Effective as of November 8th of 2022
This states the ‘Terms of Use’ on which referbility.com allows you to access and use referbility.com. By using referbility.com, you (‘(the) User’) accept and agree to the Terms of Use, as well as other policies and terms published by and available on referbility.com. ‘User’ refers to any and all individuals and/or entities accessing referbility.com.
Please read these Terms of Use carefully. If you do not accept the Terms of Use and other policies and terms published on referbility.com, do not access or use referbility.com and the services provided by referbility.com.
referbility.com reserves the right to make changes to the Terms of Use at any time through updating this web page. Any such changes shall be communicated by electronic mail to registered users at least 1 (one) month before changes come into effect. Users shall visit this page periodically to be aware of any changes to the Terms of Use or other policies governing your usage and/or access to referbility.com.
These Terms of Use are effective immediately and supersede any previous Terms of Use. The final interpretation of Terms of Use remains with referbility.com.
To access and use referbility.com, you must
(1) have reached the legal age of majority in your jurisdiction;
(2) be fully able and competent to understand and agree to the Terms of Use;
(3) be in compliance with all laws and regulations in the jurisdiction in which you are located when you register for, use and/or access referbility.com, and;
(4) have the power and authority to enter into these Terms of Use.
If you are using referbility.com on behalf of a third party, including, but not limited to, a business or commercial entity, you warrant that you are authorized to do so and have the authority to represent and bind that third party to the Terms of Use.
You warrant that you will use referbility.com in a manner consistent with any and all applicable laws and regulations of the United States and the jurisdiction from which you are accessing referbility.com.
You must not use referbility.com if we have terminated your account or banned you.
referbility.com is intended for the following users and their respective use of referbility.com:
(1) Referrers who introduce others who seek for employment opportunities to employers who posted jobs on referbility.com.
(2) Employers who seek candidates for employment through posting jobs, receiving referrals, managing placement guarantees, and accessing CVs on referbility.com.
(3) Candidates who are being referred to an Employer’s job post through a Referrer.
License to Use by Users
referbility.com hereby grants you a limited, terminable, non-exclusive right to use referbility.com to introduce third party individuals to jobs on referbility.com.
This license authorizes you to view and download a single copy of the material on referbility.com for the sole purpose of introducing third party individuals to jobs posted on referbility.com.
referbility.com reserves the right to suspend or terminate your access and use of referbility.com at any time if, at the sole discretion of referbility.com, you have been found to be in breach these Terms of Use.
You agree to, represent and warrant that you will use referbility.com solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including, but not limited to, contractual obligations) you may have towards referbility.com and any third parties, including, but not limited to, government regulations and laws within your respective jurisdiction. You are solely responsible for any and all Content that is posted through your account on referbility.com ("(Your) Content"). You understand that you may expose yourself to liability if Your Content or other use of referbility.com violates applicable law or any third-party right.
You agree that you will not:
· Impersonate another person, or his or her email address, or misrepresent your current or former affiliation and or transaction with a company;
· Create user accounts under false or fraudulent pretenses; create or use an account for anyone other than yourself; or create multiple user accounts;
· Post Content that you do not own or have the right to post in accordance with the license set forth in these Terms or, in case you represent a commercial entity, are not authorized to post;
· Violate these Terms, the terms of your agreements with us, explicit restrictions set forth in our Community Guidelines, or any applicable law, rule or regulation (and as determined by referbility.com);
· Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
· Act in a manner that is threatening, racist or bigoted, or is otherwise objectionable (as determined by referbility.com);
· Promote, endorse or further illegal activities;
· Disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party;
· Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third party;
· Post anything that does not comply with the applicable laws or regulations of the country of the United States and/or the jurisdiction from which you are accessing referbility.com;
· Solicit personally identifying information from minors;
· Except as expressly approved by us, use referbility.com for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation;
· Imply a referbility.com endorsement or partnership of any kind without our express written permission;
· Send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
· Introduce software or automated agents to referbility.com, or access referbility.com so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from referbility.com without our express written permission;
· “Frame” or “mirror” or otherwise incorporate part of referbility.com into any website, or “deep-link” to any portion of referbility.com without our express written permission.
