http://www.pimsleur.com Program Terms

Terms and Conditions

Pimsleur Language Programs Referral Program

Pimsleur Language Programs (“we”, “Pimsleur Language Programs” or “Company”) is offering you the opportunity to refer friends via a Referral Program (“Program”) offered on the web site located at http://www.pimsleur.com (the “Site”). The Program is administered on our behalf by Extole, Inc. as our service provider. We reserve the right to terminate the Program at any time for any reason.

1. Binding Agreement. By using the Site or participating in the Program, you are bound by these Terms and Conditions (“Terms”) as well as the Site’s Terms of Use [http://www.pimsleur.com/terms-of-use] and indicate your agreement to them. In the event of a conflict between these Terms and the Site’s Terms of Use, these Terms control. All of the Company's decisions are final and binding.

2. ARBITRATION NOTICE: Note that the Site’s Terms of Use contains an arbitration provision, which is incorporated into these Terms and applies to your use of the Program. Except for certain types of disputes described in the ARBITRATION section [http://www.pimsleur.com/terms-of-use#arbitration] of the Terms of Use, you and S&S agree that disputes between you and S&S will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

3. Privacy. The personal information collected, processed and used as part of the Program will be used in accordance with our Privacy Policy [http://www.pimsleur.com/privacy-policy]. The email addresses and other information you provide about other people will be used to send invitation emails on your behalf. Company or its service provider may also contact those users about their participation in the Program. You also explicitly consent to Company and its service provider sending additional and follow up communications on your behalf to encourage or remind those you have invited to complete a purchase.

4. Eligibility. You must be a legal resident of the United States of America and at least 18 years old to participate in the program. Employees of the Company or its parent or its or their subsidiaries, affiliates or promotional agencies, and members of their immediate families and households, are not eligible to participate. You agree not to send the invitation email to anyone unless they are at least 18 years old. Users may not participate in the Program where doing so would be prohibited by any applicable law or regulations.

5. How to Participate as a Referrer. To participate in the Program, visit the Site and follow the on-screen instructions to refer friends, family members or colleagues (“Friends”). The on-screen instructions will provide information regarding the specific discount that will be offered to your Friends and the specific reward you will receive for Qualifying Purchases (the “Offer”).By providing an email address, you represent that you know the Friend to whom you are sending the invitation email and that, to the extent any consent is necessary, you have consent to send the invitation email. You may refer as many people as you like, but only a maximum of 25 friends, family members or colleagues at one time. Once an individual makes a referral by sending an invitation email, he/she becomes a “Referrer” and will be provided with a unique referral link (“Personal Link”) that allows him/her to receive the benefit or reward advertised in the Offer. Personal Links will be issued only to individuals. Each Referrer will also be provided with a unique and personal “Refer-a-Friend” page or account to view the status of his/her Qualified Referrals, which will show the emails provided and rewards earned on an aggregate basis. Referrers must respect the spirit of the Program by only referring real individuals who meet the requirements of these Terms. Note that anyone who previously opted out of receiving marketing messages from us will not receive a Program email.

6. Qualifying Purchase. A “Qualifying Purchase” is a purchase made at Pimsleur.com that totals $50 or more, after the referral discount and any other applicable discounts, and excluding shipping and taxes. Note that packaged product (for example, CDs) are only available to be shipped within the United States. In addition, to count as a Qualifying Purchase:

1) The Friend must complete the purchase using the Referrer’s Personal Link. If a Friend purchases using any other link or method, the registration will not count as a Qualifying Purchase and the Referrer will not earn any credit or reward from that purchase. If a Friend returns or cancels purchase, that purchase will no longer count as a Qualifying Purchase;

2) The Friend was not previously registered with the Service under any email address or alias;

3) The Friend is at least 18 years old; and

4) Only one Qualifying Purchase can be earned for each Friend. Any additional or subsequent purchases made by a Friend will not be Qualifying Purchase.

7. Rewards. Your referred friend will receive a discount on their first purchase at the Site and, if such purchase is a Qualifying Purchase, you will receive the reward described in the Offer. Rewards are credited to you 30 days after your Friend makes a Qualifying Purchase. If your Friend returns their purchase, your will not receive any reward. You can earn a maximum of 15 rewards per calendar year (no matter how many invitation emails are sent to Friends). Company reserves the right to substitute a reward of equal or greater value at any time in its sole discretion. Restrictions and additional terms may apply. For example, if the reward is in the form of a gift card, gift certificate or voucher, it may be subject to the issuer’s terms and conditions, potentially including expiration dates. Rewards are subject to verification. The Company may delay a reward for the purposes of investigation. No reward will be issued upon death, termination of program or if you are expelled from program. Rewards will be sent by email to the email address provided upon registration for the program. Pimsleur is not responsible for rewards that are not delivered or received. You are responsible for ensuring that you have provided an accurate email address. Unless otherwise stated, rewards have no monetary value and may not be redeemed for cash. They are not transferable and may not be copied, auctioned, traded, bartered or sold. Any other use constitutes fraud. Cannot be combined with other offers. Void where prohibited by law.

8. 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 Purchase is verified or a Reward is earned pursuant to these Terms.

9. Restrictions. Referrers must only send legitimate invitation emails to real people whom they know. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with the Company or participate in the Program as “Friends”. No user may 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. 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.

10. 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, Inc., 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, 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 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 any users for failure to supply any advertised 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.

11. Disclaimer of Warranties. THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISTTED 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 TOIMPLIED 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..

12. Bulk Distribution (“Spam”). Each Referrer is the actual sender of the emails 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, colleagues and family members. By submitting any email address as part of the Program, 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 Program Entities against any liabilities, costs and expenses it incurs as a results of such spam.

13. Sign-In Credentials. Users are responsible for providing accurate credentials and maintaining the confidentially of any sign-in credentials and are fully responsible for all activities that occur through the use of them. Users agree to notify the Company immediately if they suspect unauthorized access to their account. Users agree that the Company will not be liable for any loss or damage arising from unauthorized use of their credentials.

14. Right to Cancel, Modify or Terminate. We reserve the right to cancel, modify or terminate the Program at any time for any reason. We reserve the right to disqualify any user at any time from participation in the Program if he/she does not comply with any of these Terms or the website Terms of Use, or we believe a user has engaged in fraud or the violation of law or regulation.