Terms of Use
|
|
|
|
Terms of Use: Referral Marketing Association Web Site
ATTENTION: Your use of this Web site indicates that you have carefully read all the following provisions ("Terms") before using this Web site and that you agree and accept the Terms. If you do not accept these Terms, do not use this Web site (the "Site") or download materials from this Site.
|
|
|
|
|
Agreement to Terms of Use
This Site and ChapterTracker.com are owned and operated by the Referral
Marketing Association, a division of J.F.R. Enterprises, Inc. (referred to
herein as "Refma," "we," "us," or "our").
By using this Site, you agree to the Terms. You may only use this Site for legal purposes. Please feel free to browse the Site; however, your access and use of the Site is subject to these Terms and all applicable laws, and your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality. Refma's Privacy Policy is available through the hyperlink below and is incorporated herein by reference.
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "SUBMIT" BUTTON, YOU REPRESENT AND WARRANT TO US THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH BELOW.
Refma—in its sole discretion, and at any time—reserves the right to:
- Alter or discontinue the Site without notice to you. Refma shall not be liable to you or any third party should Refma exercise its right to alter or discontinue the Product.
- Limit, terminate or suspend your use of the Site.
- Revoke any or all access and use authorizations granted to you in regards to this Site.
- Change these Terms at any time. Such changes are effective immediately upon posting on this Site, and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. You manifest intent to accept these amended terms if you continue to use your member account after such amended terms have been posted or information regarding such amendment has been sent to you.
Products and Services
ChapterTracker.com is referred to as both a "Product" and a "Service" that allows chapters, their members, and parent organizations to track and view the performance of their and other organizations' business networking methodologies.
Fees and Payments. Your subscription will continue and renew automatically unless terminated by Refma or until you notify Refma of your decision to change your subscription renewal. For cancellation instructions, log in to your PayPal account and read the instructions about subscriptions. All fees and charges incurred in connection with your user name and password will be periodically billed to the credit card designated during the registration process for ChapterTracker.com or subsequently designated to PayPal. Refma may change the fees and charges in effect, or add new fees or charges, by giving you notice in advance. You also are responsible for any fees or charges incurred to access ChapterTracker.com through an Internet access provider or other third party service. TO THE EXTENT PROVIDED BY APPLICABLE LAW, YOU, AND NOT REFMA, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU.
Credit Cards. As a condition to your right to use the Service, You must provide PayPal with a valid credit card number belonging to you with available credit sufficient to pay the applicable Service Fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide PayPal with a new valid credit card number. In the event that you do not provide a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with you, and you will not be able to access the Service (nor are we responsible for preserving any data). In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
Trial Offers, Coupons, Credits and Special Offers. Refma reserves the right to discontinue or change coupons, credits and special promotional offers at our discretion. We encourage the use of our Service through free trials. The Free Trial offer associated with ChapterTracker entitles new, registered subscribers to a one-time, 2-month free trial usage of the service. Free Trial terms vary by promotional offer. PayPal will begin billing your credit card for a monthly subscription at the end of your free trial period unless you cancel prior to the end of your free trial. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR CREDIT CARD. PayPal will continue to bill your credit card on a monthly basis until you cancel. You may cancel your subscription at any time, but there will be NO refund of any unused portion of the monthly fee. For cancellation instructions, log in to your PayPal account.
Subscription Renewals. Your ChapterTracker subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period.
User Conduct
As part of the registration process for the Product, you agree to: (1) provide certain limited information about you as prompted to do so by the Product (such information is to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as "Registration Data". If Refma discovers that any of your Registration Data is inaccurate, incomplete or not current, Refma may terminate your right to access and receive the Product immediately upon notice. Refma may reject a registration if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. Refma reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Refma need not provide a reason for its rejection. If Refma rejects your application, then you may reapply and Refma will reconsider the application. You may not register for this Service if you are under 18 years of age. By registering for this Service, you represent to Refma that you are 18 years of age or older.
You are solely responsible for the content of your transmissions through the Product. Refma reserves the right to take any action with respect to the Product that Refma deems necessary or appropriate in Refma's sole discretion if Refma believes you or your transmissions or use of the Product may create liability for Refma. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (1) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (2) not to use the Product for illegal purposes; and (3) not to interfere or disrupt networks connected to the Product.
