1. General Acceptance of Terms 

1.1. These Referral Terms are published by TOOTRiS (“we”‘, “us” and “our”). Our “Referral Program” is subject to and governed by the terms and conditions displayed on our website https://tootris.com/terms, and these Referral Program Terms form a binding agreement for both Referring Users (“you” or “your(s)”) and those who receive our referral invitation. By using, offering/publicizing/sharing, or accessing the Referral Program, you agree to these terms and our main Terms of Use. 

We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which rewards are earned or distributed. We reserve the right to disqualify any Referrers from participation in the Referral Program at any time at our sole discretion, including without limitation if he/she/they do not comply with any of these Terms and Conditions, our main Terms of Use, or otherwise fail to comply with any applicable laws. 

2. Eligibility 

Familial Caregivers are not eligible to take part in the Referral Program.  For all others, the following are the eligibility criteria:

You must have an active profile that is at least enrollment ready with TOOTRiS. 

Eligible Users who refer others to the Referral Program are “Referrers”. Referrers (like you) may be eligible to receive a Reward (defined below) for every qualified referral who registers with TOOTRiS and completes their account requirements to the point of being enrollment ready within 30 days of accepting the referral. Referrers must have an existing, valid TOOTRiS account that is enrollment ready or become enrollment ready within 30 days of the date when the referral was accepted. Referrers cannot refer themselves.  

To qualify, a referred user must not have previously been enrollment ready with TOOTRiS.  

3. How the Referral Program Works 

If you have an active account that is enrollment ready with TOOTRiS, you will have options to share our Referral Program with others via a unique link. Anyone who uses your unique link, registers an account, and completes their registration to the point of being enrollment ready will result in a Reward (defined below) for both you and those whom use your referral link to register with TOOTRiS.  

Making a Referral 

1. You must have an active account that is at least enrollment ready with TOOTRiS or become enrollment ready within 30 days of the date when the referral was accepted.
2. A referred user must register an account with TOOTRiS via your unique referral link and complete their TOOTRiS profile to the point of being enrollment ready within 30 days of submitted their contact information via Referral Factory. 
3. Note: The referred user must enter the same email address in the referral acceptance page (powered by Referral Factory) as when they create their TOOTRiS profile, or else the referral link won’t work. 
4. The referred user must pass our internal review process.  

Rewards and Offers 

Both you and those you refer will receive 1 (one) reward (each a “Reward”) in the form and value determined by TOOTRiS for each verified qualified referral that meets the requirements above. Rewards may be redeemed in various forms in TOOTRiS’s sole discretion, including but not limited to in the form of a VISA* gift card. Restrictions may apply. For example, if a Reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions.  

*VISA is not a sponsor of this Referral Program. Except as required by law, VISA Gift Cards ("GCs") cannot be transferred for value or redeemed for cash. GCs are issued by Giftcards.com. All VISA ®,™ & © are IP of VISA, Inc. or its affiliates. 

Delivery of Rewards & Time to Claim 

We may utilize Giftbit for the distribution of our Rewards for the Referral Program (see their Terms and Privacy at https://www.giftbit.com/terms-and-privacy/). Upon release of or direction to distribute a Reward via Giftbit, TOOTRiS will be deemed to have awarded the Rewards under this Referral Program, with the recipients assuming full responsibility for the Reward thereafter. We are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, website, Internet, or ISP availability, unauthorized human intervention, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, jumbled or delayed computer transmissions which may limit one’s ability to participate in the Referral Program, including any injury or damage to your or any other person’s computer relating to or resulting from participating in this Referral Program or downloading any materials in this Referral Program. 

If you and your referred user qualify for Reward, you must claim the Reward through the emailed instructions we provide via GiftBit withing 30 day of receiving the email. 

4. Restrictions 

4.1. Rewards are subject to verification. We may monitor your use of the Referral Program or request your ID to verify your identity before issuing rewards. TOOTRIS may delay a Reward for the purposes of investigation. TOOTRIS may also refuse to verify and process any transaction TOOTRIS deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on TOOTRIS, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents. All of TOOTRIS’s decisions are final and binding, including decisions as to whether a qualified referral, or Reward is verified. 

