- What information Referrizer collects from you;
- How Referrizer and Clients use and may disclose information obtained through any of the Referrizer Access Portals or the Services;
- What choices you have about how Referrizer and Clients treat your information;
- How Referrizer and Clients protect your privacy;
- What Referrizer and Clients do about children visiting the Referrizer Application; and
- HIPAA Privacy Policies
- How comments you may make are handled
- How you can contact Referrizer and Clients.
Information Referrizer And Clients Collect From You
Active Information Collection
From Clients and Prospective Clients. Referrizer actively collects information from Clients and prospective Clients who visit our Website or who become a Client by accepting the Merchant Terms, both (i) by permitting them to communicate directly with Referrizer through the Website, via email, or otherwise and (ii) when they sign up (on the Website or otherwise) to become a Referrizer Client. Some of the information that a Client submits that is required for such Client to register to become a Client could identify the Client and its officers, such as business name and address, credit card or bank information (for billing purposes), type of business, telephone number, email address, zip code and names of responsible officers or employees. We refer to such information as “Identifiable Business Information.” In addition, Client may be asked to answer additional questions that are optional (“Optional Information”).
From Consumers and Other End Users. Referrizer actively collects information from our visitors both by asking specific questions, by allowing you to upload information through other tools (such as Facebook Connect), and by permitting you to communicate directly with us through the Website, via email or otherwise. If you sign up to use the Services, via any Referrizer Access Portal, or if a Client signs you up for its Customer Connections Program, some of the information that you submit (directly or via an upload), or that is submitted for you by a Client, is required to register you to use the Services. Some of such information could identify you personally, such as your first and/or last name, telephone number, email address, zip code and birthdate. Such information is called “Personally Identifiable Information.” In addition, you may answer additional questions on the registration form that are optional, or a Client may submit such information for you (“Optional Information”). Such optional questions may include demographic information and/or additional Personally Identifiable Information, such as your name (if not previously provided), gender, financial information or other information.
You will be informed which information on the registration form is optional. If you do not submit the required registration information or a Client does not submit it for you, you will not be able to use the Services. If you do not answer optional questions, you still can use the Services, but you will not be able to earn rewards that may be awarded to people who answer the optional questions and we may not be able to tailor the Services as closely to your interests.
Referrizer and Client may offer you, directly or through Facebook, Twitter, other social media sites, or other third parties, the opportunity to participate in activities related to the Services, such as responding to surveys, entering a contest or sweepstakes, playing games or providing information to our customer service representatives. If you choose to participate in such activities (when offered) Referrizer or Clients may collect additional Personally Identifiable Information or other information from you.
When you visit the Website, the Referrizer App, use the Services, or participate in activities that are part of the Services, Referrizer and Clients may collect information related to such activities. Referrizer does not intentionally collect Personally Identifiable Information about you other than (i) such information that you provide us as described above, either directly through a Referrizer Access Portal or through permissions you authorize with social media sites which are used in conjunction with the Services (e.g., Facebook, Twitter and other sites), or (ii) information submitted to Referrizer for you by one or more Clients. Referrizer may, however, keep track of your responses to Offers, visits to and purchases from Clients and associate that information with your registration information, including your Personally Identifiable Information (see “Program Information Collection,” below).
Collection and use data through Google Login (OAuth): Referrizer collects the following personal information from Clients : Google Contacts
- Client’s Google contacts:Used to synchronize the contacts Client wish to share with other users. Note that Referrizer do not store the contacts on its systems except for if Client require the contacts backup feature. Client’s Google contacts are used later for campaigns and easier interaction with Client’s customers and better marketing solution.
Sign up and Login with Google :
- Client’s Google User Info (Read Only) :Used to authenticate Client when he/she log to the application.
- Client’s Google Emails:Used to create draft email and attach the file that Client wants to send.
It is important to remind every Client that Referrizer do not retrieve any emails messages or documents from Client’s Google accounts. Referrizer only communicates with Google servers through the Gmail's API (OAuth). Client can revoke access at any time. Contacts are retrieved only for synchronization purpose and are immediately hashed. For further information do not hesitate to contact us. Information gathered this way Referrizer use to:
- Facilitate and administer business services Clients have requested through our applications.
- Populate Client’s Google Contacts data in customer management tool
- If Client provide us personal information about others, or if others give us your information, Referrizer will only use that information for the specific reason for which it was provided to us.
Passive Information Collection
As you navigate through the Website or the Referrizer App or use the Services, Referrizer may collect certain information passively (that is, information may be gathered without you actively providing the information) using various technologies and means, such as navigational data collection and geolocation data. Like most website operators, Referrizer, its advertisers and third party service providers may track IP addresses, use both session and persistent cookies, and assign Internet tags. Referrizer also automatically gathers information about the areas you visit on the Website and the Referrizer App and collects operational information about the technology you use, such as your browser, type of computer or mobile device, operating systems, Internet service provider and the domain names of the websites from which you linked to the Website or the Referrizer App and to which you go after viewing such sites. If you activate geolocation applications, Referrizer may have access to and store your geolocation information related to the Services.
In addition, when you visit the Website or the Referrizer App, Referrizer may store some information on your computer or mobile device. This information will be in the form of a cookie or similar file and will help us in many ways. For example, cookies allow us to tailor the Website, the Referrizer App and the Services or other offerings to you in a way that better matches your interests and preferences. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Referrizer and its Clients do not collect Personally Identifiable Information automatically, but we may tie information collected automatically to your previously submitted Personally Identifiable Information.
The Website and the Referrizer App may contain electronic images known as web beacons—also referred to as single-pixel gifs—that permit Referrizer and/or its Clients to count users who have visited the Website or the Referrizer App and for other related statistics—(e.g., recording the popularity of certain Website or Referrizer App content and verifying system and server integrity). Web beacons are not used by Referrizer or Clients to access your Personally Identifiable Information; they are used solely to compile aggregated statistics concerning the use of the Website and the Referrizer App. Web beacons collect only a limited set of information including a cookie number, the time and date of a page view, and a description of the page on which the web beacon resides.
The reason Referrizer collects passive information is that it helps us understand which areas of the Website and the Referrizer App are most popular, which areas may require improvement and what technologies are being used by our visitors. This information helps Referrizer to update and improve the Website and the Referrizer App and our Services. Referrizer also uses this information for security purposes, to detect and to block security breaches and to provide you with a safer online environment.
