Terms of Service
Last Update: July 2020
1.0 Welcome to CReferral.com
The following terms of service (these "Terms of Service"), govern your access to and use of the CReferral.com website, including any content, functionality and services offered on or through www.CReferral.com (the "Site") by PJP Consulting LLC.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site.
This Site is offered and available to users who are 13 years of age or older. If you are under 13, you may not use this Site or the CReferral.com services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
If you have any questions regarding the Site or Terms of Service, please contact our Customer Support team through the ‘Contact Us’ form on CReferral.com.
2.0 Key Terms
Buyers are businesses (clients) who place orders for services on CReferral.com.
Sellers are users (MicroWorkers) who offer and perform freelance services.
Disputes are disagreements experienced during an order between a Buyer and Seller on CReferral.com.
Dashboard is where Buyers and Sellers communicate with each other using CReferral.com’s inbuilt chat functionality in connection with an order for freelance service.
Orders are the formal agreement between a Buyer and Seller after an order for service posted by a buyer is accepted by a seller.
Payment Services Provider(s) are service providers that provide payment services to Buyers and Sellers in connection with the CReferral.com platform, including with respect to collection of funds from Buyers in connection with purchases of freelance services, remittance and withdrawal of funds to Sellers.
Total Order value is the amount that Buyer would pay to realize freelance services from sellers.
Seller Revenue is the money that Sellers earn from completed orders relating to freelance services posted by buyers.
CReferral.com platform revenue is the difference between the Total Order Value (which is collected from the Buyer) and the Seller Revenue (amount received by the seller for performing these freelance services for the buyer) and this represents the compensation to CReferral.com for maintaining its cloud based on-demand online tasks platform.
3.0 Overview
· Only registered users may buy and sell on CReferral.com. Registration is free.
· Buyers place orders for online freelance services using the platform provided by CReferral.com
· Buyers pay CReferral.com an initial amount when they create an order for freelance service which they need from the seller. When both the seller and buyer complete the order, buyers pay the balance amount to CReferral.com (the initial amount plus balance amount is equal to total order value which is the buyer’s cost to realize the services from the seller).
· When a Seller accepts a buyer’s order invite on the CReferral.com platform, he is shown the Seller revenue which is the amount the seller will receive upon successful completion of the services requested by the buyer. When both the seller and buyer complete the order, CReferral.com deducts the platform revenue from the total order value and the balance amount which is Seller Revenue is paid to the seller after the safety waiting period.
· Users may not offer or accept payments using any method other than placing an order through CReferral.com.
4.0 BUYERS
· Buyers create their order for freelance services on CReferral.com by paying an initial amount which CReferral.com collects on behalf of the seller. Once the order is completed by both seller and buyer, CReferral.com collects the balance payment from the buyer on behalf of the seller. CReferral.com deducts the platform revenue from the total order value and the balance amount (which is Seller Revenue) is paid to the seller after the safety waiting period.
· CReferral.com serves as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller (after deducting CReferral’s platform fees). Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by CReferral.com (or its Payment Services Provider, as applicable), and CReferral.com (via its Payment Service Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that CReferral.com (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against CReferral.com and not the Buyer directly.
· As a buyer, you may not exchange contact information with Sellers.
· If an order is cancelled (for any reason), the initial payment paid by the buyer will be returned to the Buyer.
· Buyer may not offer Sellers to pay, or make payment using any method other than through the CReferral.com site. In case you have been asked to use an alternative payment method, please report it immediately to CReferral.com’s Customer Support.
· By using any payment method and/or providing payment details for making purchases on CReferral.com, you represent and warrant that: (a) you are legally authorized to provide such information; (b) you are legally authorized or have permission to make payments using the payment method(s); (c) if you are an employee or agent of a company or person that owns the payment method, you are authorized by that company or person to use the payment method to make payments on CReferral.com; and (d) such actions do not violate any applicable law.
5.0 SELLERS
· Sellers register on CReferral.com with an intent to provide their freelance services to buyers.
· When a Seller accepts a buyer’s order invitation on CReferral.com platform, he is shown the Seller revenue which is the amount the seller will receive upon successful completion of the services requested by the buyer. When both the seller and buyer complete the order, CReferral.com deducts the platform revenue from the total order value and the balance amount (which is Seller Revenue) is paid to the seller (on behalf of the buyer) after the safety waiting period.
· CReferral.com will pay the seller after a safety waiting period of 7 days after the order is marked as complete by both buyer and seller.
· You may not exchange contact information with Buyers.
· For security concerns, CReferral.com may temporarily disable a Seller’s ability to use the CReferral.com platform to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by Buyers, or associating multiple CReferral.com accounts.
