Date Last Modified: March 29, 2018
By creating a RefRatings User account (“Account”), downloading the RefRatings Application, or participating in any Services, Users:
(i) acknowledge that they have read and agree to be bound to and abide by these Terms; and
(ii) represent and warrant that they are authorized and able to accept these Terms.
If a User does not wish to be bound by the Terms, the User must not download the RefRatings Application, access or participate in the Services. By declining to accept these Terms, the User will be unable to create an Account or participate in the Services. RefRatings reserves the right to change these Terms at any time without prior notice to You, and any amended Terms are effective upon posting to the Site. If We make what We determine to be material changes to these Terms, We will update the “Date Last Modified” and will notify You via email. Your continued use of the Services following such material changes requires Your affirmative consent to the changes, which will require You to confirm within the Site or RefRatings Application that You have read and agree to the updated Terms. If You do not agree to the changes, Your sole remedy is to cease using the Services. It is Your responsibility to periodically check and review these Terms for changes. In addition to these Terms, additional terms and conditions may govern various promotional offers, offered to You from time to time. Such promotional offers are governed by their corresponding Promotional Terms and Conditions.
Video content may be streamed through, and the Services may be accessible through or provide links to, third party social networking sites and applications, including, without limitation, Facebook, Instagram, Medium, Reddit, Twitch, Twitter, and YouTube. As a condition of participating in the Services, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the Services. All questions regarding the Services must be directed to RefRatings. Users further acknowledge and agree that as a condition of participating in the Services, Users shall release Facebook, Inc., Instagram, LLC, A Medium Corporation, Reddit, Inc., Twitch Interactive, Inc., Twitter Inc., YouTube, Inc., and any other third party social networking sites accessible through the Services from any and all liability arising out of Users’ participation in such Services. The integration of third party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
To be eligible to create an Account and become a registered User, You must, at the time of registration:
(1) be at least eighteen (18) years of age or the age of majority in Your Jurisdiction of residence, whichever is greater;
(2) be a citizen or permanent resident of the United States of America with a residential address in the United States of America;
(3) be physically located in a state or territory (“Jurisdiction”) in which participation in the Services is not prohibited;
(4) not be a person barred from participating in the Services under the laws of the United States of America; and
(5) at all times abide by these Terms.
We reserve the right to deny access to the Services to anyone at Our sole discretion.
By accessing or using the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Services. RefRatings makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Services nor shall any person affiliated, or claiming affiliation, with RefRatings have authority to make any such representations or warranties. We do not intend for the Services or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Services does not constitute an offer, solicitation or invitation by Us for the use of the Services in any Jurisdiction in which such activities are prohibited or restricted. If You do not meet the eligibility requirements of this section, then You are not authorized to use the Services. RefRatings reserves the right to verify Your age, identity, location and eligibility at any time.
4.1. Registration Information
4.2. Secrecy Obligation
You agree to keep Your password secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your login information, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your password is no longer secure and confidential, You should immediately reset Your password within the Service. Without limiting the foregoing, any transactions made and accepted within the Service where Your login information has been used will be treated as valid. For security reasons, We may perform random security checks on Your Account to confirm Your eligibility. In the event of a security check, We may require additional documentation and You agree to fully cooperate with Us in respect of such requirements. We reserve the right to suspend or terminate Your registration and/or Account and/or withhold payment to You if We do not receive the requested documentation.
4.3. No Transfer
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the legal age to participate in the Services, and in no event any person under the age of thirteen (13), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for all communications made from Your Account, including any communications made from Your Account as a result of someone else using Your Account, either with or without Your knowledge, and You shall be bound by such use as if it were Your own use, and You shall fully indemnify RefRatings in respect of any failure by such third party to fulfill any commitments made by such use. You accept full responsibility for any unauthorized use of the Services and for any use of Your credit card, banking details, wallet address, or other payment instrument by any other person or third party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all funds in their Account. RefRatings will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. You will be liable for losses incurred due to someone else using Your Account.
4.5. Equipment Obligation
You must provide all equipment and software necessary to connect to the Site and/or RefRatings Application, including, but not limited to, a computer or Mobile Device (defined below) that is suitable to connect with and use the Site and/or RefRatings Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Site and/or RefRatings Application. RefRatings will not be responsible for any damage to any computer, computer equipment, Mobile Device, tablet, software, data or other property, or loss of data from Mobile Devices on which the data is installed, or for any call charges incurred while using the RefRatings Application.
