Welcome to the Terms of Service for ReferralMob, Inc. (“ReferralMob, Inc.,” “we,” or “us”), a Delaware Corporation, operating both the ReferralMob mobile app (the “ReferralMob App”) and related websites located at www.ReferralMob.com and Jobs.ReferralMob.com (the “ReferralMob Website”, together with the ReferralMob App, “ReferralMob”). By accessing or using ReferralMob in any way, you acknowledge that you have read these Terms of Service (“Agreement”) and you accept the Agreement’s terms and conditions. If you do not wish to be bound by this Agreement, do not use ReferralMob.
In the event there are multiple referrals of the same candidate to the same job, then the Referrer on whose job link the candidate activated in applying to the job shall be paid the referral reward in the event of a successful hire.
ReferralMob, Inc.’s obligation to make payments to a Referrer is triggered only to the extent a candidate remains in the position for 60 days.
Candidates, including Referrers that refer themselves to a job, will receive only the candidate bonus in the event they are hired and meet the tenure requirements.
Referrers and Candidates:
If the hired candidate remains at Employer for a minimum of 60 days then Referrers, if any, and Candidates will be issued rewards within 5 days of tenure requirement being met
Upon submitting their applications, Candidates attest that they have not previously applied to the job or have allowed any 3rd party to apply on their behalf at the time of their application through the ReferralMob site. In the event that a candidate is in the Employer’s database or applicant tracking system but has not been active and in continuous communication with the candidate at the time of the ReferralMob candidate submission, then such candidate shall be considered a ReferralMob sourced candidate.
The Employer is obligated to electronically update its candidate portal for each candidate as decisions are made. Employers shall notify ReferralMob of any hired candidates through the Employer portal and also by email to: email@example.com.
In the event of a successful hire, Employers shall be charged the fee indicated on the job application located on the employer portal.
Successful hire fees are payable upon the employee start date. An Employer credit card number shall be put on file at the time an offer is accepted and shall be charged on the start date. In the event a hired candidate voluntarily resigns within 30 days of the hire date, Employer shall be credited the full fee for such hire which shall be used against Employer’s next hire on the platform. In the event Employer does not make a new hire on the platform within 180 days of such candidate’s resignation, such credit shall terminate and become null and void.
1. Permitted Users
By using ReferralMob, you represent and warrant that you are over eighteen (18) years of age and have the right, authority and capacity to enter into this Agreement and to comply with all of the terms and conditions of this Agreement.
2. License to Access and Use
ReferralMob, Inc. grants you a limited, non-exclusive license to access and use ReferralMob. This license is personal to you and may not be assigned, sublicensed or otherwise transferred to anyone else. Except as expressly permitted by ReferralMob, Inc. in writing, you agree that you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, “scrape”, disassemble, impersonate, collect account names, misrepresent, or interfere with or disrupt the Site or Service. You agree to not violate any law or regulation, and you are responsible for such violations. ReferralMob may terminate your account for violating one or more of your responsibilities, at our discretion, with or without notice. Furthermore, you agree that you will not take any measures to interfere with or damage ReferralMob. All rights not expressly granted by ReferralMob, Inc. are reserved.
To use ReferralMob, Referrers and candidates must register an account. You acknowledge and agree that we may obtain and share your name, email, phone number, resume, LinkedIn Profile URL, profile picture and Video Cover Letter. It is important that you take precautions to protect your password. Please contact us at support@ReferralMob.com if you believe your account has been accessed by an unauthorized person.
