Terms and Conditions

Terms and Conditions of Use

Real Estate Financial Modeling 

Terms of Use

 

Last Updated:  August 10, 2015

These Terms of Use and all other legal documents incorporated by reference (collectively, the “Terms”) set forth the legal contract between each visitor (“you” or “your”) and Real Estate Financial Modeling LLC (“REFM,” “we,” or “us”) with respect to access to and use of its internet properties including, without limitation, www.getrefm.com, subdomains of www.getrefm.com, microsites, mobile websites, mobile applications, REFM profiles on social media sites and any other digital services or properties operated or used by REFM from time to time (collectively referred to as the “Site”).

By using the Site you acknowledge and represent that you (i) have read these Terms and our Privacy Policy (which is hereby incorporated by reference) (ii) understand them, (iii) accept and agree to be bound by them, (iv) are able to form legally binding contracts, and (v) agree to comply with all laws and regulations (including any policies of your company) applicable to you, to the use of the Site, and/or the internet. If you do not agree to any of the Terms, we are unwilling to grant you access to the Site.

Some of REFM’s other sites, services and tools may have additional terms that we provide to you when you use those sites, services or tools. Such additional terms are hereby incorporated by reference.

A. ACCESS TO SERVICES AND TOOLS

For so long as you agree to these Terms and abide by them, you may use the Site and Services. These Terms apply to all users of the Site and Services, including Visitors and Registered Users who may also be contributors of Content.  “Services” means any and all services, online tools, software, scripts, mobile applications and functionalities that may be provided by REFM through the Site from time to time.

Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and/or operate as applicable any tools, calculators, software, scripts, data feeds, articles, training courses, materials and/or any other copyrightable content (collectively, “Tools”) that we may from time to time have specifically identified within the Site as available for use and subject to these Terms and the terms of the license, if any, accompanying such Tools.   You also understand and agree that before using certain areas of the Site or Services you may be asked to indicate your acceptance of additional special terms and conditions. To the extent there is a conflict between these Terms and any click-through agreement for the activity in which you choose to participate, the click-through agreement will govern.

B. PRIVACY

In the course of accessing and/or using the Site, the Services and/or the Tools, we may obtain information about you or you may be required to provide certain personal information to us. All uses of your personal information will be treated in accordance with our Privacy Policy, which forms an integral part of these Terms. If you use the Services, the Site and/or the Tools, you are accepting the terms and conditions of our Privacy Policy, as may be amended from time to time

C. USERS.

1. Visitors.  Visitors may browse the Site in accordance with these Terms, but will not have full access to the Services (which may include but are not limited to contributing or accessing Content, using Tools, posting comments or signing up for special programs or privileges) without first becoming “Registered Users.”

2. Registered Users.  In order to access and use the Services available to a Registered User, You are required to set up an “Account” directly with REFM.  When you set up your Account, You are required to select a unique user ID (“User ID”) and password to access the Services (your User ID, password or account information collectively “Your Account”). You may not transfer to or share Your Account or products purchased from REFM with other persons or entities, and you are solely responsible for maintaining the confidentiality of Your Account.  You are solely responsible for any and all use of Your Account and all activities that occur under or in connection with it.  You agree (i) to be responsible for any act or omission of any users accessing the Site or Services under Your Account that, if undertaken by you, would be deemed a violation of these Terms, and (ii) that such act or omission shall be deemed a violation of these Terms by you. Please notify us immediately if you become aware that Your Account is being used without authorization. You agree not to register for an Account on behalf of an individual other than Yourself, or register for an Account on behalf of any group or entity unless you are authorized to bind such person, group or entity to these Terms. By registering another person, group or entity you hereby represent that you are authorized to do so. Individuals and/or entities whose access to the Site or use of the Services have previously been terminated by REFM may not register for a new account, nor may designate other individuals to use an account on its or your behalf.

You agree to register using your real name and you agree that any information you submit about yourself is truthful and accurate. You warrant and represent that all information you provide to us as part of your registration is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete. If we believe or suspect that such information is untrue, inaccurate, not current or incomplete, we may deny or terminate your access to the Site or Services (or any portion thereof) and any license(s) to the Tools.

D. OWNERSHIP OF THE SITE

The content of the Site includes, without limitation, (i) REFM’s trademarks, service marks, logos, brands, and brand names, trade dress, trade names and other distinctive identification, and all associated goodwill (collectively “REFM Marks”); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, including podcasts, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, ‘look and feel’, and arrangement of any content contained in or available through the Site (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as “REFM Content”). REFM Content is the property of REFM, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any REFM Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from REFM or the owner of such content if REFM is not the owner. For reprints, contact REFM. Any use of the REFM Marks without REFM’s express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the REFM Content, including any such notices appearing on any REFM Content you are permitted to download, transmit, display, print, or reproduce from the Site. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. You may not reverse engineer, decompile or attempt to access the technology or source code of the Site.

Your feedback is welcome and encouraged. You agree, however, that (a) by submitting unsolicited or solicited ideas to us, you automatically forfeit your right to any intellectual property rights in those ideas, and hereby assign all of your rights and interest in such feedback to REFM; and (b) ideas submitted to us or any of our employees or representatives automatically become our property.

E. YOUR USE OF SERVICES AND TOOLS.

While using the Services and Tools, you agree to the following:

1.You Are Responsible for Your Financial Decisions.  REFM, through the Site, provides a venue through which you can upload and obtain information, run online and purchase spreadsheet-based calculators, contract for courses and training, can find third-party service providers (“Service Providers”) as well as an array of other Services.  REFM does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. REFM does not provide financial advice. The information and opinions contained on our Site are provided for informational purposes only, are subject to change without notice, do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Nothing contained on the Site constitutes investment, financial, legal, tax or other advice nor is to be relied upon in making a decision. Nothing on the Site should be construed as a solicitation or offer from us – or recommendation from us – to acquire or dispose of any real estate property or to engage in any other transaction.  REFM does not validate or assess any of the information posted in the website, nor does REFM investigate the licensing, certification or other requirements and qualifications of Service Providers.  It is your responsibility to investigate Service Providers and such information.  You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that REFM shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider’s products or services.  REFM urges you to obtain the advice of financial advisors, insurance agents, brokers, attorneys, accountants and/or other qualified professionals who are fully aware of your individual circumstances before you make any decisions.  You acknowledge and agree that you rely on your own judgment and that of such advisors in selecting any products or services offered by Service Providers.

2. You Acknowledge and Agree that REFM does not provide advice.  REFM is not a financial institution, insurance provider, mortgage broker, attorney, accountant or any other Service Provider.  Instead, REFM, through the Site, may help you connect with Service Providers, owners of, and/or investors in, and/or promoters and sellers of real property and real property financial instruments that might meet your needs based on information provided by you.  REFM does not, and will not, make any decision with any Service Provider referred to you.  REFM does not issue mortgages, credit cards, insurance coverage, or any other financial products.

3. Transmissions, Submissions and Postings to the Site. You are solely responsible for all your transmissions, submissions or postings to  the Site (collectively, “Your Content”) and the consequences of transmitting, submitting or posting them.   You hereby grant REFM (and its affiliates and assigns) a limited right and license to Your Content for the purposes of REFM providing you Services hereunder.  This license is worldwide, royalty-free, and includes the rights to use, copy, format, adapt, compile, analyze, create derivative works of, distribute, publish, and display solely for the purpose stated above.

Notwithstanding the foregoing, you agree and understand that REFM collects, gathers and aggregates periodically as part of its services non-personally identifiable, technical, statistical or analytical data gathered or generated directly by the REFM Service or by your use of the REFM Service (the “Aggregated Data”).  Aggregated Data is de-identified data and information that REFM (its affiliates, licensors, partners and designated agents) may use (on a non-attributed basis) to monitor and improve its products, the REFM Service, for benchmarking purposes or to provide customized services or technologies to their customers.  REFM collects and uses this information in accordance with its privacy policy (available at https://www.getrefm.com/privacy-policy/) and in accordance with applicable data protection laws.  Aggregated Data is considered part of REFM Content and subject to Section D herein.

4. You agree not to transmit, submit or post the following to the Site:

Information that infringes REFM’s or any third party’s copyright, patent, trademark, trade secret or other proprietary rights;

Information that violates any law, statute, ordinance or regulation;

Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to REFM or third parties or that infringes on REFM’s or any third party’s rights of publicity or privacy;

Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;

Information that is false, inaccurate or misleading;

Commercial advertisements or solicitations without written permission from REFM; or

Federally Trademarked and/or Copyrighted information without written permission from REFM.

Although REFM does not regularly review your transmissions, submissions or postings, REFM reserves the right (but not the obligation) to edit, refuse to post or remove your transmissions, submissions or postings.  REFM may review transmissions, submissions or postings made by you to determine, in its sole discretion, your compliance with this Agreement.

5. Use of Message Boards, Blogs and Public Forums.  The Site may act as a venue, through its blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the “Forums”), allowing the users of the Site to contribute information and make statements (all of this, part of Your Content).  REFM is not involved in the actual postings or contributions made by users in the Forums. As a result, REFM does not approve or endorse any postings or contributions in the Forums, and you hereby acknowledge and agree that REFM has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any postings or contributions provided by you or any other person or entity in the Forums. You may find postings or contributions posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on postings or contributions published in the Forums. Without limiting the generality of the foregoing, and although REFM does not regularly review postings or contributions provided for in the Forums, REFM reserves the right, but not the obligation, to remove or edit any postings or contributions in the Forums.  Immediately report problems with the Forums to REFM at legal@getrefm.com.

6. Your Use of the Content.  REFM grants you a limited license to access, print, download or otherwise make personal use of the Content; provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing manifestations of the Content.  You may not modify the Content or decompile, reverse engineer, or disassemble the Content, or transfer the Content to another person or entity, except as expressly permitted by these Terms including any additional terms and conditions set forth on the Site. Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the use of the Content as permitted by these Terms, is permitted by you without the express prior written permission of REFM, which permission may be withheld in REFM’s sole discretion.

7. Restrictions.    You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without express written permission which may be withheld for any reason.  Additionally, you agree that you will not: (i) take any action that imposes, or may impose an unreasonable or disproportionately large load on the Site’s infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass the Site’s robot exclusion headers or other measures that are used to prevent or restrict access to the Site.

8. Third Party Links. There may be provided on the Site links to other websites belonging to advertisers, business partners, affiliates and other third parties.  Such links do not constitute an endorsement of those websites, nor the products or services listed on those websites.  REFM shall have no responsibility or liability for the activities or policies of those websites.  There is no endorsement or recommendation as to the products of any particular advertiser, business partner, affiliate or other third party.  There is no guarantee that loan terms, rates or information offered by any particular advertiser, business partner, affiliate or other third party on the Site are the best terms or lowest rates available in the market. Please review the terms of use and privacy policies of all websites you access.

F. FEES AND PAYMENTS

1. Fees and Subscriptions. Certain of the Services, Content or Tools may be offered on a one-time basis (“One Time Payment”) or on an annual and monthly subscription basis (the “Subscription”). Upon acquiring or subscribing for the Services, Content or Tools, you accept that we may permit you to submit payment through third party payment service providers at our discretion, in which case you represent and warrant that you have complied with all requirements of such third party service providers and that we have the right to request and receive payment from such third party service providers regarding Your purchase of Tools and Content and of access to the Services.  If payment for the Services, Content or Tools is submitted through the Site, You will be required to give a valid credit card number (VISA, MasterCard, American Express or any other issuer then accepted by our third party payment service provider) and associated payment information at the time you purchase, or subscribe for, the Services, Content or Tools, including all of the following: (i) Your name as it appears on the card, (ii) the credit card type, (iii) the date of expiration of Your credit card, and (iv) any activation numbers or codes needed to charge Your card. Your credit card issuer agreement governs Your use of Your designated credit card, and You must refer to that agreement and not these Terms to determine Your rights and liabilities as a cardholder. You agree that no additional notice or consent is required before we (through our third party payment service provider) invoice the credit card for all amounts due and payable.  By providing Your credit card number and associated payment information, You agree that we, and/or our third party payment service providers are authorized to immediately invoice Your Account for all fees and charges due and payable to us as a result of Your order, including but not limited to One Time Payments, recurrent Subscription fees or any other fee or charge associated with Your purchase of or access to the Services, Content or Tools.  If applicable, You agree that we (or our third party payment service provider) may automatically debit your card or method of payment at the beginning of each recurring period of your Subscription. You agree to immediately notify us, our third party payment service provider, and/or to update your Account profile with any change in Your credit card or method used for payment. Failure to update your information may result in an immediate suspension or termination of your Services.

Before you make a One Time Purchase or Subscribe for Services, you have an opportunity to review the fees that you will be charged based on our published prices and as part of the checkout process.  Once you make a One Time Purchase or Subscribe for a Service, you will be able to review all fees applicable to your Account through our secured website portal. We may choose to temporarily change the fees for our Services, Content or Tools for promotional events (for example, free Trial Periods) or new Services, and such changes are effective when we post the temporary promotional Content, Tool, event or new Service on the Sites. We reserve the right, at any time, to change our prices and billing methods for Services, Content or Tools without prior notice.  There are no refunds given for purchases of downloadable products, including, without limitation, Services, Content or Tools.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our Services, Content or Tools in a timely manner with a valid payment method. You agree that all charges are considered valid unless disputed in writing within ten (10) days after the date of the most recent payment made on your Account. If your payment method fails, we may collect fees owed using other collection mechanisms. You further agree that we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due. As permitted by law, we reserve the right to charge return fees for debits that are declined by your bank or credit card provider.

