KC Referral Network LLC is a advertising and marketing company and NOT a per referral fee company. KC Referral Network, LLC allows consumers of KC Referral Network (collectively, the “Consumers”) to refer, provide private reviews and feedback on a variety of service contractors, health related professionals, legal and financial services and various companies (collectively, “Service Providers”) with whom they have had first hand experiences. Service Providers due not compensate KC Referral Network for any referral. On behalf, and as representative, of a Service Provider (“You” or “Company”), you are permitted to use the website (www.kcreferralnetwork.com) (the “Website”) and marketing services subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by KC Referral Network from time to time at KC Referral Network sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of your relationship with KC Referral Network beyond Your use of the Website, as described herein.
In consideration of KC Referral Network granting the Company access to its Website and the information contained therein, and in order to use the Website, you must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
Terms and Conditions
Consumers may submit a referral, non public reviews or privately report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first hand experience, whether or not work was started, performed, or completed. The reviews and other information will only be shared with the company itself and not the public. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to KC Referral Network and the Website is to utilize the Services (as defined below) which are available online at the Website.
By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s. By agreeing to the Terms and Conditions of this Agreement, KC Referral Network grants the Company a limited license to access and use the Website and the Services. KC Referral Network does not endorse and is not responsible or liable for any Consumer Content, data, advertising, products, goods or services available or unavailable from, or through, KC Referral Network.
The Company acknowledges and understands that KC Referral Network simply acts as a passive conduit and an interactive computer provider for the publication and distribution of customer referred companies. The advertising, special offers, and other related information is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information published on the website, print media, radio, or there related services.
Under no circumstances will KC Referral Network be liable in any way for any Consumer Content including, but not limited to, any Consumer Content or advertising material that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or accessed, transmitted or otherwise conveyed via the Services or otherwise.
The Company hereby waives any claims, rights or actions that it may have against KC Referral Network or any of its affiliates or subsidiaries with respect to any Consumer Content or and releases by KC Referral Network and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or advertising material.
The Company agrees to indemnify and hold KC Referral Network and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against KC Referral Network with respect to any statements made by Consumer Content or advertising material which is communicated, posted or published by KC Referral Network on its Website, print media, radio, or to a third party.
The Company acknowledges and agrees that the Company can neither require KC Referral Network to place the Company on its Website nor remove the Company or any content from KC Referral Network. KC Referral Network may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.
The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information. The Company hereby represents and warrants to KC Referral Network that (a) all information provided to KC Referral Network by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to KC Referral Network. KC Referral Network is authorized by the Company to rely upon the truthfulness, completeness and accuracy of its content in order to serve its Consumers.
KC Referral Network reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) advertising privileges, (b) use of the Services, or (c) appearances on the Website and/or any other appearances in any KC Referral Network publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.
THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT KC REFERRAL NETWORK WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES
This Agreement and the relationship between the Company and KC Referral Network will be governed by the internal laws of the State of Kansas, notwithstanding the choice of law provisions or conflict of law analysis of the venue where any action is brought, where the violation occurred, where the Company may be located or any other jurisdiction. The Company agrees to the exclusive jurisdiction of the state or federal courts located in Overland Park, Kansas and waives any defense of lack of personal jurisdiction or improper venue or forum to a claim brought in such court, except that KC Referral Network may elect, in its sole discretion, to litigate the action in the county or state where any breach by the Company occurred or where the Company can be found. The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
The Company agrees to indemnify and hold KC Referral Network and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of KC Referral Network.
KC Referral Network may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. KC Referral Network will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.
The Company agrees that KC Referral Network shall be entitled to payment from the Company for any and all out-of-pocket costs, including, without limitation, attorneys’ fees, incurred by KC Referral Network in connection with enforcing these Terms and Conditions and this Agreement or otherwise.
The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. KC Referral Network is not responsible for any delays, failures or other damage resulting from such problems.
The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
