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  • Benjamins Program Terms & Conditions

    IMPORTANT: Please read this program membership agreement (”Agreement”) carefully before enrolling as a member of the OpenSpace Benjamin Referral Program (”Program”) that is being run by OpenSpace LLC (”OpenSpace “).

    This Agreement explains the terms and conditions that govern your participation in the Program.  This Agreement is between you and OpenSpace.  It is your responsibility to read and understand the terms and conditions of this Agreement.  By registering as a member in the Program (”Member”), you agree to be bound by these Program Terms and Conditions and OpenSpace’s Privacy Policy.

    I.  Program Overview

    1. This is a program designed to reward OpenSpace customers for referring other customers to qualifying OpenSpace services.  The Program details are available at www.getopenspace.com/benjamins/ (”Program Website”).
    2. Participation in the Program and the benefits that are offered to Members is at the sole discretion of OpenSpace and OpenSpace has the right to change the respective Program terms and conditions, in whole or in part, at any time with or without notice to Members.

    II.  Eligibility and Registration Requirements

    1. You must be 18 years or older to qualify for Membership in the Program.
    2. You must have Internet access and a valid e-mail address to be eligible to receive the privileges and benefits of participation in the Program.  OpenSpace is not responsible for your inability to connect to the Internet or to log into the Program Website.
    3. Employees of OpenSpace LLC, its affiliated companies, and its Agents are not eligible for participation in the Program.
    4. The person making the referral is called the “Referrer”.  As a Referrer, you must have a valid Unlimited or Team account from OpenSpace greater than or equal to $250.00 per month.
    5. The “Referee” is the customer who has been referred.  As a Referee, you must have an Unlimited or Team account from OpenSpace greater than or equal to $250.00 to be eligible for participation in the Program.  If you should cease to be an OpenSpace member or transfer your account to an ineligible plan, your account will be subject to cancellation.  Current customers who are upgrading to a new rate plan or resigning/renewing a plan with OpenSpace do not qualify to be referred as new customers.
    6. The Program is not open to OpenSpace members with the following product plans: Pay-As-You-Go Service.  The Program is not open to nonrevenue OpenSpace accounts.
    7. Members must be human: no machines, scripts, or automated services may be used to accumulate credit rewards.
    8. Each Member may maintain only one promo code in the Program.  You may not maintain multiple accounts even if you have multiple e-mail addresses and OpenSpace accounts.  Each registered account must have a unique e-mail address.  Any duplicate accounts will be subject to cancellation, and any pending credit rewards will be forfeited.
    9. Only new referrals made by registered Members are eligible to earn rewards.  This means that for a referral to be eligible to earn rewards: (a) the Referrer must already be a registered Member of the Referral Program; and (b) the Referee must become a registered Member of the program within thirty (30) days of his/her service activation date.
    10. Members must maintain their account from OpenSpace for a minimum of thirty (30) calendar days from the date they activated service and must be an OpenSpace customer at the time a referral reward is authorized in order to be eligible to receive a referral reward.

    III.  Earning/Redeeming Rewards

    1. OpenSpace may, in its sole discretion, introduce time-limited promotional offers (”Promotion”) that enable Members to earn additional rewards for the completion of actions that are specified by OpenSpace.
    2. Once a Member meets all applicable requirements for a Promotion, the designated number of rewards specified by that Promotion shall be transferred to the Member.
    3. OpenSpace is not responsible for changes to, or discontinuance of, any Promotion or for any effect on accrual of rewards caused by changes or discontinuance.
    4. You can earn a maximum of five (5) $100 OpenSpace Credit Rewards in a 12 month period, beginning with the date you were issued your first reward.  Referees, who earn their first reward for being referred, are eligible to earn four (4) additional rewards for referring others in their first year of membership in the Program.
    5. OpenSpace Credit Rewards are never redeemable for cash.
    6. OpenSpace Credit Rewards must be redeemed within a 12 month period from the time they have accrued.

    IV.  Program Guidelines on Endorsements and Testimonials

    1. Be honest and accurate.  As part of your participation in the Program, you agree and acknowledge that you are responsible for making truthful and accurate statements about OpenSpace’s services in connection with any referrals.  If you are unsure about the answer to a question about an OpenSpace service in connection with your referral, refer that person to getopenspace.com, or an OpenSpace retail location.
    2. You must disclose your relationship with OpenSpace at the outset of any referral communication.  This means you must disclose the fact that you are an OpenSpace customer at the beginning of the conversation with any potential Referee.  The disclosure can be as simple as, “I am an OpenSpace customer and this is my personal opinion.” Be sure to clearly and conspicuously make this disclosure.
    3. Disclose the fact that you may receive an OpenSpace Credit Reward for a successful referral.  You must clearly and conspicuously disclose the fact that you the Referrer and the Referee may each receive a $100 OpenSpace Credit Reward for a successful referral.
    4. By agreeing to these Program Terms and Conditions, you are agreeing to abide by these Program Guidelines on Endorsements and Testimonials (”Guidelines”).  Failure to abide by these Guidelines can result in immediate termination of your Program membership and forfeiture of any and all OpenSpace Credit Rewards.