Program Information Collection
After you register with Referrizer (through a Referrizer Access Portal) or are registered by a Client, you may receive Offers from one or more Clients; may have such Offers sent to you automatically via email, mobile communications (e.g., SMS text messaging, mobile notifications), Facebook, Twitter or other social media; may be able to post those Offers on your own Facebook page to share with your friends; and/or may be able to use other tools offered by Referrizer. Referrizer may automatically keep track of all of those choices and associate them with the registration information you provided or that was provided for you by a Client, including your Personally Identifiable Information, plus any Optional Information you (or a Client on your behalf) may have provided. Referrizer may also keep track of, and associate with your Personally Identifiable Information and Optional Information, activities you engage in offline that relate to the Services, such as which Offers you respond to (for example, by purchasing the goods or services that are the subject of the Offer) and loyalty rewards you earn from offline purchases. All of the information described in this paragraph is called “Client Participation Data.” Referrizer may use Client Participation Data for a number of purposes, including keeping track of rewards points (if offered by the Client), categorizing you with respect to your response to Offers and rewards programs of each Client, and marketing goods or services of Clients, Referrizer or third parties to you, as described in Section 2. Referrizer will offer you the option not to receive such marketing messages.
If Referrizer permits certain Clients with which (or by which) you are registered to do so, such Clients may also keep track of Client Participation Data and use it as described above, including marketing goods or services of Clients, Referrizer or third parties to you, as described in Section 2. Any Client given permission to use Client Participation Data will agree to offer you an option not to receive such marketing messages.
In addition to the foregoing, Referrizer will have access to information regarding your registration with and participation in the Offers and loyalty programs offered by all Clients for which, or by which, you are registered (“Program Participation Data”). Program Participation Data may be used by Referrizer to keep track of loyalty points that you have accrued with each Client Referrizer works with, which may allow you to check all of those programs you are enrolled in on one page of the Website. Referrizer may also use Program Participation Data for purposes such as categorizing you with respect to various merchants or types of merchants, Offers and loyalty programs and for sending you marketing messages for goods or services of Referrizer or other merchants or service providers. Program Participation Data may enable Referrizer to market third party goods and services to you, as described in Section 2. Referrizer will offer you the option not to receive such marketing messages. To do so, you should go to the Website and elect not to receive marketing messages.
Third Party Information Collection
Currently, the Referrizer Technology is hosted on the Website and the Referrizer App, and also on Facebook’s platform. In the future, the Referrizer Technology could be hosted on other social media or other locations. Depending on the choices you make when you register, Offers may be sent to you through Facebook, Twitter or other social media, and additional social media applications may in the future be included with our services (e.g., geolocation information). Information related to you, your use of the Referrizer Technology and the goods and services provided by Referrizer and Clients may be available to Facebook, Twitter and other third parties such as the operators of various social media or other sites.
Referrizer and the third parties will retain personal data collected for as long as required to do what we say we will in this policy, unless a longer retention period is required by law. Customers can delete their own content.
How Referrizer And Clients Use And May Disclose Information Obtained Through The Services
Internal Use of Personally Identifiable Information
You provide Personally Identifiable Information when you register for the Services through any Referrizer Access Portal (for example, on the registration page or through an upload you authorize), and a Client may send Referrizer such information for you. Referrizer may combine any such information with Client Participation Data and/or Program Participation Data, as described in Section 1 under the heading “Program Information Collection.”
Referrizer may provide Personally Identifiable Information and Optional Information you have provided to Referrizer (directly or through an upload), or that has been submitted to Referrizer by a Client on your behalf, to certain Clients with which (or by which) you are registered, and that have been permitted such information access by Referrizer. When and if permitted by Referrizer, such Clients may use that information to send you messages, independently of the Services, about their goods and services and about the goods and services of other merchants. If you do not wish to receive such messages you may opt out of receiving them by choosing the opt-out option provided in such messages. All Clients granted such permission by Referrizer will agree not to provide your Personally Identifiable Information or Optional Information to third parties except as described in the next section.
Limited Disclosure of Personally Identifiable Information to Third Parties
Referrizer will not disclose Identifiable Business Information or Personally Identifiable Information provided by end users or Clients or that Referrizer collects in conjunction with the Services, to third parties (i.e., to parties other than Clients with which (or by which) an end user is registered) without consent, except as described below. Clients have also agreed to limit disclosure of end users’ Personally Identifiable Information to the following:
(C) if required by law or in response to any judicial order, inquiry of any administrative agency; in response to a subpoena or an inquiry from law enforcement or governmental authorities; or
(D) if Referrizer or a Client believes the release of such information is necessary to protect the rights of Referrizer or the Client (including enforcing the Merchant Terms or User Terms) or to address or prevent illegal or harmful activity.
Neither any Client nor Referrizer will have any liability for disclosure of your information resulting from actions by Facebook or other social media companies or platforms, or from errors in transmission or the unauthorized intervention of third parties.
Information that Does Not Identify Your Business or You Personally
Referrizer may provide aggregate statistics or information about its customers, sales, trends, loyalty program usage, online traffic patterns, related information or other statistical de-identified or aggregated information to third parties, but these statistics or information will not include any Identifiable Business Information or Personally Identifiable Information (“Non-Identifying Information”). Non-Identifying Information collected about end users, Clients and prospective Clients is also used by Referrizer and/or third parties we contract with to troubleshoot, operate and improve the Website, the Referrizer App and other Referrizer Technology, to assist us with marketing or ad placement, to cooperate with law enforcement activities or legal orders, to protect our rights (including enforcing the Merchant Terms and User Terms) or to address or prevent illegal or harmful activity. In addition, Referrizer may use all information submitted by end users, Clients or prospective Clients or that Referrizer collects about any of the foregoing that is Non-Identifying Information in any way Referrizer deems useful, including publishing statistics such as those described above to promote Referrizer or its Services.
Referrizer may use information that end users provide or that Referrizer collects about end users from their use of the Services or related to the Referrizer Technology, including their response to Offers from Clients, their participation in the rewards programs of Clients (if any) and/or other information, to send end users marketing messages related to goods or services Referrizer believes will be of interest to them. Such goods or services may be offered by Referrizer, Clients, or other third parties. (See description in Section 1, under “Program Information Collection.”). Such marketing messages may be sent via email, mobile communications, Facebook, Twitter, other social media or otherwise, depending on how the end user has elected to receive Notes from various Clients. End users can opt out of receiving such marketing messages through the “Settings” tab in the Referrizer App and by choosing the opt-out option provided in email messages.
