Welcome to Refer A Friend, an online marketplace platform that facilitates business referrals for
friends, vendors, contractors, service providers and a variety of professional individuals and
businesses (collectively, the “Service” ). The Terms of Use shall govern all visitors to the Site and
Users of our Refer A Friend application (the “App” ) for the Refer A Friend Service. The Service is
designed to help referring members create a new income source and to gain exposure, business
opportunities and increased revenue for professional members. Through both the Site and the
App both referring members and professional members can create their personal marketplace and
grow their businesses. The Service has the capability (a) to identify outstanding referrals, to open
jobs to be performed by professional members and to track the jobs that have been completed
(each a “Job” ), (b) to provide links to other preferences of referring members, (c) to provide
messaging capabilities between members, (d) to provide Project details, (e) to track scheduling
and work progress of the referral lead projects, (f) to identify referrals and their sources and (g)
to provide electronic payment methods for the Fees shared among the Company and the referring
members. The Site allow individuals and businesses to sign up for membership in any one of three
categories: (a) referring members, (b) professional members and (c) members utilizing their
friend’s marketplace to sign up and establish a marketplace for vendors of services and products
and (d) others who may come to our Site to review its content ( “you” or the “User” ). The
professional member agrees to contribute a portion of the fee they receive from work performed
for the lead back to Refer A Friend. Refer a Friend then splits the fee received from the professional
member with the referring member (and the originator referring member if different). See,
“Referral Fees and Payments” below. Sign up and access to the platform on the Site or through
the App is free and the idea is for individuals who become referring members to encourage their
professional network of services providers and product sales sources to agree to sign up and accept
business leads. There are limited areas of the Site that you can view prior to membership to
evaluate your interest in joining as a member in any category.
The Refer A Friend service and network are operated by Refer A Friend, LLC and its affiliates, if
any (collectively, “us” , “we” , “Refer A Friend” or “the Company” ). By accessing our domain
name or viewing or by using our web site at www.referafriendapp.net, accessing our Service
through our App, or any other Refer A Friend or Refer A Friend affiliate-branded website or web
page (including, without limitation, any and all sub-domains, international versions and successors
thereof) and any Refer A Friend or Refer A Friend affiliate provided services, including, without
limitation, services provided through our mobile application or any media, devices or networks now
existing or later developed (collectively, the “Site” ), you as a User, whether or not you become a
member in any category, including any legal entity or association on whose behalf you may access
the Site, regardless of your purpose for visiting the Site, agree that you have entered into a legally
binding agreement with the Company and understand and agree, on behalf of yourself and on
behalf of any company or other legal entity which you have authority to represent, to be bound by
these Terms of Use ( “Terms of Use” or “Agreement” ) including the User Code of Conduct and
the Company’s separate Privacy Policy. In addition, you agree to honor the spirit of the concept of
the Service, and once becoming a member, you agree not to circumvent any referring member by
engaging directly with their listed professionals members. If you are accessing the Site or using
the Service on behalf of a company or other legal entity, you represent that you have authority to
bind such company or legal entity to these Terms of Use and further acknowledge and signify that
you have read, and also agree to utilize electronic signatures and click button methodology to
indicate such agreement to the Terms of Use. If you do not want to register as a member of Refer
A Friend and become a User of our Service, do not proceed with completing the account information2
to open an account as a member. If you do not agree to abide by these or any future Terms of
Use, then do not use or access (or continue to use or access) the Service or the Site.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT
INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE
RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility and Membership
Membership to Refer A Friend as a referring member, professional member or as a member utilizing
their friends’ marketplace may be made by you if you meet the eligibility requirements and provide
Registration Data (defined below) and other information through our Site as requested by the
Company. Membership in the Service is void where prohibited. This Site is intended solely for users
who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by
anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the
Service or the Site, you represent and warrant that you (a) are 18 or older, (b) are not currently
restricted from using the Services or otherwise prohibited from having a Refer A Friend membership
account, (c) will only maintain one Refer A Friend membership account at any given time, (d) are
not a competitor of Refer A Friend or will not use the Services in any manner to compete with the
Company, (e) you have all lawful power and authority to enter into this Agreement and agree to
and to abide by all of the terms and conditions of this Agreement and (f) will provide at your own
cost all equipment, software and Internet access required to access the Site and use the Service.