Ownership, Copyright and Trademark
Except where indicated, all pages within this Site are the property of Refma, and all such content is copyrighted by Refma. No portion of the materials on such pages may be reprinted or republished in any form without the express written permission of Refma or the respective affiliate, as applicable.
The trademarks, logos, and service marks used and displayed on this Site (the "Trademarks") are registered and unregistered trademarks of Refma and others. Under no circumstances may you use any of the Trademarks, whether owned or licensed to us. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner.
You agree and acknowledge that Refma is the owner of all rights in this Site and the materials that appear on the Site and that you will not challenge those rights or do anything that might impair or damage those rights. This Site is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Site may violate such laws.
If you make any copies of the Site, or portions of the Site, such copies must include the appropriate copyright, trademark, or other proprietary notices. You may not modify, copy, redistribute, republicize, retransmit, sell, display or create derivative works, or use the Site, or any portion of the Site, for a commercial purpose without our prior permission.
Your right to use the Product is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Product or other materials or any information obtained by you without the express written consent of Refma.
Any questions concerning the use of the Trademarks or any copyrighted material should be referred to admin(at)Refma(dot)org.
If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Site, please provide Refma with the following information:
- A description of your work that you believe was infringed;
- A description of the work believed to be infringing and where it appears on the Site; and
- Your contact information (name, address, telephone number and e-mail address).
This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
This notice should be signed and provided to:
Referral Marketing Association
160 Surrey Park Court
Johns Creek, GA 30097
Legal Disclaimer
Any legal information provided on this Site is provided for informational purposes only, is not intended as legal advice and is not intended to replace the services of legal counsel.
Disclaimer of Warranties and Limitation of Liability
Your use and browsing of this Site is at your sole risk. If you are dissatisfied with the Site or any of the materials on the Site, or with any of the Terms, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE.
The Site is provided "As Is" and Refma makes no warranties of any kind, either express or implied by law, including, but not limited to warranties of:
- Merchantability
- Fitness for a particular purpose
- Freedom from computer viruses
- Non-infringement
- Security
- Completeness, timeliness, appropriateness or accuracy
Refma makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely or error free, nor does Refma make any warranty as to the results that may be obtained from the use of the service or the accuracy of any other information obtained through the service or that defects in the program will be corrected.
In no event shall Refma be liable for any lost data, profits, savings, goodwill, or direct, indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to your access, use or inability to use the Site, including any viruses which may infect your equipment, even if Refma has been advised of the possibility of such damages. No information or advice, whether oral or written, obtained by you from Refma or through the service shall create any warranty not expressly made herein. Refma's liability to you or any third party is limited to $50. These limitations may not apply in certain jurisdictions.
Third Party Content
You acknowledge that the opinions and recommendations expressed or made available in this Site are those of the respective author(s) and are not necessarily those of Refma or endorsed by Refma.
Third Party Sites
Hyperlinks
This Site contains hyperlinks to other sites created and maintained by other organizations, which may or may not be related to Refma. These links are provided for your convenience and are for reference only.
Refma does not:
- Sponsor or endorse the owners of such linked sites, or the products, materials, or information appearing on such linked sites; Refma may be affiliated with some of such owners, but Refma is not and will not be liable for anything arising out of or related to such linked sites.
- Warrant that the information and materials appearing on such linked sites are maintained, accurate or error-free.
- Warrant that the functions provided from such linked sites will be uninterrupted.
Access to such linked sites is at your own risk. Furthermore, links do not imply that Refma is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo or copyright of Refma unless otherwise stated.
Personally identifiable data
Any contact that you may make with Refma or our employees via this Site must be for a business-related purpose and all such communications are property of Refma, and subject to review and monitoring by us, though Refma is not obligated to review or monitor.
Notwithstanding the foregoing, personally identifiable data such as your name, postal address, e-mail address and telephone number, which is provided to us through this Site, will be handled in accordance with Refma's Privacy Policy.
Forums, Chat Rooms, Bulletin Boards
This portion of the Site is provided by Refma as a service and convenience to its visitors. You should however, understand the risks involved with using this type of site.