Choices End Users Have About How Referrizer And Clients Use Their Information
Referrizer strives to provide Clients, and Referrizer and Clients strive to provide end users, with choices regarding the information Clients and end users provide. Referrizer has created mechanisms to provide Clients and end users with the following control over their information:
(i) You may view and modify the Identifiable Business Information or Personally Identifiable Information and/or Optional Information you submitted through the a Referrizer Access Portal, or that was submitted to Referrizer on your behalf by a Client, as follows: If you are a Client, you may modify the information you submitted when you signed up to become a Client as described in the Merchant Terms. If you are a consumer or other end user, you may modify the information you submitted when you registered, or when a Client registered you, by going to the Website. If an end user wants to stop receiving all messages through the Services, the end user will need to delete the Referrizer App from his or her mobile device, visit each social media company through which the user chose to have the Services provided (e.g., Facebook, Twitter, etc.) and delete Referrizer from each such social media company, and choose the opt-out option provided in messages sent via email. To stop receiving Notes from a particular Client (or from Referrizer itself), end users should opt out of such messages through the “Settings” tab in the Referrizer App and choose the opt-out option provided in emailed messages sent by such Client (or, in the case of Referrizer, by Referrizer). Referrizer keeps track of end users’ transactions with Clients, as well as communications about Clients that end users makes through the Referrizer Technology (e.g., posting Offers to a Facebook page, sending Offers to friends). End users cannot delete information associated with such transactions and communications.
(ii) Marketing messages from Referrizer and, when and if permitted, Clients or third parties, will contain an option for the end user to choose not to receive such messages in the future.
How Your Information Is Protected
Referrizer works hard to protect the personal information of end users, using both technical and procedural methods to maintain the integrity and security of our databases. These include the use of SSL encryption, firewalls, administrative access level controls and employee training. End users should keep in mind, however, that no Internet transmission or data storage is ever completely secure or error-free. While Referrizer believes it uses commercially reasonable security procedures, it cannot guarantee the security of any information submitted by end users, Clients or prospective Clients, information gathered about end users or information stored by Referrizer.
The safety and security of information of Clients and end users also depends on the user. Clients and end users should never share their Referrizer passwords, or any other password (including their Facebook passwords), with anyone else, and should notify Referrizer, Facebook or other relevant provider promptly if you believe your password security has been breached. Remember to log off of the Website and/or App before you leave your computer or mobile device.
The Website, Referrizer App or other sites through which end users may use the Services may contain links to other sites and/or resources over which Referrizer and Clients have no control. Referrizer and Clients make no representations or warranties with respect to the content, ownership, or legality of any such linked sites. Links to third party sites are provided solely as a convenience to end users and should not be construed as an affiliation with or endorsement by Referrizer or Clients of such third parties or any content, items, or services on third-party sites. Access and use of such other sites, including the content, items, or services on those sites, solely at the risk of the user, and neither Referrizer nor any Client has any responsibility or liability resulting from users’ access or use of such other sites. These linked sites may collect personal information from users when entering their site. Any such collecting of information is not subject to the control of Referrizer or any Client. To ensure protection of privacy, users should always review the privacy policies of the sites they visit when linking from the Website, the Referrizer App or any other site associated with the Services.
End users acknowledge and agree that neither Referrizer nor any Client has any responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources.
What Referrizer And Clients Do About Children Visiting The Referrizer Application
The Website, the Referrizer App and the Services are not intended for children under the age of 13 and are not designed to attract anyone under the age of 13. Clients who use Referrizer’s Services may sell goods or services for children that are intended to be purchased by adults. Referrizer will not knowingly collect Personally Identifiable Information from site visitors under the age of 13, and Clients have agreed that they will not knowingly collect such information. Referrizer and Clients encourage parents to talk to their children, including children between the ages of 12 and 18, about their use of the Internet and the information they disclose online. If a child of any age has provided Referrizer with Personally Identifiable Information, and a parent or guardian of that child would like this information deleted from Referrizer’s records, such parent or guardian may contact Referrizer by going to the Website and clicking on the appropriate tab. Referrizer will then use reasonable efforts to delete the child's information from our databases.
HIPAA Privacy Policies
- Referrizer, LLC conforms to the HIPAA compliance obligations of customers governed by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), under a HIPAA Business Associate Agreement as provided by the U.S. Department of Health and Human Services. Two of our main departments, Development and Customer Support, get certified each year by completing training program requirements for HIPAA for Business Associates. The most recent certifications, # 244212 and #24449 were obtained through HIPAA Exams, Inc. HIPAA EXAMS, INC. IS ACCREDITED BY THE INTERNATIONAL ASSOCIATION FOR CONTINUING EDUCATION AND TRAINING (IACET) AND IS ACCREDITED TO ISSUE THE IACET CEU. HIPAA EXAMS IS A CERTIFIED SBA 8(A) CORPORATION AND NEW YORK STATE HEALTH DEPARTMENT APPROVED PROVIDER. Certificates can be verified by visiting www.hipaaexams.com or calling 888-362-2288.
Referrizer, LLC enables our customers to communicate with their patients via email, SMS, and social media networks while adhering to HIPAA.
Referrizer, LLC protects the confidentiality of information it receives by complying with the requirements of the HIPAA Privacy Rule (pertaining to acquisition, storage, transfer and retention of PHI) and the HIPAA Security Rule (pertaining to all information acquired, maintained or transferred electronically).
As a “Business Associate” under HIPAA, Referrizer, LLC will:
- Not use or disclose protected health information other than as permitted by the customers or as required by law;
- Use appropriate safeguards (such as physical security of electronic equipment and technical safeguards) to prevent use or disclosure of protected health information;
- Report to the customer any use or disclosure of protected health information not authorized by the customer;
- Ensure that its agents, including subcontractor, to whom it provides protected health information agree to the same restrictions and conditions that apply to Referrizer, LLC; and
- Make its internal practices, books, and records available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining compliance with the HIPAA Privacy Rule.
We comply with all business associate obligations under HIPAA/HITECH, offering the highest level of service to our medical customers including those from dental, medical, and vision industries.
Our HIPAA-ready services include:
- Generate awareness with targeted promotions through email and text information
- Attract new patients by improving online reputation across the web
- Track results across all system activities to improve performance
How Public Comments Are Handled
Referrizer LLC 7860 W Commercial Blvd #741 Lauderhill, FL 33351 954-271-1439 firstname.lastname@example.org
1 Facebook and Twitter are registered trademarks of Facebook, Inc., and Twitter, Inc., respectively. Referrizer is not in any way affiliated with, partnered with, or endorsed by Facebook, Inc. or Twitter, Inc.
