Terms of Service for Referral Rock
These terms and conditions govern your use of all Referral Rock’s (Referral Rock Inc.) online properties including our website and blog on referralrock.com (Website), our newsletters (Newsletter), and our Subscription Service (the Subscription Services or Services). By using any of these online properties, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use Referral Rock.
If you require any more information or have any questions about our Terms of Service, please, please contact us using the information below.
Referral Rock Inc.
950 N Washingston, Suite 404
Alexandria, VA 22314
Last Edited on 2018-5-14
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password. Referral Rock cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content posted and activity that occurs under your account. You may not use the Subscription Services for any illegal or unauthorized purpose. You must not, in the use of the Subscription Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
The Subscription Services include the respective features and functionality in your plan (i.e. Starter, Growth, Established Business) as defined on the Pricing Page of the Referral Rock website.
Normal support is available Monday through Friday from 9am-5pm Eastern Standard Time excluding US bank holidays through email and application chat. Expected turnaround time is 1-2 hours. Phone support phone calls and remote screen shares can be scheduled as needed.
Critical support issues regarding servers, web site, and other service wide accessibility issues are covered 24×7. Expected turnaround time is 1-2 hours to diagnose the problem and potentially redirect traffic to backup servers as necessary.
Errors or problems which have been caused by something beyond our control (i.e. a customer’s inability to connect to the Internet, using the system in a way it was not designed, unsupported browsers, or hardware issues) do not constitute as critical support and may be supported at our discretion.
List Management Policy
All users of the Subscription Services must agree to sending only permission-based email. This means that all recipients sent to must have opted-in to receive communications from the sending organization. You may only import email addresses if they previously opted-in through another channel. Purchased lists may not be used within the Referral Rock system, regardless of the source or permission status.
As a user of Referral Rock’s services, you may not:
- harvest emails from websites
- purchase lists (whether they are opt-in or not)
- rent lists
- borrow or lend lists
- have a subscription form that subscribes users to an unrelated list
- send out unrelated offers or unrelated content to your newsletter list
- add an email address into a list without the subscriber’s permission
- send out automated trigger and manual emails to a recipient who has opted-in to receive it
- send out information and content to recipients who have requested to receive content on that topic from your organization
By using the Subscription Services, you agree to not engage in any inappropriate activities, which include, but are not limited to the following:
- Create a false identity for the purpose of misleading others.
- Use the service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any other duplicative or unsolicited e-mail messages.
- Utilize third-party generated email lists or databases including but not limited to purchased, rented, or third-party lists of email addresses.
- You won’t violate our Acceptable Use Policy, which is part of this Agreement.
- You won’t violate our Anti-Spam Policy which is included below.
- Collect any information about others without their prior consent.
- Attempt to gain unauthorized access to our services, other accounts, computer systems and networks connected to the Subscription Services through any means or attempt to circumvent any protections or security systems.
- Publish, distribute or disseminate any materials deemed to be inappropriate, profane, indecent, defamatory, infringing, obscene or unlawful by applicable law or regulations.
- Offers for Pornography, illegal goods and/or services, sexually explicit content, and any other content area that may be identified by Referral Rock at a later date
- Transmit or upload any material that violates intellectual property laws, trademark and copyright laws or rights of privacy unless you own or control or own the rights to the material or have obtained the necessary permission to do so.
- Fail to follow acceptable use laws in your country or state governing commercial emailing and referral based programs
If you are collecting information a person under the age of 16, then parental consent must be obtained. You must make “reasonable efforts” to verify that the consent comes from the parents, as opposed to the child.
What is Spam?
Spam is often in the eye of the beholder. If you ask ten different people for a definition of Spam, you’ll probably get ten different answers. So here’s our best explanation:
- Spam, as applied to email, means “Unsolicited Bulk Email”.
- Unsolicited means that the recipient has not granted the sender affirmative consent (permission) to email them.
- Bulk means that the message is sent as part of a larger collection of messages, all having materially similar content.
Preventing Unsolicited Emails Via Referral Rock
You may not use the Subscription Services provided through or in connection with the Referral Rock to send unsolicited bulk email, for commercial or non-commercial purposes. Unsolicited bulk email is defined as email sent to more than 10 individuals with whom you do not have a prior business relationship.
Also, users must accept that an unsubscribe or opt-out option will be automatically appended to every email sent via Referral Rock. This is not an option. In the event that a user violates any one of our usage rules, or for any other reason deemed appropriate by Referral Rock, Referral Rock reserves the right to suspend or terminate, without notice, access to the user’s account and all related data.
Referral Rock has a no tolerance Spam policy. The strict measures we take to enforce our policy include, but are not limited to:
- We monitor use of the system for any large increases in sending emails
- A record is saved of every email that is sent through the system.
- Any customer found to be using Referral Rock’s services for Spam will be immediately cut-off from use of the services.
- We maintain the IP address and date subscribed for every new subscriber.
Every email, whether text or HTML, contains a mandatory unsubscribe/opt-out link at the bottom of the message. This unsubscribe link cannot be removed.
Procedure for Handling Complaints
Your account will be immediately terminated if we determine in our sole discretion that you send Spam. We provide our product only to those who follow our strict Anti-Spam Policy.
