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Privacy Commitment
Introduction

ReferMe, Inc. ("ReferMe") reserves the right to change this Privacy Policy from time to time at its sole discretion and without sending notice to you, so you should review this Privacy Policy periodically. The effective date of this notice and any revised or changed notice may be found on this page, on the bottom left hand corner of the notice.

Privacy, Feedback and Confidential Information

ReferMe does not want to receive confidential or proprietary information from you through the Site. Any non-personal information or material sent to ReferMe will be deemed NOT to be confidential. By sending ReferMe any non-personal information or material, you grant ReferMe an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that ReferMe is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

  • ReferMe will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant ReferMe permission to do so; (b) ReferMe first notifies you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) ReferMe is requested or required to do so by law. To learn more about how ReferMe protects your personal information, such as your name and address, please contact legal@referquest.com.
  • You are not authorized to post on or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
Computer Information

ReferMe logs your current Internet address (this is usually a temporary address assigned by your Internet service provider when you log in), the type of operating system you are using, and the type of browser software used. In addition, ReferMe may keep track of what portions of this Site you are visiting. ReferMe aggregates this information to help ReferMe improve or create a better experience for users of the Site. For example: ReferMe may upgrade those parts of the Site that are heavily visited.

Cookies

A cookie is a piece of information that a web site sends to your computer, which is stored in a file on your computer's hard drive. A cookie does not tell us your individual identity unless you have chosen to provide it to us. Most cookies expire after a defined period of time.

Personally Identifiable Information

The preceding paragraphs describe the categories of personally identifiable information that ReferMe collects in this Site. ReferMe does not share this information with any third parties. Given the limited information collected and the form in which ReferMe receives it, ReferMe does not offer a process for review and changes to personal information.

ReferMe may also disclose personally identifiable information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any information you provide violates the rights of third parties; (d) protect the rights, property, or personal safety of ReferMe, its users and/or the public; or (e) in the event that all or substantially all of ReferMe's assets are acquired by a third party.

If you wish to change personally identifiable information that you have provided ReferMe, please contact legal@referquest.com.

Aggregated Data

ReferMe may use, transmit, distribute, and/or publish any aggregation of data and information received, collected and/or compiled by the Site, including metrics, compilations and/or marketing or similar materials provided that ReferMe will not disclose your personally identifiable information (such as contact information or names). For example, ReferMe may tell its advertisers that X% of its male users between the ages of 21 and 35 request referrals for apartments in New York.

Encryption

ReferMe uses no encryption (data scrambling) on certain portions of the Site. When you are on any web site that asks you for confidential information, you should check to see if the information being transmitted is encrypted in order to increase the security of your information.

Children and Minors.

ReferMe makes no active effort to collect personal information from children under the age of 18 and does not wish to receive any such information.

Additional Rights:

Applicable laws may give you additional rights that are not described in this online privacy policy.

For further information on Privacy matters contact legal@referquest.com.

Effective Date: 10/24/2008

  
User Agreements
Agreement

The ReferQuest Web Site (the "Site") is an online information service provided by ReferMe, Inc. ("ReferMe"), and is available subject to your compliance with the terms and conditions set forth below. Nothing in this Site shall be construed as creating any warranty or other obligation on the part of ReferMe.

Agreement. Please read the following information carefully before using this Site. By clicking "I accept" below, you agree to be bound by this Agreement. If you do not agree with any part of the Agreement, do not use this Site. ReferMe reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time, and by using this Site after the posting of a modification, you accept the modification.

Disclaimer of Warranties; Limitation of Liability. ALL PROPERTIES, GOODS AND SERVICES DESCRIBED ON THE SITE MAY BE SUBJECT TO PRIOR REFERRAL/SALE AND EACH USER IS RESPONSIBLE FOR DETERMINING THE LEGALITY OF THE USER'S OWN OFFERS AND POSTINGS, including but not limited to, (a) offering, paying or accepting referral or finder's fees, (b) requesting or providing certain goods and services, or (c) requesting or providing certain goods and services over the Internet. Accuracy of the information provided on this Site cannot be guaranteed and ReferMe makes no warranties or representations as to its accuracy. Because much of the content of this Site is provided by users and not by ReferMe, THIS SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Because much of the content of this Site if provided by users and not by ReferMe and transactions are provided solely by users, ReferMe HAS NO RESPONSIBILITY OR LIABILITY FOR THE CONTENTS OF ANY POSTING OR THE RESULTS (OR LACK OF RESULTS) OF ANY POSTING OR TRANSACTION. These warranties are hereby excluded to the fullest extent permissible by law. UNDER NO CIRCUMSTANCES SHALL ReferMe BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law, or $100.00, whichever is less.