The Terms of Service (“Terms”) applies to all access to or use of the Referrizer websites, offerings, and services (collectively, “Services”). The Services are described in more detail in Section 3. Referrizer provides you with these Services subject to your acceptance, without any modifications of the Terms, as well as any other operating rules and policies that Referrizer publishes on its website, such as our privacy policies (collectively, the “Agreement”). By accessing one of our Services, you represent that you have reached the age of majority for where you live or that you have had a parent or legal guardian consent to be bound by these Terms.
PLEASE REVIEW THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING ONE OF REFERRIZER’S SERVICES, YOU ACCEPT THE TERMS OF THIS AGREEMENT AND IT BECOMES A LEGALLY BINDING COMMITMENT BETWEEN YOU AND REFERRIZER. IF YOU DO NOT AGREE WITH ANY PORTION OF THE AGREEMENT OR IF YOU DO NOT INTEND TO USE THE SERVICES IN ACCORDANCE WITH THESE TERMS, YOU MAY NOT ACCESS OR USE ANY REFERRIZER SERVICE; YOU SHOULD LEAVE THIS WEBSITE IMMEDIATELY BY CLOSING YOUR INTERNET BROWSER WINDOW.
We reserve the right to change these Terms from time to time, and any revised Terms will supersede prior versions. Any updates to these Terms shall be posted on this website. You acknowledge your responsibility to review our Terms from time to time and to be aware of any such changes. By continuing to use any of the Referrizer Services after we post any such changes, you accept the revised Terms.
2. The Parties
2.1. Definitions. In this Agreement, “we,” “us,” or “our” refers to Referrizer. “You,” “your,” and “Customer” refers to you personally, unless you are accessing or using our Services on behalf of an organization that does not have an existing contract with Referrizer that governs your actions. If the latter is the case, you are accepting the Terms for that organization and representing that you have the authority to bind the organization to the Terms; as such, “you,” “your,” and “Customer” will refer to the organization. If the organization already has a separate contract with Referrizer that covers your access and use of our Services, however, the contract will govern, as opposed to these Terms.
2.2. Affiliates. In this Agreement, an affiliate is an entity or person that controls a party, is controlled by a party, or is under common control with a party (such as a subsidiary, parent company, or employee). Each party to this Agreement will be responsible for the acts and omissions of their affiliates in connection with this Agreement.
3. The Services
When we refer to our Services in the Terms, we are referring to any of our platform services, including our programs, features, websites, account portals, and technical support. The Terms apply equally to any rebranded or white label version of Referrizer’s platform services.
4. Service Availability
Services described on the Referrizer Sites may or may not be available in all countries or regions of the world.
We transmit messages (through email and text) initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. Referrizer is not responsible for the final delivery of any communication initiated through Referrizer’s Services.
While Referrizer shall use commercially reasonable efforts to transmit your messages to the applicable downstream network for final delivery to your designated recipients as fast as possible, we cannot guarantee a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transmission of your messages and broadcasts across the public switched telephone network and/or Internet. You should know that communications carriers assign text messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the communications carrier without any notice. Referrizer is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Referrizer for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value.
You are responsible for obtaining and maintaining all computer hardware, software, and communications equipment needed to access the Services and for paying all access charges (e.g., Internet Service Provider, telecommunications) incurred while using the Services.
5. Deletion of Your Data
While our platform hosts some Customer data, the continued hosting and storage of your data is not guaranteed by us. Except as otherwise agreed between us in writing, we may occasionally delete your data, and we will not be liable for any damages, losses, or other consequences that you may incur as a result.
We may make additional features and products offered by third-parties (“Add-ons”) available on our Services. Your use of Add-ons available through our Services is subject to these Terms.
7. Your Account
Before you can use our Services, you must first create an account and provide us with some basic information, such as your full name, telephone number, email address, and account password. All information that you provide about yourself while maintaining a Referrizer account must be accurate, complete, and current.
You are solely responsible for all use (whether authorized or not) of our Services under your account(s). You are also solely responsible for all access to and use of your account, and for all acts and omissions of anyone that has access to it. Additionally, you agree to notify Referrizer of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.
Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account, in Referrizer’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
8. Your Use of Our Services Must Comply with the Law
You agree to use the Referrizer Services in accordance with all applicable guidelines, as well as all state and federal laws that the Services are subject to. In order to confirm your compliance with these Terms, so as to ensure that Referrizer is complying with national and international laws, we may, from time to time, periodically check the messages that you send.
8.1. Compliance with the Law. You represent and warrant that the owners of the phone numbers you initiate messages to through the Referrizer Services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if it is applicable to your messages.
You further agree that any individuals requesting opt-out status shall be immediately unsubscribed (if they haven’t done that by proposed means, established to be automated by Referrizer) and you further agree that you will not initiate any further messages to any individuals after they request opt-out status.
8.2. Agreement to Learn About and abide by the Relevant Laws. You agree to familiarize yourself with and comply with all applicable local, state, national, and international laws and regulations pertaining to your use of our Services. You are solely responsible for all acts or omissions that occur under your account, including, without limitation, the content of the messages that you create and initiate through our Services. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place certain restrictions on text messaging. Without limiting the above stated, you agree to familiarize yourself with the legal requirements triggered by any messages, calls, broadcasts, and campaigns transmitted through the Referrizer Services by visiting the following websites:
Federal Trade Commission, https://www.ftc.gov
Federal Communications Commission, https://www.fcc.gov/
National Do Not Call (DNC) Registry, https://www.donotcall.gov
Referrizer does not interpret any laws, rules, or regulations. This information is provided solely as a courtesy, and it is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, and campaigns prior to using the Referrizer Sites or Services. You are ultimately responsible to make your own informed decisions regarding your messages and campaigns.
8.3. Prohibited Uses of Our Services. You accept that our Services are provided for professional use only, and you agree that your use of our Services shall not include:
- Sending unsolicited marketing messages (i.e., spam);
- Sending any prohibited calls to life-line services, such as hospitals, fire, police, 911, or utility- related telephone numbers;
- Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;
- Harvesting, or otherwise collecting, information about others without their consent;
- Misleading others as to the identity of the sender of your messages or s by creating a false identity, impersonating the identity of someone/something else, or by providing contact details that do not belong to you;
- Transmitting, associating, or publishing any unlawful, racist, harassing, defamatory, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic, or otherwise objectionable material of any kind;
- Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, and right of publicity;
- Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots, or any other harmful or deleterious programs;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
- Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies, or procedures of such networks;
- Interfering with another's use and enjoyment of our Services;
- Engaging in any other activity that Referrizer believes could subject it to criminal or civil liability.