· Copy, modify or create derivative works of referbility.com (including referbility.com Content) without our express written permission;
· Copy or use the information, content, or data on referbility.com in connection with a competitive service (as determined by referbility.com);
· Sell, resell, rent, lease, loan, trade or otherwise monetize access to referbility.com or any referbility.com Content without our express written permission;
· Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of referbility.com;
· Interfere with, disrupt, or create an undue burden on referbility.com or the networks or services connected to referbility.com;
· Introduce any viruses, trojans, worms, time bombs, cancelbots, corrupted files, or similar software to referbility.com;
· Attempt to circumvent any security feature of referbility.com; or
· Expose referbility.com or referbility.com’s users to any harm or liability.
You hereby agree to notify referbility.com immediately of any unauthorized access or use of your account and/or in case you notice any breaches of these terms and conditions.
Other Enforcement Actions. While referbility.com has no obligation to do so, referbility.com reserves the right to investigate and take appropriate action in its sole discretion against you if you violate these Terms, including without limitation: removing Content from referbility.com (or modifying it); suspending your rights to use referbility.com; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.
We do not claim ownership in any Content that you submit to referbility.com, but to be able to legally provide referbility.com to our users, we have to have certain rights to use such Content in connection with referbility.com, as set forth below. By submitting any Content to referbility.com, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicenses) to use, copy, perform, display, create derivative works of, adapt and distribute such Content in any and all media (now known or later developed) throughout the world. To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to referbility.com's exercise of the foregoing license. No compensation will be paid with respect to the Content that you post through referbility.com. You should only submit Content to referbility.com that you are comfortable sharing with others under the terms and conditions of these Terms.
As Referrer, you are introducing third party individuals (Candidates) to Employers. The following Terms are applicable to such process:
(1) You may not use referbility.com for any non-intended use as specified in these Terms of Use.
(2) You may not refer any individuals who have not consented to such referral.
(3) You may not falsify any information about the individual(s) you are referring. All information provided may only be provided as per the best of your knowledge and be of an existing person.
(4) You may not refer yourself.
(5) You may not refer the same individual multiple times for the same job.
(6) You assume full warranty, liability, and responsibility regarding the truthfulness and accuracy of information provided through you about the referred individual. When referring, all information you provide about a referral is as truthful and accurate as to the best of your knowledge.
(7) You assume full warranty, liability, and responsibility regarding your referred Candidate’s consent of being referred to the respective Employer's Job and to have the referred Candidate’s profile and CV added to referbility.com’s CV database accessible by Employers and referbility.com.
(8) You acknowledge and agree to referbility.com, at its own and sole discretion, referring Candidates whom you previously referred on referbility.com to Jobs posted on referbility.com (excluding the original job that you have referred the individual to). In the case of such a referral being successful, referbility.com shall be entitled to 100% (one hundred percent) of the Reward specified by the Employer.
(9) (9) You warrant that by registering and maintaining an account on referbility.com and/or by referring individuals to jobs posted on referbility.com, you are not in breach of any terms and conditions, whether express or implied, or any other obligations binding upon you. In the case of you breaching any such terms, conditions or obligations, you assume sole & full liability and you indemnify referbility.com from any damages arising from your use of referbility.com.
Your eligibility is subject to the following: conditions:
(1) You may only be eligible for the financial Reward if the profile of an Candidate which you have introduced in compliance to the Terms of Use to an Employer to a job posted by the Employer on referbility.com if the Employer a) is introduced to the referred individual through referbility.com and has not previously known the individual, whereas the proof of such knowledge is at the sole discretion of the Employer and/or referbility.com; b) has hired the Candidate; c) funded the Candidate’s respective Placement Guarantee and retained the Candidate for 3 (three) calendar months from the date the Candidate joined the Employer; d) has settled all applicable dues towards referbility.com in conjunction with hiring the referred individualCandidate at the expiry of the 3-month Placement Guarantee, and e) has hired the Candidate within 90 (ninety) days from the date the Candidate accepted your Referral...
(2) referbility.com is entitled to a Commission for every successful referral that you make. The Commission ranges between 40% (forty percent) to 60% (sixty percent) of the total Reward the Employer allocated to the job and is based on the referral method that you choose.referbility.com’s Commission is already deducted from the Job’s Reward that is displayed at the time of the Referral.
(3) Notwithstanding other actions, you forfeit any rights to financial Rewards incase of referbility.com or an Employer raising a complaint as to a possible breach of these Terms of Use from your side, and/or referbility.com initiating an investigation about a possible breach of these Terms of Use from your side and the subsequent investigation confirming such breach. Any due Rewards shall be retained by referbility.com until such investigation comes to a conclusion.
