Terms and Conditions

PLEASE READ THE FOLLOWING CUSTOMER REFERRAL PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN THE CUSTOMER REFERRAL PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCES OF ALL THE PROGRAM TERMS AND CONDITIONS.

We are excited that you are choosing to participate in the Your Health Advisor customer referral program. Your participation in and use of the program is strictly subject to the program terms and Your Health Advisor terms. If you have any questions, please feel free to contact us at any time.

Participant Acceptance and Termination

We can and will make all determinations regarding participation in the program. We reserve the right to terminate your participation in the program at any time for any reason or no reason, to the extent permitted by law, upon written notice to you. Any written notices required or permitted to be given by Your Health Advisor hereunder may be delivered by email. This program does not extend to Medicare Clients under any circumstance. By participating in the program, you consent to delivery of all program-related notices and information by email to the email address you have registered with and acknowledge that you have the necessary equipment (hardware and software) to receive such emails.

Qualified Referrals and Payment

Qualified referrals must (i) be new customers to Your Health Advisor: for purposes of the program, “new customer” is the referred person; “new customer” does not include either (1) a person or organization who is a current or pending customer (2) a person or organization who was a customer within the 30 days immediately prior to the date a referral email invitation was generated by referral program to that person; (ii) satisfy all enrollment requirements; (iii) enroll by phone call or text message before January 15th, 2023. Eligible participants are defined as (a) the “new customer” and (b) the person who referred the new customer. Eligible participants will be issued either (a) a gift card to the store of their choosing or (b) (i) a digital Visa Card. The amount of such gift card or Visa Card will be determined based upon the current offer at the time of the applicable qualified person’s enrollment. The prepaid gift card or visa card amount offered may be changed at any time prior to enrollment of a qualified referral without notice to you or your referrals. The http://referralprogram.yourhealthadvisor.info page will contain up-to-date information regarding the current offered gift card or Visa Card amount. Such gift card or visa will be sent out as soon as the qualified referral has met all requirements and appears as active. By participating in the program, you agree that we shall make the final determination as to whether any referral meets all requirements to be considered a qualified referral. Participants in the program shall be limited to a total incentive equal to $1000 per calendar year. $1000 includes all bill credits earned through the referral program as well as all other bill credits or monetary rewards earned through any special customer promotion during the applicable calendar year. From time to time, there may be limited-time promotions that provide for increased incentive payments. They are subject to change without notice to you by updating the information on the http://referralprogram.yourhealthadvisor.info page. We are not obligated to, and will not release to you the reasons why a particular referral has not been deemed a qualified referral.

CAN-SPAM Act Compliance

Your Health Advisor complies with the federal CAN-SPAM Act and honors requests of consumers and customers who choose to opt out of receiving marketing emails or texts. Accordingly, if you designate a referral phone number or email that has previously opted out of receiving our marketing emails, that email address will not be sent an email or text. Your Health Advisor is not required to notify you if an email is not sent.

GDPR Compliance

By submitting the form on the http://referralprogram.yourhealthadvisor.info page, you (1) certify that you and your contact both live in the United States and are not subject to European Union privacy laws (2) give Your Health Advisor permission to retain your name and email address for any subsequent reward fulfillment. Submitting the above form does not subscribe you to marketing emails from Your Health Advisor: In the spirit of transparency and privacy, Your Health Advisor: will use information collected through this form in the following ways: 1) Your Health Advisor. 2) Your Health Advisor: will retain records of the prospect name, prospect email, prospect phone number, associated referrer name, and associated referrer email indefinitely. This personally identifiable data will only be visible to program administrators and will only be used for this purpose. Your Health Advisor: will comply with any written request from a prospect or referrer to delete their own personal information before that date sent to info@yourhealthadvisor.info or via written mail to 110 Montecillo Blvd, Suite 2C, El Paso, Tx 79932.

Trademarks

Other than with respect to materials provided to in connection with your participation in the program, your status as a participant in the program does not entitle you to use any trademarks, copyrighted materials, patents, names, logos or other intellectual property owned or licensed by Your Health Advisor: or its respective affiliates.

Indemnification

By participating in the program, you agree to and will indemnify and hold our business, its parent, and their respective affiliates harmless from and against any damages, costs, expenses, claims, or liabilities of any kind, including third-party claims, whether pending or threatened, including without limitation, attorneys’ fees and court costs, incurred by any of them arising out of or related to your participation in the program or breach of these Program Terms.

Warranty Disclaimers; Limitation of Liability

YOU EXPRESSLY AGREE THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. THE PROGRAM IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER Your Health Advisor: NOR ANY OF ITS AFFILIATES, THROUGH THESE PROGRAM TERMS, MAKES ANY WARRANTY REGARDING THE PROGRAM, AND EACH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OUR BUSINESS, ITS PARENT OR ANY OF THEIR RESPECTIVE AFFILIATES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA AS A RESULT OF CLAIMS, WHETHER BROUGHT IN CONTRACT OR TORT, ARISING OUT OF OR CONNECTED WITH THESE PROGRAM TERMS OR THE PROGRAM, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Amendments

These Program Terms may be altered, changed, modified or assigned by Your Health Advisor: at any time by providing notice to you. Your participation in the program at any time after our business provides you with such notice of changes will constitute your agreement to such changes.

Acceptance and Jurisdiction

By participating in the program, you agree that you have read, understand and will abide, and be bound, by these Program Terms. These Program Terms shall be governed in all respects in accordance with the laws of the State of Texas without regard to the conflict or choice of law rules thereof. The federal and state courts Texas shall have exclusive jurisdiction over any dispute arising hereunder and by participating in the program you consent to same.

FTC 16 CFR Part 255 Compliance

Your Health Advisor: complies with the Federal Trade Commission’s 16 CFR Part 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising”. Accordingly, if you make any post on any social network (such as Facebook, Twitter, Instagram, Pinterest, or LinkedIn) as a part of this program, you must at a minimum include either “This is a paid endorsement” or “#paidad” in any social network posts you make as a part of this program. You are responsible for ensuring that your posts on any social network comply with the terms of use of the site, and any other applicable laws, statutes, and regulations.