Referrizer will not be liable for any misuse of the Services by you. You further agree that Referrizer is, under no circumstances, responsible for the contents and/or accuracy of your messages that Referrizer will only transmit them on a basis of good faith that you use the Services in accordance with these Terms.
9. Other Limitations
The following is a list of prohibitions and limitations on your use of our Services.
9.1. Use for Emergency Services Prohibited. You will not attempt to use our Services to access or allow access to Emergency Services.
9.2. Reverse Engineering Our Software Prohibited. Except as allowed by applicable law, you will not reverse engineer, decompile, disassemble, derive, or otherwise create, attempt to create or derive, or assist anyone else to create or derive the source code of any software provided in connection with our Services.
9.3. Right to Reclaim Phone Numbers. We reserve the right to reclaim any phone number from your account and to return that number to the relevant numbering plan if your account is suspended for failure to pay or for suspected fraud, as well as if your free trial account is unutilized for more than thirty (30) days.
9.4. Referrizer Is Customer of Record. You acknowledge that Referrizer is the “customer of record” for all phone numbers provided as part of our Services. As the customer of record, we have certain rights with respect to porting phone numbers. You understand and agree that you may use the phone numbers provided as part of our Services subject to these Terms. Unless otherwise required by law, we reserve the right to refuse to allow you to port away any phone number in our sole discretion.
10. Content Submission
10.1. Confidential or Proprietary Information. You agree that any information or materials that you or individuals acting on your behalf provide to Referrizer (other than information required for your use of the Services as contemplated herein) will not be considered confidential or proprietary. Furthermore, except as otherwise required for your use of the Services as contemplated herein, you should not send any confidential or proprietary information to Referrizer via the Referrizer Sites or the email addresses referenced on the Referrizer Sites.
10.2. Your Rights in the Information. In connection with such information and materials, you warrant and represent to Referrizer that you have all rights, title, and interests necessary to provide such content to Referrizer and that your provision of the content to Referrizer does not infringe any third party’s proprietary or personal rights, including, but not limited to, any trademark, copyright, patent, or trade secret. By providing any such information or materials to Referrizer (other than information required for your use of the Services as contemplated herein), you grant to Referrizer an unrestricted, irrevocable, worldwide, royalty-free, perpetual license to use, reproduce, display, publicly perform, transmit, make derivative works of, and distribute such information and materials. You further agree that Referrizer is free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide to Referrizer.
11. Communications About Referrizer Services
11.1. Updates. Any email addresses submitted when registering for a new account to use Referrizer Services are automatically added to the Referrizer database and used to send you updates. To unsubscribe from any Referrizer, please use the proposed link to do so or email email@example.com from the email address you want unsubscribed and ask to unsubscribe.
11.2. Communications About Our Services. By creating an account with Referrizer, you agree that Referrizer may contact you via calls, text messages, or email to provide you with information about your account, transactions, and/or the Referrizer Services requested by you.
You agree to pay monthly subscription fee using your credit card or ACH Debit Authorization Form, as well as not to terminate your authorization for charges to credit card or ACH Authorization form until all fees are paid in full under the terms of this agreement unless mutually agreed upon by both parties.
You understand and accept that service will be interrupted should you become defaulted in paying fees after a 10 day grace period. You agree to bring all fees updated before service will resume.
Referrizer shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorize the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.
13.1. Using Text Credits. Text Credits are paperless vouchers that are included in some Referrizer plans or are additionally purchased by you. They facilitate the transmission of the Referrizer Texting Services where 1 credit equals 1 text message (within the character limit provided). The amount of credits required for each transmission of our Services will depend on the length of the text (number of characters) and any special characters you use. The submission of a seemingly-valid message will cause an associated quantity of credits to be debited from your account, and you can obtain the real-time status of your account at any time through the online interface. Additionally, any variables you use, such as First Name, for example, will cause the variation in the character count and may impact the final number of credits used. The price of additional credits may change over time as the cost of transmission changes. The pricing information, however, will be made known through the Referrizer platform before you make a purchase.
13.2. Expiration of Credits. Credits purchased as a part of a package or monthly plan and not used within the month of purchase expire at the end of the month. Individual additional credits purchased through your account do not expire.
13.3. Right to Offer Customized Plans. Notwithstanding the above, we may, in our sole discretion, offer customized plans that provide for individualized terms concerning credit expiration, billing cycles, account maintenance fees, and other agreed-upon terms. We reserve the right to do so without publicly listing the pricing for these customized plans on our Sites.
14. Fee Disputes
You must notify us in writing if you dispute any portion of any fees paid or payable by you under this Agreement. You must provide that written notice to us within ninety (90) days of the applicable charge, and we will work together with you to promptly resolve the applicable dispute. If you do not provide us with this written notice of your fee dispute within this 90-day period, you will not be entitled to dispute any fees paid or payable by you.
15. No Warranty; Limitation of Liability
Referrizer reserves the right to modify, suspend, or discontinue the offering of any of the Referrizer Services at any time and for any reason without prior notice. Further, while Referrizer utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, we cannot guarantee the security or integrity of the data and shall not be liable for breaches of security or integrity, third-party interception in transit, or any damage caused to your computer or other property by your use of the Referrizer Services.
You acknowledge that text messages are transmitted unencrypted and that eavesdropping of communications by third parties is possible. Referrizer recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
Referrizer shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. Referrizer will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs); for any act or omission of a third party (including those vendors participating in Referrizer offerings made to you); for equipment that we do not furnish; or for damages that result from the operation of customer-provided systems, equipment, facilities, or services that are interconnected with the Service.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE REFERRIZER SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS,REFERRIZER DOES NOT WARRANT THAT THE USE OF THE REFERRIZER SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED, TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., HACKING), NOR SHALL REFERRIZER BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. REFERRIZER ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICES OR THAT THE REFERRIZER SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS.
REFERRIZER SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE REFERRIZER SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING OF EQUIPMENT, SOFTWARE, OR DATA, REFERRIZER IS NOT RESPONSIBLE FOR THOSE COSTS. REFERRIZER'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE REFERRIZER SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO REFERRIZER HEREUNDER.
