Terms of Use

Welcome to this site. By using this site, you are agreeing to comply with and be bound by this Website Terms of Use Agreement ("Agreement"). Please review the following terms carefully. For purposes of this Agreement, the terms "we," "us," and "our" refer to By Referral Only, Inc. and all affiliates. "You" refers to you, as a user of this site. If you do not agree to these terms, you do not have the right to access or use this site in any way.

1. Acceptance of Agreement

Each time you access this site, you confirm your agreement to abide by the terms and conditions of this Agreement. This Agreement together with your Annual Membership Contract and the other Terms of Use contained on our site constitute the entire and only agreement between us and you with respect to the subject matter herein, and supersedes all prior or contemporaneous agreements or representations.

2. Your Password

We may choose to provide you with a password that will enable you to access certain portions of this site. You are responsible for keeping any such password information confidential. If you allow someone else to use your password, you are responsible for all activities of that person using your password.

3. Hours of Access

At certain times, this site may not be available due to system maintenance, technical difficulties or for any other reason.

4. Additional Terms and Conditions

In addition to this Agreement, you agree to be bound by, and will comply with, the rules and regulations of any third-party sites and/or services that you access via this site and all applicable state and federal laws and regulations. You expressly agree to be bound by the terms and conditions associated with those services and sites, in addition to those found in this Agreement.

5. Termination

We reserve the right, in our sole discretion, to terminate this Agreement and your access to this site, for violation of any agreement between you and By Referral Only, Inc. or its affiliates.

6. Assignment

We have the right to assign or delegate this Agreement, in whole or in part, at any time. You have no right to assign, transfer, loan, give away, encumber or disclose your password or any right given to you under this Agreement at any time.

7. Disclosure of Your Information

You authorize us and each of our affiliates to disclose to third parties, agents, and other representatives information you have provided or that we have obtained about you in the following instances: (i) to comply with any law, regulation or court order; (ii) upon your authorization; (iii) to local, state and federal authorities, if we believe a crime may have been committed involving your use of this site; and/or (iv) in response to requests by agents or independent auditors, attorneys or consultants.

8. Intellectual Property Rights

You hereby acknowledge and agree that we exclusively own or have rights to all worldwide right, title and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, "look and feel," compilations, and other matters included within this site, to all modifications and derivative works thereof, and to all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights and other intellectual or industrial property rights related thereto (collectively "Materials"). Except as expressly provided herein, the copying, redistribution, use or publication by you of any of the Materials is strictly prohibited. You do not acquire any ownership rights to any of the Materials at any time by your access and/or use of this site.

9. Submission

We welcome your comments regarding our online services. If you send us submissions or creative suggestions, ideas, notes, drawings, marketing concepts or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidence on our part. We shall not be liable for any use or disclosure of any Submissions and may edit, in our sole discretion, such Submissions for use. You hereby assign to us all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, and agree that we shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you.

10. Trademarks

You hereby acknowledge and agree that By Referral Only, Inc., Ask A Coach, By Referral Only Community, and related marks used in connection with this site are either trademarks or service marks of By Referral Only and shall remain the exclusive property of By Referral Only. Other product and company names mentioned on this site may be trademarks of their respective owners.

11. Limited Right to Use

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, indivisible license, without any right to sublicense, to use this site and any Materials found herein, solely for your own personal use or your own personal business use, and not for republication, redistribution, assignment, resale, preparation of derivative works or any other use. You shall not directly or indirectly decompile, disassemble, merge, translate, modify or reverse engineer any portion of this site.

12. Editing, Deleting and Modification

We reserve the right in our sole discretion to add, edit or delete any documents, information or other content appearing on this site.

13. DMCA Notification

In accordance with the Digital Millennium Copyright Act ("DMCA"), we have designated an agent to receive notification of claimed copyright infringement. If you believe that your copyrighted work is being infringed on this site, please contact us at support@byreferralonly.com.

All notices of alleged copyright infringement must include:

• Identification of the copyrighted work allegedly infringed.
• Description of the material claimed to be infringing and its location on the site.
• Your contact information, including address, telephone number, and email address.
• A statement of good faith belief that the use is not authorized by the copyright owner.
• A statement that the information provided is accurate, under penalty of perjury.
• Your physical or electronic signature.

14. Indemnity

You agree to indemnify, defend and hold harmless By Referral Only, its officers, directors, shareholders, employees, partners, equipment and service suppliers, sponsors, agents, attorneys, representatives, subsidiaries, affiliates, successors and assigns from all liabilities, losses, damages, claims and expenses, including reasonable attorneys' fees and costs, that in any way arises out of or relates to (a) your breach or violation of this Agreement, (b) your use of this site, (c) any transactions or other activities you engage in with any third party, (d) your infringement or violation of the intellectual property or other rights of third parties, and/or (e) your negligence or willful misconduct.

15. No Warranty

THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, ARE DISCLAIMED. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY INFORMATION OR SERVICE ACCESSED THROUGH THE SITE.

16. Limitations of Liability

YOU AGREE THAT NEITHER WE NOR OUR AFFILIATED PARTIES SHALL BE RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY ARISING FROM YOUR USE OF THIS SITE. WE SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT OF FEES PAID BY YOU FOR USE OF OUR SITE AND/OR SERVICES.

17. Third-Party Merchants

We may allow access to third-party merchants from which you may purchase certain goods or services. We do not operate or control the products or services offered by such merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and any merchants and are not responsible for information provided by you to any merchants.

18. Links to Other Websites

This site may contain links to other sites. We are not responsible for the content, accuracy or opinions expressed in such sites, and such sites are not investigated, monitored or checked for accuracy or completeness by us. Any hyperlink on our site does not imply approval or endorsement of the linked site by us.

19. Miscellaneous

This Agreement will be construed and enforced in accordance with the laws of the state of California. Both parties agree that any disputes or legal claims will be resolved via arbitration by a single arbitrator under the rules of the American Arbitration Association, conducted in San Diego County, California. Any cause of action by you with respect to this site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect.

20. Taxes

You may be required to report as taxable income the value of any prizes received by you. By Referral Only, Inc. and/or any sponsor who provides a particular prize may report the value of the prize to Federal and/or state taxing authorities.

21. Attorneys' Fees

In the event a dispute arises regarding this Agreement or the use of this site, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred, in addition to damages and any other relief to which it is entitled.

22. Privacy

By Referral Only, Inc. respects your privacy. For our privacy policy, please click here.