- We may modify this TOU at any time without notice to you by posting revised TOU on the site. You can review the most current version of the TOU at any time at www.Referlex.com.
- Your use of the Service constitutes your binding acceptance of the TOU, including any modifications that we make. This Agreement will constitute a binding and enforceable agreement between you (individually and in your individual capacity as an employee, officer, agent, partner, etc. of each organization you represent in connection with any use of the Service) and Referlex. By using the Service, you acknowledge and agree that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Referlex Web site.
- Where you use the Service in the course of your employment or business, you enter into this Agreement both on your own behalf and in your individual capacity as an employee, officer, agent, partner, etc. of such organization which you represent, and references in this Agreement to "you" shall mean both you as the individual user of the Service and you in your capacity as a representative of your organization.
DESCRIPTION OF SERVICE
- The Service currently provides users with access to a collection of content, including legal information, educational information, Internet search services, marketing information, marketing services, hosted Web sites and business information through its network of properties.
- You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Referlex to provide the Service. Free Web site's on Referlex's Referlex.net service may have search functionality provided by a third party service. A search box providing this search functionality may be placed anywhere on a Web page, including the top of the Web page. Any search that takes place on the Referlex.net Web site may lead to a search results page on the third party site which may include advertisements. This advertising revenue will be split between the third party search provider and Referlex. Referlex will also include links on the free Referlex.net Web sites to Referlex and other online Web sites. These links may be in the header, footer, Web Resources Page or Web Blog page. In addition Referlex reserves the right to place paid advertisements on the Referlex.net under the footer of the Web site's pages.
- You also understand and agree that the Service may include certain communications from Referlex, such as service announcements, administrative messages and the Referlex Newsletter, and that these communications are considered part of Referlex membership 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 Service, including the release of new Referlex properties, shall be subject to the TOU.
- You understand and agree that the Service is provided "AS-IS" and that Referlex 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 Service 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 Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- a. Restrict, suspend or terminate your access to all or any part of the Service; b. Change, suspend or discontinue all or any part of the Service; c. Refuse, move or remove any material that you submit to the Service for any reason; d. Refuse, move, or remove any content that is available on the Service; e. Deactivate or delete your accounts and all related information and files in your account; f. Establish general practices and limits concerning use of the Service
- You agree that we will not be liable to you or any third party for taking any of these actions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
- Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
NO LEGAL ADVICE - The Service and all Content are provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. Any information contained in the Content or this Service should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter. No recipient of Content from the Service should act or refrain from acting on the basis of any Content included in, or accessible through, the Service without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient's state, country or other appropriate licensing jurisdiction.
INDEMNITY - You agree to indemnify and hold Referlex, and its subsidiaries, affiliates, employees, information providers, partners, licensors, agents, co-branders, officers, directors, owners and employees, 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 or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.
NO RESALE OF SERVICE - You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Referlex Account Identification), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE - You acknowledge that Referlex may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on Referlex's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Referlex has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that Referlex reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Referlex reserves the right to modify these general practices and limits from time to time.
MODIFICATIONS TO SERVICE - Referlex reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Referlex shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TERMINATION - You agree that Referlex may, under certain circumstances and without prior notice, immediately terminate your Referlex account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Referlex account includes (a) removal of access to all offerings within the Service, including but not limited to Referlex Message Boards and Web sites, (b) deletion of your password and all related account information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Referlex's sole discretion and that Referlex shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
LINKS - The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. Because Referlex has no control over such sites and resources, you acknowledge and agree that Referlex 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 Referlex 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.
Referlex's PROPRIETARY RIGHTS - You acknowledge and agree that the Service and any necessary software used in connection with the Service ("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 sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Referlex or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
- Referlex 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 of, 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, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Referlex for use in accessing the Service.
- Referlex claims no copyright in any works of the US Federal Government or US State Governments, including court documents, codes, and regulations. We provide a copy of these documents to Public.Resource.org (see 29 below) where they can be downloaded in bulk.
DISCLAIMER OF WARRANTIES - YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Referlex EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE AND NON-INFRINGEMENT.
- Referlex MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Referlex OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
LIMITATION OF LIABILITY - YOU EXPRESSLY UNDERSTAND AND AGREE THAT Referlex SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 Referlex HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS - 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 17 AND 18 MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
SPECIAL ADMONITION FOR SERVICES RELATING TO LEGAL INFORMATION - If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning legal information or services, please read the above Sections 17 and 18 again. They go doubly for you. The Service is provided for informational purposes only, and no Content included in the Service should be relied on as a substitution for the legal advice from a licensed lawyer. Referlex, its licensors and partners shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
NO THIRD PARTY BENEFICIARIES - You agree that, except as otherwise expressly provided in this TOU, there shall be no third party beneficiaries to this Agreement.
NOTICE - Referlex may provide you with notices, including those regarding changes to the TOU, by either email, regular mail, or postings on the Service.
TRADEMARK INFORMATION - Referlex and the Referlex logo are trademarks of Referlex Inc. (the "Referlex Marks"). Without Referlex's prior permission, you agree not to display or use in any manner, the Referlex Marks.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT - Referlex respects the intellectual property of others, and we ask our users to do the same. Referlex 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 Referlex's Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
AGENT FOR NOTICE - Referlex's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: C. LeRoy Melcher 3262 Westheimer Road, No. 222 Houston, Texas 77098
By email: contact
GENERAL INFORMATION - Entire Agreement - The TOU constitutes the entire agreement between you and Referlex and govern your use of the Service, superseding any prior agreements between you and Referlex. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Referlex services, affiliate services, third-party content or third-party software.
- Choice of Law and Forum - The TOU and the relationship between you and Referlex shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Referlex agree to submit to the personal and exclusive jurisdiction of the courts located in Harris County, Texas.
- Arbitration - Referlex may elect to resolve any controversy or claim arising out of or relating to these TOU or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of Santa Clara, Texas, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in the county of Santa Clara, Texas, necessary to protect the rights or property of you or Referlex (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
- Waiver and Severability of Terms - The failure of Referlex to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU 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 TOU remain in full force and effect.
- No Right of Survivorship and Non-Transferability - You agree that your Referlex account is non-transferable and any rights to your Referlex I.D. 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 Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- TITLES - The section titles in the TOU are for convenience only and have no legal or contractual effect.
- VIOLATIONS - Please report any violations of the TOU to our Terms of Service Group.