You also agree that following registration as a member, you will not list your contact details or
website directly on the Site platform. This allows Refer A Friend to better track communications
between its members and to notify members when a professional is message in their marketplace
that a referred member has contacted one of their listed professional members.
Referral Fees and Payments
There are no charges or fees to sign up on the Site as a member of the Service. For professional
members who receive a referred Job, you agree to pay to the Company an amount calculated as
follows: (i) 20% of the first $500 of fees and compensation received for each Job for which services
are provided or work is performed (but excluding the costs of any parts or material costs for the
services or work performed on the Job) from a referral generated through the Service or the Site;
10% of the fees and compensation received from $501 up to $10,000 for each Job for which
services are provided or work is performed (but excluding the costs of any parts or material costs
for the services or work performed on the Job) from a referral generated through the Service or
the Site; and (iii) 5% of the fees and compensation received above $10,000 for each Job for which
services are provided or work is performed (but excluding the costs of any parts or material costs
for the services or work performed on the Job) from a referral generated through the Service or
the Site (collectively, the “Referral Fee” ). The Referral Fee is to be paid by you as a professional
member to the Company within 21 days of the day that you as the professional member receive
payment from the customer for the Job. The Referral Fee will then be split by the Company as
follows: (i) the referring member of the professional member who performed the Job receives 50%
of the Referral Fee, and (ii) the Company receives 50% of the Referral Fee, unless another referring
member is the identified source for the referred Project (the “Originator” ), in which case the
Company receives 45% of the Referral Fee and the Originator receives 5% of the Referral Fee.
These payments by the Company must be made through the Stripe system on the date when the
Referral Fee is received by the Company. The Company has established an affiliation with Stripe
to offer its online payment processing capabilities to the members. Each member must establish
and maintain an account with Stripe to utilize the Service. It’s the only methos to assure a member
receives any Referral Fee. Any and all processing and transaction fees for payments made through3
Stripe are paid by the professional member. The pricing for Stripe processing fees and connect
fees are set forth in the following links: https://stripe.com/pricing and
https://stripe.com/connect/pricing. Other methods may be established for processing Referral
Fees to be received by the Company and the distribution of portions of the Referral fee as set forth
above.
Registration Data; Account Security; Personal Information Collected
To become a Member, you must set up your profile online with us, and you agree that we may
assist you at our option in setting up your profile by using publicly available online information
about you for your profile with additional information that you deliver to us. You represent that
you have all lawful rights to use all the information that you deliver to us and allow us to access
for purposes of these Terms of Use. In consideration of your use of the Site, you agree (a) to
provide accurate, current and complete information about you as may be prompted by any
registration forms on the Site ( “Registration Data” ); (b) to maintain the security of your
password and identification and not allow others to access or use your membership account; (c)
to maintain and promptly update the Registration Data, and any other information you provide to
us, to keep it accurate, current and complete; and (d) to be fully responsible for all use of your
membership account and for any actions that take place using your account. For security reasons
and to help protect all Members, last names are not displayed on the Site when using the Service.
See, Privacy Policy Highlights for terms and conditions about how we use your personal data and
information.
Membership Suspension
Company may suspend User’s membership without notice if User fails to adhere to these Terms of
Use. In such event, the Service will automatically be discontinued, and User will only be able to
login to follow the protocol to reactivate the Service. No access to information or data will be
available during the suspension. Suspension will continue until the reactivation requirements and
protocol have been satisfied. The Company has the right to cancel for a violation of the User Code
of Conduct or any other reason.
Membership Cancellation
User may cancel membership at any time. Cancellation can be made by contacting the Company
through our Site. In the event of cancellation, you may request deletion of your profile information
except for information you have shared with other Users or information about you that is
incorporated into other Users information by postings, comments or other evaluations regarding
the Service.
