Terms

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.

 

Definitions:

  1. Referral - A connection established between one individual and another through the use of a Referral Link.  ReferralMob supports app referrals, job referrals and company referrals.

  2. Referral Links - Attributed URLs which track the originator and intention of the Referral.

  3. Referrers - Users of ReferralMob who distribute Referral Links to other parties (i.e. friends, relatives, former co-workers).

  4. Candidates - Users of ReferralMob who apply to jobs through ReferralMob, be it directly or through a Referral Links

  5. Employer - Users of ReferralMob who post and manage job opportunities, establish company profiles and review candidates on ReferralMob

 

Referrers:

Referrers earn referral rewards when a Referral they have completed has resulted in a hire.  The referral reward amount is displayed at the time of creating the Referral Link and can be found on the user’s activity tab.

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.

 

Candidates:

Candidates earn hiring bonuses when they apply to a job opportunity exclusively on ReferralMob and commence work for such Employer within ninety (90) days of application.  The hiring bonus amount is displayed at the time of completing the job application and can be found on the user’s activity tab.

 

Referrers and Candidates:

If the hired Candidate remains at Employer for a minimum of 60 days, Referrers (if any) and Candidates will be issued rewards within 5 days of tenure requirement being met.

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.

 

Employers:

The Employer is obligated to electronically update either its (i) integrated applicant tracking system (“ATS”) or (ii) its employer portal, for each candidate as decisions are made. Employers shall notify ReferralMob of any hired candidates through its integrated ATS, its portal or by email to: support@referralmob.com.

  1. Payment Terms - For Employers that purchase our services, fees are specified on the order form at time of order — and must be paid monthly or annually in advance. Payment obligations are non-cancelable and fees paid are non-refundable.

  2. Term and Termination - As further described below, the subscription continues until terminated. Unless an order form says something different, all subscriptions automatically renew for additional periods equal to one (1) month or one (1) year depending on Employer’s preceding term. Either party can give the other notice of non-renewal at least thirty (30) days before the end of a subscription term to stop the subscriptions from automatically renewing.

  3. Confidential Information - Each party (“Disclosing Party”) may disclose “Confidential Information” to the other party (“Receiving Party”) in connection with the Agreement, which is anything that reasonably should be understood to be confidential given the nature of the information and the circumstances of its disclosure. If something is labeled “Confidential,” that’s a clear indicator to the Receiving Party that the material is confidential. Notwithstanding the above, Confidential Information does not include information that (a) is or becomes generally available to the public without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) is received from a third party without breach of any obligation owed to the Disclosing Party; or (d) was independently developed by the Receiving Party.

  4. Force Majeure - Neither ReferralMob, Inc. nor Employer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

 

Referrers, Candidates and Employers:

  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 ReferralMob. You agree to not violate any law or regulation, and you are responsible for such violations. ReferralMob, Inc. 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.

  3. Privacy - Your privacy rights are set forth in our Privacy Policy that is available on our site and incorporated herein and made a part of this Agreement. Please review the Privacy Policy.

  4. Registration - To use ReferralMob, Employers, Referrers and Candidates must register an account.  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.

    1. Referrers -  You acknowledge and agree that we may obtain and share your name, email and profile picture.

    2. Candidates - 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.

    3. Employers - You acknowledge and agree that we may obtain and share your name, email and phone number.

  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, Inc. 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, Inc. 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, Inc. 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 Pricing and Terms may be found here: http://referralmob.com/pricing. Pricing and Terms may be revised from time to time and such revisions shall be effective 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

    1. 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

    2. 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.

    3. 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.

    4. 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.

    5. 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.

  10. Indemnification - 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.

    DMCA Counter-notification - 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):
    ReferralMob, Inc.
    283 Newbury Street
    Boston, MA 02115
    Email: support@ReferralMob.com

    Other Complaints - You may send non-copyright complaints to:
    ReferralMob, Inc.
    283 Newbury Street
    Boston, MA 02115
    Email: support@ReferralMob.com

  12. Miscellaneous

    1. 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.

    2. 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.

    3. 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.

    4. 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.

    5. 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.

    6. 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

    7. 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, push notification 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 the following address:

      ReferralMob, Inc.
      283 Newbury Street
      Boston, MA 02115
      Email: support@ReferralMob.com

      Nothing herein shall limit ReferralMob, Inc.’s right to object to subpoenas, claims, or other demands.

    8. 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.