Terms and Conditions

Effective February 11, 2022

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY. YOUR USE OF THIS WEB SITE AS WELL AS ALL OTHER WEB SITES OWNED AND/OR OPERATED BY REFERAH (INDIVIDUALLY AND COLLECTIVELY, “WEBSITE” OR “SITE” OR “SITES”) AND/OR THE SERVICES PROVIDED BY REFERAH THROUGH OR IN CONNECTION WITH THE SITES (INCLUDING SENIOR HOUSING AND CARE MARKETING AND INFORMATION SERVICES (“SERVICES”)) IS CONSIDERED ACCEPTED BY YOUR CONTINUED USE OF THIS WEBSITE.   BY ACCESSING OR USING OUR SITES OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT USE THE SITES AND/OR THE SERVICES. 

PLEASE NOTE THAT THESE TERMS OF USE CONTAIN A MANDATORY AND BINDING ARBITRATION, CLASS ACTION WAIVER, AND WAIVER OF RIGHT TO JURY TRIAL CLAUSE, WHICH AFFECTS YOUR RIGHTS REGARDING HOW TO RESOLVE ANY DISPUTE WITH REFERAH. PLEASE READ IT CAREFULLY.

The Sites and the Services are provided by Referah, LLC. (“Referah”).

The Terms of Use apply to your access to, and use of, the Sites and/or the Services, so please read them carefully.

CHANGES TO THE TERMS OF USE 

We may revise and update these Terms of Use, the Sites, and/or the Services at any time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. Your continued use of the Site and/or Services following the posting of revised Terms of Use will constitute your acceptance and agree to the changes.  If you do not agree to the amended terms, you must immediately stop using the Sites and/or Services. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you. 

The Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Referah for services, products, or otherwise. Your access to, and use of, the Sites may also be subject to any legal notices or additional terms and conditions applicable to the Sites and/or Services, in addition to these Terms of Use.  Where additional terms (“Additional Terms”) apply to the Services, the Additional Terms will be accessible for you to read through your use of the Services and/or provided separately. These Terms of Use form a legally binding agreement between you and Referah in relation to your use of the Sites and/or Services. It is important that you take the time to read them carefully. 

To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.

We reserve the right to withdraw or amend this Site, and any Service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

OUR SERVICES

Referah is a senior housing and care marketing and information service that provides resources and personalized assistance in finding senior housing and care. We help families find options based on a loved one’s stated needs and preferences and empower them to make informed decisions. This may include independent living, home care, residential care homes, assisted living, specialized memory care, and skilled nursing. Based on the family’s stated needs and preferences, we provide the family with information about subscribed communities (“Community Partners”) and we forward the family’s information to those Community Partners. Families can review detailed information about local and national Community Partners, and get personalized, knowledgeable assistance by telephone from a Referah Senior Living Experts. The service is offered at no charge to families as the Community Partners pay a fee to Referah.

Additional terms and conditions may also apply to specific portions, services, or features of the Site. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

COMMUNITY PARTNERS AND SENIOR HOUSING AND/OR CARE COMMUNITIES

The Community Partners are solely responsible for evaluating, accepting (or declining, as appropriate), and caring for all residents, including, without limitation, ensuring that their staff are appropriately qualified, current on education, and possess the necessary facilities, resources, and equipment to competently provide the services and care required by its residents. Each Participating Community is responsible for the conditions at its community and the training of and acts and omissions of its employees, contractors, vendors, and any other individual who works at or for a community.

Each Participating Community is responsible for the content of the information posted on its page or on the Sites. The information does not represent our views, or any individual associated with us, and we do not control this content. We do not vouch for the accuracy or completeness of any of the information posted by and/or for the Participating Community on the Sites, and do not take any responsibility or assume any liability for any actions you may take as a result of reading the information posted by and/or for the Participating Community on the Sites. By using the Sites and/or Services, you assume all associated risks. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

NO ENDORSEMENT; NO AFFILIATION; NOT A BROKER

We exercise no independent judgment as to the quality of, nor do we recommend or endorse, any Participating Community. We provide only an information service and do not (1) place the consumer in any Participating Community, (2) perform any medical assessment of or for the consumer or the Participating Community, or (3) participate in the consumer’s and Participating Community’s decision regarding final selection or admittance. Further, we are not a representative of or agent for either the consumer or the Participating Community and do not act on either’s behalf. It is the responsibility solely of the Participating Community and the potential resident, and/or the potential resident’s family and care provider(s) and/or other involved parties acting on the potential resident’s behalf to determine if any person is an appropriate admission to the Participating Community. Referah does not broker, sell, or lease space directly and is not a party to any transaction between the provider and the family.

