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By using the Site, you agree to
follow and be bound by the following terms and conditions concerning your
use of the Site ("Terms of Use") and our Privacy Policy. If you do not
agree with the terms of this Agreement, you may not use or access our
services.
Referral Record may
revise the Terms of Use and Privacy Policy at any time without notice to
you, by posting amended terms on this website.
Some areas of the Site may have
additional rules, guidelines or terms of use posted. If there is a
conflict between the Terms of Use and the rules, guidelines or Terms of
Use posted for a specific area of the Site, the latter shall have
precedence with respect to your use of that area of the Site or
Service.
1. Use of Website Information
You
may download, view, copy and print documents, including graphics
incorporated in the documents, that Referral Record publishes on
the Site ("The Content") subject to the following: (a) the Contents may be
used solely for personal, informational, non-commercial purposes; and (b)
the Contents may not be modified or altered in any way. Except where your
use constitutes "fair use" under copyright law, you may not otherwise use,
download, upload, copy, print, display, perform, reproduce, publish,
license, post, transmit or distribute any Content from the Site in whole
or in part without the express authorization of
Referral Record.
2. Termination of
Use
You
agree that Referral Record may, in its sole discretion, at any
time terminate your access to the Site, any account(s) you may have in
connection with the Site.
Referral Record
reserves the right to deny in its sole discretion any user access to the
Referral Record website, specific areas of the website or
functionality or features of the website and/or revoke membership without
notice at its sole discretion. Access to the Site and activity on the Site
may be monitored by Referral Record.
3.
Passwords and Security
Access to and use of
password protected or secure areas of the Site is restricted to authorized
users only. You may not share your password(s), account information, or
access to the Site. You are responsible for maintaining the
confidentiality of password(s) and account information, and you are
responsible for all activities that occur under your password(s) or
account(s) or as a result of your access to the Site with or without your
knowledge. You agree to notify Referral Record immediately of any
unauthorized use of your password(s) or account(s). Each Member must keep
their username and password strictly confidential.
Referral Record is
concerned about the protection of personal information we have collected
from you and has taken reasonable steps to prevent unauthorized access to
that information. For more information, please see
Referral Record's Privacy Policy.
Members are responsible for
providing all personal computer and communications equipment necessary to
gain access to referralrecord.com. Access to and use of
www.referralrecord.com is through a combination of an ID and a
password.
You agree to register details
about yourself that are true and that you will never impersonate any
person or entity. It is understood that all information posted publicly or
privately transmitted through www.referralrecord.com is the sole
responsibility of the individual from which content originated. You
expressly understand and agree that Referral Record shall not be
liable to you for any direct or indirect use of the
Referral Record website or services, including without limitation
any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, alteration of, or use of
records, whether for breach of contract, negligence, or under any other
cause or action. Furthermore, it is understood that
Referral Record cannot guarantee the identity of any other user or
the authenticity of any data which users may supply.
4. No Unlawful
or Prohibited Use
You agree not to
use the Site for any purpose that is unlawful or prohibited by these Terms
of Use or the rules, guidelines or terms of use posted for a specific area
of the Site. You may not access or use the Site in any manner that could
damage, disable, overburden, or impair any Referral Record
accounts, computer systems or networks. You may not attempt to gain
unauthorized access to any parts of the Site or any
Referral Record accounts, computer systems or networks. You may
not interfere or attempt to interfere with the proper working of the Site
or any Referral Record accounts, computer systems or networks. You
may not use any robot, spider, scraper or other automated means to access
the Site or any Referral Record accounts, computer systems or
networks without Referral Record's express written permission.
Unauthorized access to the Service is a breach of this Agreement and a
violation of law.
5. Note About
Children
Minors are not
eligible to use the Site, and we ask that they do not submit any personal
information to us.
6. Membership
Fees
Membership
is free for the first 30 days then a monthly fee will be apply.
Referral Record
reserves the right to modify pricing of, add to, or discontinue the
Referral Record service or any portion thereof without prior
notice.
