Directory/Plans The Company provides
a venue where Members may be found among site searches within
work categories and territories
or counties requested by Members, subject to Company review.
Following initial registration with Our Site, Members agree
to make no assumptions and immediately access the control panel
via Your username and password and to verify that all information
supplied by You is being presented within the Directory accurately
as requested by You. You acknowledge that You will keep
this and all information current and up-to-date. You acknowledge to submit only a top-level domain at registration, if you choose to submit one at all. Sites that are not live or are under construction, subdomains, shared or free sites and pages under the top-level domain hierarchy will not be accepted. You fully understand that any Member listings secured among the Directory are not done so for the purpose of attaining higher search engine rankings or from other internet search facilities.
You
acknowledge that the decision for any Plan type over others
made available to You is Your responsibility and business decision [see Plan types for specifics]. You agree that whether or not or even the degree to which you decide to excercise usage of Your chosen Plan features, including the placement of Employment Job Postings, is solely at your discretion and risk.You agree that all Plans apply to a single-user account only and that You will not attempt to create more more than a single-user, username/password account once the first registration has been entered by You either at www.referwork.com or at referwork-jobs.com . In the event more than a single-user account is created You agree to assume all risk and responsibility as a result of doing so.
Referral Lead Service There are no up-front fees for receiving Leads. All Plan types have this service enabled including the Free Plan Option. The Company will forward leads with
project details based on submitted projects on to Members at
its own discretion. Member agrees to make an independent determination
in the choice of purchasing any Leads and Member bears the
full risk and responsibility as a result of doing so. Additionally, Members will
not transfer, assign or share these leads or information on
project details or Submitters contact information with any
one or any other party and acknowledges that this total information
is for Your use only.
Payment & Fees The Plans are made available on a yearly basis and You agree to make payment by credit card for the Plan type chosen. Leads are made available on a per project basis and You agree to make payment by credit card for any Lead chosen.
[our Refund Policy]
Representations By registering
with the Company, You hereby represent and warrant
to Us
that You are at least 18 years
of age, can enter into a binding legal agreement
and that the
statements and information You made in connection with submitting
a registration, or by way of update, are in fact complete and
accurate and truthful to the best of your knowledge and You
have the full authority and power to enter into this Agreement.
You agree to use the Site and receive services from the Company
at your sole responsibility and risk. You represent that You
are either the sole owner of any information being put forth
or are explicitly authorized to act from another or on their
behalf. Your acknowledge that your business is legal and is
registered, licensed and legal under state, federal and local
laws governing your type of business. Neither Company nor Members
have the authority to make or accept any offers or representations
on behalf of the other, or to obligate, bind or commit in any
respect on behalf of the other. The Company may check from
time to time at its own discretion by various method(s) information
regarding Members, which may include though is not limited
to; contacts to You and others, by telephone, letter, email,
facsimile, searching by URL address and information provided
by credit bureau(s) and better business bureaus and business
entities that apply normally accepted business standards.
Insurance Members will carry and keep current amounts of insurance
equal to or greater than required by state law.
Workers Compensation Insurance Members will carry
and keep current Worker’s Compensation Insurance as required
by state law.
Licensing Members will be licensed for all services it performs,
as required, and will keep all applicable licenses current
and in effect.
Interpretation of Relationship Nothing contained herein or
as a result of Your use of the Site shall be interpreted as
creating any form of partnership, venture, joint enterprise,
agency, employment or franchise relationship between You and
the Company. The Company does not operate in the capacity of
a general contractor. The Company and You shall act independently
and shall have no authority to obligate or bind the other in
any respect.
Usernames and Passwords Usernames and passwords are issued
solely to the Member requesting them. You agree to not share
such username or password to any other person or third party
and are responsible for such uses and also agree that only
a single user at one time may be logged on. In absolutely no
event will the Company be liable for unauthorized use or misuse
of any Members username or password. You agree to notify us immediately if you encounter any problems accessing your control panel with your Username/Password.