4.2. Rewards have no monetary value and may not be redeemed for cash. Rewards are not transferable and may not be auctioned, traded, bartered or sold. Upon termination of the Referral Program or any portion thereof for any reason, any unredeemed Rewards that have not yet been delivered to Referrers are forfeited. 

4.3. This Program cannot be combined with other TOOTRiS’ referral programs, discounts, vouchers, benefits, or incentives. By participating in this Referral Program, we may restrict you from any other promotion, program, discount, or vouchers. 

4.4. You understand and agree that you must not use referral methods that are bothersome to the recipients. Moreover, your participation in the Referral Program must not violate the applicable law, including but not limited to anti-Spam legislation, which is the mass distribution of unsolicited messages.  

4.5. TOOTRiS has no obligation to monitor the content provided by Referrers; however, we may choose to do so and block any email messages, remove any such content, or prohibit any use of the Referral Program. While TOOTRiS may be the actual sender of a referral email through this Referral Program, each Referrer must nonetheless comply with applicable law. Referrers who do not comply with the law, including antispam laws, are obligated to indemnify TOOTRiS and all of the Released Parties (defined below) against any liabilities, costs and expenses incurred as a results of such violation. 

4.6. You must not publish our Referral Program on any sites or platforms that house any Adult Content, Alcohol, Tobacco, Gambling, Games and Online Casinos, Political Content, or any form of illegal activities.  

4.7. You must only use our Referral Program for personal use and shall not use it for commercial purposes. This license is revocable at any time without notice and with or without cause. 

4.8. Use of any automated system to participate in this Referral Program is strictly prohibited, and if discovered, and will result in disqualification. Referrals generated by a script, macro or other automated means will be disqualified.  

5. Term and Termination 

5.1. This Referral Program will run until cancelled, and can be extended or restricted. We may also, in our sole discretion, notify our users that the Referral Program has ended with immediate effect. 

5.2. Any referral made before the end of the Referral Program can still participate. However, we may exclude referrals in our sole discretion made after its termination date. 

5.3. We may terminate this Referral Program at any time, including your participation or the availability of its benefits.  

6. Relationship with TOOTRiS 

6.1. You understand and agree that you are only a user of our services and/or products, and you shall refrain from implying any other affiliation or legal relationship with us.  

6.2. You understand and agree that you are never authorized to legally bind our company.  

6.3. You must never create any materials that contain our branding, trademark, (part of) our corporate identity. 

6.4. By participating in the Referral Program, you must not represent yourself in duplicate, agent, or intermediary of our company 

7. Privacy 

7.1. All personal information collected and processed as part of this Referral Program will be used in accordance with TOOTRiS’ Privacy Policy, available at https://tootris.com/privacy. Under the applicable laws and regulations, TOOTRiS shall be responsible for collecting and processing such personal information.  

7.2. You undertake to respect the privacy rights of the people you invite to our Referral Program and direct to our website.  

7.3. Personal information may be used by TOOTRiS or on our behalf, to contact users with regards to participation in the Referral Program and to receive communications from TOOTRiS or third party administrators of the Referral Program. 

8. Amendments 

We may amend the terms and conditions of our Referral Program. We may offer and/or restrict additional incentives, benefits, and programs. As a result, additional terms may apply. You agree that you are aware of those amended and additional terms. 

9. Violations and Termination 

9.1. In the event we suspect any violations of these terms or otherwise tampering with, fraud or unreasonable use of our Referral Program, we may in our sole discretion cancel the distribution of any discount, benefit, or payout.  

9.2. If you are a current or former employee, contractor, or affiliate of our company, we may restrict your participation in the Referral Program, and we may restrict or cancel your participation with immediate effect.  

9.3. You must comply with all applicable laws and regulations, and refrain from violating any third-party rights. These rights include any copyright, trademark, or other proprietary rights.  