4.6. Software and Links
By using the Services You accept full responsibility for all internet connection fees, together with all equipment servicing or repair costs necessary to allow You access to the Services. When using the Services, it may be necessary for Us to provide You with Our own software and/or that provided by third parties (“Software”). You may be required to enter into end user terms and conditions of use in respect of such Software in order to make use of such Software. The terms upon which You may download and use any such Software will be made available to You at the time of download and must be accepted by You prior to Your use of such Software. You should familiarize Yourself with the applicable end user terms and conditions of use. RefRatings is not responsible for the end user terms and conditions of use, privacy policies, or the collection, use, or disclosure of any information such third parties may collect.
6.1. License Grant
Subject to the terms and conditions of this Agreement, RefRatings grants Users a limited, non-exclusive and nontransferable license to
(i) download, install and use the RefRatings Application solely in connection with the Services on a mobile device owned or otherwise controlled by Users (“Mobile Device”) strictly in accordance with this Agreement; and
(ii) access and use the Services made available in or otherwise accessible through the RefRatings Application strictly in accordance with this Agreement.
6.2. License Restrictions
Users acknowledge and agree that Users shall not:
6.2.1. Copy the RefRatings Application, except as expressly permitted by this license;
6.2.2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the RefRatings Application;
6.2.3. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the RefRatings Application or any part thereof;
6.2.4. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the RefRatings Application, including any copy thereof;
6.2.5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the RefRatings Application or any features or functionality of the RefRatings Application, to any third party for any reason, including by making the RefRatings Application available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
6.2.6. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the RefRatings Application; or
6.2.7. Use the RefRatings Application in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.
6.3. Reservation of Rights
Users further acknowledge and agree that the RefRatings Application is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the RefRatings Application under this Agreement, or any other rights thereto other than to use the RefRatings Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. RefRatings and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the RefRatings Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to Users in this Agreement.
7.1. Copyright Information and Personal & Non-Commercial Use Limitation
Content within the Services, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by RefRatings and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. RefRatings does not claim ownership of intellectual property owned by third parties. Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Services. In addition, Users must not:
7.1.1. Modify copies of any materials available through the Services;
7.1.2. Reprint or electronically reproduce any content available through the Services, in whole or in part;
7.1.3. Provide copyrighted or other proprietary content to RefRatings or make such content available through the Services without permission from the owner of such material or rights;
7.1.4. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Services; or
7.1.5. Access or use for any commercial purposes any part of or materials available through the Services. Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Services in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Services, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold RefRatings harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Services.
7.2. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without their authorization and is available within the Services in a way that may constitute copyright infringement, he/she may provide notice of their claim to RefRatings’s designated agent listed below. For notice to be effective, it must include the following information:
7.2.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.2.2. A description of the copyrighted work that You claim has been infringed;
7.2.3. A description of where the allegedly infringing material is located within the Services;
7.2.4. Information reasonably sufficient to permit RefRatings to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
7.2.5. A statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
7.2.6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
RefRatings’ Designated Agent is:
Name: RefRatings Customer Support Team
Address: 450 N Brand Blvd. Suite 600 Glendale CA 91203
RefRatings’ designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Services. All other inquiries to the designated agent will not be answered.
RefRatings owns or is in the process of registering trademarks for its many goods and services, including, without limitation, “RefRatings” and the associated graphics, logos and service marks and may not be used without prior written consent of RefRatings. All other trademarks, product names, and company names and logos appearing within the Services are the property of their respective owners.
7.4. Ideas and Inventions
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to RefRatings in connection with Your use of the Services shall be the exclusive property of RefRatings. You agree that unless otherwise prohibited by law RefRatings may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
8.1. Interactive Services
The Services may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content or materials (collectively, “User Content”). Users understand and acknowledge that by using the Services, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the Services constitutes their acceptance of such risk.
All User Content must comply with the Content Standards set out in Section 8.3 of this Agreement. Any User Content Users post on or through the Services will be considered non-confidential and non-proprietary. By posting any User Content on or through the Services, Users grant RefRatings and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that:
(i) Users own or control all rights in and to their User Content;
(ii) Users have the right to grant the license granted above to RefRatings and its respective licensees, successors and assigns; and
(iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not RefRatings, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. User Content becomes public information, can be collected and used by others, and may result in the receipt of unsolicited messages from third parties. RefRatings discourages Users from posting any personal information that can be used to identify or locate Users, such as User addresses, email addresses, or phone numbers.
IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICES, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFRATINGS IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICES.
8.2. Monitoring and Enforcement; Termination
RefRatings does not undertake a review of material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, RefRatings assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. RefRatings has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. RefRatings does reserve the right, however, at its sole discretion, to take any of the following actions:
8.2.1. Remove or refuse to post any User Content for any or no reason;
8.2.2. Take any action with respect to any User Content that RefRatings deems necessary or appropriate, including, without limitation, if RefRatings believes that any User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other Users or the public or could create liability for RefRatings;
8.2.3. Disclose User identity or other information about Users to any third party who claims that material posted by Users violates their rights, including their intellectual property rights or their right to privacy;
8.2.4. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services;
8.2.5. Terminate or suspend access to Your User Account or all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement.
Without limiting the foregoing, RefRatings reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services. USERS WAIVE AND HOLD HARMLESS REFRATINGS AND REFRATINGS PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8.3. Content Standards
User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not:
8.3.1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
8.3.2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
8.3.3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
8.3.4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement;
8.3.5. Be intended or likely to deceive any person;
8.3.6. Advocate, promote, or assist any illegal activity;
8.3.7. Be likely to upset, embarrass, alarm, or annoy any other person;
8.3.8. Impersonate any person, or misrepresent the User’s identity or affiliation with any person or organization;
8.3.9. Involve commercial activities, sales, or advertising;
8.3.10. Contain any links without prior written permission from RefRatings; or
8.3.11. Give the impression that it is endorsed by RefRatings or any other person or entity, if this is not the case.
Users agree not to use the Services for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
9.1. Engage in any illegal activity, or the planning of any illegal activity;
9.2. Threaten, harass, abuse, or otherwise intimidate any User(s);
9.3. Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of RefRatings, its Users, or any third party;
9.4. Use the Services for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
9.5. Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
9.6. Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
9.7. Send or cause to be generated any unwanted email to any User(s);
9.8. Send or cause to be generated any unwanted messages in interactive services;
9.9. Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Services;
9.10. Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Services for any purpose;
9.11. Using any unauthorized programs that interact with the software in any way for any purpose, including, but not limited to intercepting, emulating, or redirecting any communication, or collecting information or reading memory used by RefRatings;
9.12. Improperly using support or complaint features of the Service or making false reports to RefRatings;
9.13. Selling or transferring an Account or any attributes related thereto;
9.14. Involve commercial activities, sales, or advertising;
9.15. Engaging in any activity to gain an unfair advantage over RefRatings or other Users, or otherwise acting in an unfair manner by exploiting a fault in RefRatings software, by collusion or by any other unfair or illegal methods; or
9.16. Engaging in any other activity deemed by RefRatings to be in conflict with the spirit or intent of this Agreement.
Any use of the Services in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account termination, withholding of the balance of Your Account, prohibition from using the Services, and/or legal action. Users understand that any attempt to deliberately damage the Services may also be a violation of criminal and/or civil laws and RefRatings reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to firstname.lastname@example.org, with the subject heading “Violations.” Please report responsibly.
10.1. Disclaimer of Warranties
Users expressly acknowledge and agree that use of the Services is at their sole risk. Users further acknowledge and agree that the Services are provided on an “AS IS” and “as available” basis. Neither RefRatings nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by RefRatings as well their respective officers, directors, members, managers, representatives, agents, employees, investors or the like (collectively “RefRatings Providers”), warrant that services affiliated with RefRatings, including, but not limited to, the Site, the RefRatings Application, and the services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REFRATINGS AND THE REFRATINGS PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. REFRATINGS AND THE REFRATINGS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES.
NEITHER REFRATINGS NOR ANY REFRATINGS PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE SERVICES. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER REFRATINGS NOR ANY REFRATINGS PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICES (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE SERVICES) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED REFRATINGS REPRESENTATIVE.
10.2. Limitations on Liability
NEITHER REFRATINGS NOR THE REFRATINGS PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF REFRATINGS AND THE REFRATINGS PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER REFRATINGS NOR THE REFRATINGS PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY, ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF REFRATINGS OR THE REFRATINGS PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE SERVICES; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT NEITHER REFRATINGS NOR THE REFRATINGS PROVIDERS SHALL BE LIABLE TO USERS FOR ANY LOSS OR DAMAGES DUE TO VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT, MOBILE HANDSET, TABLET, SOFTWARE, DATA OR OTHER PROPERTY RESULTING FROM USERS’ USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, REFRATINGS’ LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO REFRATINGS FOR USE OF THE SERVICES DURING THE TERM OF THEIR REGISTRATION.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
RefRatings conducts maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Services will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that RefRatings may update the Services with or without notifying Users. RefRatings also reserves the right to modify or discontinue operation of any aspect of the Services at any time, including, without limitation, the availability of the RefRatings Application, Site, or any features or content thereon. RefRatings may also impose limits on certain features and offerings or restrict access to parts or all of the Services with or without notice to Users and without liability to Users or any third party.