You agree that you will not:
- Upload any material to this Site that infringes any proprietary right, including, but not limited to, copyrights, trademarks, and privacy rights, nor otherwise use the Site or the Product in a manner that infringes on such rights.
- Upload any material that is obscene, libelous, defamatory, harassing, hateful, abusive, threatening, harmful, vulgar, pornographic, sexually explicit, indecent, or violative anyone's civil rights.
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
- "Stalk" or otherwise harass another user.
- Store personal data about other users.
- Interfere with another user's use and enjoyment of the Product.
Refma reserves the right to screen, review or control the information and listings posted by users. However, Refma is not obligated to do so. Refma is not responsible for the information or material provided on this Site and cannot guarantee the accuracy of the information provided by any other party.
There are risks in dealing with people you do not know, and Refma has no control over such risks. You need to exercise care in these transactions. People may provide information that is offensive, false, harmful, or deceptive. Please be cautious when sharing information, especially personal information, with others.
Because we do not control the transactions between you and other users, you hereby acknowledge that Refma is in no way liable for any claims arising from your use of this Site. As a condition of your use, you agree to indemnify Refma for all claims relating to any material or information posted by you on this Site.
By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively "Communications") to the Site, you hereby and thereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
Password and Security
As part of the registration process, you will use your email address as your user name and you may choose your password for access to this account. You agree to carefully safeguard your password. You are solely responsible if you do not maintain the confidentiality of passwords and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify Refma of any unauthorized use of your account or any other breach of security known to you, including if you believe that its password or account information has been stolen or otherwise compromised.
TERMINATIONRefma may immediately terminate your membership and right to use the Product if (a) you breach these Terms; (b) Refma is unable to verify or authenticate any information you provide to Refma; (c) such information is inaccurate; or (d) Refma decides, in its sole discretion, to discontinue offering the Product. Refma shall not be liable to you or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately through your PayPal account, though there will be no refund of any unused but paid fees. Should you object to any of the Terms or any subsequent changes thereto or become dissatisfied with the Product in any way, your sole recourse is to immediately: (a) discontinue use of the Product; (b) terminate your membership; and (c) notify Refma of termination. Upon termination of membership, your right to use the Product immediately ceases.
INDEMNITYYou hereby agree, at your expense, to indemnify, defend and hold Refma harmless from and against any loss, cost, damages, liability or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by you; (b) any fraud or manipulation, or other breach of these Terms by you; or (c) any third-party claim, action or allegation brought against Refma arising out of or relating to a dispute between its users over the terms and conditions of a contract or related to the purchase and sale of any services.
GENERAL TERMSThese Terms are governed in all respects by the laws of the State of Georgia without regard to that State's conflicts of law provisions. Both parties submit to personal jurisdiction and venue in Georgia and further agree that any cause of action relating to these Terms shall only be brought in a court in Fulton County, Georgia. You irrevocably waive any objection to such jurisdiction and venue, including those based on forum non conveniens. In any related action, the prevailing party will be entitled to costs and attorneys' fees. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Waivers must be in writing. Refma's failure to act with respect to a breach by you does not waive Refma's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Refma shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Refma's reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (ii). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. Any claim or cause arising out of this Site or the services must be filed by you within one year after such claim or cause arose, otherwise the claim shall be forever barred. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that you are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to admin(at)Refma(dot)org for assistance.
Non-Georgia Users
The Site, the Product, and other materials published at this Site may not be appropriate or available for use in your jurisdiction, or may refer to products, programs or services that are not available in your jurisdiction.
- Access to any items prohibited in your jurisdiction is prohibited.
- You may not use the Site or export information or materials at this Site in violation of the export or other laws, regulations, executive orders, decrees or other legal enactments or requirements of the United States or any other country.
- If you attempt to access, use, or download from this Site from outside Georgia, you do so at your own risk, and you are responsible for compliance with all applicable laws.
- By using this Site you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the US Treasury Department's list of Specially Designated Nationals or the US Commerce Department's Table of Deny Orders or Denied Persons List.
Page last revised: November 1, 2009
© 2006
Referral Marketing Association. All rights reserved.