Communications During registration and when updating you agree
to provide the Company with valid contact information including
email addresses and telephone numbers and to notify Us when
such information changes. By registering with Our Site You
agree to receive all communications from Us whether written,
by telephone or electronic form including letter, email, telephone
and facsimile transmission respectively, which may pertain
to any of the services we provide, including the Directory
and the Referral Lead Service and contact information supplied
by You. You agree to respond to all communications from Us
made in reference to our services. All communications will
be in relation to current and future services, including the
Site and the Directory and the Referral Lead Service, and also
construction employment matters which the Company is also involved
with at (located at www.referwork-jobs.com) and which communications
may also be made by representatives of the Company.
Modifications The Company may modify, change, alter, append
or update any content, services, rules, systems or operating
procedures, including to pricing and Plans, along with any
portion of this Agreement at any time without notice. Any such modification will be binding and effective immediately following posting of the revised Agreement on the REFERWORK® web site at www.referwork.com. It is
recommended that You periodically review the Site to remain
current with these modifications. Your continued use of the
Site following any modifications will constitute binding acceptance
of the modification.
Site Traffic / Gathering Information While You visit the Site,
the Company may monitor traffic, statistics and collect and
gather information. Which is intended to better gauge user
interests, to streamline the experience, to balance the server
load and to achieve a more efficient management of the Site
too make it more useful.
Headings, Severability Headings used in this Agreement are
for convenience only and have no effect on the meaning or construction
of the Agreement. If any term or condition of this Agreement
is held invalid or unenforceable for any reason, the remainder
of the Agreement continues in full force and effect.
Trademarks, Copyright and Intellectual Property
REFERWORK® is
a federally registered trademark owned by this content provider.
Other trademarks are the property of their respective owners.
The entire contents of the site are the legal property of
this content provider and protected by U.S. copyright laws
and any unauthorized use of any content, including reproduction,
distribution or transmission of materials in any way is prohibited
unless given express written permission by the Company. You
acknowledge that all rights to the registered mark and content
are the exclusive property of this content provider and that
all goodwill generated through the use of the registered
mark will inure to the benefit of the Company, its successors
and assigns. You agree that you gain no title or interest
whatsoever either directly or indirectly, in any trade secret,
trademark, copyright or intellectual property rights as a
result of Your use or registration with the Site. Additionally
you may not copy or modify in any way; any icons, buttons,
banners graphic files or content that is made available to
You through Your use of the Site. Members agree to not disclose
or share any trade secret, confidential or proprietary information
or operations pertaining to the Directory or Lead Referral
Service or their administration, to any other parties without
express written permission by the Company.
If you send any creative ideas, concepts, suggestions,
drawings, information, or materials (collectively "Ideas")
to the Company in printed form, electronic means or otherwise,
the Ideas shall be deemed to be the property of the Company
and shall not be subject to any obligations of confidence,
non-disclosure, or non-usage. The Company is hereby entitled
to unrestricted usage of the Ideas on a worldwide bases without
compensation to the provider of the Ideas.
You grant to the Company a non-exclusive license to utilize
Your corporate, service and trade names, domain name(s), company
names and logos submitted to Us. This license shall terminate
upon the expiration of Members use of the Site within a reasonable
period of time.
Resale and Assignability We reserve the right to assign or
transfer this Agreement or any right or obligation under this
Agreement automatically without Your consent, such as in the
event of a merger or acquisition or otherwise. You may not
to reproduce, copy, duplicate, sell, disseminate, or exploit
any portion of the Site, it’s content or services or
any means of access to the Site or services.
Links to Other Sites Third party links are contained within
the Site. Since these links are provided as a matter of convenience,
the Company does not endorse, sponsor, guarantee, make warranties
or representations whatsoever either expressed or implied and
is not responsible for the content and accuracy on such third
or other party sites that are arrived at by way of link or
other means.
Idemnity You agree to defend, idemnify and hold harmless the
Company, its employees, representatives, agents and officers,
from and against any and all liability, claims, losses, damages,
injuries and expenses, including without limitation reasonable
attorney fees and costs and accounting fees, arising out of,
or in connection with Your use of or alleged use of the Site,
the Directory or Referral Lead Service or other services and
any matter related to this Agreement and the content it incorporates.