(4) Introduced profiles are only eligible for you to obtain the financial within 90 calendar days of the date a Candidate accepted your Referral. Your eligibility expires after the lapse of 90 calendar days.
(5) Financial Rewards are credited into your referbility.com account, from which you have to request encashment through wire transfer or direct remittance through the providers approved by referbility.com. Credited financial Rewards that are not encashed within 1 calendar year of being credited are forfeited by you.
(6) Financial Rewards may only be encashed to an bank account in your name. Referbility.com will not provide any services, products, or payments to sanctioned countries, individuals and/or entities in accordance with the law of the United States or other international bodies.
(7) All charges of third parties due to the process of encashment, as well as a charge of $10 (ten United States Dollars) per encashment transaction and which will be deducted from the encashable Reward, have to be borne by you. If such charges exceed the amount requested to be encashed, you may not proceed with requesting encashment.
As Employer, you post & management Jobs, receive & manage Candidates, and manage Placement Guarantees and other content that you post on referbility.com. The following Terms apply:
(1) You may not use referbility.com for any non-intended use as specified in these Terms of Use.
(2) You may only post real, existing jobs as per your organization’s requirements.
(3) Your job posts may not include URLs or links to other websites, specifically, but not limited to, other websites or microsites containing an option for individuals to directly apply to the Job you posted (cross posting).
(4) Your job posts must not include copyrighted material unless you have the express authorization of the copyright owner for publishing such material.
(5) Your job posts must not include content that contain trade secrets.
(6) Your job posts must not include content that is discriminating, harassing, abusive, hateful, defamatory, libelous, obscene or sexually explicit.
(7) Your job posts must not include content that violates the laws of the United States and the jurisdiction in which you are based and/or accessing referbility.com from or reasonably accepted and applied best practice.
(8) Your job posts must not include advertisements, solicitations of business, or requests towards the user to contact you for further information.
(9) Your job posts must not include opinions or notices, regardless of whether such content is commercial or not.
(10) You must be authorized by your organization to post jobs, allocate Rewards to job postings, and manage funds for interacting with profiles of individuals that have been referred to your job postings.
(11) You must not charge users to refer individuals to your job posts.
(12) You consent to and authorize referbility.com using your organization’s name and logo for marketing and advertising purposes by referbility.com (specifically, but not limited to, the use of your organization’s name and logo in referbility.com’s website, flyers, banners, brochures, digital & print information material, social media, blog posts, press releases, and other comparable advertising material. referbility.com shall refrain from utilizing any reasonably deemed sensitive information for such purposes).
(13) If you hire or professionally engage (regardless of the nature and conditions of such engagement) a Candidate who has been referred to a job you posted on referbility.com within 12 calendar months of the date of Referral, and whom you did not know at the time of the referral (and for whom you have indicated such knowledge within 7 calendar days from the date of the Referral), you are liable to pay referbility.com the indicated Reward for the Job that the Candidate has been referred to within 7 calendar days from the date of hiring or engaging the Candidate (already made and applicable down payments are excluded from such payment). This also applies you hire the Candidate for a position that is different from the Job the Candidate has been referred to.
(14) Depending on the type of Job that you post, we may require a fee for posting the Job and/or a minimum down payment of the Reward you chose in order to activate the Job. Down payments and payments for additional features are not refundable. At the time a referred Candidate accepts a job offer, the remainder of the Reward is invoiced, with such invoice having payment terms of 7 calendar days. Not abiding to the payment terms of invoices will result in Placement Guarantee(s) for the applicable Candidate to be automatically forfeited.
(15) You shall notify referbility.com within 2 calendar days of any communication that you have with a referred Candidate that has not been already known by you as per clause 4. (13) of these Terms.
referbility.com reserves the right to edit and/or delete any jobs posted at the discretion of referbility.com and only if no escrow(s) has/have been funded for individual(s) referred for such job post(s) (except in cases in which a job post is violating the Terms of Use).
Refunds
As Employer, you can purchase access to different services on referbility.com through funding your referbility.com account. The sale, price, condition, and services that funds unlock and provide access to are solely at the discretion of referbility.com and are subject to change without notice.
The following, among others, shall be applicable to the purchase, payment, refund, and cancellation of funding your account on referbility.com:
(1) All prices are in US dollars.
