RefTown Terms and Conditions
RefTown welcomes you. RefTown provides the Services (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.reftown.com. By accessing and using the RefTown, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular RefTown owned or operated services, you and RefTown shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. RefTown may also offer other services that are governed by different Terms of Service.
RefTown provides users with access to a collection of resources, including without limitation various communications tools, forums, and personalized content which may be accessed through any various medium or device now known or hereafter developed (the "RefTown Services"). You also understand and agree that the RefTown Services may include advertisements and that these advertisements are necessary for RefTown to provide the RefTown Services. You also understand and agree that the RefTown Services may include certain communications from RefTown, such as service announcements and administrative messages, and that these communications are considered part of RefTown use and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current RefTown Services, shall be subject to the TOS. You understand and agree that the RefTown Services is provided "AS-IS" and that RefTown assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the RefTown Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the RefTown Services.
You understand that the technical processing and transmission of the RefTown Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In consideration of your use of the RefTown Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the RefTown Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the RefTown Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or RefTown has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, RefTown has the right to suspend or terminate your account and refuse any and all current or future use of the RefTown Services (or any portion thereof). RefTown is concerned about the safety and privacy of all its users.
RefTown respects each individual's right to privacy.
Registration data and certain other information about you are subject to collection and use, including the transfer of this information to the United States and/or other countries for storage, processing and use by RefTown and its affiliates.
Collection of Your Personal Information
Some personally identifiable information is used by RefTown to identify you. RefTown only collects this information when it is voluntarily submitted via our web site by you or is entered by administrators of our customer organizations of which you are a member.
Use of Your Personal Information
RefTown collects and uses your personal information to operate the RefTown web site, respond to your inquiries, fulfill your requests, and deliver the services you have requested. RefTown may also contact you about your opinion of current services or of potential new services that may be offered. Additionally, RefTown automatically emails you reminders and notifications based on the customer organization's preferences.
RefTown does not give, share, sell, rent, or lease your personal information to third parties.
Security of Your Information
To prevent unauthorized access or disclosure, and to ensure the appropriate use of the information, RefTown employs appropriate physical, technical, and managerial precautions to safeguard your personally identifiable information.
Computer Tracking and Cookies
Our web site is not set up to track, collect or distribute personal information not entered by visitors. Our logs may generate certain kinds of site usage data, such as the number of hits and visits to our sites. This info is used only for internal purposes by technical support staff to provide better service or to investigate possible misuse.
In the future, we may opt to use third party advertisements on RefTown to support our site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our site, which will also send these advertisers information including your IP address, your ISP , the browser you used to visit our site, and the operating system of your computer.
You will receive a password and account designation upon completing the RefTown Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify RefTown of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. RefTown cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not RefTown, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the RefTown Services. RefTown does not control the Content posted via the RefTown Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the RefTown Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will RefTown be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the RefTown Services.
You agree to not use the RefTown Services to:
You acknowledge that RefTown may or may not pre-screen Content, but that RefTown and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the RefTown Services. Without limiting the foregoing, RefTown and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by RefTown or submitted to RefTown, including without limitation information in RefTown Message Boards and in all other parts of the RefTown Services.
You acknowledge, consent and agree that RefTown may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of RefTown, its users and the public.
You understand that the RefTown Services and software embodied within the RefTown Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RefTown and/or content providers who provide content to the RefTown Services. You may not attempt to override or circumvent any of the usage rules embedded into the RefTown Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the RefTown Services, in whole or in part, is strictly prohibited.
When you register with RefTown, you acknowledge that in using the RefTown Services to send electronic communications (including but not limited to email, search queries, uploading photos, and other Internet activities), you will be causing communications to be sent through RefTown 's computer networks. As a result, and also as a result of RefTown's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the RefTown Services and transfer, posting and uploading of software, technology, and other technical data via the RefTown Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the RefTown Services to parties identified on such lists; (b) agree not to use the RefTown Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the RefTown Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
RefTown does not claim ownership of Content you submit or make available for inclusion on the RefTown Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the RefTown Services, you grant RefTown the following worldwide, royalty-free and non-exclusive license(s), perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the RefTown Services are those areas of the RefTown network of properties that are intended by RefTown to be available to the general public. However, publicly accessible areas of the RefTown Services would not include portions of RefTown that are limited to subscribers, RefTown services intended for private communication.
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to RefTown through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) RefTown is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) RefTown shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) RefTown may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of RefTown without any obligation of RefTown to you; and (f) you are not entitled to any compensation or reimbursement of any kind from RefTown under any circumstances.
You agree to indemnify and hold RefTown and its, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the RefTown Services, your use of the RefTown Services, your connection to the RefTown Services, your violation of the TOS, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the RefTown Services (including Content, advertisements, Software and your RefTown ID).
You acknowledge that RefTown may establish general practices and limits concerning use of the RefTown Services, including without limitation the maximum number of days that Content will be retained by the RefTown Services, the maximum number of email messages that may be sent from an account on the RefTown Services, the maximum size of any email message that may be sent from an account on the RefTown Services, and the maximum disk space that will be allotted on RefTown's servers on your behalf. You acknowledge that RefTown reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that RefTown reserves the right to modify these general practices and limits from time to time.
