Terms of Service
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LAST UPDATED JUNE 13, 2023
Terms of Service
Agreement between user and Ref Insight
Welcome to RefInsight.com. The RefInsight.com website is comprised of various web pages operated by Ref Insight LLC ("Ref Insight"). RefInsight.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained in these Terms of Service (the "Terms"). Your use of RefInsight.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. RefInsight.com is an E-commerce website. RefInsight.com is an online service for hosting sports-related officiating assignments and facilitating payments.
Please read the following Terms carefully. They govern your use of our (hereafter referred to as “we”, “us”, “our”, “Company” or “Ref Insight”) software, services, mobile application, website and platform which are cumulatively referred to in this Agreement as our “Site”. By using our Site, you acknowledge that you have read and understood all of the Terms, and you agree to be bound by these Terms.
Persons or businesses that decide to fully access all the features available through our Site are required to register as a “User” which allows them to participate in the use of our Site. The term “User,” “you”, and “your” means registered users, advertisers, businesses, or third-party service providers whether they are a person, company, business, or organization.
As a User you specifically agree to these Terms, as well as our Privacy Policy. You agree and accept these Terms and the Privacy Policy all of which form a binding agreement (“Agreement”) between you and us. Each User acknowledges that this Agreement governs use of the “Content” (as that term is defined below) and our Site that we make available to Users.
If you do not agree to these Terms, you agree that you will not use our Site. The Company reserves the right to change the Terms under which our Site is offered and will change the “Last Updated” date appearing at the top of the page, so check back often. If you do not agree to the amended Terms, you agree to stop using our Site. You will be deemed to have accepted the amended Terms if you continue to use our Site after such amended terms are posted showing the “Last Updated” date. Any changes will be effective immediately upon the posting of the new date. Your continued use of our Site after the effective date of a revised version of this Agreement constitutes your acceptance of the Terms.
Before using our Site, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time. Even if you agree to our Terms, we may deny you access in our sole and absolute discretion, for any reason or no reason, and without notice.
Privacy
Your use of RefInsight.com is subject to Ref Insight’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting RefInsight.com or sending emails to Ref Insight constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
Provided that you are eligible to use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ref Insight is not responsible for third party access to your account that results from theft or misappropriation of your account. Ref Insight and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Ref Insight collects personally identifiable information from children under the age of thirteen. Ref Insight collects this information for the following reason(s):
Specific sporting events that utilize the services of minors and children under the age of 13 as on-field officials.
By using this Site, you represent, acknowledge, and agree that if you are under the age of thirteen (13) years of age (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. A parent or guardian email address must be stored within your Ref Insight profile for all electronic communication to be copied to if you are under thirteen (13) years of age. If you are a parent or guardian and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement.
Children Under Eighteen
By using this Site, you represent, acknowledge, and agree that if you are under eighteen (18) years of age but are at least 13 years old (a “Minor”), that you are using the Site with the consent of your parent of legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. A parent or guardian email address must be stored within your Ref Insight profile for all electronic communication to be copied to if you are under eighteen (18) years of age. If you are a parent or guardian and you have questions regarding our data collection practices, please contact us using the information provided at the end of this Agreement.
Links to Third Party Sites/Third Party Services
RefInsight.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ref Insight and Ref Insight is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ref Insight is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ref Insight of the third party Linked Site or any association with its operators. Certain services made available via RefInsight.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the RefInsight.com domain, you hereby acknowledge and consent that Ref Insight may share such information and data with any third party with whom Ref Insight has a contractual relationship to provide the requested product, service or functionality on behalf of RefInsight.com users and customers. The inclusion of any links to those third-party sites does not imply that we recommend or endorse the services they provide, or the views expressed by them. Additionally, we may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products or services, so we have a conflict of interest and/or interest in the information we provide or the Services we make available on our Site and that information may be biased as a result.
Description of Services Available through Our Site. Ref Insight provides Users with a sublicense to its software available through this Site which enables organizations and their members, employees, coaches, and/or referees to operate a referee assigning and general operations platform. The software and services being provided enable organizations and their Users to use Ref Insight’s platform to manage the general operational needs of the organization surrounding use management, referee assignments, game schedule management, events, assessments, game reports, and payments. The software, services and platform are cumulatively referred to in this Agreement as the “Services”. Organizations that use our Services are required to also enter into a separate agreement with us.
Ref Insight’s Intellectual Property. As used in this Agreement, the term “Intellectual Property” shall mean all of Ref Insight’s inventions, programming code, design patterns, algorithms, methods, software, processes, methods, products, source code, programming, intellectual property, software, application programming interface (api), copyright, patent applications, and other proprietary rights; specifications, drawings, sketches, models, samples, tools, computer programs, technical information, or other related information.
License and Ownership.
