Welcome to Whistle, an online abuse detection and moderation platform operated by NetRef Safety, Inc. ("NetRef Safety," "we," "our," or "us") and accessible at www.netrefsafety.com and associated domains and mobile applications. This page explains the terms by which you may use Whistle and any related online services, software, or mobile applications provided by NetRef Safety (collectively, the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this "Agreement") and to the collection and use of your information as set forth in our Privacy Policy, whether or not you are a registered user of our Service. NetRef Safety reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service ("Users").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
NetRef Safety’s Whistle is an online abuse detection and moderation platform designed specifically for athletes and sports professionals. Whistle helps users identify, document, and respond to abusive, harassing, and harmful content directed at them through social media.
When you connect your social media account(s) to Whistle, the platform:
Whistle accesses your social media data only with your explicit authorization through the relevant platform’s official API (for example, the Instagram Graph API). You may revoke this authorization at any time.
Whistle serves multiple types of users. This Agreement applies to all of them, but your specific rights and responsibilities may vary depending on your role:
An individual Athlete is a person who creates a Whistle account to monitor their own social media presence. By connecting your social media account(s) to Whistle, you:
To use core features of Whistle, you must connect one or more social media accounts. By doing so, you provide explicit consent for NetRef Safety to access your data through that platform’s official API. The following specific terms apply to Instagram:
When you connect your Instagram account to Whistle, you explicitly authorize NetRef Safety to access your Instagram account data via the Instagram Graph API, as permitted by Meta Platforms, Inc. This authorization allows Whistle to:
This authorization is granted solely for the purpose of providing the Whistle service to you as described in Section 1. NetRef Safety does not use your Instagram data for advertising, does not sell it to third parties, and does not share it except as described in our Privacy Policy.
You may revoke Whistle’s access to your Instagram account at any time by disconnecting it within the Whistle platform settings, or directly through your Instagram account’s “Apps and Websites” settings. Revoking access will stop future data collection but will not automatically delete data already collected; see our Privacy Policy and Data Deletion Instructions for how to request deletion.
When you connect your X (formerly Twitter) account to Whistle, you explicitly authorize NetRef Safety to access your X account data via the X API, as permitted by X Corp. This authorization allows Whistle to:
This authorization is granted solely for the purpose of providing the Whistle service to you as described in Section 1. NetRef Safety does not use your X account data for advertising, does not sell it to third parties, and does not share it except as described in our Privacy Policy.
You may revoke Whistle's access to your X account at any time by disconnecting it within the Whistle platform settings, or directly through your X account's "Connected Apps" settings. Revoking access will stop future data collection but will not automatically delete data already collected; see our Privacy Policy and Data Deletion Instructions for how to request deletion.
For all connected social media platforms, you represent and warrant that:
This is a contract between you and NetRef Safety. You must read and agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with NetRef Safety, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. NetRef Safety reserves the right to terminate any account where the user is found to be under 18 and to delete associated data without notice or refund. The Service is not available to any Users previously removed from the Service by NetRef Safety.
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to access and use the Service as permitted by the features of the Service and your applicable subscription or commercial agreement with NetRef Safety. NetRef Safety reserves all rights not expressly granted herein in the Service and the NetRef Safety Content (as defined below). NetRef Safety may terminate this license at any time for any reason or no reason.
Individual Athletes access the Service for personal use in connection with their own professional or amateur athletic career. Teams, leagues, agencies, and other organizations access the Service pursuant to a separate commercial agreement with NetRef Safety.
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store the access tokens that service issues to us so we can provide the Service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your User Account. You must notify NetRef Safety immediately of any breach of security or unauthorized use of your User Account. NetRef Safety will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing NetRef Safety your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your settings page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the NetRef Safety servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service to harass, abuse, or harm others, or to facilitate harassment, abuse, or harm of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Whistle is designed to protect athletes from online abuse. We reserve the right to immediately suspend or terminate any User Account, without notice or liability, if we determine in our sole discretion that a User is:
Termination under this section does not entitle you to any refund of fees paid.
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. NetRef Safety shall have no liability for your interactions with other Users, or for any User’s action or inaction.
The Service is controlled and operated from facilities in the United States. NetRef Safety makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
Whistle is currently in beta. You acknowledge and agree that:
NetRef Safety will use reasonable efforts to notify you of significant changes during the beta period. Your continued use of the Service following such notice constitutes your acceptance of the changes.
WE CLAIM NO OWNERSHIP RIGHTS OVER USER CONTENT CREATED BY YOU OR OVER YOUR SOCIAL MEDIA CONTENT. YOUR CONTENT REMAINS YOURS.
For purposes of this Agreement, “User Content” means any information you submit directly to Whistle (such as profile information and account settings), and “Social Media Content” means the content collected from your connected social media accounts (including posts, comments, mentions, and account metadata) as described in Section 1.
By using Whistle and connecting your social media accounts, you grant NetRef Safety a limited, non-exclusive, non-transferable, non-sublicensable license to access, process, store, and analyze your User Content and Social Media Content solely for the following purposes:
This license does not permit NetRef Safety to use your content or likeness for advertising, marketing, or promotional purposes; to sell, license, or transfer your content to third parties (except to our data processors as described in our Privacy Policy); to use your Social Media Content to train, fine-tune, or improve any machine learning or artificial intelligence models; or to create derivative works of your content for any purpose other than providing the Service.