5. Job Content
The jobs contained on ReferralMob, or that are otherwise accessed in connection with a user’s or employer’s use of ReferralMob are created by people over whom ReferralMob exercises no control. You acknowledge that we have no control over the content of job listing or other information on ReferralMob or made accessible by ReferralMob. ReferralMob, Inc. cannot confirm that users are, or employers are who they claim to be. ReferralMob assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any job listing, information that is contained on ReferralMob or that is otherwise accessed in connection with a user or employer’s use of ReferralMob,
as a user or employer, you are solely responsible for the content that you publish or display on the ReferralMob, or transmit to other users and employers. You will not post on ReferralMob, or otherwise transmit to other users or employers, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
6. ReferralMob’s Right to Use
To the maximum extent permitted by law, if you post content or submit material to ReferralMob, Inc., including photographs, you grant ReferralMob, Inc. a nonexclusive, worldwide, perpetual, irrevocable (except as described herein), fully paid, royalty-free, sub licensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for any purpose without restriction. Furthermore, each employer grants ReferralMob, Inc., its affiliates, and sublicenses a non-exclusive license to use its corporate name, logo, trademarks and other intellectual property on ReferralMob; and all users grant ReferralMob, Inc., its affiliates, and sublicense a non-exclusive license to use your corporate name and/or logo. When applying for a job through ReferralMob, you are providing all the information contained in your LinkedIn profile to ReferralMob, Inc., and asking ReferralMob, Inc. to share that information with third-party employers. As an employer, when you access ReferralMob, you are sharing job listing information with ReferralMob and asking us to share it with the users. You represent and warrant that: (i) you own the content posted by you on or through ReferralMob or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your content on or through ReferralMob does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) the posting of your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on ReferralMob. You agree to defend and indemnify ReferralMob, Inc. and its affiliates from any claims resulting from any content or materials you provide hereunder.
7. ReferralMob’s Referral Fee Pricing and Terms may be found here: http://referralmob.com/fee-agreement. Pricing and Terms may be revised from time to time and such revisions shall be effective for new job applications submitted immediately subsequent to any such modification.
8. Term and Termination; Account Deletion
This Agreement begins on the date you first use ReferralMob and continues until terminated in accordance with the provisions hereof. ReferralMob, Inc. may suspend, disable, or delete your account (or any part thereof) if ReferralMob, Inc. determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage ReferralMob, Inc.’s reputation or goodwill. If ReferralMob, Inc. deletes your account for any reason, you may not re-register under a different name without ReferralMob, Inc.’s prior written consent.
Upon termination, all licenses granted by ReferralMob, Inc. will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. ReferralMob, Inc. shall not be responsible for the loss of such content.
9. Disclaimers; Limitation of Liability
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER REFERRALMOB USERS. YOU UNDERSTAND THAT REFERRALMOB, INC. CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. REFERRALMOB, INC. ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF AND OTHER FACTUAL INFORMATION PROVIDED BY ITS USERS. REFERRALMOB, INC. MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR SUITABILITY TO HIRE OR BE EMPLOYED BY ANY CURRENT OR FUTURE USER. REFERRALMOB, INC. RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. REFERRALMOB DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES IN REGARD TO ANY CONTENT OR OTHER INFORMATION ACCESSED OR VIEWED ON REFERRALMOB THAT WAS PROVIDED BY USERS, EMPLOYERS OR LINKEDIN AND SHALL HAVE NO LIABILITY WHATSOEVER FOR ACTIONS TAKEN IN RELIANCE THEREON
b. YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL REFERRALMOB, INC. BE LIABLE FOR ANY DAMAGES WHATSOEVER TO YOU, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING YOUR CONDUCT ON REFERRALMOB OR ANY OTHER USER’S CONDUCT ON OR USE OR ACCESS OF REFERRALMOB, INCLUDING, WITHOUT LIMITATION, EMPLOYMENT CLAIMS OF ANY KIND, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, LOST WAGES OR PROFITS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF, OR EMPLOYERS FEATURED ON, REFERRALMOB. YOU AGREE TO TAKE ALL REASONABLE PRECAUTIONS IN ANY AND ALL INTERACTIONS WITH OTHER USERS OF, OR EMPLOYERS FEATURED ON, REFERRALMOB.
c. ReferralMob, Inc. reserves the right to modify ReferralMob. You are responsible for providing your own access to ReferralMob. ReferralMob, Inc. has no obligation to screen or monitor any content and does not guarantee that any content available on ReferralMob, Inc. complies with this Agreement or is suitable for any user or employer.
d. ReferralMob, Inc. provides ReferralMob on an “as is” and “as available” basis. You therefore use ReferralMob at your own risk. REFERRALMOB, INC. EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. Without limiting the foregoing, ReferralMob, Inc. makes no representations or warranties:
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used ReferralMob, and no warranties shall apply after such period.