Membership may not be sold,
assigned or transferred to any person or Entity. Members must promptly
inform Referral Record of the following: changes in the expiration
date of any credit card used in connection with the Service; changes in
home or billing address; and apparent breaches of security, such as loss,
theft, or unauthorized disclosure or use of an ID or password. Until
Referral Record is notified, by e-mail at info@referralrecord.com
of a breach in security, the member will remain liable for any
unauthorized use of www.referralrecord.com.
When you cancel your account,
no refunds will be issued.
7.
Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED
OTHERWISE, THE SITE, AND ALL CONTENT, DOCUMENTS, MATERIALS, INFORMATION,
SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS AND THAT REFERRAL RECORD DOES NOT
ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF
ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS.
REFERRAL RECORD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. REFERRALRECORD MAKES NO WARRANTY THAT: (A) THE
SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT, DOCUMENTS,
MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE
SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT,
DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES
PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
(E) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
REFERRAL RECORD ASSUMES
NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS
BETWEEN USERS.
ANY CONTENT,
DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT
YOUR OWN DISCRETION AND RISK. REFERRAL RECORD SHALL HAVE NO
RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS,
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
REFERRAL RECORD
RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME
WITHOUT NOTICE.
NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REFERRAL RECORD OR
THROUGH OR FROM THE REFERRAL RECORD SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE
AGREEMENT.
8. Limitation of
Liability
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT REFERRAL RECORD SHALL NOT BE LIABLE 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
REFERRAL RECORD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT,
DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE
CUMULATIVE LIABILITY OF REFERRAL RECORD EXCEED THE GREATER OF THE TOTAL
PAYMENTS RECEIVED FROM YOU BY REFERRAL RECORD DURING THE PRECEDING
TWELVE (12) MONTH PERIOD OR $100. FURTHERMORE, YOU AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF
THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER
THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE
PERMANENTLY BARRED.
9. Exclusions
and Limitations SOME JURISDICTIONS DO NOT
ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER,
EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY
ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS
SET FORTH IN THESE TERMS OF USE, INCLUDING THOSE SET FORTH IN SECTIONS 7
AND 8, DO NOT APPLY.
10.
Indemnity
By accepting this Terms of
Use Agreement, you agree to indemnify and otherwise hold harmless
Referral Record, its officers, employees, agents, subsidiaries,
affiliates and other partners from any direct, indirect, incidental,
special, consequential or exemplary damages resulting from i) your use of
the Referral Record; ii) unauthorized access to or
alteration of your communications with or through the
Referral Record Service, or iii) any other matter relating to the
Referral Record. Any business transactions which may arise
between users from their use of Referral Record are the sole
responsibility of the users involved.
Without limitation of the terms
and conditions set forth in our Privacy Policy, you understand and agree
that Referral Record may disclose personally identifiable
information if required to do so by law or in the good faith belief that
such disclosure is reasonably necessary to comply with legal process,
enforce this Terms of Use Agreement, or protect the rights, property, or
safety of Referral Record, its users, and the
public.
11. Privacy
Policy
Referral Record is
concerned about your privacy and has developed a policy to address privacy
concerns. For more information, please see Referral Record's
Privacy Policy.
12. Export
Restrictions/Legal Compliance for Users from
USA
You
use of the Site must comply with all applicable laws, statutes, ordinances
and regulations pertaining to your country of residence or legal
jurisdiction and to the best of your knowledge would be likely to be in
force and effect according to international
practices
13. Applicable Laws
The Terms of Use Agreement
between you and Referral Record will be governed by and construed
in accordance with the laws of the State of Illinois without regard to
conflict of laws principles. You and Referral Record
agree to submit to the jurisdiction of, and agree that venue is proper in,
these courts in any such legal action or proceeding.
14.
Copyright/Trademark Information
© Referral Record. All rights
reserved.
Referral Record is a
registered trademark of Referral Record LLC. Other names appearing
on the Site may be trademarks of their respective
owners.
15. Intellectual
Property Rights
Use
of the Site does not assign to you any intellectual property rights
whatsoever over the Site.
16. Contact
Information
If you have any questions
regarding these Terms of Use, please contact Referral Record at info@referralrecord.com.
17. The Entire Agreement
The Terms of Use Agreement
constitutes the entire agreement between you and Referral Record
and governs your use of the Referral Record Service, superseding
any prior agreements between you and Referral Record.
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