NO PROFESSIONAL ADVICE

All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal, or other advice. Referah expressly disclaims, and you expressly release Referah from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained and licensed specialist for all concerns that require medical, legal, financial, or other professional advice.

PRIVACY AND CONSENT TO COMMUNICATIONS

Your privacy is important to us, and we provide a Privacy Policy that sets out how we collect and use your personal information collected from the Sites and in connection with your use of our Services. Please review our Privacy Policy to which you should refer to fully understand how we collect and use personal information. By filling out any forms on the Sites or providing information to us, you expressly consent to being contacted by us and/or the Community Partners, whether by phone, mobile phone, email, mail, or otherwise and to all other actions we take with respect to your information consistent with our Privacy Policy. If you are a customer or potential customer of the Services, you authorize us to provide the information that you provided us and related information we may receive from third parties to Community Partners for the purpose of providing Services. Such authorization shall continue in effect until you have withdrawn your consent by requesting that we no longer provide you Services; provided that we may continue to refer to and/or disclose your information when communicating with a Participating Community as necessary for our normal Participating Community related business practices (such as Participating Community billing matters) until such matters are closed.

RECORDED TELEPHONE COMMUNICATIONS

Telephone communications between You and Referah may be recorded or monitored for quality control purposes. You expressly consent to Referah recording and monitoring these telephone communications.

CONSENT TO AUTOMATIC TELEPHONE DIALING SYSTEM

You agree to be contacted by Referah and by our senior living customers at the telephone number you have provided. You agree that we and our senior living customers may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number you have provided, even if you previously registered on a Do Not Call registry; however you do not need to consent to this to use our Services.

USE OF SITES; LIMITED LICENSE

You are granted a limited, revocable, non-exclusive, nontransferable, non-sublicensable license to access and use the Sites and all content, data, information, and materials included in the Sites (the “Site Materials”) solely for your personal use, subject to the terms and conditions set forth in these Terms of Use. You will not use the Sites or any of the Site Materials other than for their intended purpose or in any way that is unlawful or harms Referah. Any unauthorized use of this site or the services on this site, other than for its intended purpose, is a violation of the license and use of this site and will result in immediate revocation and termination of access to this site.  This includes, misuse of or violation of any applicable laws, especially trademark or copyright infringement, or communications statutes and regulations. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Referah at any time.

NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITES AND/OR SERVICES

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:

• Using the Sites for commercial purposes.
• Conducting or promoting any illegal activities while using the Sites or Services.
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, Referah computer and/or telecommunication systems or data.
• Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies, or regulations of networks connected to the Sites.
• Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Sites content.
• Engaging in the practices of “screen scraping,” “database scraping,” “data mining,” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web “bots” or similar data gathering or extraction methods for such purposes.
• Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites.
• Attempting to gain access to secured portions of the Sites or interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for Referah to protect its computer and/or telecommunications systems.
• Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).
• Using the Sites and/or Services to stalk, harass, or harm another individual. Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity.
• Uploading, distributing or printing anything that may be harmful to minors.
• Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages.
• Engaging in any other action in any way that is unlawful or harms Referah or in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

INTELLECTUAL PROPERTY OWNERSHIP

All trademarks, service marks, and trade names are proprietary to Referah and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks, and other intellectual property contained in the Sites, rest solely in Referah and its licensors. The Referah name and any Referah products and services, slogans, or logos referenced herein on the Sites are either trademarks or registered trademarks of Referah in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

ACCOUNT SECURITY

To access certain portions of the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, for any reason, including if, in our opinion, you have violated any provision of these Terms of Use.

HYPERLINKS TO EXTERNAL WEB SITES

The Sites may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, Referah is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites (including Community Partners). We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of External Web Sites.

When you leave the Site, you should be aware that our Terms of Use and our Privacy Policy do not apply to your use of External Web Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any External Web Sites to which you navigate from the Site. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. Your use of and dealings with the owners or operators of these External Web Sites are at your own risk, and you agree not to make any claim against Referah arising out of your use of these External Web Sites.

THIRD PARTY PRODUCTS AND SERVICES

We may run advertisements and promotions from third parties (including Community Partners) on the Sites or may otherwise provide information about or links or referrals to third-party (including Community Partners) products or services on the Sites (“Third Party Products and Services”).

We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.

Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties, or representations associated with such dealings or promotions are solely between you and such third party.

You should investigate and use your independent judgment regarding the merits, quality, and reputation of any Third Party Products and Services that you find on or through the Sites.

PUBLIC AREAS AND SUBMISSIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Public Areas”). If you use a Public Area, such as the forums, message board, or other community area that allows user posts, additional terms and conditions apply to you.

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information regarding Referah, the Sites, and/or the Services, provided by you in any manner including but not limited to e-mail, other written, or oral submissions to Referah, or postings on the Sites (“Submissions”), are non-confidential. You grant us a perpetual, irrevocable, nonexclusive, worldwide, fully paid, and sublicensable license to use, disseminate, distribute, display, reproduce, post, and publish your Submission and any name, username, or likeness provided in connection with your Submission in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share your Submission on or through our Sites or Services, you understand that your Submission and any associated information may be visible to others.

If you are an author of a Submission, you warrant that you will not post any materials that would (a) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including any threatening, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent messages of any kind; (b) violate or infringe upon the rights of others, including their privacy or publicity rights, or which is protected by copyright, trademark, or other proprietary rights, without first obtaining permission from the person who owns or holds that right; (c) contain a virus or other material of a destructive nature; and (d) violate any law, statute, ordinance, or regulation including but not limited to misrepresentation, fraud, deception, anti-discrimination, and/or false advertising.

You understand and acknowledge that you are responsible for any Submissions you make or contribute, and you, not Referah, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Referah is not responsible or liable to any third party for the content or accuracy of any Submission posted by you or any other user of the Site.

Additional terms and conditions may apply to you in your use of the “Public Area,” the forum, message board, or other community area.

DISCLAIMER

THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. REFERAH AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES, AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, REFERAH IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, ANY PARTICIPATING COMMUNITY OR OTHER HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM REFERAH OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. REFERAH EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, REFERAH DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL REFERAH BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT, OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF REFERAH.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REFERAH, ITS AFFILIATES OR THEIR LICENSORS, EMPLOYEES, SERVICE PROVIDERS, AGENST OFFICERS OR DIRECTORS OR ASSOCIATED PARTIES BE LIABLE FOR ANY, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY, INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REFERAH OR THE ASSOCIATED PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE COMPLETE SITE EXCEED THE GREATER OF USD $50.00 OR ANY COMPENSATION YOU PAY, IF ANY, TO REFERAH FOR ACCESS TO OR USE OF THE SITE AND/OR SERVICES. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE REFERAH OR THE ASSOCIATED PARTIES’ LIABILITY FOR GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT. SOME JURISDICTIONS (SUCH AS WASHINGTON STATE) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify and hold Referah and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns harmless from any claim or demand, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees), arising out or relating to of your use of the Sites and/or the Services, including but not limited to, your Submissions, or your violation of our Terms of Use, the infringement by you of any intellectual property or other right of any person or entity, or your use of any information obtained from the Site.

TERMINATION

We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.

CHANGES TO THE SITES AND/OR SERVICES

We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.

GOVERNING LAW AND FORUM SELECTION

Any dispute arising from the Site and your use of the Services will be governed by and construed and enforced in accordance with the laws of the state of Illinois, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Illinois or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois.

CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION, CLASS WAIVER, AND JURY TRIAL WAIVER

Please read the following important section carefully.

Except for small claims disputes or claims related to intellectual property, you and we waive our rights to a jury trial and to have any dispute arising out of or related to the Sites or Services resolved in court. Instead, disputes relating in any way to the Sites or Services must be submitted to binding arbitration administered by JAMS. The Federal Arbitration Act and federal arbitration law apply to this agreement. The most recent version of the JAMS Rules are available at www.jamsadr.com/rules-download and are hereby incorporated by reference.

You and we agree that any dispute arising out of or related to the Sites or our Services is personal to you and us and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action, or any other type of representative proceeding.

You and we agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with the section, “Governing Law and Forum Selection.”

If any portion of this section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms of Use; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.

COPYRIGHT INFRINGEMENT NOTICES & DMCA NOTICES

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
3. Your address, email address, and telephone number.
4. A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”.
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may send your notice by using the contact information below:

Email: [email protected]

GENERAL TERMS

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms of Use will continue in effect. You may not assign the Terms of Use, or assign, transfer, or sublicense your rights, if any, in the Sites. Except as expressly stated herein, the Terms of Use constitute the entire agreement between you and Referah with respect to the Sites.

No waiver by Referah of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Referah to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.