You will indemnify, defend, and hold harmless ReferralMob, Inc. and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on ReferralMob; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to ReferralMob violates any law or infringes any third party right, including any intellectual property or privacy right.
11. Third-Party Copyrights and Copyright Policy
ReferralMob, Inc. respects the intellectual property of others, and we expect all users and employers to do the same. Each user and employer is responsible for ensuring that the materials they upload to ReferralMob do not infringe any third party copyright.
ReferralMob, Inc. will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, ReferralMob, Inc. may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
You may submit this information via: (1) email by sending a notice to support@ReferralMob.com, or (2) US mail to the attention of ReferralMob’s Copyright Agent.
If you believe that your material has been removed by mistake or misidentification, please provide ReferralMob, Inc. with a written counter-notification:
You may submit this information via: (1) email by sending a notice to support@ReferralMob.com, or (2) US mail to the attention of ReferralMob’s Copyright Agent.
ReferralMob, Inc.’s Copyright Agent
You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to the following agent of ReferralMob, Inc.
(“ReferralMob, Inc.’s Copyright Agent):
283 Newbury Street
Boston, MA 02115
You may send non-copyright complaints to:
283 Newbury Street
Boston, MA 02115
12. Rewards Programs
ReferralMob may offer rewards programs under which you may earn rewards for completing certain actions (each a "Program"). Programs may include Additional Terms. To participate a Program, you must be a legal resident of the 50 United States or the District of Columbia (or a resident of a jurisdiction where your participation is legal pursuant to the terms hereof and does not create any liability or registration, bonding, tax or other affirmative obligation for us), and agree to this Agreement. A Program is void where prohibited by law. Additional Terms may apply to your participation in activities allowing you to earn rewards ("Activities"). ReferralMob may limit or restrict your ability to participate in a Program in its sole discretion and may void any rewards or potential rewards you have accumulated in a Program if you do not comply with the Agreement or any applicable Additional Terms. You agree to abide by the final and binding decisions of ReferralMob regarding a Program and your participation in it. ReferralMob may change, suspend or cancel a Program at any time without notice including but not limited to any points or rewards you may have accrued.
Registration. To participate in a Program and redeem rewards, you must register with the applicable Site/App. Only one account is permitted per person. To redeem and receive rewards, you may be required to provide your real name, phone number, mailing address, e-mail address, Social Security number for tax purposes and other information. ReferralMob reserves the right to verify this information and suspend any account with fraudulent or multiple registered accounts per person. You are responsible for keeping your personal information current.
Earning Rewards. You can earn rewards in a Program by participating in Activities. If you choose to participate and follow the instructions associated with the Activity, you will be awarded the points associated with completing that Activity. However, there may be limitations on Activities and rewards. For example, ReferralMob may at any point during a Program:
- change or limit your ability to participate in certain Activities,
- change or limit the allowable frequency of Activities,
- change or limit the reward amount associated with each Activity,
- change or limit the number of total points you can earn per time period, or
- change the activities and rewards that are available.
You must use the applicable Site/App to participate in Activities and earn points. You must not use any method to scan or transmit an artificial scan or to falsify your location in order to attempt to meet the requirements of the Activity. You must not use any "bot," simulator, macro, cheat code or other automated means of participating in Activities or a Program or to earn points or rewards. You may not use the program with any device that has been jailbroken, rooted, hacked, or otherwise do not have original equipment manufacturers' operating systems. You may not register or use more than one account for any reason such as to avoid restrictions or other limitations on Activities, points, rewards or a Program. ReferralMob reserves the right to withhold points and rewards and/or terminate the account of any user suspected of activities that violate this Agreement or are unlawful. Points or rewards are earned are only valid for redemption within a Program.
