TERMS OF SERVICE (the “TERMS”)
ACCEPTANCE OF TERMS
Services provided at referralheaven.com are "as is" with no express or
implied warranty for accuracy or accessibility.
Tom Brett. has done its utmost to ensure
that the material and calculations displayed on referralheaven.com are accurate.
However, errors may occur. Tom Brett. accepts no responsibility or liability
for any incorrect material.
Use this site at your own risk.
You understand and agree that the use of referralheaven.com may include
advertisements and that these advertisements are necessary for referralheaven.com to
provide its services and material (the “Service”).
Unless explicitly stated otherwise, any new features that augment or enhance
the current Service, including the release of new referralheaven.com properties, are
subject to the Terms.
Under no circumstances will Tom Brett be liable in any way for any referralheaven.com
content, including, but not limited to, for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use of
or reliance upon any content posted, emailed, transmitted, or otherwise made
available via the Service.
You agree that you must evaluate, and bear all risks associated with, the
use of any referralheaven.com content, including any reliance on the accuracy, completeness,
or usefulness of such content.
You acknowledge and expressly consent to Tom Brett accessing, preserving, and
disclosing your account information if required to do so by law or in the good
faith belief that such access, preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond
to claims that any referralheaven.com content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the rights,
property, or personal safety of Tom Brett, its users and the public.
PERMITTED USE
Except as expressly permitted in the Terms, you agree not to reproduce,
duplicate, copy, sell, trade, or exploit for any commercial purposes, any
portion of the Service , use of the Service, or access to the Service.
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 Tom Brett 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.
This software is provided "as is" without express or implied
warranty.
INTERNATIONAL COMPLIANCE
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 Canada or the country in which you reside.
MODIFICATIONS TO SERVICE
Tom Brett reserves the right at any time to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice. You
agree that Tom Brett will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, WARRANTIES,
REPRESENTATIONS, OR CONDITIONS associated with such dealings, are solely
between you and such advertiser. You agree that Tom Brett is not responsible or
liable for any loss or damage of any sort incurred as a result of such dealings
or as a result of the presence of such advertisers on the Service.
LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Tom Brett has no control over such sites and
resources, you acknowledge and agree that Tom Brett 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 Tom Brett is not 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.
DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND CONDITIONS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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(a)
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Tom Brett EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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(b)
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Tom Brett 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.
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(c)
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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.
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(d)
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM Tom Brett OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
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LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tom Brett 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 Tom Brett 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,
REPRESENTATIONS AND CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
GENERAL INFORMATION
Entire Agreement. The Terms constitute the entire
agreement between you and Tom Brett and govern your use of the Service,
superseding any prior agreements, oral or written, between you and Tom Brett with
respect to the Service.
Choice of Law and Forum. The Terms and the
relationship between you and Tom Brett shall be governed by the laws of the
province of British Columbia and Canada without regard to its conflict of law
provisions. You and Tom Brett agree to submit to the personal and exclusive
jurisdiction of the courts located within the province of British Columbia,
Canada.
Waiver and Severability of Terms. The failure of Tom Brett to
exercise or enforce any right or provision of the Terms shall not constitute a
waiver of such right or provision. If any provision of the Terms is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavour to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in
full force and effect.
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 related to the Terms must be filed within one
(1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to
do, make, execute, deliver, or cause to be done, made, executed, or delivered,
all such further acts, documents, and things as Tom Brett may reasonably require
from time to time for the purpose of giving effect to these Terms, including
regularly reviewing the Terms and updating your registration information.
The section titles in the Terms are for convenience only and have no legal
or contractual effect.
