Introduction

 

Welcome to ReferApps! This is the new selling revolution that decentralizes profit and putting people into the equation of the economy. It's a marketplace where everyone can make a profit, either you are a buyer or a seller. As a member, you are to be informed of the terms and policies of all the transactions and agreements covered in our Sites and Applications for the benefit of all. In this User Agreement, the entity you are contracting with is ReferApps Inc., and  are individually and collectively referred to as "ReferApps," "we", "Platform" "sites" or "us", while the entity who will be using this platform are individually and collectively referred to as "buyer", "seller", you", "users".

 

 

Using ReferApps

 

By using ReferApps Services, Sites and Applications, you agree to the following conditions. You are advised to read them carefully. When using ReferApps Services Sites and Applications, you will be subject to the guidelines, terms, and agreements applicable to all ReferApps Services.

 

ReferApps is not liable for the pricing and shipping of items. The actual contract for sale is directly between the seller and buyer. We may provide pricing, shipping, sourcing, listing and other guidance in our Services, but such guidance is solely an act of informing and you may decide to follow it or not. Although we are to help facilitate resolving disputes through various programs, we have no control over and does not guarantee to:

 

* the existence, quality, safety or legality of items that are advertised

 

* the truth or accuracy of users' content or listings

 

* the ability of sellers to sell or offer an item

 

* the ability of buyers to pay for the items ordered

 

* the assurance of completion of the transaction and returning of an item  between the buyer and the seller

 

By using ReferApps Services, Tools and Applications from your mobile devices or desktop, you are communicating electronically with us. You agree to receive communication from us such as e-mails, texts, mobile push notices or notices and messages from ReferApps Services, tools, and applications. All agreements, disclosures, notices and any other communications we provide electronically satisfy any legal requirement.

 

Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.

 

You are responsible for maintaining the confidentiality of your account and password. For restricting access to your account, you agree to accept responsibility for all activities that occur under your account or password.

 

By using or accessing ReferApps Services, these situations are forbidden:

 *Before you can refer an item to anyone, make sure that 1.  they are your online social friend and 2. They consent and requested the information you are sending. I.E. Where did you buy that nice watch?  We adhere to a strict no spamming policy.  Repeat violations can and will suspend your account.

* posting, listing or uploading inappropriate content or items on the Platform.

 

* infringement or evasion of any laws, third-party rights our systems, policies, or setting of your account status

 

* using our Services if you are not qualified to form legally binding contracts or are temporarily or indefinitely suspended from using all ReferApps Services. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for your actions; any charges associated with your use of any of the Services or purchase of Products and; your acceptance and compliance with the Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using or accessing the Site and its tools and application. Some products in ReferApps are intended for adults, and therefore you must be at least 21 years old to purchase certain products.

 

* failing to pay for items you purchased unless you have a valid reason (e. g. seller is unreachable, the seller modified the item description or made a clear typographical error)

 

* failing to deliver items you sold unless having a valid reason (e. g. the buyer fails to comply with the terms posted in your listing or they are unreachable)

 

* manipulation of the price of any item or interference with any other user's listing

 

* actions that may undermine the rating or feedback systems

 

* posting false, erroneous, inaccurate, deceptive, fallacious, defamatory or slandering content

 

* distributing or posting spam messages, uninvited electronic communications, pyramid schemes or chain letters

 

* transferring your ReferApps account and user ID to another party without our consent

 

* Distributing or posting spam, unsolicited or mass electronic communications, chain letter or pyramid schemes

 

* distribution of viruses or any other technologies that may be harmful to ReferApps or the interest or property of users

 

* using any robot, spider, scraper, data mining tools, data gathering, and extraction tools, or any other automated means to access our Services for any purposes, unless we give permission

 

* interfering with the work of our Services, or imposing an unreasonable or disproportionately large load on any part of our infrastructure

 

* exporting or re-exporting any ReferApps application or tool, except by compliance with the export control laws of any applicable jurisdictions and in accordance with posted rules and restrictions

 

* infringement of the copyright, patent, trademark moral, publicity, database, and/or other Intellectual Property Rights that belongs or licensed to ReferApps. Some actions that may compose infringement include reproducing, performing, distributing, displaying, reverse engineering, decompiling, copying, disassembling, or preparing imitative works from content that belongs to ReferApps or from someone else

 

* infringement of any Intellectual Property that belongs to third parties that may be affected by your use of the Services or post content that does not belong to you

 

* harvesting or collecting other user's information without their consent

 

* commercializing any ReferApps application or any information or software associated with such application, except if we give our permission or

 

* Bypass any technical measures we use to provide Service

 

If under our jurisdiction we believe you are abusing our Services in any way, we may, in our sole discretion and without limitations to other remedies, limit, suspend or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account (e. g. ranking), remove and not display and/or demote listings, eliminate or reduce any discounts, and take technical and/or legal actions to prevent you from using our Services. We assure you that we will only take action only if you violate any of the conditions stated above or in any of our policies. We will be fair and just in taking actions at our own discretion.

