Terms and Conditions
Please Note! You are concluding a Legally Binding Agreement.
By using RadReferral or any webpage or teleconference available through RadReferral, any information provided as part of the RadReferral services, or any related emails, newsletters or services (hereinafter collectively “RadReferral” or the “Services”), or by clicking “Join RadReferral” during the registration process, you conclude a legally binding agreement with RadReferral, 1310 King William Woods Road, Midlothian, VA 23113 (“we”) based on the terms of this RadReferral User Agreement (“Agreement”) and become a RadReferral user (“User”). If you are using RadReferral on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Join RadReferral” and do not access, view, download or otherwise use any RadReferral webpage, information or services.
We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality service and first-rate Internet. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.
1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
- DOs and DON’Ts
- Notice and Take-Down Procedure Terms for Complaints re. Copyright Infringement and Content
- Other Notices
- RadReferral’s Privacy Policy
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any User generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding this Agreement, a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any contractual restrictions or other third party rights. You further agree to inform RadReferral in the event that any such information has changed since your registration with RadReferral and, if appropriate, you agree to make such modifications yourself to your profile.
RadReferral exercises no control over any content you or others submit while using RadReferral. RadReferral has no obligation to verify the identity of any Users when they are connected to the site or on one of our calls or to supervise the content which has been provided by Users. Note that we describe our current practices related to personally identifiable information collected through RadReferral in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform RadReferral.
Prior to joining RadReferral, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of RadReferral Users and to RadReferral and you must not communicate to RadReferral and its Users any information the dissemination of which could be harmful to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from RadReferral; (c) are not a direct competitor of RadReferral; (d) do not have more than one RadReferral account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to RadReferral.
Keep your password secure: Keep your password confidential, do not use other Users’ accounts and do not let others use your account; you are responsible for anything that happens through your account - until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your RadReferral account or any information therein to another party or charging anyone for access to any portion of RadReferral, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to RadReferral or (c) any activity in which you engage on or through the RadReferral.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Teleconferences/Forums/Blogs/Chat Rooms: RadReferral may include, in addition to its teleconferences, various forums, blogs and chat rooms where you can post your observations and comments on designated topics. RadReferral cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not discuss it or post it on the Service. RADREFERRAL AND THE RADREFERRAL AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY TELECONFERENCES, FORUMS, BLOGS AND CHAT ROOMS.
Privacy: You should carefully read our full Privacy Policy before deciding to become a User of RadReferral. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.
2. Your Rights — What You May Do
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable right to access our teleconferences to which you have been accepted as a member. We grant you no other rights, implied or otherwise.
3. Our Rights and Obligations — What We Must And May Do
The purpose of RadReferral is to provide a service to facilitate professional networking among Users in your teleconference group.
For as long as RadReferral continues to offer services, RadReferral shall provide (and seek to update, improve and expand, in similar and different new ways) the RadReferral platform and service with the purpose of providing all members with professional networking connectivity, through RadReferral’s proprietary tools, rules and protocols which RadReferral may update, improve, discontinue and change at any time, at RadReferral’s sole discretion.
Any other use of RadReferral as a means of generating revenue through the sale of contacts or information to others is strictly prohibited and is a violation of this Agreement.
We allow you to access RadReferral teleconferences and web material as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue RadReferral, partially or entirely, or to charge and modify prices for RadReferral. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in RadReferral and all related items.
RadReferral reserves the right to revoke your privileges to our service at any time with or without notice.
RadReferral may include or automatically produce links in emails to third party web sites (“Third Party Sites”) or advertising on its calls. RadReferral is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources.
RadReferral enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by RadReferral and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).
Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to RadReferral’s Privacy Policy.
You are solely responsible for your interactions with other members. RadReferral reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if RadReferral determines, in its sole discretion, that doing so is prudent.
4. Disclaimer
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON RADREFERRAL, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR RADREFERRAL AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY RADREFERRAL OR ANYTHING RELATED TO RADREFERRAL, YOU MAY LEAVE RADREFERRAL AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
RADREFERRAL DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, RADREFERRAL DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
RADREFERRAL DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. RADREFERRAL DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, RADREFERRAL DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE RADREFERRAL SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO RADREFERRAL.
5. Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither RadReferral corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“RadReferral Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from RadReferral even if RadReferral is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
1. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
2. not apply to any damage that RadReferral Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.
3. Termination
You may terminate this Agreement, for any or no cause, at any time, with notice to RadReferral which shall be effective upon RadReferral processing such notice. RadReferral may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. Termination of your RadReferral account includes disabling your access to RadReferral (including all teleconferences) and may also bar you from any future use of RadReferral.
In furtherance and without limiting the foregoing, RadReferral has adopted a policy of terminating, in appropriate circumstances and at RadReferral’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act.
RadReferral may also at its sole discretion limit access to the Service and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
6. Consequences of Termination
Upon termination, you lose access to RadReferral. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.
7. Virginia Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any RadReferral Affiliate arising out of or relating to the Agreement or RadReferral (“Disputes”) shall be governed by Virginia law.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Richmond, Virginia, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
8. General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.RadReferral.com, and via email or any other communications means to contact information you provide to us. You may also notify us RadReferral Corporation, 1310 King William Woods Road, Midlothian, VA 23113 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.RadReferral.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any RadReferral Affiliate shall be deemed legally binding on any RadReferral Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of RadReferral.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: RadReferral Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, RadReferral Corporation for any third party that assumes our rights and obligations under this Agreement.
9. Complaints
Regarding copyright infringement complaints, see our policies and procedures for Complaints regarding Copyright Infringement. With respect to content-related complaints, see our policies and procedures for Complaints Regarding Content.
10. RadReferral User DOs & DON’Ts
As a condition to access RadReferral, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
DO comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements; provide accurate information to us and update it as necessary; review the Privacy Policy; review and comply with notices sent by RadReferral concerning RadReferral; DON’T duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit RadReferral (excluding content posted by you) except as permitted in the User Agreement; reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide RadReferral, or any part thereof; utilize information, content or any data you view on and/or obtain from RadReferral to provide any service that is competitive, in RadReferral’s sole discretion, with RadReferral; imply or state, directly or indirectly, that you are affiliated with or endorsed by RadReferral unless you have entered in to a written agreement with RadReferral Corporation (this includes representing yourself as an accredited RadReferral trainer if you have not been certified by RadReferral as such); adapt, modify or create derivative works based on RadReferral or technology underlying the Services, or other Users’ content, in whole or part; rent, lease, loan, trade, sell/re-sell access to RadReferral or any information therein, or the equivalent, in whole or part; remove, cover or otherwise obscure any form of advertisement included as part of RadReferral; use any information obtained from RadReferral to harass, abuse or harm another person; interfere with or disrupt RadReferral, including but not limited to any teleconferences, servers or networks connected to RadReferral, or disobey any requirements, procedures, policies or regulations of networks connected to the RadReferral; create a false identity on RadReferral; or an identify that falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; attend any teleconference under a fictitious name or in an anonymous manner infringe or use RadReferral’s brand, logos and/or trademarks, including, without limitation, using the word “RadReferral” in any business name, email, or URL or including RadReferral’s trademarks and logos on any website without authorization; Participate, directly or indirectly, in the setting up or development of a network which seeks to implement practices which are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a network thereof or other similar practices; RadReferral Privacy Policy This page summarizes the key highlights from our privacy policy. For more information, read our full privacy policy. Personal information collected We may collect information: When you register an account to become a RadReferral user (“User”), such as your name, e-mail, country, location, occupation and a password. When you add to your profile with further information about yourself or your private contacts We may use cookies and other technologies to recognize you, customize your experience and serve advertisements. Uses of personal information We use the information you provide to: Administer your account with us and customize the service we provide to you. To send you teleconference information, service or promotional communications through email and notices on the RadReferral website. We do not sell, rent or otherwise provide your personal identifiable information to any third parties for marketing purposes. We provide you with the means to control whether or not your contact information is shared with another User. Enable you to share your information and communicate with other Users, or provide (usually at your option) your personal details to third parties offering combined services with RadReferral.