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BY CLICKING THE SEARCH/CONTINUE BUTTON DISPLAYED DURING THE
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GOVERNING YOUR USE OF THIS WEBSITE. You acknowledge that you have read,
understood, and agree to be bound by all terms and conditions of this
Terms of Use Policy, as well as all other applicable REfindly LLC Services documents that are or may be
established and referenced herein by REfindly LLC from time
to time.
License Grant. Subject to the provisions of our Privacy Policy, you
hereby grant to REfindly LLC a nonexclusive, worldwide,
perpetual, irrevocable, fully paid-up right and license to use in its
business, however it evolves, including the rights to copy, distribute,
display, perform, transmit, prepare derivative works from or otherwise
use without restriction any information you provide to us that is
maintained in our databases on our servers in connection with the
Technology we provide you.
Limitation of Liability. YOU AGREE AND ACKNOWLEDGE THAT YOUR USE OF
ANY OF THE REFINDLY LLC'S TECHNOLOGY IS ENTIRELY AT YOUR OWN
RISK. YOU AGREE THAT REFINDLY LLC'S WILL NOT BE LIABLE, UNDER
ANY CIRCUMSTANCES, FOR ANY (a) TERMINATION, SUSPENSION, LOSS, OR
MODIFICATION OF YOUR TECHNOLOGY, (b) USE OF OR INABILITY TO USE THE
TECHNOLOGY, (c) INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR
ACCESS INTERRUPTIONS TO ANY REFINDLY LLC'S WEBSITE OR ANY REFINDLY LLC'S SERVICE, (e) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND REFINDLY LLC'S REASONABLE CONTROL, (g) THE PROCESSING OF
YOUR LCM GATEWAY FORMS, (h) APPLICATION OF ANY APPLICABLE LAW,
REGULATION OR REFINDLY LLC'S POLICY, (i) LOSS INCURRED IN
CONNECTION WITH THE TECHNOLOGY; (j) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (k) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY USING YOUR TECHNOLOGY, OR (l) ANY OTHER MATTER RELATING TO YOUR
USE OF THE TECHNOLOGY. REFINDLY LLC ALSO WILL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
KIND (INCLUDING LOST PROFITS, GOODWILL, DATA, THE COST OF REPLACEMENT
GOODS OR TECHNOLOGY, OR OTHER INTANGIBLE LOSSES) REGARDLESS OF THE FORM
OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF REFINDLY LLC HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. REFINDLY LLC'S MAXIMUM
AGGREGATE LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
THE TECHNOLOGY, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS
($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnification. You agree to defend, indemnify and hold harmless REfindly LLC, its subsidiaries, affiliates, officers,
directors, agents, partners, employees and attorneys for any loss,
liabilities, damages, costs or expenses, including reasonable attorneys'
fees, resulting from any third party claim, action, or demand arising
out of or related to your use of or connection to the Technology,
including, but not limited to, (a) your order for, registration of,
renewal of or failure to register or renew particular Technology
registered in your name, (b) your breach or violation of any term,
condition, representation or warranty of this Agreement; or (c) your
violation of any rights of others.
Disclaimer of Warranties. REFINDLY LLC'S TECHNOLOGY IS
PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS. REFINDLY LLC MAKES NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE TECHNOLOGY, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR SERVICE GUARANTEES, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. REFINDLY LLC FURTHER
DISCLAIMS ANY REPRESENTATION OR WARRANTY: (a) THAT THE TECHNOLOGY WILL
MEET YOUR SPECIFIC REQUIREMENTS; (b) THAT THE TECHNOLOGY WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THAT ANY ERRORS IN THE
TECHNOLOGY WILL BE CORRECTED. (d) ANY MATERIAL ACCESSED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE TECHNOLOGY IS DONE AT YOUR OWN
DISCRETION AND RISK. (e) YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR
USE OF ANY SUCH MATERIAL. (f) NO ORAL OR WRITTEN ADVICE OR INFORMATION
GIVEN BY REFINDLY LLC, ITS EMPLOYEES, LICENSEES OR THE LIKE
WILL CREATE A WARRANTY OR GUARANTY, NOR MAY YOU RELY ON ANY SUCH
INFORMATION OR ADVICE.
During the term hereof, REfindly grants to licensee a non-transferable, non-assignable limited licence to use the leads as follows:
Licensee agrees to use the leads in a way that strictly complies with all state, federal, and international laws. This includes but is not limited to, the CAN SPAM Act of 2003, the Federal and State Do Not Call List, and with the provisions of the Federal Trade Commission's amended Telemarketing Sales Rule, 16 CFR Part 3 or the Federal Communications Commission's Rules and Regulations implementing Telephone Consumer Protection Act f 1991, 47 Section 64.1200.
REfindly exercises no control over, and accepts no responsibility for, the acts and/or omissions of the leads provided.
REfindly makes no representation regarding whether the use by licensee of the leads is authorized pursuant to the Federal Trade Commission's Federal Communications Commission's Telemarketing Sales Rules.
Licensee hereby agrees that the leads are provided on an "as is, as available" basis.
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