As required by California Code Section 1789.3, this notice is to advise Users that (i) the Services are provided by RefRatings at 450 N Brand Blvd. Suite 600 Glendale CA 91203 and that (ii) a fee may be charged for certain offerings, including, without limitation, in connection with Services. RefRatings reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Services or desire further information on use of the Services, please contact the Customer Support Team via email@example.com. Users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
For general queries related to RefRatings, visit our FAQ page, available at http://refratings.com/faq, which lists a range of answers to common questions.
15.2. Contact Us
If the FAQs do not provide an answer to Your query, the Customer Support Team would love to hear from You. Please reach out by sending us an email at firstname.lastname@example.org or filling out the ‘Contact Us’ form on the Q&A page with the following information:
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Users agree to work with RefRatings in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Services before escalating to binding arbitration or litigation, as addressed below. The following steps are available to players:
16.1. Initial Dispute Resolution
Users must give RefRatings an opportunity to resolve the Dispute by sending an email to email@example.com, with the subject line “Dispute” or mailing RefRatings, Attn: Customer Support Team, 450 N. Brand Blvd Suite 600 Glendale, CA 91203. The written notification of Dispute must include: (i) the User’s name and email address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
16.2. Escalate to Management
Should You be in any way dissatisfied with the resolution provided by the Customer Support Team regarding Your query, dispute or complaint, You can request that the matter be escalated to a member of our Management Team. Once received our Management Team will personally review and respond to Your query, dispute or complaint. Please allow up to three (3) business days for a response.
16.3. Binding Arbitration
Should a User be in any way dissatisfied with the resolution provided by the Management Team regarding the Dispute or in the event that the parties are unable to resolve the Dispute within fourteen (14) days of RefRatings’ receipt of the User’s written notification, then either party may initiate binding arbitration as the sole means to resolve the Dispute, subject to the terms set forth below. Specifically, all Disputes arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or a User’s use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1-(800)-778-7879.
The parties further agree that arbitration shall be initiated in Los Angeles, California and to submit to the personal jurisdiction of any federal or state court in Los Angeles, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND REFRATINGS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Litigation of Intellectual Property and Small Claims Court
Notwithstanding the parties' decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court located in Los Angeles, California to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Los Angeles, California for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of California shall be applied in any litigation proceedings, without regard to principles of conflict of laws. Users further agree to accept service of process by mail.
30-Day Right to Opt-Out
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to RefRatings, Attn: RefRatings Legal, 450 N. Brand Blvd Suite 600 Glendale, CA 91203. The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with RefRatings through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with RefRatings. If Users opt-out of these provisions, RefRatings also will not be bound by them. Any opt-out request received after the Opt-Out Deadline will not be valid and Users must pursue their Dispute through binding arbitration or small claims court.
17.1. Relationship of Parties/No Third Party Beneficiaries
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and RefRatings as a result of this Agreement or their use of the Services. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of RefRatings and RefRatings shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
No failure or forbearance on RefRatings’ part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the Services or otherwise interrupt or attempt to interrupt the operations of RefRatings (collectively, a “Circumvention Act”). If RefRatings determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Services, then, in such an event, RefRatings reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold harmless RefRatings and the RefRatings Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Services, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. RefRatings reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify RefRatings, and Users agree to cooperate with RefRatings’ defense of these claims. RefRatings will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their RefRatings Account or of the Services.
17.5. Force Majeure
RefRatings shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Address: 450 N. Brand Blvd Suite 600 Glendale, CA 91203
Any notices Users provide that do not comply with this Section 17.6 shall have no legal effect.
17.7. Entire Agreement
RefRatings’ performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of RefRatings’ right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Services or information provided to or gathered by RefRatings with respect to such use.
By visiting the Site, You agree that the laws of the state of California will govern these Terms, without giving effect to any principles of conflicts of laws.
THE SECTION TITLES IN THESE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Please visit this page regularly for updates to these Terms.