 

ReferApps do not allow members to use the Platform to contact each other to sell items or services or make offers to buy outside of ReferApps. Members are not allowed to use information obtained from ReferApps or any ReferApps Services and Systems to contact each other about buying or selling items and services outside of ReferApps. Violation of this policy may result into a subject to a range of actions, including limits on your buying and selling privileges, restrictions on listing and account features, suspension of your account, application of fees, and recovery of expenses for enforcement and monitoring of policies. If you are a seller and you suggest or recommend your contact information or ask a buyer for their contact information to make a transaction outside of ReferApps Platforms and Services, you may be liable to be penalized a just amount, even if the item doesn't sell, as long as you use ReferApps, Services for the introduction to a buyer.

 

ReferApps reserves the right to terminate accounts, refuse service, remove or edit content, cancel orders or terminate your rights to use ReferApps Services, tools, and applications in its sole discretion. We reserve the right to decline or abort all or part of our Services to any valid and lawful reason at our own and our member's discretion.

 

 

Permissions

 

When you use ReferApps application, you may grant certain permissions to us for your device. Most mobile devices provide information about these permissions.

 

 

Policy Implementation

 

If there is a buyer or seller issues, we may examine the user's performance history and the specific circumstance in applying our policies. By implementing our policies, we may be tolerant in an effort to do the right thing for both buyers and sellers.

 

 

Payments and Fees

 

If you are a seller, you must have a payment method on file through ReferApps Services and pay all fees and applicable taxes corresponding with our Services on the due date of the payment. Sellers can post and sell their products for free, we do not acquire any transaction fees except withdrawing into the bank. You may pay for the products using any of the payment methods recommended by ReferApps.

 

 

Conditions when Listing

 

When listing an item, you agree to comply with the conditions below:

 

 

* You are accountable for the content of the listing and the item offered and the accuracy the details you post

 

* We can't guarantee precise listing durations, therefore your listing may not be promptly searchable by keyword or category for several hours

 

* Content that disregards any of ReferApps policy may automatically be modified, obscured or deleted at our discretion

 

* ReferApps may revise product information associated with listings to add, remove, or correct information

 

* The appearance or placement of listings in search and browse results will be determined through:

 

 - buyer's location, browsing site, search query, and history;

 

 - the item's location, format of listing, price and the cost of shipping, terms of service, end time, history, and connection to the user query;

 

 - the seller's history (including listing practices), Detailed Seller Ranking, ReferApps policy compliance, Customer's Feedback, and defect rate; and

 

 - number of listings that matches the buyer's query

 

* A listing may not appear in some search and browse results notwithstanding the sort order chosen by the buyer for a positive user experience

 

* Several advanced listing upgrades will only be visible on certain Services

 

* Duplicate listing may also affect in case your listing appears in search results

 

* Optional recommendation are available when creating your listings. Those recommendations are based on the overall sales and performance history based on similar sold and current listings, and it may vary for individual listings. When you choose to use the optional recommendations, you agree that we may display your sales and performance history of your individual listing to those of other sellers

 

 

Conditions in Purchasing

 

When buying an item, you agree to comply with the conditions below:

 

* You are accountable for reading the full item listing before making a bid or decision to buy

 

* You are to enter into a legally binding contract to purchase an item when you decide to buy an item, or your refer for an item is accepted

 

* We do not transfer or consign legal ownership of items from the seller to the buyer

 

* Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the seller unless the buyer and the seller agree otherwise

 

 

Content

 