You understand that reports of dissatisfaction from Submitters
may result in the removal of Your access from and use of the
Directory and Referral Lead Service without recourse by You.
You agree that if, for any reason whatsoever and at its sole
discretion and without need for explanation or notice, the
Company declines your application for registration or ends
Your use of the Directory or Referral Lead Service it will
be without recourse by You.
General The Site is operated by the Company within the State
Of Ohio, United States of America. You agree and acknowledge
that the services of the Company occur in Lebanon, Ohio, the
principal place of business. This Agreement constitutes the
entire Agreement between the parties with respect to the subject
matter and supersedes all previous written or oral agreements
between the parties with respect to such subject matter.
Disclaimer of Warranties; Limitation
of Liability The Company does not recommend, screen or endorse any information
and
will not be held liable for the validity, truthfulness, accuracy
or reliability of information regardless of type or source
which includes information entered by Submitters that is
passed
on to Members. The Company does not provide advice on which
projects to pursue and any assessment of any potential projects
is Members’ sole responsibility. Members assumes all
responsibility for assessing Submitters financial standing
and credit history and all risks associated with the accuracy,
completeness and suitability of information that Submitters
present as to qualifications and ability to perform contractual
obligations. ALL COMPANY SERVICES ARE FOR INFORMATIONAL PURPOSES
ONLY AND ARE PROVIDED ON AN 'AS IS' and 'AS AVAILABLE' BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY,
FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR EXPECTATIONS
OF PRIVACY. YOU EXPRESSLY AGREE NOT TO RELY EXCUSIVELY ON
THE INFORMATION PROVIDED BY THE COMPANY, REGARDLESS OF PURPOSE
OR REASON, AND WILL HOLD THE COMPANY HARMLESS FOR ANY DAMAGES
INCURRED WHETHER FOR SPECIAL, DIRECT, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES ARISING IN CONNECTION WITH THIS
INFORMATION.
ADDITIONALLY THE COMPANY ASSUMES NO RESPONSIBILITY FOR LOSSES
DUE TO ERRORS OR OMMISSIONS, DOWNTIME, OR ANY LOSSES WHATSOEVER
EVEN IF ADVISED OR GIVEN PRIOR NOTICE OF SUCH LOSS.
The Company offers no assurances or guarantees that purchasing any Plan types offered or registration
with the Site or receiving projects forwarded from Submitters will result
in work being performed as a result of Our efforts. You acknowledge
and agree that the Company is not responsible for any decisions
for work to be entered into between Submitters and Members,
regardless of reason or by whom.
You expressly agree to use the Site, the Directory and Referral
Lead Service solely at your own discretion and risk and assume
any and all responsibility as a result of doing so. You acknowledge
that You are responsible for any and all information You post
or submit to the Site as well as for any loss, liability, damage
or costs You may suffer as a result of Your use of the Site
including with the Directory and Referral Lead Service.
The Company does not warrant that the Site will operate uninterrupted
or error free. Members understand that inaccuracies, typographical
errors and omissions are likely to occur throughout the Site
for which the Company is not held liable. THE COMPANY WILL
NOT BE HELD LIABLE FOR ANY COST OR DAMAGE ARISNG IN CONNECTION
WITH OR RELATIONSHIP TO THE USE OF THE SITE OR ANY THIRD PARTY
SITE, WHETHER CAUSED DIRECTLY OR INDIRECTLY. THIS INCLUDES
ANY LOSS OF DATA, LOSS OF PROFITS, LOSS DUE TO DAMAGE AND RELATED
COSTS TO REPLACE OR REPAIR COMPUTER AND EQUIPMENT SYSTEMS,
SUCH AS FROM VIRUS OR SIMILAR CONTAMINATION OR DESCRUCTIVE
FEATURES OR FROM DOWNTIME.
Some states do not allow exclusion of implied warranties, or
limitation of liability for incidental or consequential damages,
so the above limitations or exclusions may not apply to You.
In such states, the liability of the Company, third party content
providers and their respective agents shall be limited to the
greatest extent permitted by law.