(2) All amounts payable to obtain and use referbility.com’s services must be received in full prior to the respective funds being added to the User’s referbility.com account and to commencement of the Service. referbility.com accepts bank transfer of funds. The User shall be responsible for payment of any current or future sale, use, excise or other taxes applicable to the purchased services
(3) referbility.com does not offer refunds of down payments to post Jobs or for payments of additional features while posting Jobs. Funds, apart from down payments and payments for additional features while posting Jobs that have been received for funding Placement Guarantees will be credited to your dashboard in case of justified terminated Placement Guarantees, from where you can use them for other Candidates and/or Jobs within 1 (one) calendar year.
As candidate, you are being referred to Jobs posted by Employers through Referrers. The following terms are applicable:
Because we do not control such Content, you understand and agree that:
(1) You may not use referbility.com for any non-intended use as specified in these Terms of Use;
(2) You may not falsify any information about yourself. All information provided may only be provided as per the best of your knowledge and be of an existing person;
(3) You may not refer yourself.
(4) You may not accept referrals for the same job multiple times;
(5) You assume full warranty, liability, and responsibility regarding the truthfulness and accuracy of information provided through you about yourself. All information you provide about yourself is as truthful and accurate as to the best of your knowledge.
(6) You provide full warranty, liability, and responsibility regarding your consent of being referred to the respective Employer’s Job and to have your profile and CV added to referbility.com’s CV database accessible by Employers and referbility.com.
(7) You warrant that by accepting a Referral, you are not in breach of any terms and conditions, whether express or implied, or any other obligations binding upon you. In the case of you breaching any such terms, conditions or obligations, you assume sole & full liability and you indemnify referbility.com from any damages arising from your use of referbility.com.
referbility.com deletes all data that has been provided about you if you do not accept a Referral within 72 hours. If you would like to delete your data after consenting to a Referral, you may use the “Delete Your Profile” function located in the footer of referbility.com’s home page.
Content from other users, advertisers, and other third parties is made available to you through referbility.com. ("Content") means any work of authorship or information, including company photos, company jobs, company profile information, advertisements, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, data or other materials you find on referbility.com.
Because we do not control such Content, you understand and agree that:
(1) referbility.com is not responsible for, and does not endorse, any such Content, including advertising and information about third-party products and services, job ads, or the information provided anonymously by other users;
(2) referbility.com makes no guarantees about the accuracy, currency, suitability, reliability or quality of the information in such Content;
(3) referbility.com assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by users, advertisers, and third parties;
(4) referbility.com is not a "Referral Service". The jobs posted by Employers and published on referbility.com are provided to the public free of charge and are for informational purposes only. referbility.com does not endorse or recommend any companies, nor does referbility.com make any warranty as to the qualifications or competency of any such entity.
In accordance with Section 230 of the U.S. Communications Decency Act, and any equivalent or similar laws in other jurisdictions which are intended to exclude or limit the liability of online service providers who provide access to user-generated content, we generally cannot be held liable for claims arising from the Content provided or hosted by third parties on referbility.com.
The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited.
You are solely responsible for your interactions with referbility.com and respective users of referbility.com. referbility.com is not responsible for the activities, omissions, or other conduct, whether online or offline, of any user of referbility.com. We are not responsible for any incorrect, inaccurate, or unlawful content (including any information in profiles) posted on referbility.com.com, whether caused by users or by any of the equipment or programming associated with or utilized in referbility.com. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with referbility.com or respective users of referbility.com. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or on referbility.com or combination thereof, including any injury or damage to users or to any person's device(s) related to or resulting from accessing, participation or downloading materials in connection with referbility.com. Under no circumstances shall we be responsible for any loss or damage resulting from use of referbility.com or from any Content posted on referbibility.com or transmitted to users, or any interactions between users of referbility.com, whether online or offline.
referbility.com is provided "as-is" and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) referbility.com will meet your requirements; (2) referbility.com will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of referbility.com will be accurate or reliable.
referbility.com makes no representations or guarantees the effectiveness or timeliness of referbility.com in meeting the employment objectives of Users. referbility.com makes no representations or guarantees the effectiveness or timeliness of referbility.com in securing employment of Users. referbility.com is not liable or responsible for any employment decisions made, for whatever reason, by Users.
You hereby release referbility.com and its representatives and stakeholders as defined above from any and all claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from: (1) any interactions with other users of referbility.com, or (2) your participation in any of our offline events.