    VI. Nontransferability of OpenSpace Credit Rewards

    1. Credit Rewards that are held in a Member’s Account may not be assigned or transferred to any third party except as expressly permitted by in writing OpenSpace.
    2. Any violations of the foregoing restriction are subject to account termination, deduction of Credit Rewards from the Member Account, and/or liability for damages and litigation and transaction costs.

    VII. Disclosure of Account Information

    1. Any personal data (for example name, address, telephone number, or e-mail address) that you transmit through this site will be governed by OpenSpace’s Privacy Policy, which is hereby incorporated by into these Terms and Conditions by reference.
    2. You authorize OpenSpace to disclose necessary information that you have provided to third parties, or information that OpenSpace has obtained about your Account: (i) to agents of OpenSpace LLC or its affiliates, such as independent auditors, consultants or attorneys; (ii) to comply with government agency or court orders or requests; or (iii) where it is necessary for fulfillment with third party suppliers.
    3. By entering into this Agreement, you authorize OpenSpace and its Suppliers to share personal information about you, including but not limited to your e-mail address, full name and address.

    VIII. Limitation of Warranty

    1. THE PROGRAM IS BEING PROVIDED TO MEMBER “AS IS” WITH NO EXPRESS OR IMPLIED WARRANTY OR CONDITION.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPENSPACE EXCLUDES ALL CONDITIONS, REPRESENTATIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THIS AGREEMENT, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, WITH RESPECT TO THE PROGRAM, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND TERMS AS TO MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES AND TERMS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
    2. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATION, WARRANTY OR OTHER ASSURANCE GIVEN OR MADE BY OR ON BEHALF OF OPENSPACE PRIOR TO THIS AGREEMENT AND YOU WAIVE ALL REMEDIES WHICH, BUT FOR THIS SECTION VIII, MIGHT OTHERWISE BE AVAILABLE TO YOU IN RESPECT OF SUCH REPRESENTATION, WARRANTY OR OTHER ASSURANCE.
    3. OPENSPACE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY OFFER PARTNERS OR SUPPLIERS IN CONJUNCTION WITH THE PROGRAM.  IN ADDITION, ALTHOUGH OPENSPACE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE PROGRAM WEB SITE, OPENSPACE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS.  IN ADDITION, OPENSPACE DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND OPENSPACE ASSUMES NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE.

    IX. Limitation of Liability

    OPENSPACE SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY DAMAGES FOR LOSS OF INCOME OR PROFITS)), HOWEVER CAUSED AND WHETHER ARISING BY STATUTE, COMMON LAW OR OTHERWISE IN CONNECTION WITH: (I) THE PROGRAM; (II) ANY FAILURE, DELAY, OR DECISION BY OPENSPACE IN ADMINISTERING THE PROGRAM; (III) THE USE OR INABILITY TO USE THIS WEBSITE; OR (IV) THE PURCHASE OR USE OF ANY MERCHANDISE, PRODUCTS, OR SERVICES OFFERED BY PARTNERS OR SUPPLIERS, EVEN IF OPENSPACE, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

    X. Termination or Changes to the Program

    1. OpenSpace reserves the right to terminate the Program at any time without notice.  Notification of Program termination may be sent to the e-mail address that has been provided to OpenSpace during the registration process, or publicized on the Program Web site.  OpenSpace will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your e-mail program, an inaccurate e-mail address, your failure to check for your e-mail or the Program website, or your failure to update your e-mail address in your Program account.
    2. OpenSpace may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification.  It is your responsibility to check the Terms and Conditions page of the Program Website regularly to determine whether this Agreement has been modified.  If you do not agree to any modification of this Agreement, you must immediately cease participation in the Program.

    XI.  Fraud; Termination of Membership

    Membership in the Program is subject to the Program Terms and Conditions.  Any failure to comply with the Program Terms and Conditions, any fraud or abuse relating to the accrual or redemption of $100 OpenSpace Credit Rewards, or any misrepresentation of any information furnished to OpenSpace or its affiliates by you, or anyone acting on your behalf, may result in the termination of your membership in the Program, cancellation of your Program account and/or forfeiture of your $100 OpenSpace Credit Reward.  In the event of fraud, misconduct, or suspected fraud or misconduct by you or anyone acting on your behalf or under your password, OpenSpace reserves the right to suspend access to your account indefinitely pending investigation.

    XII.  Disputes/Errors

    All questions or disputes regarding the Program, including without limitation, questions or disputes regarding eligibility for the Program, or the eligibility of $100 OpenSpace Credit Reward for accrual or redemption, must be submitted in writing within 90 days of the qualifying transaction, to OpenSpace, at an OpenSpace mailing address or benjamins@getopenspace.com.  Any such disputes shall be resolved by OpenSpace at its sole discretion.  All interpretations of Program Terms and Conditions shall be at the sole discretion of OpenSpace.  In the event that an error is made by OpenSpace, such error shall not constitute a breach of this Agreement, and your sole remedy shall be the credit of the disputed OpenSpace Credit Reward.

    XIII. Miscellaneous

    This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to conflicts of law rules.  If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the other provisions contained herein will remain in full force and effect.  The failure by OpenSpace to insist upon or enforce strict performance of any provision of the Agreement shall not be construed as a waiver of any provision or right.  This Agreement constitutes the entire agreement between you and OpenSpace with respect to the Program.


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