10. Disclaimer and Indemnification 

10.1. We offer our Referral Program and its benefits only on an “as is” and “as available” basis. We may remove, change, and update the Referral Program in our sole discretion. We will never make any promises or guarantees about the content and information of our Referral Program. We disclaim our responsibility for any information that is incorrect or has errors.  

10.2. Our Referral Program is based on our best efforts. You acknowledge and agree that we can never guarantee any benefit or result from participating in the Referral Program. 

10.3. Except where prohibited, users agree that by participating in the Referral Program, they agree: (1) to be bound by these Terms the decisions of TOOTRiS, its Administrators ("TOOTRiS Entities") (if any) and/or their designees, and privacy policies; (2) to release and hold harmless TOOTRiS Entities 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, operation or administration of the Referral Program (collectively, the "Released Parties"), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in the Referral 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 the Referral Program or any Reward); and (3) to be contacted by TOOTRiS Entities via e-mail. 

10.4. Except where prohibited by law, the Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Referral Program; or (v) any printing, typographical, administrative or technological errors in any websites or materials associated with the Referral Program. TOOTRiS Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserve the right, in their sole discretion, to cancel, modify or suspend the Referral Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond TOOTRiS Entities control, corrupt the administration, security or proper play of the Referral Program. 

10.5. Except where prohibited, the Released Parties shall not be liable to any users for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, pandemic, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties' control. 

10.6. As a condition of participating in the Referral Program, and unless prohibited by law, users agree that under no circumstances will users be entitled to any awards for any losses or damages, and users hereby waive all rights to claim punitive, incidental, consequential and any other damages, and waives any and all rights to have damages multiplied or otherwise increased. A waiver of rights may not apply to you in your jurisdiction of residence. Additional rights may be available to you. 

10.7. TOOTRiS Entities reserves the right to cancel or suspend this Program should it determine, in its sole discretion, that the administration, security or fairness of this Program has been compromised in any way. 

10.8. ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE REFERRAL PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE REFERRAL PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, REFERRAL PROGRAM ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION 

10.9. THE CONTENT, INFORMATION, LINKS AND FUNCTIONALITY OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. WITHOUT IN ANY WAY LIMITING THE PRIOR SENTENCE, WORLDPAY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT (I) THE CONTENT AND INFORMATION OF THIS WEBSITE IS ACCURATE, SECURE, COMPLETE OR OTHERWISE FREE FROM ERRORS AND OMISSIONS, OR (II) THE LINKS AND OTHER ASPECTS OF THE WEBSITE ARE FUNCTIONAL. 

11. No Correspondence, Disputes and Refunds 

11.1. With regards to the distribution of Rewards, discounts, vouchers, incentives, prizes, awards or other benefits, no correspondence will be entered. Moreover, we shall never respond to any complaint or accept any dispute about the Referral Program, and the abovementioned benefits. are provided “as is” and we do not refund or exchange such benefits.  

11.2. TOOTRiS appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that TOOTRiS does not accept or consider creative ideas, suggestions, inventions, or materials ("Creative Ideas") other than those which we have specifically requested. While TOOTRiS values your feedback on the program, please be specific in your comments and do not submit creative ideas. If, despite this request, you send TOOTRiS creative ideas, TOOTRiS (i) Shall own, exclusively, all now known or later discovered rights to the creative ideas; (ii) shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any such creative ideas; and (iii) shall be entitled to unrestricted use of the creative ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. 

12. Dispute Resolution 

See our Terms of Use under “Dispute Resolution”. 

13. Miscellaneous  

These Terms and Conditions constitute the entire agreement and understanding between you and TOOTRiS with regard to the Referral Program. TOOTRiS’ failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. TOOTRiS may assign any or all of its rights and obligations to others at any time. TOOTRiS shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond TOOTRiS’ reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and TOOTRiS as a result of these Terms and Conditions or use of the TOOTRiS Referral Program. You agree that these Terms and Conditions will not be construed against TOOTRiS by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions. 

*Please note that by participating in this referral program, you will only have a legal relationship with TOOTRiS. You represent that you have read, understood and agree to be bound by TOOTRiS’s General Terms and Conditions and Privacy Policy.