Payment. In using this Site, you agree to pay the fees owed to users who accept your offer(s) and to ReferMe, and you will not circumvent our billing process or fee structure or arrange "behind the back" transactions that avoid paying a fee owed to ReferMe. When you pay the amount you owe for a referral by using the payment process provided on this Site (which currently is provided through a link to a third-party payment mechanism for collection and disbursement of funds), the fee owed to ReferMe is automatically deducted and sent to ReferMe. AT NO TIME DOES REFERME CONTROL ANY FUNDS DUE TO ANY THIRD PARTY. BECAUSE PAYMENT DEPENDS UPON THE USERS' ACTIONS AND NOT ON REFERME'S ACTIONS, REFERME DOES NOT AND CANNOT GUARANTEE ANY PAYMENTS TO ANYONE REGARDLESS OF GOODS OR SERVICES PROVIDED OR REFERRALS MADE. Any disputes must be resolved between and among the users; ReferMe has no obligation to resolve any disputes.

Privacy. Personal information transmitted to ReferMe will be treated in accordance with our Privacy Policy.

Our Copyrighted Materials; Infringement Claims. The copyrights in all text, images, screens and other materials provided on this Site (collectively, the "Materials") are owned by ReferMe and/or by third parties. Except as provided below, none of the Materials may be copied, distributed, displayed, downloaded, or transmitted in any form or by any means without the prior written permission of ReferMe or the copyright owner. Unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If you believe that any of the Materials infringe on any third party's rights, please contact ReferMe immediately at the address provided below. Except as expressly provided herein, ReferMe and the third parties reserve all rights with respect to the Materials, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ReferMe's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE. Infringement Notice

Trademarks. Trademarks and service marks that may be referred to on this Site are the property of ReferMe or their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission. The name of ReferMe or the ReferMe logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission. You are not authorized to use our logo as a hyperlink to this Site unless you obtain ReferMe's written permission in advance. Notwithstanding the foregoing, we will permit you to use our logo as a hyperlink for designated purposes by using the technology available on this Site.

Your Submissions for Posting. ReferMe does not claim ownership of the materials you post, upload, input or submit to this Site or its associated services (including through the use of the Site) (collectively "Submissions"). By posting, uploading, inputting, providing or submitting your Submission you are granting ReferMe and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database right you have in the Submissions, in any media known now or in the future and permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission, and to publish your name in connection with your Submission.

No Compensation; Removal of Submissions. No compensation will be paid with respect to the use of your Submission. ReferMe may remove any Submission at any time in ReferMe's sole discretion.

Your Warranties about Submissions. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Content Provided by You and by Others. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, and any articles users submit for publication on the Site or other materials ("Content"), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person who provided such Content. This means that you, and not ReferMe, are entirely responsible for all Content that you upload, post, e-mail or otherwise transmit via the Service.

Disclaimer for Content. You understand that by using the Site you may be exposed to third party Content that is offensive or objectionable. UNDER NO CIRCUMSTANCES WILL REFERME BE LIABLE IN ANY WAY FOR ANY THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED OR OTHERWISE TRANSMITTED VIA THE SITE. You agree that you must evaluate, and shall solely bear, all risks associated with use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Ratings. Users will have the opportunity to rate their experiences on this Site and to provide accurate, fair and respectful comments. You may submit a rating only once for any transaction. You may not post a rating for anyone (a) to whom you are related; (b) for whom you work; or (c) against whom you compete.

Right to Preserve and Disclose. ReferMe may preserve Content and all other information you provide. ReferMe may also disclose Content all other information you provide if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) protect the rights, property, or personal safety of ReferMe, its users and/or the public; or (e) in the event that all or substantially all of ReferMe's assets are acquired by a third party.

Prohibited Actions. You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Site to human perceivable form or create derivative works based upon the Site or any part thereof; (b) disable any licensing or control features of the Site; (c) introduce into the Site any virus or other code or routine intended to disrupt or damage the Site, or alter, damage or delete any Content, or retrieve or record information about the Site or its users; (d) merge the Site or Content with another program or create derivative works based on the Site or Content; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Site or Content; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Content or access to the Site to others; (g) use, or allow the use of, the Site or the Content in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) misuse or undermine our rating system; or (i) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Site. Except as expressly provided herein, ReferMe and the third parties reserve all rights with respect to the Site, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.

Prohibited Content. You are solely responsible for the Content you provide, and ReferMe acts merely as a conduit for its distribution and publication. ReferMe reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion (including, without limitation, rejecting, removal, and refusal to post any Content) if ReferMe believes information you provide is inappropriate for the Site, may violate this Agreement, may create liability for ReferMe, or may cause ReferMe to lose (in whole or in part) the services of its ISPs or other suppliers, or is otherwise objectionable. ReferMe may also restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without notice, and without liability. You agree that the Content you provide will not, to the best of your knowledge: (A) be racist, supportive of terrorist activities, defamatory, libelous, unlawfully threatening or unlawfully harassing; (B) contain nudity, violence, or offensive subject matter or contains a link to an adult website; (C) contain restricted or password only access pages or hidden pages or images or "web bugs" or "web beacons"; (D) solicit personal information from anyone under eighteen (18) years of age; (E) harass or advocate harassment of another person; (F) infringe any third party's copyright, trademark, service mark, trade secret, or other proprietary rights or rights of publicity or privacy; (G) include a photograph of another person that you have posted without that person's consent; (H) promote information, Material, or Content that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, libelous, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law; (I) involve the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming"; (J) violate any law or regulation (including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising); (K) violate the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violate any state or local law prohibiting discrimination on the basis of these or other characteristics); nor (L) violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability. USERS ARE PROHIBITED FROM USING ANY CONTACT INFORMATION THAT MAY APPEAR ON THIS SITE (INCLUDING BUT NOT LIMITED TO TELEPHONE NUMBERS, FAX NUMBERS OR E-MAIL ADDRESSES) FOR PURPOSES OF MARKETING OR PROMOTING THE GOODS OR SERVICES OF THE USER OR FOR ANY THIRD PARTY GOODS OR SERVICES.