16. User Warranties; Indemnification
You warrant and represent to Referrizer that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder and that nothing contained in these Terms or in the performance of these obligations will place you in breach of any other contract or obligation. You further warrant and represent that you are and shall at all times remain in full compliance with all applicable laws, rules, and regulations with regard to your use of the Referrizer Services, including, without limitation, the TCPA, the Telemarketing Sales Rule, the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, and all other laws and regulations concerning privacy, telemarketing, and Internet marketing.
You agree to indemnify and hold harmless Referrizer and our affiliates, as well as each of their respective officers, directors, shareholders, employees, agents, contractors, representatives, content providers, and service providers, from and against any and all losses, claims, obligations, liabilities, damages, settlements, costs, and expenses (including, but not limited to, consequential damages, incidental damages, special damages, disbursements, and attorneys’ fees, including attorneys’ fees incurred from counsel selected by Referrizer in its sole discretion) arising from or relating to any actual or threatened claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action based upon or arising out of your activities under these Terms or your acts or omissions in connection with any use by you, an account belonging to you, or a computer under your control, of the Referrizer Services. You acknowledge and agree to be held liable for any and all damages caused to Referrizer by you as a direct result of any violation of local, state, national, or international laws or regulations, including, but not limited to, those damages arising from your fraudulent, intentional, or unintentional harm, disability, unauthorized use of, or destruction to any and all equipment, licensing, and/or services provided by Referrizer to you.
You agree to cooperate as fully as reasonably required in the defense of any claim, suit, action, proceeding, third-party discovery demand, governmental investigation, or enforcement action.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter in which you are a named party and in which we would otherwise subject to indemnification by you. You will also be liable to us for any costs and attorneys’ fees we incur to successfully establish or enforce our right to indemnification under this Section.
17. Termination, Cancellation, and/or Suspension by Referrizer
If you breach these Terms at any time, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any time and for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as one of our clients, your financial status, or the content of the messages or broadcasts originating from you.
Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and Referrizer shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have credits in your account, you shall receive back, at our discretion, a fair monetary value of such credits, save any expenses that may be incurred by Referrizer, including, without limitation, the payment of transfer duties, legal costs, third-party costs, and penalties.
The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of our Services.
18. Termination by You
You are free to terminate or cancel your use of the Services at any time.
18.1. Performance-based 30-Day Money-Back Guarantee
You have the right to receive a full refund if you submit a request at firstname.lastname@example.org within 30 days of your first signup.
In order to receive a full refund, you must meet the following conditions: attend 2 onboarding sessions with a dedicated account manager; activate one reputation campaign, one win-back campaign, and one referral campaign; you need to have installed a Website Widget with an active Offer OR activated a Landing Page using Referrizer Builder.
If you find that Referrizer is not compatible with your business, simply submit a request within 30 days with all the following conditions, and we promise to refund you 100% of your purchase.
19. Links to Other Websites
The Referrizer Sites may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Referrizer of the contents on such third-party websites. Referrizer is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
Referrizer cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Referrizer Sites, since these websites are owned and operated by independent third parties. Referrizer does not endorse any of the products/services, and Referrizer has not taken any steps to confirm the accuracy or reliability of any of the information contained on such third party websites.
Furthermore, Referrizer does not make any representations or warranties as to the strength of the security practices for storing any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. Referrizer strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Referrizer consents to your use of links to the Referrizer Sites that conform to the following requirements. The appearance, position, and other aspects of any link to the Referrizer Sites may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Referrizer nor be such as to damage or dilute the goodwill associated with the name and trademarks of Referrizer or its affiliates. Moreover, Referrizer reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
20. Security Rules
You are prohibited from violating or attempting to violate the security of the Referrizer Services and from using them to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Referrizer Services, host, or network, including, without limitation, by means of submitting a virus to, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Referrizer Sites; (d) sending unsolicited e-mail, including promotions and/or advertisements of products or services; or (e) forging any Referrizer packet header or any part of the header information in any e-mail, instant message, text message, or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We may investigate violations of these Terms, and may involve and cooperate with law enforcement authorities in prosecuting Referrizer Customers who are involved in such violations.
21. Force Majeure
Referrizer shall not be liable for any failure or delay in performing our obligations hereunder, if such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, order of any governmental authority, or any other cause beyond the reasonable control of Referrizer. In addition, Referrizer shall be so excused in the event that it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of our Services.
This contract is governed and interpreted under the laws of the State of Florida.
This Agreement constitutes the entire Agreement between the parties and supersedes any previous agreements and there are no further items or provisions, either oral or otherwise.
Access To Service
You may access the services provided through this site “Services” only if you have agreed to these Referrizer User Terms of Service (“User Terms”) and the guidelines and rules that are applicable to our Customer Connections program and that are posted on this site from time to time. Use of the Services (whether you registered for them or a Merchants signs you up with Referrizer) constitutes acceptance of these User Terms. This site and the Customer Connections program are intended for use only by people who are at least 13 years of age. By accepting these User Terms you are representing that you are at least 13 years old. If you are between the ages of 13 and 18 and your parent or guardian has any questions about your use of this site or the Customer Connections program, please ask him or her to contact us at support@Referrizer.com.
The Services are operated by the merchants listed on this site and other merchants that are participating in the Customer Connections program (each, a “Merchant”) through the services of its technical provider, Referrizer, LLC. (“Referrizer”). These User Terms are a contract between you, each Merchant and Referrizer, and can be enforced by both the Merchants and Referrizer. The words “we” and “our” refer to each Merchant and Referrizer. Any Merchant or Referrizer may refuse to offer the Services to anyone at any time, and may withdraw access to the Services from anyone at any time, in the sole discretion of either the Merchant or Referrizer
Using this site, you may sign up to receive special coupons, messages and other information (“Notes”) that may include special promotions or offers (“Offers”), which the Merchant may send through social media platforms that may include Facebook, Twitter1, and other social media services that may be included in the Services from time to time (“Social Media Tools”). You will also be able to invite friends to view Notes or Offers that you think would be of interest to them, through certain Social Media Tools. If a Merchant operates a Rewards program that allows customers to accrue points or credits, you may access your current point total and the terms of Merchant’s Rewards program through the Services.
There is no charge for the use of any of these Services, but you should be aware that rates and fees charged by third parties may apply.
