Terms and Conditions
Welcome to [HyundaiFriends.com] (the “Web Site”). This Web Site is maintained and operated by Send Me A Friend, LLC (“SMAF”) on behalf of Hyundai Motor America (“HMA”) (collectively, “we”, “our” or “us”).
Please read these Terms and Conditions (the “Terms”) carefully. By using the Web Site or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. If you do not agree with all of the Terms, you may not use any portion of the Web Site.
The Web Site is a referral service that allows you, subject to restrictions and limitations as set forth further below, to create, send, and manage customer referrals with specific Hyundai participating dealers, as well as earn Rewards, the amount of which shall be set by HMA in its sole discretion. The individuals who you refer through the Web Site are “Referrals.” As a user of the Web Site, you are a “Member” according to this agreement (“Member” or “you”). The Web Site and Referral Program (as defined below) are only available to individual persons. Corporations and associations are not eligible to be Members or to make Referrals.
In order to use the Web Site, you must:
- Be at least eighteen (18) years old and able to enter into contracts;
- Be an existing owner or lessee of a Hyundai vehicle;
- Complete the registration process;
- Reside in a Participating State (as defined below);
- Provide true, complete, and up to date contact information.
Employees, and their Immediate Family Members (as defined below), of HMA, Hyundai dealers, and all HMA vendors and agencies providing services in connection with the Web Site and Referral Program, are not eligible to participate in the Referral Program in any capacity. Such individuals are not eligible to receive any Reward. By using the Web Site, you represent and warrant that you meet all the requirements listed above, and that you will not use the Web Site in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time in our sole discretion; provided, however, that we shall, in good faith, determine any applicable Rewards due and payable to you as set forth further below. Except as expressly set forth herein, the Web Site is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Web Site requires our prior written consent.
2. Account and Password
You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We are not responsible for any losses due to stolen or hacked passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
3. Account Disputes
We do not arbitrate disputes over account ownership or account disputes. We expect that you will only access your own account and will resolve any account-related disputes directly with the other party. We will evaluate account ownership in the event of a dispute based upon the contact information listed for that account.
4. The Referral Program
As noted above, the Web Site is a referral service that allows you, subject to certain restrictions and limitations, to create, send, and manage customer referrals with specific participating Hyundai dealers as well as earn Rewards, the amount of which shall be set by HMA in its sole discretion (“Referral Program”). The Referral Program is currently only available in the following U.S. states (each a “Participating State”):
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
This availability is subject to change.
HyundaiFriends Reward amounts are subject to change without notice. Check back on this Web Site to learn about any changes to the Referral Program.
- General Eligibility. Your Referral must be at least eighteen (18) years old and able to enter into contracts, including, but not limited to, the purchase or lease of a motor vehicle.
- No Family Members. Your Referral cannot be an Immediate Family Member or someone with whom you are currently living. An “Immediate Family Member” is defined as follows:
- No Employees. Employees, and their Immediate Family Members (as defined above), of HMA, Hyundai dealers, and all HMA vendors and agencies providing services in connection with the Web Site and Referral Program, are not eligible to participate in the Referral Program in any capacity. Such individuals cannot be a Referral and are not eligible to receive any Reward.
- New Referrals and New Customers Only. Your Referral must be a new referral and a new customer of the Designated Dealership. A “new referral” is someone who has not previously been referred through the Web Site by any other individual. A “new customer” is someone who is not (i) already listed in the Designated Dealership’s data management system at the time of his/her referral, regardless of whether such person actually purchased or leased a motor vehicle from that dealership in the past or (ii) the registered owner of a Hyundai vehicle.
- Participating States/Designated Dealerships. Your Referral must be a legal resident of a Participating State and must purchase or lease a new Hyundai vehicle from a Designated Dealership (defined below) in a Participating State. When registering your Referral, you must designate one (1) participating Hyundai dealership that will be responsible for communicating with your Referral (the “Designated Dealership”). By assigning your Referral’s state and corresponding city, a list of participating dealerships within their geographic market will be populated, from which you may select the Designated Dealership.