When posting content or submit material to any ReferApps Tools and Services (and unless we prefer otherwise) you grant ReferApps a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to exercise any and all Intellectual Property Rights you have submitted (directly or indirectly) in that content, including but not limited to, questions, reviews, comments, and suggestions according to our provision, expansion, and promotion of the Services and the right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media known or developed in the future. We guarantee you that we will protect your information and will not disclose it without your consent or a valid and lawful reason. You may post reviews, comments, photos, videos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content you submit or provided is not illegal, obscene, defamatory, threatening, invasive of privacy, infringing of intellectual property rights (including public rights), or libelous to third parties or offensive, and does not contain any form of software viruses, political campaigning, commercial solicitation, mass mailings or any form of “spam” or any unsolicited electronic messages. You shall not use a false e-mail address, impersonate any person or entity, or mislead us or third parties as to the origin of any information you provided. You grant ReferApps and sublicensees the right to use the name or Username you submitted in connection with such review, comment or other content if they choose. You also waive your right to enforce against ReferApps and our affiliates your Intellectual Property Rights in that content in association with our use of that content in correspondence with our provision, expansion, and promotion of the Services to the fullest extent allowed under applicable law.

 

You entitled and authorized that you own or control all necessary rights for all such content that you provide or post; the content is accurate and correct; that use of any such content, (derivative works included) by us, our members, third party associated with us, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party; that the use of of the content you provide does not violate any of ReferApps policy and will not cause injury to any person or entity; and that you will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees and agents) harmless against damage from any claims or demands, including reasonable legal fees, made by any third party resulting from the content you provide, due to or arising of your breach of this User Agreement, your improper use of ReferApps' Services or your infringement of any law or the rights of a third party. ReferApps takes no responsibility and assumes no liability for any content you or any third party provided.

 

We recommend product information (images, descriptions, and specifications included) that are provided by third parties (including ReferApps members). You can use that content solely in your product listings in ReferApps. ReferApps reserves the right (but not the obligation) to alter, repeal, or remove such content at any time in our discretion, but does not regularly review posted content. The product information includes copyrighted, trademarked, or identification markings in the product information and not to create any derivative works based on that information (except when you are including the information in your listings).

 

We cannot guarantee that the content provided through our Services will always be accessible, accurate, complete, and up-to-date. You agree that you will not attempt to hold us or our data providers liable of inaccuracies and that ReferApps is not responsible for examining or warranting the listings or content provided by third parties through the Services. And as a seller, it is your responsibility to ensure that the content directly associated with your listings is accurate and correct.

 

ReferApps will provide you your own website for your items, and that you will be co-branded with us, therefore “ReferApps” and all other ReferApps marks, logos, designs, and phrases that we use in connection with our Services are trademarks, service marks, or trade dress of ReferApps in the E. S. and other countries, and may not be used without consent of ReferApps.

 

 

Intellectual Property Grievances

 

ReferApps respects others’ intellectual property rights. We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act (DMCA). If you believe that your intellectual property rights have been infringed or compromised, please notify us and we will investigate.

 

 

Holds

 

ReferApps has at times recommended (and may continue to recommend) that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including but not limited to the seller's selling history performance, returns, riskiness of the listing category, transaction value, or the filing of the Money Back Guarantee case, resulting in PayPal restricting funds in your PayPal account. We will only step in when we suspect that you violate this User Agreement or any of our policies and will be fair and just in taking legal action regarding the violation you committed.

 

 

Risk of Loss

 

All purchases of physical items from ReferApps are made according to a shipment contract, therefore the risk of loss and title for such items is between the buyer, the seller, and the carrier.

 

 

Returns, Refunds, and Replacements

 

Under certain circumstances, you (as a seller) can create rules to automate replacements, returns, and refunds. For new sellers, in listings where returns are accepted, ReferApps may set a default rule that the return process and they may remove or customize their return preferences in their account settings within their Profile. If the settings have been set to automatically accept requests for returns and replacements, a ReferApps-generated return shipping label will be provided to your buyer. You (as a seller) agree to comply and follow our Returns Policy.

 

You (as a seller) authorize ReferApps to request Paypal to take certain actions concerning when an item is returned. To refund the buyer, Paypal will:

 

* remove the refund amount (in same or other currency) from your PayPal account

 

* place the amount on your invoice

 

* charge your payment method on file

 

 

The return shipping cost for an item that is not as described in the listing is the seller's responsibility.

 

You (as a seller) permit ReferApps to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

 

* there is a ReferApps-generated return shipping label that is used

 

Note: The return shipping label cost is the seller's responsibility

 

* Returns have been automated

 

* A transaction is canceled, and you (as a seller) authorize  ReferApps to request that Paypal remove the refund amount (in some or other currency) from your PayPal account.