Proprietary Rights in Site Content; Limited License
All content on the Site and available through the Service, including, if applicable, designs, text,
graphics, pictures, video, information, applications, software, music, sound and other files, and
their selection and arrangement (the “Site Content” ), are the proprietary property of the
Company, its Users, its affiliate parties, its licensors or its advertisers with all rights reserved. No
Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded,
scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part,
without the Company’s prior written permission, except that the foregoing does not apply to your
own User Content (as defined below) that you legally post on the Site. Provided that you are eligible
for use of the Site, you are granted a limited license to access and use the Site and the Site Content
and to download or print a copy of any portion of the Site Content to which you have properly4
gained access solely for its intended use, provided that you keep all copyright or other proprietary
notices intact. Except for your own User Content, you may not actively upload or republish Site
Content on any Internet, Intranet or Extranet site, on any server or incorporate the information in
any other database or compilation, and any other use of the Site Content is strictly prohibited. Such
license is subject to these Terms of Use and does not permit use of any data mining, robots,
scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content
other than as specifically authorized herein, without the prior written permission of Company, is
strictly prohibited and will terminate the license granted herein. Such unauthorized use may also
violate applicable laws including copyright and trademark laws and applicable communications
regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be
construed as conferring any license to intellectual property rights, whether by estoppel, implication
or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks and Copyright
“Refer A Friend” and other Company graphics, logos, designs, page headers, button icons, scripts
and service names are registered trademarks, trademarks, trade dress or copyright material of
Company in the U.S. and/or other countries, as applicable. Company’s trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain names, in connection
with any product or service in any manner that is likely to cause confusion and may not be copied,
imitated, or used, in whole or in part, without the prior written permission of the Company.
User Code of Conduct
You understand that the Service and the Site are available for your personal and commercial
business use only (depending upon the category of your membership) for the intended purposes
of the Service and Site as stated therein. You represent, warrant and agree that no materials of
any kind submitted through your account or otherwise posted, transmitted, or shared by you on
or through the Service will violate or infringe upon the rights of any third party, including copyright,
trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory
or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
• harvest or collect email addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes of sending unsolicited
emails or other unsolicited communications except as may be needed to contact other
members for the express purposes related to your use of the Service as a member;
• use the Service or the Site in any unlawful manner or in any other manner that could
damage, disable, overburden or impair the Site or the Company;
• use automated scripts to collect information from or otherwise interact with the Service or
the Site other than for the express purposes of your membership;
• upload, post, transmit, share, store or otherwise make available any content that we deem
to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory,
harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable;
• register for more than one User account, register for a User account on behalf of an
individual other than yourself, or register for a User account on behalf of any company or
entity other than a company or entity that you have authority to represent;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your
status as a member, the category of membership interest you hold in accordance with your
main line of business, your age or your affiliation with any person or entity;5
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized
advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,”
“pyramid schemes,” or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the Site any
private information of any third party, including, addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers except for permitted uses as
may relate to subcontractors on the Site if you are a general contractor and to general
contractors on the Site if you are a subcontractor;
• solicit personal information from anyone under 18 or solicit passwords or personally
identifying information other than for the intended use of the Service and the Site or
unlawful purposes;
• upload, post, transmit, share or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
telecommunications equipment;
• intimidate or harass any other User;
• upload, post, transmit, share, store or otherwise make available content that would
constitute, encourage or provide instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or violate any local, state, national or
international law;
• use or attempt to use another’s account, service or system without authorization from the
Company, or create a false identity on the Site or for the Service;
• upload, post, transmit, share, store or otherwise make available content that, in the sole
judgment of Company, is objectionable or which restricts or inhibits any other User from
using or enjoying the Site, or which may expose Company or its users to any harm or
liability of any type;
• Professional members agree not to circumvent the Service to directly contact referring
members or leads received through the Service; or
• Professional members agree not to communicate outside of the Service regarding any Jobs
received through the Service including prompt updates regarding the status of any
appointment, Job and payments received related to a Job.
(collectively, all such User conduct is the “User Conduct” ).
User Content on the Site
You are solely responsible for the User profile, messages, notes, text, information, listings, and
other content that you display, publish or upload in surveys or otherwise (hereinafter, “post” ) on
or through the Service or the Site, or transmit to or share with other Users (collectively the “User
Content” ), and you represent that you have obtained all consents required under applicable law
to use and post such User Content. You may not post, transmit, or share User Content on the Site
or Service that you did not create or that you do not have permission to post except for permitted
uses as are specified on the Site. You understand and agree that the Company may, but is not
obligated to, review the Site and may delete or remove (without notice) any Site Content or User
Content in its sol18e discretion, for any reason or no reason, including User Content that in the
sole judgment of the Company violates these Terms of Use, or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of Users or others. You are solely
responsible at your sole cost and expense for creating backup copies and replacing any User
Content you post or store on the Site or provide to the Company.