Ref Insight grants Users a limited, non-exclusive, non-assignable, non-transferable license to access and use its Services in legally authorized jurisdictions for personal, business, and commercial purposes. This license is contingent upon your compliance with these Terms and the Privacy Policy. If at any time, you do not agree to these Terms and the Privacy Policy then you agree you shall immediately give written notice to Ref Insight and cease using the Services. Any unauthorized use of the Services shall automatically terminate the license granted to you by Ref Insight for such use. You shall be solely responsible for your actions and the contents of your transmissions or information posted via the Services. You acknowledge and agree that the Services, Intellectual Property, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Services shall at all times remain Ref Insight’s sole property. You agree that the Services being provided by Ref Insight are not a work for hire and that Ref Insight is the sole owner of Ref Insight’s intellectual property as well as all copyright thereto (other than those items obtained as open source software or items licensed or purchased by Ref Insight from a third party provider). Since this is not a work for hire you will not acquire any right, title, or interest in or to the Services, except for the non-exclusive license to use the Services in accordance with this Agreement. You understand and agree that you do not obtain any rights to sell, rent, copy, disseminate, transfer, decompile, or modify any of the Services or any of Ref Insight’s Intellectual Property for the use by any third parties or for any other reason not set forth in this Agreement.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use RefInsight.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Ref Insight that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics is the property of Ref Insight or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes there to. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Ref Insight content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Ref Insight and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Ref Insight or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, instant messaging, internal email, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Ref Insight has no obligation to monitor the Communication Services. However, Ref Insight reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Ref Insight reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Ref Insight reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Ref Insight's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Ref Insight does not control or endorse the content, messages or information found in any Communication Service and, therefore, Ref Insight specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ref Insight spokespersons, and their views do not necessarily reflect those of Ref Insight.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials. Materials provided to RefInsight.com or posted on any Ref Insight web page Ref Insight does not claim ownership of the materials you provide to RefInsight.com (including feedback and suggestions) or post, upload, input or submit to any Ref Insight Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Ref Insight, our affiliated companies and necessary sublicensees 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 will be paid with respect to the use of your Submission, as provided herein. Ref Insight is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ref Insight's sole discretion. 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.
International Users
The Service is controlled, operated, and administered by Ref Insight from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ref Insight content accessed through RefInsight.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Your Use of Our Site
You may use our Site only for legal and appropriate uses. Your access to and use of our Site is completely at the discretion of the Company, and your access to and use of our Site may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:
- You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Application, and with all applicable copyright, trademark, or other intellectual property rights laws.
- You may not upload, post, email, transmit or otherwise make available any content or information which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless you are the owner of the rights or have the permission of the owner to post such content.
- You may not intimidate, harass, stalk, defame or intentionally offend other Users of our Site or any other person or entity.
- You may not post any content that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.
- You may not use our Site to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.
- You may not use our Site if you are a convicted sex offender.
- You may not interfere or attempt to interfere with our Site or another person’s use of our Site by use of any program, script, command, device, software, routine, or otherwise. • You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents your identity or affiliation with another person or entity.
- You may not use a fake or false profile, resume, description, or picture of yourself or others. • You may not use any software, automated program, robot, spider, scraper, or other computerized means to access the Application for any purpose without our advance written permission.
- You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise our Site or system integrity or security in any way.
Warranties and Disclaimer
Ref Insight shall provide its Services and meet its obligations under this Agreement in a timely and professional manner, using knowledge and recommendations for performing the Services which meet generally acceptable standards in Ref Insight's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Ref Insight on similar projects.
Ref Insight provides the Site and the Services on an "as is" and "as available" basis. Ref Insight does not represent or warrant that the Site or the Services or their use: (i) will be uninterrupted, (ii) will be free of inaccuracies or errors, or (iii) will meet the User’s requirements. Ref Insight makes no warranty that the Site or the Services will always be free from bugs, worms, viruses, errors, or other problems commonly associated with web-based programs and software. Without limiting the foregoing, Ref Insight expressly disclaims all warranties, whether express, implied, or statutory, regarding the Site and the Services including, without limitation, any warranty of merchantability, non-infringement, fitness for a particular purpose, that the Site or the Services will meet the User’s specific requirements, that the Site or the Services will function in an uninterrupted manner, or that the Site or the Services will be completely secure and accurate. In no event will the liability of either party in connection with this Agreement exceed the amounts paid, if any, to the other during the previous six (6) months. Ref Insight will make commercially reasonable efforts to maintain availability of its Site and Services with a guarantee of 99.5% availability per month.
User agrees to notify Ref Insight immediately of any unauthorized use of an account, or any other data breaches or breaches of security. Ref Insight will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of the software, whether by desktop computer, laptop, mobile device, or any other computing device and/or account. User agrees to indemnify, defend, and hold Ref Insight harmless from and against any and all claims arising from, in connection with, or related in any way, directly or indirectly, to User’s use and the use by each of its users of the Services.