 

 

Money Back Guarantee

 

Money Back Guarantee helps sellers and buyers to communicate and resolve issues when there is a problem with a purchase. You agree to comply with the terms and policies and allow us to make a final verdict on cases concerning Money Back Guarantee.

 

You (as a seller) permit ReferApps to place the return shipping label cost on your invoice, subject to your automatic payment method on file when:

 

* there is a ReferApps-generated return shipping label that is used

 

Note: The return shipping label cost is the seller's responsibility

 

* Returns have been automated

 

* A transaction is canceled, and you (as a seller) authorize  ReferApps to request that Paypal remove the refund amount (in some or other currency) from your PayPal account.

 

Note: If we cannot get reimbursement from you, you agree that we may suspend your account until the money back guarantee case is settled.

 

We may suspend the Money Back Guarantee in whole or in part without notice if we believe or suspect any act of abuse or interference with the proper operation of the policy.

 

 

Additional Terms

 

 

Disclaimer of Warranties and Limitation of Liability

 

 

All information, content, materials, products (including software) and other services included on or otherwise made available to you through ReferApps Services are provided "AS IS" and "AS AVAILABLE" basis by ReferApps, unless if not specified in writing. All data and/or information contained in ReferApps, ReferApps Services, and other tools and Materials are provided for informational purposes only. Appropriately, to the extent permitted by applicable law, ReferApps disclaim all express or implied warranties, terms, and conditions, but not limited to, indicated warranties of merchantability, fitness for a specific purpose, and non-infringement.

 

Furthermore, to the extent permitted by applicable law, we (including our affiliates, our and their offices, directors, agents and employees) are not liable for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from:

 

* the content and information you provide (directly or indirectly) using ReferApps

 

* how you use or your inability to use ReferApps

 

* pricing, shipping, format or other instruction provide by ReferApps

 

* system, server or connection failure, omission, interruption, delay in transmission or disruptions of the Service

 

* viruses or other malicious, destructive or corrupting code, agent program or macros or software

 

* glitches, errors, bugs, or inaccuracies of any kind of ReferApps Service

 

* the actions or inactions and content provided by third parties, including the listed items using our Services or the destruction of allegedly fake items

 

* a suspension or other actions were taken with limitation to your account or breach of abusing ReferApps

 

* your need to change practices, content or behavior, or your loss of or inability to do business, as the outcome of changes to this User Agreement or our policies.

 

There are some jurisdictions that do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

 

Regardless of the previous paragraphs stated above, if we are found to be at fault, our liability to you or to any third party is limited to the greater of:

 

(a) any amounts due under the (Money Back Guarantee) up to the price the item sold for on ReferApps (including any applicable sales tax) and its original shipping cost

 

(b) the number of fees in dispute not to exceed the total fees

 

(c) or $100 (?)

 

 

Release

 

If you have a disagreement with one or more users, you release us, our affiliates, and our and their respective officers, directors, employees, and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, resulting of or in any way connected with such arguments.

 

In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

 

 

Electronic Communications

 

When you visit the site or use ReferApps Services, you communicate with us electronically. In doing so, you consent to receive communications from us electronically; such as e-mails, texts, mobile push notices, or notices and messages on all ReferApps' Services. You can keep copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing. We will only send what we believe are necessary documents and notices to our members.

 

Copyright and Trademarks

 

ReferApps or its content suppliers are the sole proprietors of all content such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilation and software that is included in or made available through any of our Services and is protected by the United States and international copyright laws. The compilation of all content made available or included in any of ReferApps Services is the exclusive property of ReferApps and protected by the United States and international copyright laws.

 

Graphics, logos, page headers, button icons, scripts and service names included in or made available through ReferApps are trademarks or trade dress of ReferApps in the U.S. and other countries. It may not be used in connection with any product or service that is not ReferApps, in any manner that may cause confusion among customers, or in any manner derogate or discredits ReferApps. All other trademarks that are not owned by ReferApps and appear in any of our services belong to their own respective owners, who may or may not be affiliated with, connected to, or sponsored by ReferApps.

 

 

Legal Disputes

 

Any dispute or claim in relation to your way of use in any ReferApps Service, or to any products or services sold or distributed by ReferApps will be resolved by binding arbitration, rather than in court, except that you may insist claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Conditions of Use as a court would.

 

You approve that, except to the extent inconsistent with or prevented by federal law, the laws of the State of (?), without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has occur or may occur between you and ReferApps, except as otherwise stated in this User Agreement.

