Terms of Use

Last updated: 10/15/2013

INTRODUCTION ReferDigital LLC ('ReferDigital' or 'We'), a Texas Limited Liability Company which owns and operates ReferDigital.com ('ReferDigital'), provides this Site (Website) for your use, subject to these Terms of Use and all applicable laws and regulations. Please read these Terms of Use carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms of Use. If you do not agree to them, please do not visit or use the Site. ReferDigital reserves the right to revise these Terms of Use, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes your acceptance of those changes. Updates will be evidenced by a more recent Last Updated date at the top of this page.

USE OF THE SITE You may not: (1) use the Site in an unintended commercial manner, including by distributing, transmitting or publishing the Site or any of their content; (2) interfere with others' use of the Site; (3) impair the Site operation or interfere with or disrupt the servers or networks connected to them; (4) interfere with ReferDigital's intellectual property rights; (5) frame or otherwise co-brand the Site or any of their content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

SITE MODIFICATIONS We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services.

PRIVACY POLICY ReferDigital takes your privacy seriously. Any information submitted on or collected through the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

LINKS TO OTHER SITES Our site contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. We have no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. We do not sell, resell, or license any of the third-party products or the third-party services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate third party.

APPLICATIONS AND TRANSACTIONS All applications and transactions made through the Site are subject to ReferDigital's acceptance, which is in our sole discretion. Without limitation, this means that ReferDigital may refuse to accept any application or transaction, whether or not the application or transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.

ELECTRONIC COMMUNICATIONS By using the Site, you consent to receiving electronic communications and notices from ReferDigital. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

INTELLECTUAL PROPERTY All copyrightable text, graphics, sound, downloads, software and other material (collectively, the "Content"), the selection, compilation, arrangement and presentation of all materials, and the overall design of the Site are copyrighted by ReferDigital and are protected by law. All rights reserved. You may print a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited, unless you have our prior written permission. The Site may also contain content that is owned by third parties, including our advertisers. You may use such third-party content only as expressly authorized by the applicable owner. All requests for permission to reprint or make any other use of the Content should be addressed to ReferDigital LLC by email at info@ReferDigital.com. ReferDigital does not warrant that your use of materials displayed on or linked to the Site will not infringe the rights of third parties.

Claims of Copyright Infringement: If you believe that materials posted on the Site violate your intellectual property rights, please contact ReferDigital at ReferDigital LLC by email at info@ReferDigital.com. Please include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner's behalf.

USE OF INFORMATION SUBMITTED You agree that ReferDigital is free to use any content, comments, information or ideas contained in any communication you may send to us or submit via the forms on our Site, without compensation, acknowledgement or payment to you, for any purpose whatsoever, including, but not limited to, publishing such content, comments, information or ideas on our Site or elsewhere, developing, manufacturing and marketing products and services and creating, modifying or improving the Site or other products or services.

NO WARRANTY While we use our best efforts to maintain the accuracy and reliability of the Site, we do not warrant or represent that it will always public function or be error-free. We assume no responsibility or liability for errors or omissions on the Site or for problems with its operation. Your access and use of the Site are at your own risk. Without limiting the foregoing, THE Site, THEIR CONTENT AND ANY PRODUCT OR SERVICE OFFERED THROUGH THEM ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain warranties, so the above may not apply to you.

LIMITATION OF LIABILITY IN NO EVENT SHALL ReferDigital, ITS RELATED COMPANIES, AND EACH SUCH COMPANY'S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE Site, ANY INFORMATION PROVIDED BY THE Site OR ANY TRANSACTION ENTERED INTO THROUGH THE Site. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.

INDEMNITY You agree to indemnify and hold ReferDigital and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

DISPUTES These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms of Use shall be brought in the federal court in the Northern District of Texas or the state courts located in Dallas County, Texas. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

GENERAL If any provision of these Terms of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire agreement between you and ReferDigital in connection with your use of the Site.