- Eligible Vehicles. Only new United States production models of Hyundai-brand motor vehicles are eligible for purchase or lease by your Referral. Eligible Hyundai vehicles specifically do not include the following:
- Used (including Certified Pre-Owned) vehicles
- Service vehicles registered to Hyundai dealerships
- Genesis vehicles
- Timing of Purchase/Lease. Your Referral must purchase or lease his/her eligible Hyundai vehicle from the Designated Dealership within six (6) months beginning on the next day after your referral is made and entered into the Designated Dealership’s referral management system, as determined by SMAF’s records.
Consent of Referral
When you use the Web Site to refer an individual, you will be required to provide the Referral’s telephone number, and such Referral may subsequently be contacted by an employee of the Designated Dealership. Accordingly, prior to making a referral, you must inform your Referral and obtain his/her consent to being called by the Designated Dealership. By proceeding with the referral, you represent that you have obtained your Referral’s consent to being contacted by the dealer. Furthermore, you acknowledge and agree that you shall not act as agent for your Referral(s) and are not permitted to negotiate any Referral’s purchase or lease of a new Hyundai motor vehicle in connection with the Referral Program.
When your Referral purchases or leases a new Hyundai motor vehicle from the Designated Dealership within six (6) months beginning on the next day after your referral is made and entered into the Designated Dealership’s referral management system, we will send you a reward in the form of a two hundred dollar ($200 USD) check (“Reward”) in return for the referral. Your Referral must wait until the next day after you make the referral before purchasing or leasing a new Hyundai motor vehicle, or your eligibility for the Reward may be forfeited. There is no limit to the number of Rewards you may earn. However, if you earn Rewards exceeding six hundred dollars ($600 USD) in a calendar year, you are responsible for paying taxes on this income, in accordance with the “Taxes” section below. The Reward will be provided to you by mail within sixty (60) days of your eligible Referral’s purchase or lease.
Reward amounts are subject to change without notice, provided, however, that each Reward you earn shall be no less than the Reward amount set by Hyundai on the date that you provided your Referral’s information. HMA reserves the sole right to cancel, amend or revoke the Web Site and/or the Referral Program in full or in part for any reason at any time without incurring liability. We shall not be liable for any failure on our part to notify you or your Referrals that the Web Site and/or the Referral Program has been cancelled. HMA reserves the sole right to interpret these rules and shall not be bound by any previous interpretations made by HMA before or during the program.
We shall not withhold or pay any amounts for federal, state or municipal income tax, social security, unemployment or worker’s compensation. If we are required to file with the Internal Revenue Service a Form 1099-MISC, U.S. Information Return for Recipients of Miscellaneous Income, reflecting the Rewards paid to you, then you will be required to complete and submit a Form W-9 to Sponsor. You agree to cooperate with us in providing necessary tax documentation.
The Web Site, Referral Program and/or the Rewards are void where prohibited by law. We are not responsible for any failures or circumstances affecting, disrupting or corrupting the Web Site or the Rewards in any manner including, without limitation, your ability to participate in the Referral Program. Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to you (see “Rewards” above for more details). You are solely responsible for reporting such items on your tax returns and paying any associated tax liability. You may not assign or transfer any Rewards. You may not transfer or assign to any other person or permit anyone to make use of your membership in the Referral Program or earn Rewards without our written permission.
5. Proprietary Rights Owned by Us
SMAF is the owner of the Send Me a Friend platform and related technology, used on the Web Site. HMA is the owner of the customized aspects of the Web Site, including, without limitation, all copy, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Web Site may belong to third parties who have authorized us to display the materials. By using the Web Site, you agree not to copy, distribute, modify or make derivative works of any portion of the Web Site without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Web Site. We reserve all rights not granted under these Terms.
6. Proprietary Rights Owned by You
RULES AND ABUSE
8. General Rules
You promise to follow these rules:
- You must have the permission of your Referrals to submit their information to us.
- You may not use this Web Site to facilitate the dissemination of undesired referral messages.