 

The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

 

1. Prohibition of Class and Representative Actions and Non-Individualized Relief

 

WE EACH AGREE ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN ANY PURPORTED CLASS, CONSOLIDATE, OR REPRESENTATIVE ACTION. UNLESS YOU AND REFERAPPS EACH AGREE OTHERWISE, THE ARBITRATOR MAY NOT MERGE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE CONDUCT OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DEMONSTRATIVE RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ENTAILED BY THAT PARTY'S INDIVIDUAL CLAIMS OR CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

 

If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, including any question regarding its existence, validity or termination, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and ReferApps' right to appeal the court's decision. All other claims will be arbitrated. You may seek injunctive relief if you make a resolution that a breach or inefficiency such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

 

2. Arbitration Procedures

 

Arbitration is a non-judicial process for the settlement of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the "arbitrators", "arbiters" or "arbitral tribunal"), by whose decision (the "award") they agree to be bound. Arbitration, a form of Alternative Dispute Resolution (ADR),  is the private, judicial determination of a dispute, by an independent third party.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of the User Agreement as a court would.

 

The arbitrator will decide for all the issues, except issues relating to arbitrability, the scope of enforceability of this Agreement to Arbitrate, or the interpretation of the Prohibition of Class and Representative Actions and Non-Individualized Relief shall be for a court of competent jurisdiction to decide.

 

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. The use of the word "arbitrator" in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and complete description of your claim to (ReferApps Address). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims unless the customer's claims exceed $75,000 or an arbitrator determines that the claims are frivolous. In the same way, ReferApps will not seek attorney's fees and costs in arbitration unless the arbitrator determines the claims are frivolous.  You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed on location.

 

NOTE: If the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse ReferApps for all fees associated with the arbitration paid by ReferApps on your behalf that you otherwise would be obligated to pay under the AAA's rules.

 

If you and ReferApps are unable to resolve the claims described in the letter of arbitration request within 30 days after the request is sent, you or ReferAppsmay initiate arbitration proceedings. You may go to the AAA's site at www.adr.org to have a form for initiating arbitration proceedings.  In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must file a copy of the completed form of the opposing party. You may send a copy

 

ReferApps and you waive any right to a jury trial if for any reason a claim proceeds in court rather than in arbitration. We also both agree that you or ReferApps may bring suit in court to enjoin infringement or other misuses of intellectual property rights.

 

 

3. Site Policies, Modification, and Severability

 

If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable (except any of the provisions of Prohibition of Class and Representative Actions and Non-Individualized Relief, the other parts of this Agreement to Arbitrate shall still apply.

 

Please review our other policies posted on this site. These policies also govern your use of all ReferApps Services. We reserve the right to modify our site, policies, Service Terms, and this User Agreement at any time. If any of these conditions in this User Agreement shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

NOTE: We will make sure to notify you of the changes and adjustments of our policies. Alterations and changes will be in effect 30 days after it was posted on our site.

 

 

4. Future Amendments to the Agreement to Arbitrate

 

Regardless of any provision in the User Agreement to the contrary, you and ReferApps agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against ReferApps prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and ReferApps. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on www.ReferApps.com at least 30 days before the effective date of the amendments and by providing notice through the ReferApps Message Center (?) and/or by email. If you do not agree to these amended terms, you may close your account within the 30-day period and you will not be bound by the amended terms.

 

Unless we each agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and ReferApps must be resolved exclusively by a state or federal court located in (ReferApps State?). We each agree to submit to the personal jurisdiction of the courts located within (ReferApps State?) for the purpose of litigating all such claims or disputes.

 

Headings are for reference purposes only and do not limit the scope or extent of such Section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement instantly. We may amend this User Agreement at any time by posting the amended terms on www.ReferApps.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. We will provide you 30 days' notice by posting the amended terms. Your continued access or use of our Services constitutes your acceptance of the amended terms. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and a ReferApps representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.

The policies posted on our site may be changed from time to time. Changes take effect when we post them on our site.

 

If you create or use an account on behalf of a business entity, you represent that you are authorized to act on behalf of such business and bind the business to this User Agreement. Such account is owned and controlled by the business entity. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement.

 

The User Agreement, the User Privacy Notice, and all policies posted through our Services set forth the entire understanding and agreement between you and ReferApps, and supersede all prior understandings and agreements of the parties.