TERMS OF SERVICE
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 11) THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. ACCEPTANCE OF TERMS
These Terms of Service (the "Agreement") constitute a legally binding agreement between you (whether as a "Merchant" or a "Referrer") and Refer LLC, doing business as ReferToday ("ReferToday," "we," "us," or "our"), a Limited Liability Company organized under the laws of the State of Florida.
By registering for an account, accessing the Platform, or using our services, you expressly acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you are prohibited from using the Platform.
2. DEFINITIONS
- "Platform": The website, mobile application, and technology provided by Refer LLC.
- "Merchant": A business entity or individual that lists goods/services and receives referrals through the Platform.
- "Referrer" (or Local): An individual who shares links or refers customers to Merchants.
- "Referred Customer": A person who submits an inquiry, booking request, or purchase through a referral link or otherwise identifies a Referrer through the Platform.
- "Transaction": A completed sale or service agreement between a Merchant and a Referred Customer.
3. THE RELATIONSHIP (PLATFORM NATURE)
3.1. Venue Only. Refer LLC is strictly a technology venue. We connect Merchants with Referrers. We are not a party to any transaction between a Merchant and a Referred Customer.
3.2. No Endorsement. We do not guarantee the quality, safety, or legality of the services advertised by Merchants, nor do we guarantee the truth or accuracy of Referrers' marketing.
As a Referred Customer, you agree that the Platform may associate your inquiry, booking request, or resulting transaction with the applicable Referrer for referral tracking, verification, and dispute handling. Merchants remain solely responsible for the services they provide.
4. TERMS FOR REFERRERS (LOCALS)
4.1. Independent Contractor Status. You expressly agree that you are an independent contractor, not an employee, agent, joint venturer, or partner of Refer LLC.
- You have the sole right to control the manner, means, and methods of your referral activities.
- You are not entitled to minimum wage, overtime pay, health insurance, workers' compensation, or unemployment benefits from Refer LLC.
4.2. Marketing Guidelines & Anti-Spam. You agree to market Merchants responsibly. You are strictly prohibited from:
- Spamming: Violating the CAN-SPAM Act of 2003 or similar laws by sending unsolicited bulk emails or messages.
- Misrepresentation: Making false claims about a Merchant's product or service.
- Brand Infringement: Creating fake websites or social media profiles that impersonate the Merchant.
4.3. Transparency. You agree to be honest about your relationship with a business and not misrepresent your experience when sharing referrals.
5. TERMS FOR MERCHANTS (BUSINESSES)
5.1. Accurate Listings. You agree to keep your business information, services, and availability accurate and current.
5.2. Referral Updates. You agree to review incoming referrals promptly and report their status honestly.
5.3. Truthful Reporting & Audits. You agree to honestly report the status of all referrals. You shall not falsely mark a successful referral as "Rejected" or "Closed." Refer LLC reserves the right to review referral records if a dispute arises.
5.4. Non-Circumvention. You agree not to circumvent the Platform by soliciting Referrers identified through Refer LLC to work with you directly outside of the Platform for the purpose of bypassing referral tracking. This obligation survives for 24 months after your last interaction with the Referrer.
6. SERVICE AVAILABILITY
Referral sharing and tracking are provided through the Platform. Businesses and customers remain responsible for their own service agreements and transactions outside the Platform.
7. PROHIBITED CONDUCT
- Use the Platform for any illegal purpose.
- Use bots, scrapers, or automated systems to access the Platform.
- Harass, threaten, or defraud other users.
- Refer yourself (self-dealing) unless explicitly allowed by the Merchant.
8. DISCLAIMER OF WARRANTIES
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." REFER LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee that any referral will result in a completed transaction.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY FLORIDA LAW, REFER LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR BUSINESS OPPORTUNITIES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE PLATFORM SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
10. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Refer LLC, its officers, directors, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising out of:
- Your use of the Platform;
- Your violation of these Terms;
- For Referrers: Your marketing activities, including violations of the CAN-SPAM Act or FTC Guidelines;
- For Merchants: Disputes regarding your products or services.
11. DISPUTE RESOLUTION (FLORIDA LAW)
11.1. Governing Law. These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law principles.
11.2. Arbitration. Any dispute arising out of or relating to this Agreement shall be finally settled by binding arbitration in [Insert Your County, e.g., Miami-Dade County], Florida, under the rules of the American Arbitration Association.
11.3. Class Action Waiver. YOU AND REFER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
12. TERMINATION
Refer LLC may terminate or suspend your account at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will immediately cease.
13. CONTACT INFORMATION
If you have questions about these Terms, please contact us at: Refer LLC founder@refertoday.io or reach out via our contact page.