By connecting your social media accounts and using the Service, you represent and warrant that:
When you direct Whistle to take a moderation action (such as hiding or removing a comment), you acknowledge that: (i) the decision to take such action is yours; (ii) NetRef Safety acts only as an agent carrying out your instruction; and (iii) NetRef Safety is not liable for any consequences of moderation actions taken at your direction.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
We retain personal data for as long as it is needed to provide the Whistle service to you and for the purposes described in this policy. We delete or irreversibly anonymize it when it is no longer needed for those purposes, or when you ask us to delete it, except where we are required to keep it for longer.
In practice, this means:
When you close your account or ask us to delete your data, we will delete or irreversibly anonymize the personal data we hold about you within 30 days, except where we are required to retain specific information to comply with a legal obligation, or for the establishment, exercise, or defense of legal claims — for example, evidence you have already exported and submitted to a platform or law enforcement. We will tell you if such an exception applies to your request. For full details, see our Privacy Policy (https://www.netrefsafety.com/privacy) and Data Deletion Instructions (https://www.netrefsafety.com/data-deletion).
Except for your User Content and Social Media Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “NetRef Safety Content”), and all Intellectual Property Rights related thereto, are the exclusive property of NetRef Safety and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any NetRef Safety Content. Use of the NetRef Safety Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place NetRef Safety under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to our Pricing and Payment Terms, as we may update them from time to time. NetRef Safety may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion. Any change to our Pricing or Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement. You agree to pay any and all fees specified in an ordering document or online order for your access and use of our Service (“Ordering Document”).
Unless otherwise provided in an Ordering Document, any purchases for access and use of our Service are on an automatically renewing subscription basis. YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 9.3 OF THIS AGREEMENT. When you purchase our Service, you expressly acknowledge and agree that: (1) we are authorized to charge you at the beginning of each Subscription Term the fees identified in an Ordering Document, any applicable taxes, and any other charges you may incur in connection with your use of our Service, for as long as your subscription continues; and (2) your subscription is continuous until you cancel it or our Service is suspended, discontinued or terminated in accordance with this Agreement.
No Refunds. To cancel your User Account or the Service, you must notify us at least three (3) days before the start of the next Subscription Term using the appropriate functionalities of the Service or by contacting us at info@netrefsafety.com. You may cancel your User Account or the Service at your sole discretion; however, there are no refunds for cancellation, and you acknowledge and agree that you may not be refunded any fees for your cancellation of your User Account and the Services. In the event that we suspend or terminate your User Account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your User Account, or for anything else.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without notice or liability to you) suspend or temporarily disable all or part of your access to our Service.
Whistle is intended solely for users who are 18 years of age or older. NetRef Safety does not sell or provide access to the Service to anyone under the age of 18. If we become aware that a user is under 18, we will terminate that account immediately and delete associated data in accordance with our data retention policy. If you believe a minor has created a Whistle account, please notify us at info@netrefsafety.com.
The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
We care about the privacy of our Users. Our collection, use, and disclosure of your personal information, including your social media content, is governed by our Privacy Policy, which is incorporated into this Agreement by reference. By using the Service, you consent to the collection, use, and disclosure of your personal information as set forth in our Privacy Policy.
Key privacy commitments:
Our full Privacy Policy is available at https://www.netrefsafety.com/privacy. Our Data Deletion Instructions are available at https://www.netrefsafety.com/data-deletion.
NetRef Safety cares about the integrity and security of your personal information. NetRef Safety uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Since we respect artist and content owner rights, it is NetRef Safety’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify NetRef Safety’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to: Attn: DMCA Notice, NetRef Safety, Email: info@netrefsafety.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
NetRef Safety has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. NetRef Safety may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Service may contain links to third-party materials that are not owned or controlled by NetRef Safety. NetRef Safety does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and NetRef Safety’s Privacy Policy do not apply to your use of such sites. You expressly relieve NetRef Safety from any and all liability arising from your use of any third-party website, service, or content.
You agree to defend, indemnify and hold harmless NetRef Safety and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your User Account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETREF SAFETY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, NETREF SAFETY, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FURTHER, NETREF SAFETY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND NETREF SAFETY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NETREF SAFETY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL NETREF SAFETY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NETREF SAFETY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL NETREF SAFETY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO NETREF SAFETY HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF NETREF SAFETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which we retain the right to seek injunctive or other equitable relief.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM NETREF SAFETY. For any dispute with NetRef Safety, you agree to first contact us at info@netrefsafety.com and attempt to resolve the dispute with us informally. In the unlikely event that NetRef Safety has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and NetRef Safety agree otherwise. If you are using the Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND NETREF SAFETY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
We may make available software to access the Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. NetRef Safety does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. NetRef Safety hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and NetRef Safety, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and NetRef Safety acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software.
The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and NetRef Safety only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) NetRef Safety, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to NetRef Safety’s Google-Sourced Software.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NetRef Safety without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
NetRef Safety may provide notifications, whether such notifications are required by law or are for service, marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by NetRef Safety in our sole discretion. NetRef Safety reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. NetRef Safety may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
This Agreement, together with any amendments, the Privacy Policy, and any additional agreements you may enter into with NetRef Safety in connection with the Service (including any commercial ordering documents), shall constitute the entire agreement between you and NetRef Safety concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and NetRef Safety’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at info@netrefsafety.com with any questions regarding this Agreement. For privacy-related questions, contact privacy@netrefsafety.com.