When you post User Content to the Site, you authorize and direct us to make such copies thereof
as we deem necessary in order to facilitate the posting and storage of the User Content on the
Site. By posting User Content to any part of the Site, you automatically grant, and you represent6
and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-
exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy,
publicly perform, publicly display, reformat, translate, prepare derivative works of, excerpt (in
whole or in part) and distribute in any way now known or in the future discovered, such User
Content for any purpose, commercial, advertising, or otherwise (excluding email addresses), on or
in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You
may remove your User Content from the Site at any time. If you choose to remove your User
Content, the license granted above will automatically expire without further notice, however you
acknowledge that the Company may retain archived copies of your User Content. Refer A Friend
does not assert any ownership over your User Content; rather, as between us and you, subject to
the rights granted to us in these Terms of Use, you retain full ownership of all of your User Content
and any intellectual property rights or other proprietary rights associated with your User Content.
The Company will not disclose User’s information except for the express purposes of the Site and/or
the Service.
Communications From Refer A Friend to You
The Company may from time to time in its sole discretion, contact you regarding routine
maintenance periods for the Site or the Service and other downtimes that may be experienced
using notice (i) through display of a banner notice on the Site, (ii) by an email to the email address
each member has provided, (iii) through your Refer A Friend account or (iv) by mobile number or
other delivery means including by postal mail service. You acknowledge and agree that the
Company shall not be liable or otherwise responsible for any consequences or results you may
experience from your failure to maintain accurate contact info with us.
Refer A Friend Member Profiles
Refer A Friend contains profiles of a large variety of service providers who have become
professional members along with referring members and other members of the Site and users of
the Service. These special profiles are to be used solely for commercial purposes. You may not set
up a Refer A Friend Member profile on behalf of another individual or entity unless you have been
properly authorized to do so. This includes Refer A Friend pages or surveys to support, critique or
criticize another person or entity.
REFER A FRIEND DOES NOT PRE-SCREEN OR APPROVE MEMBER PROFILES, AND CANNOT
GUARANTEE THAT A MEMBER PROFILE WAS ACTUALLY CREATED AND IS BEING OPERATED BY
THE PERSON OR ENTITY THAT IS THE SUBJECT OF SUCH MEMBER PROFILE NOR IS REFER A
FRIEND RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PROFILE, OR ANY TRANSACTIONS
ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY MEMBER
PROFILE, INCLUDING HOW THE OWNER OF THE MEMBER PROFILE COLLECTS, HANDLES, USES
AND/OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM REFERRALS IT RECEIVES
THROUGH THE SITE (PLEASE REVIEW THE REFER A FRIEND PRIVACY POLICY IF YOU HAVE ANY
QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL
INFORMATION). YOU SHOULD BE CAREFUL AND USE YOUR OWN JUDGMENT BEFORE PROVIDING
ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION
WITH A MEMBER.7
Refer A Friend Marketplace
The Company offers the Service through applications it has built using its marketplace platform
(the “Company’s Marketplace” ) which differ from other third-party platforms or applications.
You agree that while using a Company Marketplace or interacting with a website that has deployed
a plugin, you agree that information about you and your use of the Service, including but not
limited to your device, mobile carrier, Internet service provider, physical location, web pages
containing Company plugins that load in your browser, can be communicated to the Company. By
importing any data through the Company’s Marketplace, you represent you have authority to share
the transferred data with your Internet service provider, mobile carrier or other provider. You agree
and acknowledge that you are responsible for all charges and necessary permissions for accessing
the Site and the Services through your Internet service provider or mobile access provider.
Intellectual Property Complaints
We respect the intellectual property rights of others, and we prohibit users from uploading, posting
or otherwise transmitting on the Site any materials that violate another party’s intellectual property
rights. We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) as amended and
updated, also known as the “DMCA”. The DMCA provides a simple procedure for copyright owners
to report content that infringes their copyrights. When we receive proper notification of alleged
intellectual property infringement, we promptly remove or disable access to the allegedly infringing
material and terminate the accounts of repeat infringers. If you believe that any material on the
Site infringes upon any copyright which you own or control, you may send a written notification of
such infringement to our Designated Agent and following the procedures set forth below. Please
be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user’s
content is infringing.