How To Use The Services
In order to receive Notes and keep track of your Rewards points you should register with each Merchant that interests you and Referrizer, which you may do on this site (www.Referrizer.com), by downloading Referrizer’s mobile application (the “Referrizer App”) and registering on it, or by visiting the Merchant’s location or its Facebook page, or other Social Media Tools through which the Services may be available. In addition, one or more Merchants may send Referrizer information about you, to register you for the Services. When you register, you may be required to “Like” the Merchant. Where indicated on the registration page, you will need to provide (or one or more Merchants may provide on your behalf) certain information, which may include your telephone number, your email address, first and/or last names, zip code and birthdate (“Registration Information”). Some of the foregoing information may be optional (see following paragraph), depending on the rules of Referrizer.
In addition to the Registration Information, you may be asked to enter optional personal information on the registration page, such as your first and/or last names, gender or other information (“Optional Information”). You do not need to provide Optional Information, but if you do you may be rewarded by a Merchant, as described on the page that requests the Optional Information.
After you register, you may be offered the opportunity to receive Notes and Offers via Facebook, Twitter or other Social Media Tools, and to earn additional benefits for authorizing Referrizer to automatically check you into Social Media Tools such as Twitter and Facebook. A merchant with which you have registered and Referrizer may offer other programs or opportunities to registered users from time to time.
If you already authorized one or more Merchants to send you Notes through mobile communications (e.g., SMS text messaging or mobile notifications), you need not re-register for that service, but when you register on this site your Registration Information and any Optional Information you provide will be associated by the Merchant and Referrizer with your email address.
Content Of This Site And Notes
You understand that this site and Notes that you may receive from time to time from a Merchant contain trademarks, logos, artwork, and text that was created by or for the Merchant or Referrizer, and that is protected by trademark and/or copyright law. You agree not to use any materials from a Merchant’s Facebook page, Notes, or the websites of a Merchant or Referrizer in any way without the prior written permission of the Merchant or Referrizer, as the case may be. You may, however, post Notes (including Offers) through the tools provided for that purpose on this site or through the Social Media Tools, or forward Notes or Offers to friends.
Social Media Tools And Third Party Links
Neither the Merchants nor Referrizer control the Social Media Tools through which the Services may be provided. Further, you may have come to this site through a link from a third party or you may link from this site to a third party’s site that is not controlled by a Merchant or Referrizer (all of the foregoing, “Third Party Sites”). YOU AGREE THAT NEITHER ANY MERCHANT NOR REFERRIZER IS LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED THROUGH SOCIAL MEDIA TOOLS OR ANY OTHER THIRD-PARTY SITES. MERCHANT AND REFERRIZER ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF SOCIAL MEDIA TOOLS OR PRODUCTS OR SERVICES FROM THIRD PARTIES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE MERCHANTS AND REFERRIZER FROM ANY DAMAGES THAT YOU INCUR, AND YOU AGREE NOT TO ASSERT ANY CLAIMS AGAINST ANY MERCHANT OR REFERRIZER ARISING FROM YOUR USE OF SOCIAL MEDIA TOOLS OR PRODUCTS OR SERVICES FROM THIRD PARTIES. In connection with the foregoing release, you hereby waive Florida Civil Code Section 1542 and any similar provision in any other jurisdiction. Florida Civil Code Section 1542 states: "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."
The Roles Of Merchants And Referrizer
Disclamer Of Warranties
ALL PRODUCTS AND SERVICES, ALL NOTES AND ALL GOODS OR SERVICES OFFERED BY MERCHANTS (INCLUDING BUT NOT LIMITED TO THOSE PROVIDED WITH RESPECT TO THE OFFERS), THIS SITE, THE SOCIAL MEDIA TOOLS AND/OR ANY REWARDS PROGRAM OFFERED BY MERCHANTS OR OTHERS ARE PROVIDED “AS IS,’ “AS AVAILABLE,” AND “WITH ALL FAULTS. ” The allocation of responsibilities between Merchants and Referrizer in the preceding Section do not constitute warranties, and are stated solely to facilitate your understanding of the respective roles of the parties. THE MERCHANTS AND REFERRIZER HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Without limiting the foregoing, neither any Merchant nor Referrizer makes any representation or warranty that this site, the Social Media Tools, the Notes or Offers, any Rewards program of the Merchant or any third party (or any description thereof), any software used in the delivery of the Services (including without limitation the software developed by Referrizer) or the Technology Services are or will be accurate, complete, reliable, current or error-free, or that this site, any Social Media Tools or any such software or servers used in the delivery of the Services are free of any viruses or other harmful components. As with other sites and content you access over the internet, you are advised to exercise caution and use industry-standard means to detect and disable viruses and other harmful materials.
You agree that when you view, download or forward any content on this site, the Referrizer website, any website of a Merchant, or otherwise obtain content from or through the use of the Services or from a Merchant or Referrizer (including Notes that may be sent to you through the Social Media Tools), you do so at your own risk, and that you will be wholly responsible for your use of the foregoing and any loss of data, damages to your computer system or mobile device, or any other harm that may result from the use of the Services. Further, you understand that the information and other content available on this site, in Notes or Offers, or with respect to Rewards programs, and the technology used to formulate and deliver them, may contain errors, bugs, problems or other limitations, that you use such information and content at your own risk and should not rely upon it without verification.
Disclaimer Of Liability
NEITHER ANY MERCHANT NOR REFERRIZER, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR REPRESENTATIVES, SHALL HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF A MERCHANT’S CUSTOMER CONNECTIONS PROGRAM, THE SERVICES, THE SOCIAL MEDIA TOOLS, THE NOTES, OR THE REWARDS PROGRAMS OF A MERCHANT OR ANY OTHER PARTY.
Without limiting the foregoing,
(i) NEITHER ANY MERCHANT NOR REFERRIZER SHALL HAVE ANY LIABILITY, ON ANY LEGAL BASIS WHATSOEVER, TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, EVEN IF THE MERCHANT AND/OR REFERRIZER WAS ADVISED OF OR WAS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, and
(ii) You agree that Referrizer is not responsible for the Merchant Responsibilities described above under the heading “The Roles of Merchant and Referrizer,” and a Merchant is not responsible for Referrizer’s Responsibilities described in the same section. You agree that you will not make any allegation or take any action against either a Merchant or Referrizer based on the actual or alleged fulfillment or non-fulfillment by the other of its responsibilities. To the extent permitted under applicable law you hereby release Referrizer from any and all claims or liability related to or arising from Merchant’s Responsibilities, and you hereby release Merchant from any and all claims or liability related to or arising from Referrizer’s Responsibilities. In connection with the foregoing, you hereby waive Florida Civil Code Section 1542 and any similar provision in any other jurisdiction. Florida Civil Code Section 1542 states: “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.”
