Last Revised 5/25/2011
Before you register with Hello Referrals, Inc. (Hello Referrals), you must read and agree to this Terms of Service (“TOS”). By using the Hello Referrals services (the “Service”), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by Hello Referrals, Inc. and you.
Hello Referrals may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the TOS at any time at: http://www.helloreferrals.com/terms
Description of Service
Hello Referrals is a web-based referral management application from Hello Referrals, Inc. (the “Service”). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis. You understand that your content may be transferred unencrypted over the internet.
Membership
You must be at least eighteen (18) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service.
Proper Use
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to:
- use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Hello Referrals, Inc.;
- use the Service for any fraudulent or inappropriate purpose;
- resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Hello Referrals, Inc.;
- use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
Payment Terms
If you change your Referral Network to a paid subscription, the service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade accounts, or for months unused with an open account.
All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Security
Members are responsible for providing all personal computer and communications equipment necessary to gain access to the Site and use of the Services, which is through a combination of a unique ID (email address) and a password chosen by the Member. You must keep your user name and password strictly confidential. You are solely responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your password or account with or without your knowledge.
You may not use or access other Members’ accounts. You may not sell, trade or exchange your Hello Referrals account or password to any other party. Members must promptly notify the Hello Referrals of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of your ID or password. Unauthorized access to the Service is a breach of this Agreement.
Until Hello Referrals, Inc. is notified by e-mail at info@helloreferrals.com of a breach in security, the Member will remain liable for any unauthorized use of the Site or its Services.
Ownership of Information
You own the Information you provide to us and may modify it at any time.
Content shared on the Site, may or may not be deleted by us when an account is terminated. You understand that removed content may persist on the live site or in backup copies.
Hello Referrals retains an irrevocable, perpetual, worldwide, royalty-free right to duplicate, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any Information you provide (other than private account information), directly or indirectly, on the Site, including but not limited to any user generated content, ideas, concepts, techniques or data, without any further consent, notice, and/or compensation to you or to any third parties.
Modification to Fees and Services
Hello Referrals, Inc reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. Hello Referrals, Inc. reserves the right to change Service fees upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Hello Referrals Site (www.helloreferrals.com) or the Service itself.
Cancellation and Termination
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Profile tab and then Billing page. The Billing page has a simple “Cancel account” link. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. Hello Referrals, Inc. may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
Use of the Site through Mobile Devices
If you access the Site or the Services through a mobile device, you agree that information about your use may be communicated to us, including but not limited to your mobile carrier, your type of mobile device, areas of the Site visited, or your physical location. In addition, your use of the Site or the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Site or the Services using a mobile device, you represent that to the extent you import any of the Information on the Site to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. Therefore, you should check with your provider to find out if access to the Site is available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Site or the Services, you are explicitly confirming your acceptance of the terms of any End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
We currently provide our mobile services for free, but please be aware that your carrier’s normal rates and fees, such as text messaging fees, will still apply. In the event you change or deactivate your mobile telephone number, it is your responsibility to update your Hello Referrals account information promptly to prevent Information being sent to your old number.
Sending and Receiving Referrals
You acknowledge that by sending a referral on the Site, the person you are referring wishes to be contacted, has given you permission to share their contact information, and is expecting to be contacted by a Member.
You acknowledge that Hello Referrals is in no way responsible for the quality or quantity of referrals you receive. You acknowledge that it is your responsibility to follow up with the person referred to you and there is absolutely no guarantee that any referral will result in a sale for you.
You agree to follow-up with referred parties in a professional manner and should a referred person or organization not be interested in your services, you will no longer contact them for sales or any other purposes. You will not redistribute, sell, or share any contact information obtained on the Site.
If you have received a referral via a Reward Offer or through a Bounty that you have created, you are not obligated to issue rewards/bounties to the referring party however, Members who send you referrals via a Reward Offer or through a Bounty that you’ve created, will expect to be compensated for successful referrals; failure to do so will reflect poorly on you and your business. Hello Referrals will not be liable for damages done to either personal and/or business reputation as a result of activities on the Site. It is up to the receiving Member to decide if a Bounty or Referral Reward Offer will be issued. Hello Referrals is not responsible for unfulfilled Bounties or Referral Reward Offers as it is up to the discretion of the receiving Member.