To report a copyright infringement by a User, all you need to do is fill out our DMCA form. This
form is the fastest way to report a copyright infringement.
If you prefer, you can also send an email to support@referafriendapp.net. You will need to include
all the notice elements listed in the DMCA at 17 U.S.C. § 512(c)(3). You can also find these elements
listed in our automated DMCA form.
If you wish to report other claims of intellectual property infringement (i.e. non-copyright) by a
Refer A Friend User, all you need to do is fill out our automated IP infringement form.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating
membership, in appropriate circumstances and at our sole discretion, any User who is deemed to
be a repeat infringer. We may also at our sole discretion limit access to the Site and/or terminate
the memberships of any Users who infringe any intellectual property rights of others, whether or
not there is any repeat infringement.
Third Party Websites and Content
The Site may contain (or you may be sent through the Site or the Service) links or posted website
URLs to other web sites from other service providers or product sales sources ( “Third Party
Sites” ), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software and other content or items belonging to or originating from
third parties (the “Third Party Applications, Software or Content” ). You acknowledge and8
agree that the Company does not perform nor employ such individuals or companies to perform
the activities they advertise or otherwise supervise, direct, control or monitor such third parties in
the performance of these services. These Third Party Sites and Third Party Applications, Software
or Content are not investigated, monitored or checked for accuracy, appropriateness, or
completeness by us. We do not endorse nor are we responsible for any Third Party Sites accessed
through the Site or any Third Party Applications, Software or Content posted on, available through
or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of or contained in the Third Party Sites or the Third Party
Applications, Software or Content. You further agree that no employment agency or joint venture
relationship is created or exists between the Company and such third parties. Inclusion of, linking
to or permitting the use or installation of any Third Party Site or any Third Party Applications,
Software or Content does not imply approval or endorsement thereof by us. If you decide to leave
the Site and access the Third Party Sites or to use or install any Third Party Applications, Software
or Content, you do so at your own risk and you should be aware that we are not responsible for
the results or any consequences from such actions. You should review the applicable terms and
policies, including privacy and data gathering practices, of any Third Party Site to which you
navigate from the Site or relating to any applications you use or install from the Site.
Refer A Friend No Guarantees or Assurances of Job Performance by Any Professional
Member
You are solely responsible for your interactions with other Refer A Friend Users including for Jobs
and the performance by professional members. We do not provide any guarantees or assurances
as to the quality or grade of work performed or services provided by any professional member on
a Job. Users are responsible to conduct their own due diligence and investigation of any
professional member before engagement for a Job. The Company makes no guaranty, warranty
or assurance as to the quality or performance by a professional member for any Job. Any
engagement for a Job is made at your own risk. All User members, whether it’s a referring member,
professional member or member utilizing their friends’ recommendations must research and
evaluate one another to the extent they deem necessary in their sole discretion before engaging
for a Job.
User Disputes and Other Complaints
We reserve the right, but have no obligation, to monitor disputes between you and other Users.
For complaints or disputes, you can provide notice to the Company via email at
support@referafriendapp.net. We expect to respond in a reasonable manner to your queries but
have no obligation and make no assurances that we can resolve any complaints or disputes to your
sole satisfaction. The Company’s only role with regard to any dispute is expressly limited to acting
as a neutral third-party facilitator to assist in mediating a resolution between the disputing parties.
The Company has no obligation to resolve any dispute.
