TERMS AND CONDITIONS
Provider shall provide User with access to the ReferAppointment.com cloud and mobile based applications for managing referrals, appointments, and User contact.
By viewing or accessing the Site, and/or using the software, applications, products or services provided on the Site you expressly agree to the following Terms and Conditions detailed below and the terms of the Service Level Agreement entered into by your employer.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you and Refer Appointment. Your use of the Site constitutes acknowledgement that you understand and agree to abide by the terms of this Agreement including any additional terms that govern certain products and services, which will be presented in conjunction with those products and services ("Additional Terms").
To the extent that there is a conflict between this Agreement and the Additional Terms or Rules for the activity in which you choose to participate, the applicable Additional Terms and/or Rules shall govern. This Agreement will remain in full force and effect as long as you are a user of the Site and in the event of termination of any membership, service or feature, you will still be bound by your obligations under this Agreement, and any Additional Terms or Rules, including any indemnifications, warranties and limitations of liability.
The term "Site" includes all websites and web pages within the Site as well as any mirror, associated equivalent, substitute, replacement or backup websites and web pages.
Although REFER APPOINTMENT attempts to ensure that all information contained on this website is error-free, we accept no liability for omissions. REFER APPOINTMENT reserves the right to change or alter the content of the site at anytime. REFER APPOINTMENT does not make any warranty that the website is free from infection from viruses; nor does promise that any provider of content to the site or their respective agents make any warranty as to the results to be obtained from use of the site.
UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL REFER APPOINTMENT OR ANY THIRD PARTY CONTENT PROVIDER OR THEIR RESPECTIVE AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE AND/OR SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO ASSUME ALL RISK RELATED TO YOUR USE OF THE SITE AND SERVICES, INLCUDING BUT NOT LIMITED TO, THE RISK OF COMMUNICATIONS WITH OTHER PEOPLE OR DAMAGE TO YOUR COMPUTER.
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE
REFER APPOINTMENT does not target the site or its services to users under 18 of age. You agree not to assist users under 18 years old to access the site or services, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed).You agree that if you violate this term and assist a user under 18 years of Age to access this Site you will assume full liability for any consequences and that UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE NEITHER REFER APPOINTMENT, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE BY USERS UNDER 13 YEARS OF AGE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRATION AND USE OF PASSWORD
REFER APPOINTMENT may require each user to have a unique user name and password combination in order to use the Site and may also, from time to time, provide users with additional codes or passwords necessary to access and use certain features or functions of the Site. As part of the registration process you will choose a user name and password (or REFER APPOINTMENT may assign an initial password which REFER APPOINTMENT will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. REFER APPOINTMENT IS NOT LIABLE FOR ANY HARM CAUSED OR RELATED TO THE THEFT OR MISAPPROPRIATION OF YOUR USER NAME OR PASSWORD, DISCLOSURE OF YOUR USER NAME OR PASSWORD, OR YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR USER NAME OR PASSWORD. You agree to notify REFER APPOINTMENT immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken via your password, whether or not made with your knowledge or authority. Should you fail to keep your password secure it will enable others to engage in transactions and other actions through the Site for which you will be legally responsible.
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password
REFER APPOINTMENT is not responsible for user communications. Users are responsible for their own actions.
You agree not to do any of the following:
1. Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
2. Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
3. Use REFER Appointment to advertise or sell any products, services or otherwise not authorized by Your employer who has entered into a
4. Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
5. Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; Service level agreement with Refer Appointment.
6. Engage in "spamming," as that term is commonly understood and used on the Internet;
7. Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any messages ore-mail that is in violation of these Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated purpose of your employer.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using a the Site or service in violation of the law.
You agree to indemnify, defend and hold the Site, REFER APPOINTMENT and any of their Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings
DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site you may deactivate your account on the Site at any time and for any reason. To deactivate your account log in to your account and then click on the "My Account" link and then select the "Cancel My Account" option. REFER APPOINTMENT reserves the right to terminate your use of and registration on the Site at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
COMMISSIONS and PAYMENTS
Participating Dealers shall be responsible for paying all fees and commissions as detailed on the ReferAppointment.com website any time a qualifying referral purchase is made. All fees and commissions are to be paid monthly to referring users by check or credit within 30 days of the completed sale date. If user contests any commission, it must be contested in writing within 30 days of the charge for the commission being made.
You also agree that ReferAppointment.com and associated dealerships reserve the right to contact you via email, phone or other means regarding various promotional activities.
This Site is controlled and operated by REFER APPOINTMENT from its offices within New Jersey, United States of America. REFER APPOINTMENT makes no representation that the Site its applications or any content thereon are appropriate, legal or available in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of the State of New Jersey. You specifically agree to submit all claims to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Any action brought for violation of this agreement must be filed within 1 year of the date of said violation. Unless said violation or the identity of the violator was willfully hidden from the aggrieved party in which instance it shall be 1 year from the discovery of same.
REFER APPOINTMENT may modify these terms of service by posting any modifications on the terms of Service portion of the site. Any modifications will be binding on all users and effective as of the date of posting.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to REFER APPOINTMENT or as to a successor address that REFER APPOINTMENT makes available on the Site or through other reasonable manner.