Intellectual Property Rights
You acknowledge that Hello Referrals, Inc. owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by United States and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Hello Referrals, Inc. claims no intellectual property rights over the material you provide to the Service.
Contact Importation
If you chose to import contacts you will do so in accordance with the ‘terms of use’ of the service from which you are importing, including but not limited to: Yahoo, Gmail, America Online, MSNHotmail, LinkedIn, Outlook (the “Third Party Service Providers”). Contact importation is a courtesy service of OpenInviter.com® and we will in no way be responsible for any information that it is imported nor will we be liable for any contractual agreements or violations of any Third Party Service Provider’s specific ‘terms of use’ agreed to by that service’s members. Hello Referrals is in no way affiliated with the Third Party Service Providers. The Third Party Service Provider trademarks/logos are properties of their respective companies and are in no way connected with Hello Referrals, Inc.. We will work in full compliance upon any request made by a Third Party Service Provider. Contact importation is for the sole purpose of allowing you to connect with people whom you already personally know and network with. If you are found spamming or using the importation feature for ANY malicious activities you will be subject to having your account terminated and may face criminal and/or civil prosecution.
Ratings & Reviews and other User-generated Content
All ratings and reviews of a member displayed to you reflect the opinions of other consumers and professionals and do not reflect or represent the views, opinions or representations of Hello Referrals; its parent, subsidiary, or affiliated companies; or its employees, officers, directors, or shareholders, and we disclaim any and all representations or warranties with regard to the ratings and reviews. Hello Referrals does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
Hello Referrals does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Site. You acknowledge that we simply act as a passive conduit and an interactive Web-based computer platform for the publication and distribution of content and for the publication and distribution of any Information posted by users in response to content. You understand and agree that all Information and User Provider Content posted on, transmitted through or linked through the Site is the sole responsibility of the person from whom such content originated. You understand that we do not control, and are not responsible for Information or User Provider Content made available through the Site, and that by using the Site and the Services, you may be exposed to Information that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Information and User Provider Content. You further acknowledge that Hello Referrals has no obligation to screen, preview, monitor, or approve any Information or User Provider Content on the Site, or content posted or submitted by any Member or other user, although we may exercise the right to do so.
You agree that Hello Referrals is not responsible for the accessibility or unavailability of any Member or for your interactions and dealings with them, and you waive the right to bring or assert any claim against Hello Referrals relating to any interactions or dealings with any Member or other user, and release Hello Referrals from any and all liability for or relating to any interactions or dealings with members.
Disclaimer of Warranties
Hello Referrals, Inc. does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the mathematical calculations performed by the Service is accurate. The Services are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
Limitation of Liability
You expressly understand and agree that Hello Referrals, Inc. shall not be liable 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 Hello Referrals, Inc. has been advised of the possibility of such damages), resulting from your usage of the Service.
Indemnification
You agree to hold harmless and indemnify Hello Referral, Inc. and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Hello Referrals, Inc. will provide you with written notice of such claim, suit or action.
The failure of Hello Referrals, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Hello Referrals, Inc. and govern your use of the Service, superseding any prior agreements between you and Hello Referrals, Inc. (including, but not limited to, any prior versions of the TOS).
Export Control
Your use of the Site or the Services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software
Governing Law and Miscellaneous
This Agreement and the relationship between you and Hello Referrals will be governed by the laws of the Commonwealth of Wisconsin, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to your use of the Site or the Services shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. Use of the Site or the Services is void where prohibited. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal courts of Wisconsin (the “Wisconsin Courts”) for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Wisconsin Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Wisconsin courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Hello Referrals failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Questions
If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact us at tos@helloreferrals.com or at Hello Referrals, Inc. 583 D’Onofrio Drive, Suite 218 Madison, WI 53719