· Sellers are responsible for paying any direct or indirect taxes, including any GST, VAT or otherwise, which may apply to them depending on residency or location. Sellers represent and warrant that they comply, and will comply at all times, with their obligations under income tax provisions in their jurisdiction. On CReferral.com’s platform, the price shown (which a seller will receive defined earlier as Seller Revenue) is inclusive of all such taxes and charges that may apply to the Sellers.
· Appointment as Limited Payment Collection Agent: Seller hereby appoints CReferral.com as Seller’s limited authorized payment collection agent solely for the purpose of accepting payments (via its Payment Services Provider, if applicable) from Buyer, and remitting those payments to Seller. Seller agrees that payment from Buyer to CReferral.com (minus CReferral.com’s platform fees) shall be considered the same as payment made directly to Seller. Buyer’s payment obligation to Seller will be satisfied upon receipt of payment by CReferral.com (or its Payment Services Provider, as applicable), and CReferral.com (via its Payment Services Provider, as applicable) is responsible for remitting the funds to the Seller in the manner described in these Terms of Service. In the event that CReferral.com (via Payment Services Provider) does not remit any such amounts to Seller, the Seller will have recourse only against CReferral.com and not the Buyer directly. Seller agrees that CReferral.com may describe or otherwise reflect the terms contained herein in any terms of service, receipts, disclosures, or notices including, but not limited to, receipts provided to Buyers that CReferral.com may deem necessary or prudent.
· CReferral.com partners with Payment Services Providers for purposes of collecting payments (Total Order Value) from Buyers, transferring such payments from Buyers to Sellers, after withholding CReferral.com’s platform fees.
· Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
6.0 Taxes
· Buyers may be charged with indirect taxes (such as Sales Tax, VAT or GST) depending on their residency, location and any applicable law, in addition to the price shown on the site, and, in any event, any such taxes will always be displayed to the Buyer before payment.
· Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid following any direct or indirect taxes, levy, withholding tax and/or deductions.
7.0 ORDERS
· Once the buyer’s initial payment is confirmed, the order will be created and given a unique order number.
· CReferral.com platform will send invitations to sellers registered in its network. A seller can accept the invite in which case the order can’t be fulfilled by other sellers. Once the seller completes the order, he will mark the order as complete. Next, the buyer must also complete the order which would signify buyer’s approval that the seller’s services are acceptable to the buyer. Once both the buyer and seller complete the order, the seller is eligible to get his payment (Seller Revenue) after the safety period.
· After accepting an order invitation, if a seller changes his mind, they can release the order in which case the CReferral.com platform will send the order invitations to other sellers in its network.
· We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact CReferral.com's Customer Support department for assistance.
· Users are responsible for scanning all transferred files for viruses and malware. CReferral.com will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
· If a Seller completed the order and the Buyer is not satisfied with the services of the seller, the buyer has the option to not complete the job and use the CReferral.com’s chat functionality to communicate with the seller to make improvements to their service. The order will be fully complete only when both the buyer and seller mark the order as complete.
8.0 Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can contact CReferral.com's Customer Support department for assistance.
9.0 Referrals
CReferral.com offers a referral program to its users (both buyers and sellers) where they get rewarded for new user signups which happen using their individual referral links. A visitor to CReferral.com will see a ‘Referral Widget’ on the right-center of the screen. To become a part of CReferral.com’s referral program, the visitor can choose either Client or MicroWorker and enter their name, email address and phone number. Soon after the ‘Submit’ button is clicked, the visitor will see their ‘individual referral link’ which can be copied and shared on social media (Facebook, Twitter and LinkedIn) or via email. The user(s) become eligible for rewards when a new user signs up using a user’s referral link.
CReferral.com alternates between four types of referral campaigns.
Single Side Reward - If person A makes a referral and person B signs up on your website, person A is rewarded $X.
Double Side Reward - If person A makes a referral and person B signs up on your website, person A is rewarded $X and person B is rewarded $Y.
Multilevel Single Side Reward - If person A makes a referral and person B signs up on your website, person A is rewarded $X. If person B makes a referral and person C signs up on your website, person A gets an additional $Y and person B gets $X.
Multilevel Double Side Reward - If person A makes a referral and person B signs up on your website, person A is rewarded $X and person B is rewarded $Y. If person B makes a referral and person C signs up on your website, person A gets an additional $Z, person B gets $X and person C gets $Y.
CReferral.com reserves all right to not pay referral rewards where fraud is involved.
10.0 Arbitration Agreement
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against CReferral.com on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against CReferral.com, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against CReferral.com by someone else.
10.1 Agreement to Binding Arbitration Between You and CReferral.com:
You and CReferral.com agree that any dispute, claim or controversy arising out of or relating to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and CReferral.com, and not in a court of law.
You acknowledge and agree that you and CReferral.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and CReferral.com otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. However, you and CReferral.com each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
10.2 Rules and Governing Law:
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.