Privacy Policy Highlights
We care about the privacy of our Users. Click here [LINK] to view the Refer A Friend’s Privacy
Policy. By using the Site or the Service, you are consenting to have your personal data transferred
to and processed within the United States and outside the United States. Briefly, the types of
personal data we may collect are as follows:9
● Contact details such as your first and last name, email and mailing address, and
phone number;
● Profile data, such as username, email and password that you may establish to
create a Refer A Friend membership account, as well as any information you
choose to include in your Refer A Friend profile;
● Communications that we exchange with you, including when you contact us via
email, web app, or mobile app with questions, feedback, or reviews;
● Contact details and other data regarding vendors, contractors, service providers
and a variety of professional individuals and businesses that you list as referral
sources and who become professional members. We may use certain of this
information to customize your experience with us as part of our Services;
● Payment and transactional data needed for professional members to pay the
referral Fee and for us to distribute to referring members their portion of the
Referral Fee (including name, email address, bank account number, payment
method), social security number or EIN and your transaction history. Our payment
processors will collect the financial information necessary to process the Referral
Fee and corresponding payments in accordance with these Terms of Use and our
Privacy Policy;
● Marketing data, such as your preferences for receiving our marketing
communication;
● Advertisers, and details about your engagement with them (e.g., the marketing
emails you open and the links within them you click);
● Device data, such as your computer or mobile device operating system type and
version, manufacturer and model, browser type, screen resolution, RAM and disk
size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers
(including identifiers used for advertising purposes), language settings, mobile
device carrier, radio/network information (e.g., Wi-Fi, LTE, 5G), and general
location information such as city, state, or geographic area; and
● Geolocation data, such as GPS, IP address, and movement on certain exercise
types if you give permission for the Company to do so.
Online activity data, such as pages or screens you viewed on the Site or your membership account,
how long you spent on a page or screen, navigation paths between pages or screens, information
about your activity on a page or screen, access times, and duration of access.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party
Applications, Software or Content posted on the Site or in connection with the Service, whether
posted or caused by Users of the Site, by Refer A Friend, by third parties or by any of the equipment
or programming associated with or utilized in the Site or the Service. Although we provide rules for
User Conduct and postings, we do not control and are not responsible for what Users post, transmit
or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or
otherwise objectionable content you may encounter on the Site or in connection with any User
Content or Third Party Applications, Software or Content. The Company is not responsible for the
conduct, whether online or offline, of any User of the Site or Service.10
The Site and the Service may be temporarily unavailable from time to time for maintenance or
other reasons. Company assumes no responsibility for any error, omission, interruption, deletion,
defect, delay in operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, User communications. The Company is not responsible for
any technical malfunction or other problems of any broadband or fiber network or service,
computer systems, servers or providers, computer or mobile device equipment, software, failure
of email on account of technical problems or traffic congestion on the Internet or at any Site or
combination thereof, including injury or damage to User’s or to any other person’s computer,
mobile device, or other hardware or software, related to or resulting from using or downloading
materials in connection with the Internet and/or in connection with the Service, including any
mobile client software. Under no circumstances will the Company be responsible for any loss or
damage, including any loss or damage to any User Content or personal injury or death, resulting
from anyone’s use of the Site or the Service, any User Content or Third Party Applications, Software
or Content posted on or through the Site or the Service or transmitted to Users, or any interactions
between Users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED
“AS-IS” AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE
COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE
OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES
NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE
SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT
OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM
APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU
SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE,
CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND
DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE
THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE
(INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM
APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR
COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or
contained in the Site and any Services and platform applications offered through the Site at any
time without notice. Reference to any products, services, processes or other information, by trade
name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof, or any affiliation therewith, by the Company. The
Company can change the amount of the Referral Fee and how it is calculated with prior notice or
with any User’s consent (as it would apply to such User). Except as expressly set forth in these
Terms of Use, the Company has no responsibility regarding any relationship between members
including any Jobs denied or the failure to admit any professional member into a marketplace.
Limitation on Liability
USE OF THE SITE AND THE SERVICE ARE PROVIDED “AS IS, WHERE IS”, AS AN
ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE. IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS11
OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM
APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH
OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP
OR THE TIME THAT YOU USED THE SITE OR THE SERVICE, BUT IN NO CASE WILL THE
COMPANY’S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID
TO THE COMPANY FOR USE OF THE SITE OR THE SERVICE, YOU SHALL BE LIMITED TO
INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE
ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY, REGARDLESS OF THE CAUSE OF
ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN STATES HAVE LAWS OR REGULATIONS IN PLACE
THAT DO NOT ALLOW FOR THE PAYMENT OF REFERRAL FEES CONTEMPLATED BY THE SERVICE.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES RELATED TO SUCH
PROHIBITIONS and EXPRESSLY DISCLAIMS ANY LIABILITY FOR SUCH VIOLATIONS OR
PROHIBITIONS. NOTICE IS HEREBY PROVIDED THAT THE REFERRING MEMBER AND THE
PROFESSIONAL MEMBER HAVE THE RESPONSIBILITY TO VERIFY THAT REFERRAL FEES CAN BE
PAID USING THE COMPANY’S MARKETPLACE AND THE SERVICE.
