ReferencePoint - Terms and Conditions

I acknowledge reading and receiving a copy of this "Disclosure to Consumer."

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Terms of Service

1. THE FOLLOWING DESCRIBES THE TERMS ON WHICH ReferencePoint.COM OFFERS YOU ACCESS TO OUR SERVICES.

The services available at http://www.ReferencePoint.com (the "Site") are provided to you ("You") under the following terms and conditions (the "Agreement"). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our Services. ReferencePoint may amend this Agreement at any time by posting the amended terms and conditions on the Site.

2. SERVICES. ReferencePoint does not perform the service requested. ReferencePoint cannot guarantee that a transaction will occur, an estimate provided or a job completed. Further, if a transaction does occur, ReferencePoint has no control over the quality, safety or legality of the item or service sold. ReferencePoint provides a free service for Service Seekers to use in submitting estimate requests. ReferencePoint does not charge Service Seekers to use this service. All charges associated with this service are incurred by the Service Providers.

3. CONDUCT. You agree to provide true, accurate, current and complete information to ReferencePoint and Service Providers when using the Service.

You agree to not use the Service:
a) for any purpose in violation of local, state, national, or international laws;
b) to request the purchase of fire arms;
c) in a manner that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
d) to transmit, post or make available any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by ReferencePoint in its sole discretion;
e) to transmit, post or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "Spam," "chain letters," "pyramid schemes," or any other form of solicitation.
f) To impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
g) To post improper responses;
h) to 'stalk' or otherwise harass another;
i) to distribute viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or telecommunications equipment;
j) to engage in any other conduct that inhibits any other person from using or enjoying ReferencePoint and which negatively affects the user experience.

You acknowledge that ReferencePoint may screen Your requests to Service Providers and has the right (but not the obligation) in our sole discretion to deny any request or remove any content that is in violation of these terms and conditions.

4. PRIVACY. Solely to enable ReferencePoint to use the information you supply us with ("Your Information"), so that we and Service Providers are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. ReferencePoint will only use Your Information in accordance with our Privacy Policy and will require that Service Providers who use Your information use it in accordance with our Privacy Policy. For more information, see our full Privacy Policy.

5. CONTENT. ReferencePoint reserves the right to post the text in the form fields and additional product or service information entered by you in the request form ("Form"). You hereby acknowledge that neither ReferencePoint.com nor any of its partners has or shall have any liability for how the Services are used, what Content is posted or accessed, or what products or services are made available through the Sites.

6. RELEASE. Because we are not involved in the actual transaction between Service Seekers and Service Providers, in the event that you have a dispute, for any reason, You release ReferencePoint (and our officers, directors, agents, and employees) from claims, demands, and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7. REFERENCEPOINT'S PROPRIETARY RIGHTS. You acknowledge and agree that the Service and any necessary software used in connection with the Sites or Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content on ReferencePoint.com is protected by copyrights, trademarks, patents and other proprietary rights and laws. Except as expressly authorized by ReferencePoint, you agree not to modify, sell, distribute or create derivative works based on the Sites, Service or software, in whole or part.

8. UPGRADES, SUPPORT AND NOTICES. From time to time, ReferencePoint may (and has the right to) send You information and offers about upgrades, documentation, special announcements and other services offered by ReferencePoint. Notwithstanding the foregoing, under no circumstances will ReferencePoint have any obligation to provide You with upgrades, enhancements, modifications, or support.

9. INDEMNITY. You agree to indemnify and hold ReferencePoint, its affiliates, officers, members, owners, and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of the following: Your use of the ReferencePoint.com, Your employment or retention of Service Providers contacted through the use of the ReferencePoint site, the violation of this Agreement by You, or the infringement by You, or any third party using Your account, of any intellectual property or other right of any person or entity.

10. WARRANTY DISCLAIMER. You use ReferencePoint at Your own risk. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. ReferencePoint does not make any warranties or guarantees, express or implied with respect to the services or any content or products and hereby disclaims any implied warranties, including, without limitation, those of merchantability, fitness for a particular purpose and non-infringement.

11. LIMITATION OF LIABILITY. IN NO EVENT SHALL ReferencePoint BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITES, THE USE OR THE INABILITY TO USE THE SERVICE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). This service is free for Service Seekers to use in submitting requests and reviewing responses. ReferencePoint does not charge Service seekers to use this service. All charges associated with this service are incurred by the Service Providers.

12. GENERAL. This agreement constitutes the entire agreements between You and ReferencePoint. All rights and obligations shall be governed in all respects by the laws of the State of NC. The State of NC will be the only jurisdiction within which to settle disputes. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto. All communications and notices to be made or given pursuant to this Agreement shall be in the English language. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by You without ReferencePoint's prior written consent. ReferencePoint may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind ReferencePoint in any respect whatsoever. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

13. Arbitration. You agree to submit any and all disputes, claims, controversies or complaints against ReferencePoint a/k/a ReferencePoint.com and its agents, representatives, officers, employees, affiliates and successors to binding arbitration in the state of NC before the American Arbitration Association.

Terms & Conditions

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