The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Washington.
10.3 Process:
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration - Consumer Arbitration Rules at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The Arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of Washington and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an Arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the Arbitrator in accordance with the AAA Rules.
10.4 Location and Procedure:
Unless you and CReferral.com otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CReferral.com submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
10.5 Arbitrator's Decision:
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. CReferral.com will not seek, and hereby waives all rights CReferral.com may have under applicable law to recover, attorneys' fees and expenses if CReferral.com prevails in arbitration.
10.6 Fees:
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, CReferral.com will pay all such fees, unless the Arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
10.7 Changes:
Notwithstanding the provisions in Section I above, regarding consent to be bound by amendments to these Terms, if CReferral.com changes this Arbitration Agreement after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing CReferral.com written notice of such rejection within 30 days of the date such change became effective, as indicated in the "Effective" date above. This written notice must be provided either (a) by mail or hand delivery to our registered agent for service of process, c/o CReferral.com (the address shown at the end of this page), or (b) by email from the email address associated with your Account to: info@CReferral.cominc.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and CReferral.com in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).
10.8 Severability and Survival:
If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
11.0 User Conduct and Protection
· To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of CReferral.com in order to circumvent or abuse the CReferral.com messaging system or CReferral.com platform is not permitted.
· CReferral.com does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution process by contacting CReferral.com’s customer service.
· CReferral.com reserves the right to pursue legal action against users who exchange contact information and interact outside of the CReferral.com’s platform.
· All information and file exchanges must be performed exclusively on CReferral.com's platform.
· Rude, abusive, improper language, or violent messages (in the CReferral.com’s chat functionality) will not be tolerated and may result in an account warning or the suspension/removal of your account.
· CReferral.com is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.
· Users may not submit proposals or solicit parties introduced through CReferral.com to contract, engage with, or pay outside of CReferral.com.
12.0 Reporting Violations
If you come across any user or content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
13.0 Violations
Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
14.0 Non-Permitted Usage
Inappropriate Behavior & Language – Buyer and Seller communication on CReferral.com, should be friendly, constructive, and professional. CReferral.com condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between buyer and seller so that sellers can fulfill buyer’s IT tutoring service orders.
Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their tutoring service orders.
Privacy & Identity - You may not publish or post other people's private and confidential information. Both Buyers and Sellers agree that they will not exchange personal information. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of CReferral.com will not be protected by our Terms of Service.
Authentic CReferral.com Profile - You may not create a false identity on CReferral.com, misrepresent your identity, create a CReferral.com profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. CReferral.com reserves the right to require users to go through a verification process in order to use the Site (whether by using email, ID, phone, camera, etc.).
Fraud / Unlawful Use - You may not use CReferral.com for any unlawful purposes or to conduct illegal activities.
15.0 Abuse and Spam
Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the CReferral.com community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of CReferral.com’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on CReferral.com. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts - You may not buy or sell CReferral.com accounts.
16.0 Proprietary Restrictions
The Site, including its general layout, design and content, is exclusively owned by CReferral.com and protected by copyright and trademark law. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) modify or create derivative works; (iv) remove any copyright notice, identification or any other proprietary notices, or; (v) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site. Users also agree not to permit or authorize anyone else to do any of the foregoing.
17.0 Feedback Rights
To the extent that you provide CReferral.com with any comments, suggestions or other feedback regarding the CReferral.com platform or the Site as a whole, you will be deemed to have granted CReferral.com an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. CReferral.com is under no obligation to implement any Feedback it may receive from users.
18.0 Confidentiality
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
19.0 General Terms
· CReferral.com reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and due to any illegal or inappropriate use of the Site or services.
· Violation of CReferral's Terms of Service and/or our Community Standards may get your account disabled permanently.
· Users with disabled accounts will not be able to sell or buy on CReferral.com.
· Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
· Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
· Disputes should be handled using CReferral’s dispute resolution tools ('Resolution Center' on the order page) or by contacting CReferral’s Customer Support.
· CReferral.com may make changes to its Terms of Service from time to time. When these changes are made, CReferral.com will make a new copy of the terms of service available on this page.
· You understand and agree that if you use CReferral.com after the date on which the Terms of Service have changed, CReferral.com will treat your use as acceptance of the updated Terms of Service.
20.0 Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CREFERRAL NOR ANY PERSON ASSOCIATED WITH CREFERRAL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
21.0 Limitation on Liability
IN NO EVENT WILL CREFERRAL.COM, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN ACCEPTING LIABILITY AS THE LIMITED AUTHORIZED PAYMENT COLLECTION AGENT OF SELLER, CREFERRAL.COM AND ITS AFFILIATES ASSUME NO LIABILITY FOR ANY ACTS OR OMISSIONS OF SELLER.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with CREFERRAL, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.