- You may not provide false identifying information about yourself or your Referral, including, but not limited to, a false name, false age, address, or contact information.
- You may not use purchased, rented, or third-party lists of email addresses.
- You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site.
- You may not use any such automated means to manipulate the Web Site, such as automating what are otherwise manual or one-off procedures.
- You may not take any action to interfere with or disrupt the Web Site or any other user's use of the Web Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Web Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms.
- You may not frame portions of the Web Site within another Web Site.
- You may not resell use of, or access to, the Web Site to any third party without our prior written consent.
If you violate any of these General Rules or any of the Terms, then we may suspend or terminate your account. Any fraudulent referrals will be voided and, in the event of fraud, you will be disqualified from the Web Site, in addition to any other remedy we may take against you.
Decisions with respect to any Referral or Reward are in our sole and absolute discretion and all decisions by us are final and binding in all respects. We reserve the right to suspend, terminate, revalue or modify, without liability, or notice to you, all or part of the Rewards value structure and offers. We reserve the right to adjudicate all Rewards discrepancies in our sole discretion and you agree to abide by any such adjudication.
All information posted on the Web Site is subject to change without notice. In addition, these Terms may be changed at any time without prior notice. We will make such changes by posting them on the Web Site. You should check the Web Site for such changes frequently. Your continued access of the Web Site after such changes conclusively demonstrates your acceptance of those changes.
10. Reporting Abuse
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Web Site user, please report it to our abuse team at email@example.com or call 855-736-3498. If you think anyone has posted material that violates any copyrights, please notify us.
11. Compliance with Laws
You represent and warrant that your use of the Web Site will comply with all applicable laws and regulations.
12. No Warranties; Limitation on Liability:
WHILE WE USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEB SITE, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE USE OF THE WEB SITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE WEB SITE. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEB SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY LIMITATION HEREIN IS HELD TO BE UNENFORCEABLE, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR DAMAGES IN EXCESS OF TEN DOLLARS ($10).
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the amount paid by you, if any, for accessing this Web Site.
You agree to indemnify, defend and hold harmless us and our employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms or applicable law.
The foregoing release extends to all claims whether or not claimed or suspected and constitute a waiver of each and all the provisions of the California Civil Code, Section 1542 (to the extent it would be applicable), which reads as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
14. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we are entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
15. Equitable Relief
If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
16. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our employees, independent contractors, and representatives are not responsible for the behavior of any advertisers, linked Web Sites, or other Members.
You acknowledge that any information that we may disclose that is non-public, confidential or proprietary in nature, including, without limitation, trade secrets, business plans, marketing plans, technical data, know-how, processes, customer information and any other information, whether disclosed in writing or orally, which by its nature would reasonably be considered to be confidential (collectively, the “Confidential Information”) shall remain our sole property. You agree to hold Confidential Information in strict confidence, and to not disclose, deliver, distribute, demonstrate or otherwise make available Confidential Information to any third party, nor will you utilize, directly or indirectly, such Confidential Information for your own benefit, for the benefit of any third party or for any purpose other than as reasonably required to participate in the Referral Program in accordance with the terms hereof.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
20. Choice of Law
The laws of the State of California shall govern these Terms and Conditions. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE WEB SITE.
21. Force Majeure
We won’t be held liable for any delays or failure in performance of any part of the Web Site, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Confidentiality, Choice of Law, Severability, and Entire Agreement.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.
25. Amendments and Waiver
Amendments or changes to these Terms won’t be effective until we post revised Terms on the Web Site. That aside, additional terms may apply to certain features of the Web Site (the "Additional Terms"). The Additional Terms will be considered incorporated into these Terms when you activate the feature. Where there is a conflict between these Terms and the Additional Terms, the Additional Terms will control. If we do not immediately take action on a violation of these Terms, we are not giving up any rights under the Terms, and we may still take action at some point.
26. Further Actions
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
A Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Web Site. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
28. Entire Agreement
29. Class Action Waiver
You may only resolve disputes with us on an individual basis and may not bring and expressly waive bringing a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
These Terms are effective and were last updated on: May 22, 2017.