Terms of Use & Conditions

Revision: 1.2
Date: 6.26.09

Refural stipulates that anyone using any part of this website is subject to the following terms and conditions so noted in the terms, policies, guidelines, disclosures and notices below. Refural reserves the right to amend any and all sections of these terms and conditions at anytime. Once posted, these revised terms of use are effective immediately. All revised terms of use will be posted with a date stamp. Continued use of Refural.com in any way requires that you are hereby bound to these terms and conditions. Any and all collected information or submitted information within the context of the site is subject to the Refural Privacy Policy.

At any time, if a user or other party has any questions or would like further clarification regarding the terms of this site, they should contact info@refural.com.

  1. Purpose of Site
    • This site serves as a medium for users and businesses to connect and exchange information relating to general business information and specific referral information. While the purpose of the site is to connect parties, it does not guarantee that one or more of the parties will obtain any benefit from their actions or even non-actions. Further, we cannot ensure that every person using this site will find the purpose of the site to be useful in any way.
  2. Contractual Agreements
    • This site serves as a medium for users and businesses to connect and exchange information relating to general business information and specific referral information. While the purpose of the site is to connect parties, it does not guarantee that one or more of the parties will obtain any benefit from their actions or even non-actions. Further, we cannot ensure that every person using this site will find the purpose of the site to be useful in any way.
    • We do not handle any contractual agreement between a business and a user or the end referral. We are therefore not responsible for the relationship or lack thereof between a business and a user past the general interaction on the site. If a user or business has a dispute with one or more other users or businesses, they release Refural.com from any claims, demands, damages or legal action of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  3. User Terms of Use
    • We reserve the right to void or prohibit the sending of any referrals from any user if the referral is in violation of any of the terms of use. We also reserve the right to include a user’s email address on a user blacklist to prohibit them from sending future referrals that do not comply with our terms of use.
    • Sending Referrals
      • I agree that my referral meets the specifications of the business listing in which this referral is being submitted.
      • I agree that my referral is valid and not fraudulent in any way
      • I agree that I will not receive the agreed upon compensation for this referral if and only if one or more of the following apply:
        • The business does not pay for or rejects the referral within the validation period
        • The business sends a petition to 'Refural' after the validation period AND Refural approves it thereby refunding their payment and voiding the referral
        • The referral is deemed fraudulent by 'Refural' in any way
      • I agree to take all responsibility for the referral information I provide and have gained express permission to send this information to Refural.com & the receiving business.
      • I agree that I am eligible to submit this specific referral to this specific listing only one time and am subject to having my referral voided if I submit it to the same listing more than once.
      • I agree that any compensation I receive is subject to a 15% processing fee by Refural.com (ex. $50 compensation - you'd receive $42.50)
  4. Business Terms of Use
    • We reserve the right to void or prohibit the sending of any referrals from any user if the referral is in violation of any of the terms of use. We also reserve the right to include a user’s email address on a user blacklist to prohibit them from sending future referrals that do not comply with our terms of use.
    • Receiving Referrals
      • I agree to pay the above compensation per referral if and only if one of the following apply:
        • I validate the referral within the validation period.
        • The validation period expires.
      • I agree that I will be entitled to a refund from Refural.com if and only if one or more of the following apply AND Refural is able to validate this claim.
      • I find that the referral is not legitimate for one or more of the following reasons BEFORE the validation period expires:
        • The information is fraudulent or inaccurate.
        • The information does not meet the listing description specifications
        • The information does not meet one of the provisions in the listing (if so entered by business)
        • I submit (and get approved) a petition for voiding the referral after the validation period for reason of fraud or other.
      • I agree to not use this referral's information for marketing or redistribution purposes.
      • I agree to take all responsibility for the information in the above request.
      • I understand that a select few industries (mortgage lending, insurance, etc.) regulate referral compensation and prohibit anyone from giving or accepting a fee, kickback or anything of value in exchange for referrals of settlement. By accepting a referral, I take all legal responsibility for my actions and cannot hold Refural responsible for any claims, demands, damages or legal action of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  5. Business and User submitted data
    • Any data submitted to Refural.com by a business or user is kept completely confidential. The only time we release any data is when we display business listings or when a business pays for a referral. At no time do we use any information for external or commercial gain.
  6. Disclaimers
    • Refural is not responsible for any business or user content posted on the site. The content, opinions and views expressed are those of the User or Business and do not reflect those of Refural.
    • Refural is not responsible for the accuracy or information included in a referral sent from a user to a business.
    • Refural does not authenticate the legal standing of a business with any regulatory, licensing, or similar authority. All businesses who use the site take full responsibility for their actions and cannot hold Refural responsible for any claims, demands, damages or legal action of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
  7. Indemnification
    • Refural is not responsible for any harm that the site or services rendered by the site may cause. All users and businesses agree to indemnify, defend, and hold Refural harmless from any and all liability and costs incurred in connection with any loss, liability, claim, demand, damage, and expenses arising from or in connection with the contents, information exchanged, monetary gain or loss or use of the site.
  8. Limitation of Liability
    • Any user or business agrees that Refural will not be liable for any direct, indirect, incidental, special or consequential damages resulting from the inability to use the site OR for cost of procurement of substitute good and services OR resulting from any goods or serices purchased or obtained OR messages received OR transactions entered into through or from the site Further, users and businesses agree that Refural shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to, direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
    • If Refural is found to be liable, the liability to the user or business or to any other third party is limited to:
      • The total fees paid by the party to Refural OR
      • No more than $50 usd
  9. Arbitration
    • Any controversy or claim arising out of or relating to this Agreement or the breach thereof or the site, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and shall be conducted in Vancouver, Washington. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim controversy of any other party. Irrespective of any choice of law rules, the arbitrator will apply the substantive law of the State of Washington and the Federal Rules of Evidence. The arbitrator will have jurisdiction to hear and rule on pre-hearing disputes and is authorized to entertain a demurrer and a motion for summary judgment or summary adjudication. The arbitrator shall also have jurisdiction to decide claims for interim or preliminary relief pursuant to the Association's Optional Rules for Emergency Measures of Protection. Pre-hearing exchange of information shall be governed by the AAA Commercial Arbitration Rules and Washington law. The arbitrator will render a written award and opinion that reveals the essential findings and conclusions upon which the award is based.
  10. Use of this site signifies your understanding and agreement to comply with the entire terms of use