To determine whether you have sent spam we will:
- review the content of the message in question
- review your subscriber list for patterns common to harvested lists
- review the Spam complaint
- view the records to see when the subscriber was subscribed and their IP address
For more information, visit spamlaws.com.
Compliance with Laws
You represent and warrant that your use of Referral Rock will comply with all applicable laws and regulations. You’re responsible for determining whether our Subscription Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Subscription Services, then we won’t be liable if our Subscription Service don’t meet those requirements. You may not use our Subscription Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
If you’re located in the European Economic Area (EEA) or market to anyone in the EEA, you represent and warrant that in using Referral Rock you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you’re sending any form of email through Referral Rock.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow Referral Rock to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
Notice of Breach Security
If a security breach causes an unauthorized intrusion into our system that materially affects you or people in your account, then Referral Rock will notify you within 72 hours of learning of it, unless the data was anonymized or encrypted, and later report the action we took in response.
Cancellation and Termination
If you cancel the Subscription Service before the end of your current term (based on the plan you select), your service will end on the date that you have paid through and you will not be charged again. There are no prorated refunds based on the day you terminate your service. Referral Rock, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Subscription Service, for any reason at any time. Such termination of the Subscription Service will result in the deletion of your Account. Referral Rock reserves the right to refuse service to anyone for any reason at any time. If Referral Rock terminates your Account, Referral Rock will provide a refund of all prepaid, but unused Fees to the Customer.
Modifications to the Service and Prices
Referral Rock reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Subscription Service (or any part thereof) with or without notice.
Prices of all Subscription Services, including but not limited to monthly subscription plan fees to the Subscription Service, are subject to change upon notice from us.
Copyright and Content Ownership
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Referral Rock or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Referral Rock reserves the right to edit or remove any material submitted to this website, or stored on the servers of Referral Rock, or hosted or published upon this website.
Referral Rock’s rights under these terms and conditions in relation to user content, Referral Rock does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Confidentiality; Proprietary Rights
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information includes, without limitation, trade secrets, know-how, including software and documentation therefor, marketing, sales, operating, performance, cost and customer lists, in any form, tangible or intangible. Proprietary Information of Referral Rock includes non-public information regarding features, functionality and performance of the Subscription Service. Proprietary Information of Customer includes non-public data provided by Customer to Referral Rock to enable the provision of the Subscription Services (“Customer Data”). The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by the Receiving Party prior to receipt from the Disclosing Party as evidenced by the Receiving Party’s written records, or (c) was rightfully disclosed to the Receiving Party without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. If the Receiving Party is required by applicable law or requested (by legal process, civil investigative demand or similar process) to disclose any of the Disclosing Party’s Proprietary Information, the Receiving Party shall notify the Disclosing Party immediately of such requirement so that the Disclosing Party may seek an appropriate protective order or waive compliance with the confidentiality covenants in this Agreement. Any such disclosure by the Receiving Party pursuant to the preceding sentence shall be limited to the extent required by applicable law, or order, subpoena, regulatory requirement, or litigation disclosure, and the Receiving Party shall reasonably cooperate with the Disclosing Party in any effort made by the Disclosing Party to seek a protective order or other appropriate protection of the Disclosing Party’s Proprietary Information.
Customer shall own all right, title and interest in and to the Customer Data. Referral Rock shall own and retain all right, title and interest in and to (a) the Subscription Services and Software, all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed in connection with Implementation Subscription Services or support, and (c) all intellectual property rights related to any of the foregoing.
Notwithstanding anything to the contrary, Referral Rock shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Subscription Services and related systems and technologies (including, without limitation, anonymized, aggregate information derived from Customer Data), and Referral Rock will be free (during and after the term hereof) to use such information and data solely to improve and enhance the Subscription Services and for other diagnostic and corrective purposes in connection with the Subscription Services. No rights or licenses are granted except as expressly set forth herein.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Referral Rock or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without Referral Rock’s express written consent.
- data mining
- data extraction
- data harvesting
- ‘framing’ (iframes)
- Article ‘Spinning’
You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of Referral Rock.
This Subscription Service and website you are using is provided “as is” without any representations or warranties, express or implied. Referral Rock makes no representations or warranties in relation to this website, how it affects your business, or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Referral Rock does not warrant that:
- this website and Subscription Service will give you any new business or referrals; or
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
Referral Rock will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Referral Rock has been expressly advised of the potential loss.
Nothing in this disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Referral Rock Inc. in respect of any:
- death or personal injury caused by the negligence of Referral Rock or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of Referral Rock; or
- matter which it would be illegal or unlawful for Referral Rock to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website and Subscription Services, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Referral Rock and undertake to keep Referral Rock indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Referral Rock to a third party in settlement of a claim or dispute on the advice of Referral Rock’s legal advisers) incurred or suffered by Referral Rock arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to Referral Rock’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Referral Rock may take such action as Referral Rock deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Referral Rock may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Referral Rock may transfer, sub-contract or otherwise deal with Referral Rock’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of MARYLAND, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of MARYLAND, USA.
Even if this Agreement is terminated, the following sections will continue to apply: Compliance with Laws, No Warranties, Limitation of Liability, Exceptions, Reasonableness, Indemnity, Confidentiality; Proprietary Rights, Severability, Entire Agreement, and Law and Jurisdiction.