By joining RefinerLink and using and/or reading the services and blogs related thereto (collectively, the “Services”), you are agreeing to be bound by the following terms and conditions ("Terms of Use").
Basic Terms
Any violation of any abovementioned conditions may result in the termination of your RefinerLink account. Users must understand and agree that RefinerLink is not responsible for the Content posted on its Site, and is not required to actively monitor Content posted. You nonetheless may be exposed objectionable materials and should use the Site at your own risk.
General Conditions
This is strictly a professional networking site and not intended for any other use. Users of RefinerLink services have the responsibility of not disclosing confidential or proprietary information. Illegal business collaboration or collusion is not permitted, and will result in termination of member priviledges.
Copyright (You own the content)
Claims can be sent to support@refinerlink.com.
THIRD PARTY SITES; ADVERTISERS
Our Services may include links to third party websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. We are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on our Services are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
PAYMENT
If you purchase any services (e.g. Job Posts, Job Credits) that we offer for a fee, you agree to RefinerLink storing your payment card information. You also agree to pay all applicable fees for the service plus all related taxes. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods; this also applies to Job Credits, which are nonrefundable for partially used periods.
DISCLAIMER OF WARRANTIES
We provide our Services "as is", "with all faults" and "as available." We and our suppliers make no express warranties or guarantees about the Services. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED THROUGH OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY OF OUR REPRESENTATIVES SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF OUR SERVICES. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF A SERVICE EXCEED THE TOTAL AMOUNT OF SERVICE FEES, IF ANY, THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our parent and other affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, and expenses, including attorney's fees that arise from your use or misuse of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
INTERNATIONAL USE
We make no representation that Content on the Services is appropriate or available for use in locations outside the United States, and accessing it from territories where the Content is illegal is prohibited. If you choose to access a Service from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of Louisiana govern this contract and any claim or dispute that you may have against us, without regard to Louisiana’s conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in New Orleans, Louisiana and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN MADISON, LOUISIANA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN NEW ORLEANS, LOUISIANA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
SEVERABILITY AND INTEGRATION
This contract and any supplemental terms, policies, rules and guidelines posted on our Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
TERMINATION
Your right to use our Services automatically terminates if you violate these Terms of Use or any rules or guidelines posted in connection with our Services. We also reserve the right, in our sole discretion, to terminate your access to all or part of our Services, for any reason, with or without notice.
Updated: October 10, 2011