law

As a Referrer, you agree to comply with all up-to-date laws, including, but not limited to the CAN SPAM Act. Any distribution of your unique 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 termination of your account and exclusion from Pandia Health’s Refer-a-Friend program.

Right to Close Accounts

Pandia Health reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Pandia Health Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

Right to Cancel Program or Change Terms

Pandia Health reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed Referral Credits will be forfeited at that time.

Restrictions

Referrers must only send legitimate invitation communications to Friends who are real people whom they know. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program by pretending to be their own “Friends.” You may not use the Program in a manner that violates any law, infringes or violates the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program, as such conduct will be grounds for immediate termination and disqualification from the Program, forfeiture of any credits or Rewards accrued, cancellation and forfeiture of any Rewards that have been paid and/or deactivation of your Personal Link. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE COMPANY RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Liability

YOU UNDERSTAND AND AGREE THAT THE RELEASED PARTIES (DEFINED BELOW), TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). By participating in the Program, you agree to defend, indemnify, release and hold harmless the Company, Extole, as the provider of the referral service, 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, fulfillment, 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 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 any Reward or benefit in the Program. To be clear, the Released Parties shall not be liable for any technical errors or malfunctions, data theft or corruption, any printing or typographical error, or any damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program. The Released Parties shall not be liable to you for failure to supply any advertised Reward or benefit, by reason of any acts of God, any action or request by any governmental or quasi-governmental entity (whether or not valid), or any other activity or action that is beyond any of the Released Parties’ control. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $10.

Disclaimer of Warranties

THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE RELEASED PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

Bulk Distribution (“Spam”)

Each Referrer is the actual sender of the communications and must comply with applicable law. Referrals must be created and distributed in a personal manner that is appropriate and customary for communications with friends. By providing a Personal Link to your friend on Facebook, Twitter or LinkedIn, the Referrer represents that he/she has the appropriate permission and consent. Bulk email distribution, distribution to strangers, or any other use of the services described herein in a manner outside the intent of the Program is expressly prohibited and may be grounds for immediate termination and further legal action. The Company has no obligation to monitor the Program or any communications; however, the Company may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law, including anti-spam laws, are obligated to indemnify the Released Parties against any liabilities, costs and expenses they incur as a result of such spam.

Taxes

Nothing in these Terms implies any employment or joint venture relationship between you and Company. All taxes applicable to any Rewards provided by Company under these Terms will be your responsibility and Company shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation.