These Terms of Use (the “Terms”) govern the use by any and all users (“User”) of REFPipeline.com and the services offered by REFPipeline.com (the “Services”). These Terms also include the REFPipeline Privacy Policy, REFPipeline Code of Conduct, the REFPipeline Agreement to Participate in the REFPipeline, and all other disclaimers onREFPipeline.com, all of which are incorporated herein by reference. REFPipeline reserves the right to amend these Terms from time to time and the User should periodically review such Terms for any updates thereto.
1. Binding Agreement. These Terms constitute a binding agreement between the User and REFPipeline, and all affiliates, parent companies, and subsidiaries thereof (collectively referred to herein as “REFPipeline”) and are deemed as accepted by the User’s use of the Services each and every time the User accesses the Services. If you do not accept these Terms, then you should not and may not use the Services.
2. Definitions. The following definitions are used herein and apply to the Terms of Use:
“Content” means all content on this site, including without limitation, the compilation and display of any content, text, including editorial, navigational or instructional text, graphics, logos, buttons, photographs, drawings, images, design, layout, code, programming, methodologies, processes or compilations utilized, and/or any other intellectual property utilized on the site. Notwithstanding the foregoing, “Content” does not include any Service Professional Materials or paid advertising banners.
“Paid Advertising Banners” means any third-party advertising posted on the Site.
“REFPipeline.com” means the REFPipeline.com Site, as well as the administration of the Site by REFPipeline, Inc.
“Service Professional” means any entity or person listed on REFPipeline.com as a service Professional.
“Service Professional Materials” means any content, including attachments and links, posted or uploaded by a Service Professional to the Site.
“Services” means any services provided by REFPipeline on the Site.
“Site” means “www.REFPipeline.com.”
“User” means any person or entity accessing the Site, including without limitation, Service Professionals.
3. General Use of Services and Content. The Site is intended for the purpose for Service Professionals to locate other Service Professionals to engage services from one to the other or between Service Professionals. Users must be at least 13 years of age to visit and/or use the Site in any manner whatsoever. If older then the age of 13, but under the age of 18, or any other age of majority in the User’s jurisdiction, then such User must only use the Site and Services under the supervision of a parent, legal guardian or other responsible adult.
Users are authorized to use and access the Site subject to these Terms of Use. Use of the Site is further subject to any contracts Users enter into with REFPipeline in regard to use and to the extent there is any conflict between these Terms and Conditions and any agreement entered with REFPipeline, the terms of the agreement will control. Such use may not be resold or assigned.
The Content is the sole and exclusive property of REFPipeline, is protected by copyright, trademark and/or other applicable legal protections, and may not be reproduced, sold, modified, displayed, distributed or otherwise be used or misused for any commercial purpose outside of the Services without the express written consent of REFPipeline. Further, the Content may not be used on any other website, advertising, marketing materials, or any other document without first obtaining the express written permission from REFPipeline. Any unauthorized use of the Content is strictly prohibited, may be a violation of applicable laws, and REFPipeline reserves all rights and remedies, including legal and equitable remedies, against any violator for any unauthorized use of the Site, Content and/or Services.
The Site may not be used for any other commercial purposes other than those set forth herein. Users further agree to not:
a. Use any data mining, robots or similar data gathering or data extraction methods in regard to any Content or Service Professional Materials on the Site;
b. Use the Site for any act which is in violation of any applicable laws, including without limitation, any laws governing the collection, processing, transfer or use of any personally identifiable information;
c. Violate or attempt to violate any security measures utilized on the Site;
d. Reverse engineer or decompile any parts of the Site;
e. Delete, Copy, duplicate, aggregate, alter or otherwise interfere with any Content or Service Professional Materials on the Site which does not belong to the User;
f. Use any tool or method to navigate the Site other than those tools and methods offered on the Site;
g. Access data or information to which the User is not intended to have access;
h. Solicit other passwords or other personally identifiable information or send unsolicited mail, email, text messages, or make unsolicited telephone calls or any other contact with another User after request from Users not to do so;
i. Upload any content or material which is false, misleading or promotes illegal activity;
j. Upload any Service Professional Materials on behalf of any third parties;
k. Harass, defame, and/or threaten any other User;
l. Input any false information on the Site, including without limitation, the name, email address, telephone number, address, or any other information of a third party;
m. Use the Site for any other unlawful or illegal purpose; and/or
n. Use the Site to recreate or compete with REFPipeline or for any other purpose not contemplated herein.
If it is determined or reasonably suspected that a User is misusing or attempting to misuse the Site, or are using or attempting to use them for any expressly prohibited or other inappropriate purposes, REFPipeline reserves the right, at its sole and exclusive discretion, to pursue all of its legal remedies, including, but not limited to, removal any Service Professional and/or Service Professional Materials from the Site and/or to terminate or restrict the use of the Site or Services by any User.
4. Service Professionals and Service Professional Materials. Service Professionals are granted a limited, terminable, non-exclusive right to access and use the Site and Services for the sole purposes of the Service Professional seeking matches for business opportunities. Service Professionals agree that they are solely responsible for the content of any Service Professional Materials posted by them to the Site and any consequences arising from such posting. Service Professional represents, warrants and covenants that any Service Professional Materials provided by Service Professional for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, data protection laws, and defamation laws. Service Professional grants REFPipeline a non-exclusive, worldwide, royalty-free license to use the Service Professional Materials and to hyperlink to Service Professional's website in connection with the Services. Service Professionals are further subject to any terms and conditions contained in the Services Agreement entered between it and REFPipeline.
In addition to the restrictions contained in section 3, Service Professionals further agree they may not:
a. Post any opportunity, except as otherwise allowed by applicable law, which requires another Service Professional to provide information relating to race/ethnicity, political beliefs, philosophical or religious beliefs, membership of a trade union, physical or mental health, sexual life, the commission of any criminal offense or proceedings, or age;
b. Post any opportunity in a manner which violates any applicable local, state, federal or international law to the Service Professional, including without limitation, employment laws, labor laws, data information and privacy laws, consumer protection laws, and intellectual property laws;
c. Post opportunities in a manner which require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required by applicable law;
d. Post opportunities which entail any criteria or screening where such criterion or screening is not otherwise a legal requirement of the opportunity.
e. Post any franchise opportunity, distributorship opportunity, multi-level marketing opportunity, or sales representative agency arrangement;
f. Post any opportunity which requires the recruitment of other members, sub-distributors or sub-agents or involves any pyramid scheme;
g. Post an opportunity which does not represent a bona fide business opportunity;
h. Post any opportunity involving modeling, acting, talent, entertainment, sexual services, the donation of human parts, including without limitation, reproductive services and surrogacy, or which otherwise violate REFPipeline’s spirit and goals;
i. Post an opportunity which endorses a particular political party, political agenda, or political issue; and/or
j. Post an opportunity which endorses a particular religion or philosophical belief.
REFPipeline reserves the right, in its sole and absolute discretion, to refuse to post or display any Service Professional Materials and to delete any Service Professional Materials it believes to be in violation, including in spirit and intent, of these Terms of Use.
5. Privacy Policy. REFPipeline values the privacy of its Users and has adopted a Privacy Policy regarding the processing of any personal information. The current Privacy Policy is located at www.REFPipeline/privacypolicy and all provisions contained therein are incorporated into these Terms of Use.
6. Disclaimer Regarding Service Professionals. All statements on the Site concerning licensing, insurance, and bonds are for informational purposes only, are self-reported to REFPipeline by the service professionals, and are not independently verified by REFPipeline. Much like a social dating site, the Site is a business-to-business matchmaking service offering suggestions of service providers. While we initially select service professionals that have excellent past reviews gleaned from a variety of internet sources, please be aware that licenses, insurance, and/or bonds can expire, can be cancelled, and/or can be materially modified by businesses. Accordingly, REFPipeline highly encourages Users to independently check such information for verification before utilizing or referring any service professional. Additionally, each state has its own licensing rules and other legal requirements. Users can and should check your state’s rules by visiting the applicable commission, division or other state regulatory agency licensing website. REFPipeline further encourages Users to report any service professional’s loss or change of licensing and/or any other material changes for any service professional to us at licensing@refpipeline.com. Upon such reporting, REFPipeline can then update the service professional’s listing, contact that service professional for further information and evaluation, and/or take any other appropriate action, including without limitation, deleting such service professional listing from the Site.
7. Disclaimer of Warranty, Consequential Damages and Limitation of Liability. REFPipeline neither expressly, nor impliedly, and to the full extent allowed by applicable laws, warrants or guarantees any use of the Site, and expressly disclaims any warranty or guarantee as to the accuracy of any Content and/or Service Professional Materials, that the Services will operate without error, or that the Site is free of any computer viruses or other harmful content. REFPipeline further does not endorse any specific Service Professional in regard to the content posted or uploaded to the Site. To the fullest extent allowed by applicable law, REFPipeline shall not be liable for any damages to any User, including without limitation, incidental damages, consequential damages, lost profits, damages arising from any lost data, damages relating to any interruption of business, Site or system outages or failures, lost employment opportunity, and/or the inability to use the Services, whether based in contract, tort, equity, or any other legal theory, including whether or not REFPipeline has been advised of the potential for any such claimed damages. REFPipeline may also experience service interruptions and downtime, including for its own servicing and updating of the Site. When related to service, REFPipeline will endeavor to complete such servicing during what it deems in its reasonable discretion to be optimum time and to minimize interruption to the Site and Users. DESPITETHE FOREGOING AND TO THE EXTENT THAT REFPIPELINE IS FOUND LIABLE FOR ANY DAMAGES ARISING UNDER ANY CAUSE OF ACTION OR CLAIM, AND TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, REFPIPELINE, INC.’S LIABILITY SHALL NOT EXCEED $100.00 TO ANY SERVICE PROFESSIONAL. If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
8. Indemnity. Users agree to defend, indemnify, and hold harmless REFPipeline, its respective officers, directors, employees and agents, from and against any claims, actions, demands, damages, attorney’s fees and costs, arising from (i) any Service Professional Materials any Service Professional posts or uploads to the Site, (ii) any User’s use of any Content, and/or (iii) any User’s breach of these Terms of Use. REFPipeline will make all reasonable efforts to notify the User of any claims, actions or demands brought against it and to reasonably assist the User in providing any information it maintains in regard to such claims, actions or demands.
9. Waiver. No waiver of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of the same or similar nature. REFPipeline’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect REFPipeline’s ability to enforce such term at any point in the future.
10. Intellectual Property Policy and Notification of Claimed Copyright or Trademark Infringement. REFPipeline respects the trademarks, copyrights and/or other intellectual property of others and expects that all Users of REFPipeline will do the same. Accordingly, the unauthorized use of any intellectual property belonging to another without express permission is expressly prohibited. If any person or entity believes that any content uploaded on REFPipeline violates and/or infringes on any copyright or trademark, then please send an email to legal@refpipeline.com or by regular mail to:
REFPipeline, Inc.
Attn: REFPipeline – Legal
5186 San Milano Avenue
Las Vegas, Nevada 89141
Upon receipt of such notice and/or upon discovery of any infringement by REFPipeline, REFPipeline expressly reserves the right, in its sole and absolute discretion, to remove any materials it believes constitutes infringement of another person’s or entity’s intellectual property rights. Repeat offenders may be blocked by REFPipeline. Such takedown may occur with or without notice, and without any liability from REFPipeline to the User, though REFPipeline will endeavor to notify the impacted User. In the event any material is taken down or a User has been blocked, and the User believes that such action has wrongfully been taken by REFPipeline, then please contact REFPipeline as set forth above.
11. Choice of Law and Forum. These Terms are governed by the internal substantive laws of the State of Nevada, without respect to any conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Clark County, Nevada.
12. Arbitration. Any controversy or claim arising out of or relating to the User’s use of the Services or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Clark County, Nevada, and judgment on the arbitration award may be entered by any court having jurisdiction thereof. Either the User or REFPipeline may seek any interim or preliminary relief from a court of competent jurisdiction in Clark County, Nevada, deemed necessary to protect the rights or property of the User or REFPipeline pending the completion of arbitration. This arbitration clause does not prohibit either REFPipeline or the User from seeking to have the arbitration dismissed or judicially terminated on the basis the claims in arbitration action fail to provide a legal basis upon which a claim for relief may be granted. Any motion or action to dismiss must be filed in a court of general jurisdiction within Clark County, Nevada.
13. Notices. Any notices to REFPipeline should be emailed to legal@refpipeline.com and/or delivered by first class mail to:
REFPipeline, Inc.
Attn: REFPipeline – Legal
5186 San Milano Avenue
Las Vegas, Nevada 89141
14. Savings Clause. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
15. Use of the Site through Mobile Services. Use of the Site through a mobile device may result in the transmission of information to REFPipeline regarding the User’s mobile device, carrier, and your physical location. Further, use of the Site may also result in information and data being displayed on the User’s mobile device. By accessing the Site, Users agree and acknowledge that they have authority to utilize the mobile device and are responsible for all charges associates with accessing the Site. Further, Users agree that any contact information with REFPipeline will be updated should the number associated with the mobile device be changed or deactivated, as otherwise information may continue to be transmitted by REFPipeline to the mobile device.
16. Use of the Site or Services Outside of the United States. Use of the Site and Services is limited to those Users located in the United States and Canada. However, REFPipeline makes no claims or representations whether the Site may be lawfully viewed or accessed outside of the United States and Canada. Use of the Site may not be legal by certain persons or in certain countries. Any access to the Site is done so at the User’s own risk and Users are responsible for compliance with the laws of their jurisdiction. Any software downloaded from the Site is further subject to United States export control laws and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, User represents, warrants, and otherwise agrees that he, she or it is not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
17. Captions not Controlling. The captions appearing in these Terms of Use are descriptive only and for convenience in reference throughout these Terms of Use, and shall not define, limit or describe the scope or intent of these Terms of Use, nor in any way effect these Terms of Use.
18. Term, Amendment and Termination. These Terms of Use shall remain in full force and effect and apply to all use of the Site and Services. REFPipeline reserves the right to amend these Terms and Conditions and may do so by updating and revising this page. Any revisions will be binding upon Users upon the stated effective date at the bottom of this page and Users consent to such Terms and Conditions by their continued use of the Site after such date. If Users do not consent to such revisions, then Users shall not utilize the Site. Certain provisions of these Terms of Use will remain in effect after the discontinued use or termination of use, expressly including, but without limitation, sections 6, 7 and 8.
These Terms of Use are effective November 15, 2021.