Redeeming Your Points for Rewards / Point Restrictions. Points that you have earned can be redeemed for rewards offered in a Program pursuant to its terms. However, if there is a particular reward offered that you would like to receive, you should redeem your points for that reward as soon as possible (once you have enough points) because supplies may be limited and the Program may be discontinued at any time in our sole discretion. Rewards are awarded on a first-come, first-served and while-supplies-last basis. In addition, your current balance of points and any rewards or potential rewards is subject to expire if, for a forty five (45) day period, you do not successfully complete an Activity or redeem points for a reward. You agree to sign an affidavit, release of liability, publicity release or similar agreement if requested by ReferralMob prior to receiving your reward. Rewards are provided "as is" with no warranty or guarantee, either express or implied (see "Disclaimer of Warranties" below). Points are not your personal property, and are not descendible, may not be inherited, bartered or sold to any third party. You are solely responsible for all federal, state and local taxes and any other costs or expenses of accepting and using the reward, unless ReferralMob specifically states otherwise in writing in connection with the reward. Some rewards may have age eligibility requirements. ReferralMob reserves the right to verify your eligibility qualifications prior to fulfilling a reward.
Delivery of Rewards. Rewards will be e-mailed to your e-mail address or mailed to your U.S. postal address, as applicable, that you provided when you registered for a Program or last updated your Program account. No rewards will be shipped to P.O. Boxes, APO (Army Post Office) or FPO (Fleet Post Office) addresses, or destinations outside the 50 United States or District of Columbia. E-mailed rewards are sent within approximately fourteen (14) days from the date your order is processed, unless the Site/App states a different schedule or the particular reward you ordered is limited in quantity, backordered, or out of stock. Rewards shipped via postal mail will be shipped within approximately eight (8) weeks from the date your order is processed, unless the Site/App states a different schedule. ReferralMob is not liable for any damages to, losses of or delays in any shipments. Rewards that are undeliverable for whatever reason (including because your Program account information is incorrect) will not be re-sent and are forfeited, and the points will not be refunded.
Third Party Trademarks. The names of individuals, groups, companies, products and services related to a Program and Program rewards are used for identification purposes only and may be protected by the intellectual property rights, such as trademarks and copyrights, of their respective owners. The mention of any individual, group or company, or the inclusion of a product or service within a Program or as a Program reward does not imply any association with or endorsement by such individual, group or company or the manufacturer or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
Sweepstakes, Contests and Promotions. Any sweepstakes, contests or other promotions (collectively, "Promotions") that may be offered by ReferralMob may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of Submissions, and disclosures about how your personal information may be used. It is your responsibility to read these rules to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein.
GOVERNING LAW: This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, United States of America, without regard to principles of conflicts of law.
GEOGRAPHIC RESTRICTIONS: ReferralMob Inc. is based in the Commonwealth of Massachusetts in the United States and provides ReferralMob for use only by persons located in the United States. We make no claim that ReferralMob or any of its content is accessible or appropriate outside of the United States. Access to ReferralMob may not be legal by certain persons or in certain countries. If you access ReferralMob from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
DISPUTES: Any action arising out of or relating to this Agreement or your use of ReferralMob must be commenced in the state or federal courts located in Suffolk County, Massachusetts, United States of America (and you consent to the jurisdiction of those courts). IN ANY SUCH ACTION, REFERRALMOB, INC. AND YOU IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY.
LIMITATION ON TIME TO FILE CLAIMS: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delay by ReferralMob, Inc. in exercising any right hereunder will waive any future exercise of that right. ReferralMob, Inc.’s rights and remedies hereunder are cumulative and not exclusive.
SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without ReferralMob, Inc.’s prior written consent. No third party shall have any rights hereunder
NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from ReferralMob, Inc. electronically. ReferralMob, Inc. may provide all such communications by email or by posting them on ReferralMob. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at info@ReferralMob.com or the following address:
283 Newbury Street
Boston, MA 02115
Nothing herein shall limit ReferralMob, Inc.’s right to object to subpoenas, claims, or other demands.
MODIFICATION; ENTIRE AGREEMENT:
This Agreement may not be modified except by a revised Terms of Service posted by ReferralMob, Inc. on the ReferralMob App or ReferralMob Website. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between ReferralMob, Inc. and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.