Disclosure and Disclaimer
By using our Services, you agree to the terms of this Disclosure and Disclaimer. The information contained on our Site is for general information and educational purposes only and may be sourced directly by us or through third party sources believed to be reliable, but we can give no assurance of reliability, accuracy, timeliness or truthfulness. You agree to conduct your own due diligence and research and to accept all risks related to reliance on any information or Services we provide or make available on our Site. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the information made available through on our Site and you agree to hold us harmless from any claims or loss you may suffer as a result of your use of the information or Services made available through our Site. You agree that any reliance you place on the information or Services made available by us or any Users on or through our Site is solely at your own risk and you hereby agree to hold us harmless and indemnify us from any such loss or claims resulting from your use of the information or Services made available by us or others on or through our Site.
We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on our Site. Certain links that may be provided on our Site are provided for convenience and do not imply our endorsement, or approval of any businesses or third-party websites or their content. We are not authorized, registered or licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory.
We have not and will not conduct any due diligence or background checks on Users. By using our Site, you agree to conduct your own due diligence hold us harmless from any loss caused by your purchase or sale of any products or services, or hiring of any User advertising or using our Site. Do not rely on the information provided or the Services made available on our Site. You agree to conduct your own research and due diligence.
Our Site serves as a platform and provides access to our virtual community of Users. We do not offer any legal advice, financial advice, technical advice, personal advice, health advice or medical advice, or advice of any kind and we are not involved in agreements between Users or in any legal or other representation of Users. We simply provide a platform for Users. Users agree and represent that we shall at no point be held liable for the actions or omissions of any User. Users agree and represent that we shall at no point be held liable for the actions or omissions of any User that they either interact with, communicate with, or receive any type of services or products from as a result of connecting on through our Site. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold us harmless and indemnify us from any and all such claims made as a result of your use of our Site, Services, the content or entering into an agreement of any kind with a User or anyone else using our Site or our Services. We do not vouch for any Users. We simply provide a platform on which we make our Services available and provide content that we think may be relevant to our Site’s Users. We do not endorse any Users and do not sanction statements that Users make on our Site.
We do not select or endorse any individual or business User. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to research and do a background check on any User before accepting their advice or services, products, entering into any type of partnership, business, or other relationship, or offering them employment or equity.
No Reliance on User-Generated Content
The Content we may post or that is User-Generated Content posted on the Site, such as blog posts, is provided for informational and research purposes only, with no assurance that the Content is true, correct, or accurate. Content on our Site is not a substitute for professional business, financial, legal, or any other type of advice nor is it a solicitation to offer business, financial, legal, or other type of advice. You should not delay or forego seeking independent advice regarding your particular situation. Delay in seeking such advice could result in waiver of any claims you may have, depending on the applicable statute(s) of limitation. The information made available on our Site is not regulated by any state, federal, or country agency, association, or governing association. You agree we are not a party to any agreement(s) entered into between Users.
We Do Not Guarantee Results
From time to time, Users may submit reviews, comments, feedback, advice, information, or content (“User-Generated Content”); this User-Generated Content does not constitute a guarantee or warranty of any type. You agree that we shall have no responsibility or liability of any kind for any User-Generated Content you encounter on or through our Site, and any use or reliance on User-Generated Content is solely at your own risk. You understand and agree that any User-Generated Content available on or through our Site is for research and general informational purposes only and not to be relied upon.
Compliance with Laws
You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in your jurisdiction to, bind yourself to this Agreement, or if you under eighteen (18) years of age, you have notified your parent or guardian and received permission to use our Site; (ii) your use of our Site will be solely for purposes that are permitted by this Agreement; (iii) your use of our Site will not infringe or misappropriate the intellectual property rights of any third party; and (iv) your use of our Site will comply with all applicable laws, rules, and regulations, and with all other policies, terms and conditions stated in this Agreement.
In no event will we be liable for any loss or damage to you or any third parties including without limitation, indirect or consequential loss or damage, even if we are made aware of it or notified of it by you, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of our Site. Our Site and Services may not always be available or properly functioning and you agree to hold us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access our Site or Services.
In no event will we be liable for any loss or damage to you or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from our negligence or the negligence of any of our Users, service providers or third party sites we link to or contingencies beyond our or any of our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the information or Services. We do not make any representations or warranties that access to our Site or use of our Services will be continuous, uninterrupted, or error-free.
Advertiser Disclosure - Affiliate and Referral Progaams
From time to time, we may enter into various affiliate and referral programs with others for which we receive compensation, so we have a conflict of interest and/or interest in the information we provide or the Services we make available through our Site and that information and/or those Services may be biased as a result.
Indemnification
You agree to indemnify, defend and hold harmless Ref Insight, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ref Insight reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ref Insight in asserting any available defenses.
Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ref Insight agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
Dispute Resolution. To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Wyoming in all disputes arising out of this Agreement or relating to the use of our Site. Any controversies or disputes arising out of or relating to this Agreement shall
be resolved by binding arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator. The parties agree that they shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. The arbitrator shall not have the authority to modify any provisions of this Agreement or to award punitive damages. The arbitrator shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The parties hereby waive any jurisdictional or venue defenses available to them and further consent to service of process by mail. The decision rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement. Each of the parties acknowledges that there is no adequate remedy at law in the event the User uses the Services in any way not permitted hereunder, and hereby agrees that Ref Insight shall be entitled to equitable relief by way of temporary and permanent injunction, and such other and further relief at law or equity as any arbitrator or court of competent jurisdiction may deem just and proper, in addition to any and all other remedies provided for herein. The prevailing party in any dispute resolved by binding arbitration, or litigation if necessary to bring or enforce an injunction, shall be entitled to recover reasonable attorneys’ fees and costs.
Copyright Infringement and DMCA Policy
If you believe that any content located on our Site violates your copyright, please notify us in accordance with Our Digital Millennium Copyright Act Policy.
a. Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will terminate a User’s access to
and use of our Site if the User is considered by us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who we believe repeatedly provide or post protected third-party content without appropriate rights and permissions.
b. DMCA Take-Down Notices. If you are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through our Site infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to the Company’s designated copyright agent: Business: Ref Insight LLC, 30 North Gould Street, Suite N, Sheridan, WY 82801 Attention: Copyright Agent.
c. Response To DMCA Take-Down Notices. If we take action in response to an infringement notice, we will make a good faith attempt to contact the party that made such content available by means of the most recent email address, if
any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the content available or to third parties such as https://lumendatabase.org/.
d. Counter-Notices. If you believe that your content that has been removed from our Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content you submitted, you may send a properly formatted counter notice to the Company’s copyright agent using the contact information set forth above.
e. Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the
removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, or User, the removed content will be reinstated on our Site in ten (10) to fourteen (14) business days after receipt of the counter-notice.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. REF INSIGHT LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
REF INSIGHT LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. REF INSIGHT LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REF INSIGHT LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF REF INSIGHT LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Ref Insight reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ref Insight as a result of this agreement or use of the Site. Ref Insight's performance of this agreement is subject to existing laws and legal process, and nothing
contained in this agreement is in derogation of Ref Insight's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ref Insight with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Ref Insight with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Ref Insight with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
Waiver of Contractual Right
The failure of either party to enforce any provisions of the Agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of the Agreement.
Electronic Acceptance/Clickwrap
You agree that by clicking a simple button to accept the Agreement you agree to all the terms and conditions. You understand that under the U.S. federal Electronic Signatures in Global and National Commerce Act (“ESIGN”), clickwrap agreements, such as this Agreement that simply
requires you to click a box to accept its terms holds the same status as “wet ink” signatures. The signing of this Agreement by clicking the box, signifies your acceptance of the terms and conditions as specified herein. It also signifies that you, or your parent or guardian if you are under eighteen (18) years of age, have the authority to enter into such an agreement.
Use of Services
You represent and warrant to Ref Insight that your use of the Services will not be in violation of any state or federal law or any local ordinance, infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other legal right of any third party and will comply with all applicable laws, rules, and regulations. You further represent and warrant to Ref Insight that you are the true owner of any content uploaded to our Site and that the content is free from any and all restrictions on your right to display or use the content, and that there are, to the best of your knowledge, no pending or threatened claims, demands, or litigation concerning any of the content. Furthermore, you represent to Ref Insight that Ref Insight will not be required to make any payments such as licensing fees or royalties to any third party in connection with the content.
Changes to Terms
Ref Insight reserves the right, in its sole discretion, to change the Terms under which RefInsight.com is offered. The most current version of the Terms will supersede all previous versions. You agree to periodically review the Terms to stay informed of our updates.
Miscellaneous
You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Throughout these Terms, certain sections may include titles and these section titles are not legally binding.
The Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein, represent the entire understanding between you and Company regarding your relationship with the Company and your use of our Site. Any change to these terms not made by us shall not be enforceable unless signed by us in writing. Notwithstanding any provision of these Terms, the Company has available all remedies at law or equity to enforce these Terms.
Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written, signed consent, and any unauthorized assignment and delegation by you is void.
Authorization to Contract
You represent and warrant that if you are an individual, you are of legal age to form a binding contract; or that if you are under eighteen (18) years of age, you have received permission from a parent or guardian; or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to this Agreement.
Contact Us
Ref Insight welcomes your questions or comments regarding the Terms:
Ref Insight LLC
30 North Gould Street, Suite N
Sheridan, WY 82801
Email Address: admin@RefInsight.com
Telephone number: (833) 733-1465
Effective as of June 13, 2023