Terms and Conditions

Client Terms

1. Overview

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.

6. Add-Ons

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:

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 protected] 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.

12. Payments

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. Credits

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 [email protected] 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.

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.

22. Governance

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.

User Terms

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 [email protected].

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

Services

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.

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

Responsibilities of Merchants. You understand that each Merchant is responsible for the goods and services that it offers, all descriptions thereof (on its site and otherwise), the Notes and Offers that it sends from time to time, the terms of its Rewards programs (if any) and all descriptions thereof (on this site and otherwise), for honoring the terms of its Offers and its Rewards programs (if any), and for making sure that its product and service descriptions, its Notes and Offers, its Rewards program, the products and services it provides, and its business are all in compliance with applicable law. Each Merchant is responsible for its own website, the information it posts to its Facebook page and through any other Social Media Tools, and for all information and descriptions the Merchant provides to Referrizer. Each Merchant is also responsible for maintaining any information it collects about you in compliance with the applicable Privacy Policy and for the security of that information. All of the foregoing responsibilities will be referred to as “Merchant Responsibilities”.

Referrizer’s responsibilities. Referrizer provides the technology, tools and know-how that enable Merchants to use this site and the Social Media Tools, to disseminate Notes and to track, monitor, assess and adjust their Rewards programs. The foregoing responsibilities (“Technology Services”) are subject to a contract between Referrizer and each Merchant, to which you are not a party and under which you have no rights or obligations. Referrizer will have access to your Registration Information, any Optional Information you provide, your response to Notes and Offers, purchases and other habits, and your accrued Rewards points with each Merchant with which (or by which) you are registered for the Services. Referrizer is responsible for maintaining all such information it collects about you in compliance with its Privacy Policy and for the security of that information. All of the foregoing responsibilities will be referred to as “Referrizer’s Responsibilities”.

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.

The foregoing, and other disclosures about how Referrizer and Merchants use information about you, are described in the Privacy Policy associated with the Customer Connections program. Referrizer and each Merchant have agreed to operate in accordance with that Privacy Policy. Please read that Privacy Policy carefully before using this site or the Services, and before providing any Registration Information or Optional Information.

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 [email protected], 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.

Applicable Law

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.

Miscellaneous

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.

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.

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.

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