2. Activating Your Subscription.  After registration and creation of Your Account, you may place an order for the Services of your choosing and start your Subscription.  A certain level of Services may be provided at no cost, however, additional Services may require the payment of certain fees.  In the event we decide to offer promotional trial periods (“Trial Period”), and you choose this option, you may have access to a fully functional version of the Services for a limited time.  Your paid Subscription for any Services requiring payment will start immediately upon you entering your payment information and the processing of such payment.  If we offer, and you choose, a Trial Period, at the end of such Trial Period you will be prompted through the Site for your payment information.  If you choose not to buy the Services after the Trial Period, you do not need to cancel, as access to any Services requiring payment will expire automatically, however you will still be provided access to any Services offered without cost through the Site.  Once your paid Subscription starts, you will be charged in full for the Subscription period upon commencement.  We shall invoice your Account automatically on a recurrent basis at the beginning of each Subscription period. You agree that each Subscription period must be paid in advance and payment is due upon invoice.

You understand that you can obtain only one Login/User ID/Account access per Subscription. If you would like more than one (1) Registered User per Account, you must open a Subscription per each Registered User.

3. Canceling your Subscription. You may cancel your Subscription at any time, however you agree and understand that there are no refunds or partial refunds for Services, Content or Tools.

G. TERMINATION

These Terms will become effective and binding when you access the Site, use the Services, make purchases, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). You can inform us at any time if you wish to stop using the Site or Services. You understand and agree that unless we hear the contrary from you, renewal is automatic. We reserve the right to terminate these Terms and your access to the Site and the Services at any time without notice. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. You understand and agree that upon termination of these Terms or your use of the Services, we retain the license rights granted to us for any Content uploaded or provided on our Site. Notwithstanding the foregoing, it is our policy to retain all information provided to us and stored in your Account during the five (5) years after the termination of your Account. After five (5) years, we may delete your information from our servers except as required by law. You understand that if you want to use our Services after termination of Your Account, you may need to re-register and provide us with your information anew.

Without limiting other remedies, we also reserve the right to limit or partially terminate or suspend the Services and Accounts, prohibit access to the Site and its Content, Services and Tools, delay or remove any Content, take technical and legal steps to keep any Visitors or Registered Users off the Site if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies, including, without limitation, these Terms.  For example, REFM will terminate a user’s access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.

REFM reserves the right to decide whether Content violates these Terms for reasons other than copyright infringement, such as, but not limited to, obscenity or excessive length. REFM may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms.  You hereby understand and agree that in addition to the above listed causes, REFM reserves the right, at all times, to remove Content and/or terminate Accounts if we consider, at our sole discretion, such Content or Account to be immoral, unprofessional, dishonest, indecent, obscene, unethical, unprincipled, spurious, strange, outlandish or in violation of the standards of excellence and professionalism that we strive for at our Site.

The provisions of sections D, E(3), E(4), E(5), E(6), H and I will survive the termination of these Terms.

H. DISCLAIMERS, LIMITATIONS AND EXCLUSIONS OF LIABILITY

1. No Warranties. THE SERVICES, THE SITE, THE TOOLS AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES RELATED TO THE FOREGOING ARE PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, REFM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, NON INTERFERENCE, SYSTEM INTEGRATION AND ACCURACY OF DATA. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. REFM AND ITS AFFILIATES DO NOT WARRANT THAT YOUR USE OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED, ERROR -FREE OR VIRUS FREE. THE SUBMISSION OF ANY PERSONAL INFORMATION AND THE DOWNLOAD OR UPLOAD OF ANY CONTENT THROUGH THE REFM SERVICES AND/OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH CONTENT OR FROM RELIANCE UPON THE SUCH CONENT, AND YOU ARE ADVISED TO MAINTAIN OFFLINE BACKUP COPIES OF ALL CONTENT. REFM IS NOT THE PROVIDER OF, AND MAKES NO WARRANTIES WITH RESPECT TO, ANY THIRD-PARTY OFFERINGS. REFM DOES NOT GUARANTEE THE SECURITY OF ANY INFORMATION TRANSMITTED TO OR FROM THE SITE; AND YOU AGREE TO ASSUME THE SECURITY RISK FOR ANY INFORMATION YOU PROVIDE USING THE SERVICE.

NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, MODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES.   FURTHER, REFM DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES REGARDING ANY TOOLS OR ANY RESULTS FROM YOUR ACCESS TO AND/OR USE OF THE SITE, SERVICES, CONTENT, MATERIALS, INFORMATION, AND/OR TOOLS.  ANY CALCULATING OR OTHER TOOLS PROVIDED, ARE PROVIDED ONLY AS GENERAL SELF-HELP TOOLS AND YOUR USE OF SUCH TOOLS IS DONE AT YOUR OWN DISCRETION AND RISK. RESULTS DEPEND ON MANY FACTORS, INCLUDING THE ASSUMPTIONS YOU PROVIDE. WE DO NOT GUARANTEE THEIR ACCURACY, OR APPLICABILITY TO YOUR CIRCUMSTANCES. THE CALCULATIONS ARE INTENDED TO PROVIDE ILLUSTRATIVE EXAMPLES BASED ON STATED ASSUMPTIONS AND YOUR INPUTS.

Though we strive to enforce our Content related rules with all of our users, you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You use the Site and Services at your own risk. We may, but are not obligated to, terminate user accounts and/or remove Content from the Site if we determine or suspect that those accounts or Content violate these Terms. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not. You understand that the information and opinions in Content uploaded by third parties represent solely the thoughts of the author and is neither endorsed by us nor does it necessarily reflect our beliefs.

2. Limitation Of Liability.  USE OF THE REFM SERVICES, THE SITE, TOOLS AND ANY CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL REFM OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES IN CONNECTION WITH THESE TERMS, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF REFM WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF REFM TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS (U.S.D. $100.00). YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND REFM RELATING TO THE PROVISION OF THE SITE, THE SERVICES, AND ANY CONTENT TO YOU, AND REFM WOULD NOT PROVIDE THE SITE OR SERVICES TO YOU WITHOUT THIS LIMITATION. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES OR DELETION OF YOUR ACCOUNT OR CONTENT.

3. Indemnification.  To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless REFM, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and/or Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site and/or Service.

I. MISCELLANEOUS

1. Digital Millennium Copyright Act and Copyright Infringement.  Please refer to our Copyright Infringement Notification page if you want to report copyright infringement, piracy or other legal issues.

2. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred and/or assigned by REFM without restriction.

3. Abuse. Please report any problems, offensive content, policy violations and/or abuse to us at legal@getrefm.com.

4. Modifications to Terms.  We may change these Terms from time to time. Any such changes will become effective when posted on the Site. If you object to any such changes, your sole recourse will be to cease using the Site and the Services. Continued use of the Site and/or the Services following posting of any such changes will indicate your acknowledgement of such changes and your agreement to be bound by the revised Terms, inclusive of such changes. In addition, certain features of the Services may be subject to additional terms of use. By using such features, or any part thereof, you agree to be bound by the additional terms of use applicable to such features. In the event that any of the additional terms of use governing such area conflict with these Terms, the additional terms will govern.

5. Modifications to Services.  We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Site or the Services.

6. Legal Disputes.  These Terms will be subject to and construed in accordance with the laws of the State of Georgia, United States of America excluding its rules regarding conflicts of law. You agree that any claim or dispute you may have against REFM must be resolved exclusively by a state or federal court located in the State of Georgia, except as otherwise agreed by the parties or as described in the Arbitration subsection below. You agree to submit to the personal jurisdiction of the courts located in Atlanta, Georgia for the purpose of litigating all such claims or disputes.

7. Arbitration.  For any claim (i) raised by a resident of a country other than the United States of America; or (ii) where the total amount of the award sought is less than ten thousand dollars ($10,000.00), you agree that REFM may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event REFM elects arbitration, you hereby agree to move any claims to the exclusive jurisdiction of an arbitration procedure, which shall be initiated through an established alternative dispute resolution (“ADR”) provider chosen by REFM. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration expressly excludes claims for injunctive or other equitable relief.

8. Electronic Communications.  When you visit the Site or send information or email through the Site, you are communicating electronically. You consent to receive communications electronically from us.  Although communication with you may be done by regular mail as well, you agree that communication with you may be done by e-mail or by posting notices on the Site.  You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.

9. General Agreement. If you are located outside the United States of America and choose to provide information, upload Content to or register an Account with REFM, you acknowledge and agree that the information is processed and transferred in the United States of America. You acknowledge and accept that the laws regarding processing of personal information may be less stringent in the United States of America than the laws in your country. These Terms, together with the Privacy Policy and any other legal notices published by REFM on the Site, shall constitute the entire agreement between you and REFM concerning the Site and Services. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and REFM’s failure to assert any right or provision under 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, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. REFM shall have the right to assign these Terms in whole or in part to any person or business entity. A user may not assign user’s rights or delegate user’s obligations under these Terms without the prior written consent of REFM. You agree that any claim or cause of action you may have related to the Site, the Services, the Tools, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10. Contact Information.  If you have any questions or concerns regarding these Terms or the Site, please write to us at legal@getrefm.com

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