Some jurisdictions do not allow certain limitations or exclusions of damages, so some of the foregoing disclaimers and limitations may not apply to you.
You agree that without the foregoing limitations of liability, exclusions of damages, releases and waivers it would not be feasible for Merchants and Referrizer to offer you the Services without charge, that such limitations of liability, exclusions of damages, releases and waivers are fundamental elements of the basis of the bargain between you, the Merchants and Referrizer, pursuant to which the Services are offered to you, and that the Services would not be made available to you if you did not agree to such limitations, exclusions, releases and waivers.
Privacy And Security
Your Information. You understand that Referrizer and Merchants will collect information from you as part of Customer Connections program and that they may use such information for marketing purposes. One or more Merchants may provide Registration Information to Referrizer for you, which will allow you to participate in the Customer Connections program.
Your obligations. You agree not to violate or attempt to violate the security of this site or any site or system of a Merchant or Referrizer. Specifically, but without limiting the generality of the preceding sentence, you agree not to: (a) access data that is not intended for your use; (b) log on to a server or account that you are not authorized to access; (c) probe, scan or test the vulnerability of any system or network related in any way to the Services without proper authorization; (d) breach security or authentication measures; (e) interfere with service to any host, network, or other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mailbombing, or crashing; (f) send promotions and/or advertising products and/or services (other than forwarding or posting Merchant Notes as provided in these User Terms); or (g) attempt to do any of the preceding.
Accessing Your Account Through Social Media. You understand that your account information may be accessed through your Facebook or other Social Media sign-in, and that neither a Merchant nor Referrizer has any control over Facebook or any other Social Media Tools, or their sign-in processes. Merchants and Referrizer are entitled to rely on the fact that any information submitted and any request for information sent to Referrizer or a Merchant under your Facebook or other Social Media Tool sign-in was sent by you. If you believe that the confidentiality of any third-party sign-in has been compromised or that someone has accessed your account without authorization, you should immediately contact the third party responsible for the sign-in or other access control.
Termination Of Right To Use The Services
Each Merchant and Referrizer reserves the right to terminate your right to use the Services for any reason whatsoever, including but not limited to your violation of any of these User Terms or if your account has been inactive for more than one year. Upon termination of your right to use the Services, any Offers or Rewards programs may be terminated in accordance with the terms of such Offers or Rewards program. The disclaimers, limitations of liabilities, releases and waivers set forth in these User Terms shall survive any such termination.
Resolution Of Disputes
If you have a complaint or a dispute with a Merchant or Referrizer, our goal is to learn about and address your concerns promptly. If we are unable to do so to your satisfaction, we want you to have a neutral and cost effective means of resolving the issue quickly. Any complaint or dispute you may have with regard to a Merchant with respect to the Services or the products or services offered by the Merchant should be reported directly to the Merchant. Complaints or disputes that involve Referrizer may be reported to Referrizer via e-mail at Support@Referrizer.com, or by calling Referrizer’s customer service representative at 877-814-4102 between 9 am-5pm Pacific time weekdays (other than holidays).
If we cannot resolve any complaint or dispute by negotiation, such dispute (excluding claims for injunctive or other equitable relief) shall be resolved through binding arbitration. Either you, on the one hand, or the Merchant or Referrizer, on the other hand (depending on who is involved in the dispute), may initiate such arbitration by notifying the other party and the alternative dispute resolution provider (“ADR Provider”) that you, the Merchant or Referrizer wishes to initiate a binding arbitration proceeding. Such arbitration shall be handled by the American Arbitration Association or another established ADR Provider mutually agreed upon by the parties involved in the dispute. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. There shall be no authority for any claims to be arbitrated on a class or representative basis. Arbitration can decide only your individual claim or the individual claim of the Merchant and/or Referrizer. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. The party initiating arbitration can elect non-appearance-based or appearance-based arbitration. For non-appearance-based arbitration: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; and b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. For appearance-based arbitration, the arbitration shall be held at a location determined by the ADR Provider in Miami, Florida, or at such other location as may be mutually agreed upon by the parties involved in the dispute. Any judgment on an arbitration award rendered by the arbitrator (whether the arbitration was non-appearance-based or appearance-based) may be entered in any court of competent jurisdiction.
Any arbitration or action brought by you with respect to anything related to the Services must be brought, if at all, within one (1) year from the accrual of such cause of action. A printed version of these User Terms will be admissible in arbitration, judicial and administrative proceedings based upon or related to these User Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All claims you have against Referrizer, or against a Merchant with respect to the Services, must be resolved in accordance with the process described in the three preceding paragraphs. Any claim you bring or file contrary to those provisions shall be considered improperly filed and a breach of these User Terms. Should you file a claim contrary to the provisions set forth above, the Merchant or Referrizer (depending on which of them your claim was against) may recover attorneys' fees and costs up to $1,000, provided that they have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
The Services are offered through technology owned and controlled by Referrizer from its offices within the State of Florida, United States of America. Since the Services can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of Florida, by accessing this site and by using the Services, you, each Merchant and Referrizer agree that the statutes and laws of the state of Florida, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this site and the Services. Neither any Merchant nor Referrizer makes any representation that the Services are appropriate or legal in, or will be available for use in, other locations. If you use the Services from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries relating to the content of any Notes and anything purchased in response to an Offer. Unless otherwise explicitly stated, the Services, all Notes and all Rewards programs of Merchants are intended solely for use by individuals located in the United States.
Any Merchant and/or Referrizer may assign its rights and responsibilities hereunder without notice to you. If any of these User Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of these User Terms will continue in effect. Each Merchant and Referrizer reserves the right to amend or modify these User Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on this site. These User Terms constitute the entire contract between you and, Referrizer and the Merchants with respect to the subject matter hereof and supersede all other communications, written or oral, with regard to any aspect of the Services.
The failure of a Merchant or Referrizer to enforce any right or provision in these User Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by the party to be bound by such waiver. Your use of this site and the Services, however, is subject to the additional disclaimers and caveats that may appear in various Notes or in the policies of a Merchant or Referrizer we may communicate to you from time to time.
- REFERRIZER, LLC
- 1010 NE 2nd Ave, Miami
- FL 33123
- Email: email@example.com
Merchant contact information may be found on this website, on the Merchant’s website and/or Facebook page, or by contacting Referrizer.
You agree that these User Terms are binding on you. Your agreement is effective when you use any of the Services (whether you registered for them or a Merchant registers you with Referrizer) or when you click on the box in which you agree to these User Terms, whichever occurs first.
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