IN NO EVENT SHALL REFERBILITY.COM OR ITS REPRESENTATIVES AND STAKEHOLDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF REFERBILITY.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WHERE PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REFERBILITY.COM’s LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF REFERBILITY.COM (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY United States DIRHAMS (AED 50/-).
These Terms of Use remain in effect while you access and use referbility.com, as long as your profile, by way of introduction as a candidate, is stored on referbility.com, and, for registered users, as long as your account remains active and open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of referbility.com without notice if we believe that you have violated these Terms of Use or as per referbility.com’s discretion. All provisions of these Terms of Use shall survive termination or expiration of these Terms of Use except those granting access to or use of referbility.com. We will have no liability whatsoever to you for any termination of your account or related deletion of your information.
We may revise these Terms of Use from time to time by posting an updated version on referbility.com. Your continued use of referbility.com is subject to the most current effective version of these Terms of Use. You should visit these Terms of Use regularly to review, if any, changes and revisions, as they are binding on you.
Users are responsible for maintaining the confidentiality of their account details, including usernames and passwords. Users are responsible for all uses and activities that occur under their respective accounts, regardless of whether such activities have been authorized by the User. Users shall immediately inform referbility.com of any (suspected) unauthorized use of the User’s account. referbility.com will not be liable for any loss or damage arising from loss or unauthorized use of User accounts.
Except if specifically stated in another agreement between referbility.com and you (or, in case of Employers, a signed Agreement between referbility.com and your corporate entity), these Terms of Use constitute the entire agreement between referbility.com and you and supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms of Use.
You represent and warrant that no person has made any promise, representation, or warranty, whether express or implied, not contained herein to induce you to accept these Terms of Use.
referbility.com’s failure to exercise or enforce any right or provision of these Terms of use shall not operate as a waiver of such right or provision.
If any provision of these Terms of Use is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable.
To the extent allowed by law, the English version of these Terms of Use is binding and the translations are provided for convenience only.
These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with referbility.com’s prior written consent, but may be assigned or transferred by referbility.com without restriction. Any attempted assignment by you shall violate these Terms of Use and be void.
The section titles in the Terms of Use are for convenience only and have no legal or contractual effect; as used in the Terms of Use, the word "including" means "including but not limited to."
These Terms of Use and your use of referbility.com shall be governed by the laws of the state of Wyoming, and all matters, claims, disputes, or other legal proceedings by or between you and referbility.com arising under these Terms of Use or your access and/or use of referbility.com shall, except as set forth below, be instituted exclusively in the federal courts of the United States of America or the State of Wyoming, without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. referbility.com retains the right to bring any suit, action, proceeding, or matter against you for the breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over by such courts and to the venue in such courts.
If you are subject to the US Federal Arbitration act, including, but not limited to, if being a resident of the United States of America, you and referbility.com agree that any and all disputes, claims, and contentious matters that may arise or have arisen between you and referbility.com shall be resolved exclusively and solely through final and binding arbitration, except that you may assert claims in small claims court shall your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Our arbitration proceedings will be conducted by the American Arbitration Association (“AAA”) under the rules and procedures applicable through AAA at that time, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (to the extent applicable), as modified by these Terms of Use. You can find the latest versions of those roles and procedures on the website of AAA. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is US$10,000 or less, either of us may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on us subject to the arbitrator’s discretion to require an in-person hearing. Attendance at an in-person hearing may be made by telephone by you and/or us, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of Wyoming, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different referbility.com users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties, except for a limited right of appeal under the Federal Arbitration Act.
The AAA rules will govern the payment of all filing, administration and arbitrator fees, unless these Terms of Use expressly provides otherwise. If the amount of any claim in an arbitration is US$10,000 or less, referbility.com will pay all filing, administration and arbitrator fees associated with the arbitration, so long as (i) you make a written request for such payment of fees and submit it to the AAA with your Demand for Arbitration and (ii) your claim is not determined by the arbitrator to be frivolous. In such case, we will make arrangements to pay all necessary fees directly to the AAA. If the amount of the claim exceeds US$10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, referbility.com will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse referbility.com for all fees associated with the arbitration paid by referbility.com on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
YOU AND REFERBILITY.COM AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER REFERBILITY.COM USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this section is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then the entire agreement to arbitrate shall be null and void but the remainder of these Terms of Use and its “Jurisdiction and Arbitration” Section will continue to apply.