Termination
The Company may terminate your membership, delete your profile and any content or information
that you have posted on the Site or through any platform application and/or prohibit you from
using or accessing the Service or the Site or any platform application (or any portion, aspect or
feature of the Service or the Site or any platform application) for any reason, or no reason, at any
time in its sole discretion, with or without notice, including if it believes that you are under age 18.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of Arizona,
without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of
any sort that might arise between you and the Company or any of our affiliates. With respect to
any disputes or claims not subject to arbitration (as set forth below), you agree not to commence
or prosecute any action in connection therewith other than in the state and federal courts of
Arizona, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of
Arizona.
Arbitration
YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD
TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES,
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS
RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE
SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE
FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any12
manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent,
copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct
rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at
law and that injunctive or other appropriate relief may be sought in the state and federal courts of
Arizona, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and
forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of
Arizona.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the
“AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s
Supplementary Procedures for Consumer Related Disputes ( the “AAA Consumer Rules”)
(collectively the “AAA Rules”). The location of the arbitration shall be in Maricopa County, Arizona
and the allocation of costs and fees for such arbitration shall be determined in accordance with
such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for
consumer disputes). The arbitrator’s award shall be binding and may be entered as a judgment in
any court of competent jurisdiction .
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE
TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY
ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE,
AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim,
action or proceeding by you related in any way to the Site and/or the Service (including your visit
to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of
action arose.
Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their
directors, officers, members, manager, agents, contractors, partners and employees, harmless
from and against any loss, liability, claim, demand, damages, monetary penalties, settlement costs,
other costs and expenses, including reasonable attorney’s fees, related to all third party claims,
charges, regulatory matters and other investigations caused by or arising out of or in connection
with any User Content, any Third Party Applications, Software or Content you post or share on or
through the Site or your use of the Service, your conduct in connection with the Service or the Site
or with other Users of the Service or the Site, or any violation of this Agreement or of any law or
the rights of any third party.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other
information about the Site or the Service ( “Submissions” ), provided by you to Company are non-
confidential and shall become the sole property of the Company. The Company shall own exclusive
rights, including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any purpose, commercial or otherwise, without
acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms “includes” , “including” , “e.g.” , “for example” , and other
similar terms are deemed to include the term “without limitation” immediately thereafter. Terms
used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to
them in these Terms of Use.13
Entire Agreement and Amendments
These Terms of Use constitute the entire agreement between you and the Company regarding the
use of the Site and/or the Service, superseding any prior understandings and agreements between
you and the Company, whether written or oral, relating to your use of the Site or the Service. The
failure of Company to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision in that or any other instance. If any provision of these
Terms of Use shall be held invalid or deemed unlawful, void or for any reason unenforceable, then
that provision shall be deemed severable from these Terms of Use and shall not affect the validity
and enforceability of any remaining provisions. We reserve the right, at our sole discretion, to
change, modify, add, or delete portions of these Terms of Use at any time with notice (i) through
display of a banner notice on the Site, (ii) by an email to the email address each member has
provided, (iii) through your Refer A Friend account or (iv) by mobile number or other delivery
means including by postal mail service. Your continued use of the Service or the Site after notice
of any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to
abide by these or any future Terms of Use, then do not use or access (or continue to use or access)
the Service or the Site. To the extent that anything in or associated with this Site is in conflict or
inconsistent with these terms and conditions, these Terms of Use shall take precedence.
Language
You agree that the English versions of these Terms of Use and the Privacy Policy and other
documentation shall govern your relationship with the Company.
Notice
We may notify you through postings at www.referafriend.net and we can be contacted here
support@referafriendapp.net. Out mailing address is 10168 East Bayview Drive, Scottsdale, AZ
85258 where we will accept service of process.
Assignment and Delegation
No User may assign any rights or delegate any duties or obligations under these Terms of Use.
Any assignment or delegation shall be void and ineffective. However, the Company may freely
assign its rights and delegate its duties and obligations under these Terms of Use including the
substitution by unilateral novation to any third party upon written notice to you.