RefTown reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the RefTown Services (or any part thereof) with or without notice. You agree that RefTown shall not be liable to you or to any third party for any modification, suspension or discontinuance of the RefTown Services (or any part thereof).
You may terminate your RefTown account and access to the RefTown Services by submitting such termination request to RefTown.
You agree that RefTown may, without prior notice, immediately terminate, limit your access to or suspend your RefTown account, and access to the RefTown Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the RefTown Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the RefTown Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in RefTown 's sole discretion and that RefTown shall not be liable to you or any third party for any termination of your account, or access to the RefTown Services.
Termination of your RefTown account includes any or all of the following: (a) removal of access to all or part of the offerings within the RefTown Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the RefTown Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the RefTown Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that RefTown shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the RefTown Services.
The RefTown Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that RefTown is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that RefTown shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the RefTown Services and any necessary software used in connection with the RefTown Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the RefTown Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by RefTown or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the RefTown Services, such Content or the Software, in whole or in part.
RefTown grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the RefTown Services. You agree not to access the RefTown Services by any means other than through the interface that is provided by RefTown for use in accessing the RefTown Services.
RefTown warrants that RefTown, when properly used, will perform substantially in accordance with the capabilities offered by RefTown during the Subscription Period purchased by the subscribing party. RefTown's entire liability and your exclusive remedy shall be, at sole option, repair of that portion of RefTown that does not meet this warranty, or return of the Subscription Fees paid, to the subscribing party
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, UNLESS OTHERWISE STATED:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REFTOWN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REFTOWN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE REFTOWN SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE REFTOWN SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE REFTOWN SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REFTOWN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE MAKES NO GUARANTEES, PROMISES OR OTHER REPRESENATIONS REGARDING, AND SHALL NOT BE LIABLE FOR, THE ACCURACY OR COMPLETENESS OF ANY DATA OR OTHER INFORMATION CONTAINED OR ENTERED INTO THE REFTOWN SERVICE, OR FOR THE RELIANCE BY ANY USER, TO SUCH USER'S DETRIMENT, ON ANY DATA OR OTHER INFORMATION ENTERED INTO THE REFTOWN SERVICE.
REFTOWN SHALL NOT BE LIABLE FOR THE CORRUPTION OR ERASURE OF ANY DATA OR OTHER INFORMATION ENTERED INTO THE REFTOWN SERVICE AS A RESULT OF. INCLUDING BUT NOT LIMITED TO, SERVER SOFTWARE FAILURE, SERVER HARDWARE FAILURE, DATABASE FILE CORRUPTION, DATABASE SECURITY INFILTRATION, TRANSACTION FAILURE, NETWORK OR OTHERWISE, ANY AND ALL ACTS OF GOD, EXPLOSIONS, POWER BLACKOUTS, WARS, WATER, LABOR DISPUTES, RIOTS, THEFTS, ACTS OF THE PUBLIC ENEMY, ACCIDENTS, ACTS OF GOVERNMENT, ACTS OR OMISSIONS OF USER, THIRD PARTIES, OR ANY COMMUNICATION CARRIERS, OR FAILURE OF ANY PERSONAL COMPUTER OR OTHER ACCESS TO THE REFTOWN SERVICE, OR ANY OTHER CAUSE BEYOND REASONABLE CONTROL OF REFTOWN WHETHER OR NOT SIMILAR TO THE FOREGOING.
REFTOWN'S TOTAL LIABILITY, IF ANY, ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE SUBSCRIPTION FEES PAID FOR ACCESS AND USE OF THE REFTOWN SERVICE. THE FOREGOING RESTRICTIONS, DISCLAIMERS AND LIMITATIONS SHALL APPLY AND REMAIN IN FORCE EVEN IN THE EVENT OF A BREACH BY REFTOWN OF A FUNDAMENTAL TERM OR CONDITION HEREUNDER, OR IN THE EVENT OF A BREACH THAT CONSTITUTES A FUNDAMENTAL BREACH. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
RefTown may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the RefTown Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the RefTown Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the RefTown Services in an authorized manner.
You agree that all of RefTown's trademarks, trade names, service marks and other RefTown logos and brand features, and product and service names are trademarks and the property of RefTown. Without RefTown's prior permission, you agree not to display or use in any manner the RefTown's logo.
RefTown respects the intellectual property of others, and we ask our users to do the same. RefTown may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide RefTown Copyright Agent the following information:
RefTown's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: email@example.com
Entire Agreement. The TOS constitutes the entire agreement between you and RefTown and governs your use of the RefTown Services, superseding any prior version of this TOS between you and RefTown with respect to the RefTown Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other RefTown services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and RefTown each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and RefTown, shall be brought exclusively in the courts located in the county of Washington, Oregon or the U.S. District Court for Oregon. You and RefTown agree to submit to the personal jurisdiction of the courts located within the county of Washington, Oregon or the U.S. District Court for Oregon, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of RefTown to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your RefTown account is non-transferable and any rights to your RefTown ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the RefTown Services or the TOS must be filed within thirty (30) days after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our webmaster @ firstname.lastname@example.org
Last updated May 1, 2011
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