Acceptance of Risks. You agree to accept all risks associated with the use of the Site and understand that any information posted using the Site may be accessed by third parties and should not be considered to be secure or protected. You are responsible for using your good judgment in what you post to the Site.

Issuance of Passwords. When this Agreement has been accepted and agreed to by you, the password that you create will soon be activated to enable you to access the Site. Passwords may not be shared or used by more than one individual. It is each individual user's responsibility to remember and protect such password and not to disclose it to any other person. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary.

Prohibition on Scripts, Bots, etc. You shall not access or use the Site by means of any automated program, expert system, electronic agent or "bot," and shall not give any person or entity access to the Site.

Lost Passwords. In the event your Password is lost or stolen it is your responsibility to notify ReferMe at the address listed in the "Contact Us" section.

Your Comments Submitted to ReferMe. Comments, suggestions, ideas, concepts, know-how, techniques, or materials (including without limitation original or creative materials) sent or transmitted to ReferMe for purposes other than advertising appropriate land, goods or services (collectively "Comments") shall be deemed to be non-confidential and shall become the sole property of ReferMe. Subject to the conditions described on the privacy page of this Site, ReferMe shall have no obligation of any kind with respect to such Comments and shall be free to use, copy, modify and/or distribute the Comments to others without limitation for any purpose, commercial or otherwise, without compensation or acknowledgement to you, including, but not limited to developing and marketing products incorporating such Comments.

Ownership of Usage Data. ReferMe may collect and aggregate data about your usage of the Site, and ReferMe shall be the sole owner of such information.

Links. Although ReferMe controls a few hyperlinks in the Site, some links within this Site may lead to third-party sites. ReferMe includes these third-party links solely as a convenience to you. The presence of a link does not imply an endorsement of the linked site, its operator, or its contents, or that ReferMe is in any way affiliated with the linked site. The Site does not incorporate any materials appearing in such linked sites by reference. ReferMe reserves the right to terminate a link to a third party web site at any time. The third party sites are not controlled by ReferMe, and may have different terms of use and privacy policies, which ReferMe encourages you to review.

Release; California Civil Code Waiver. Content may be offensive, harmful or inaccurate. You agree to look solely to the original posting party for any claims you may have regarding their information. If you have a dispute with one or more users, you release ReferMe (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Must Be At Least 18 Years Old to Use This Site. At this Site ReferMe makes no active effort to collect personal information from individuals under the age of 18. Although ReferMe requires that Site users must be at least eighteen (18) years of age or older, you must nonetheless ensure that Content you provide is acceptable for viewing by Site users who might not be adults.

Site Controlled from United States. This Site is controlled from offices within the United States. ReferMe makes no representation that content or materials in this Site are appropriate or available for use in other jurisdictions. Access to this Site content or materials from jurisdictions where such access is illegal is strictly prohibited. If you choose to access this Site from other jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws. THE LAWS OF DELAWARE WILL GOVERN THE CONTENT AND MATERIALS CONTAINED IN THIS SITE, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS AND YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF DELAWARE IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS.

Not Authorized to Do Business In Every Jurisdiction. ReferMe is not authorized to do business in every jurisdiction. Information published on this Site may contain references or cross-references to land, goods or services that are not available in your state or country.

Entire Agreement; Severability. You acknowledge that you have read and understood this Agreement and that you agree to be bound by its terms and conditions. You further agree that this Agreement, together with the Privacy Policy, which is hereby incorporated into this Agreement by reference, constitute the complete and exclusive statement of the Agreement between you and ReferMe and supersedes all other proposals or prior agreements oral or written, and any other communications relating to the subject matter of this Agreement. If any provision of this Agreement is found unenforceable, it shall not affect the validity of this Agreement, which shall remain valid and enforceable according to its terms.

Contact Us

For further information, or inquiries about this Agreement, please contact:
Camille Landau
ReferMe, Inc.
10801 National Blvd, #600
Los Angeles, CA 90064
310.237.5646
legal@ReferQuest.com

October 24, 2008 I am of legal age to enter into this Agreement.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

Service Provider(s): ReferMe, Inc.
Name of Agent Designated to Receive Camille_Landau
Notification of Claimed Infringement:
Full Address of Designated Agent to 10801_National_Blvd.,_#600_,Los_Angeles_CA_90064
Which Notification Should be Sent:
Telephone Number of Designated Agent: 310-237-5646
Facsimile Number of Designated Agent: 310-424-5786
Email Address of Designated Agent: legal@ReferQuest.com

To be effective, the Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • 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.