Terms and Conditions REFERRALBASE.COM USER AGREEMENT (Version 1.0) Welcome to the ReferralBase.com Web Site (the "Site"). ReferralBase.com, Inc. provides you access and use of this Site and the ReferralBase.com ReferralBase Manager (“the Manager”) subject to your compliance with the terms and conditions set forth below, including all documents, policies and guidelines incorporated herein (the "Agreement"). PLEASE READ THIS AGREEMENT CAREFULLY. WHEN ACCESSING, browsing, using this Site or the Manager, you agree to be bound by the terms and conditions described herein and all documents, policies and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with ReferralBase.com. ReferralBase.com reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Site and change the version number accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Site as revised, and your access to and use of the Site following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised. RELATED POLICIES Privacy Policy. ReferralBase.com believes strongly in protecting user privacy and providing you notice of ReferralBase.com’s collection and use of data, including personally identifying information, collected from the Site. Personal information will be collected from you when you subscribe to this Site and will only be used for ReferralBase.com’s own administrative and billing services. Information about you will be disclosed to “PayPal,” ReferralBase.com’s billing service, only to the extent necessary to collect your subscriptions to ReferralBase.com. Your personal information will be safeguarded on the ReferralBase.com secure server and no disclosure of any personal information (other than the disclosure to “PayPal”) about you, or about your prospects, customers and referral partners will be made by ReferralBase.com to any third party. LICENSE AND SITE ACCESS ReferralBase.com grants you a limited license to access and make personal use only of the Site, to include distribution of the LeadE-Lerts, LoanE-Lerts, ReferE-lerts, SpecialE-Lerts, the Money and & Marketing and the My Mortgage Matters on-line newsletters to your prospects, customers and referral partners. Any other copying, redistribution, retransmission or publication of any material from the Site or the Manager, or other downloaded material is strictly prohibited without the express written consent of ReferralBase.com. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein (except as provided above to your own prospects, customers and referral partners; (b) the collection and use of any product or service listings or descriptions; (c) making derivative uses of the Site, the Manager and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, patent pending, trademark, copyright, or proprietary right or other intellectual property of ReferralBase.com. You may not use, frame or utilize framing techniques to enclose any ReferralBase.com trademark, logo or other proprietary information (including the images found at this Site, the Manager, the content of any text or the layout/design of any page or form contained on a page) without ReferralBase.com ‘s express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a ReferralBase.com name, trademark, or product name without ReferralBase.com’s express written consent. If you use any part of the Site or the Manager that requires a user name or password, then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account or password areis compromised in any manner, you should notify ReferralBase.com immediately. ReferralBase.com reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, ReferralBase.com may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall ReferralBase.com be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of ReferralBase.com under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. Any unauthorized use of this Site or the Manager will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law. COPYRIGHT All content, copyrighted and copyrightable materials on this Site and the Manager, including, without limitation, the ReferralBase.com logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright ©  2002 ReferralBase.com and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ReferralBase.com or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal use only, as stated herein; provided that, you may not, without the permission of ReferralBase.com or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials. COPYRIGHT COMPLAINTS ReferralBase.com respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide ReferralBase.com the following written information: * An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; * A description of the copyrighted work that you claim has been infringed upon; * A description of where the material that you claim is infringing is located on the Site; * Your address, telephone number, and e-mail address; * A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ReferralBase.com for notice of claims of copyright infringement on this Site can be reached as follows: ReferralBase.com, 2027 Woodbrook Court, Charlottesville, Virginia 22901. Attn: Simon J. Stapleton TRADEMARKS AND SERVICE MARKS “REFERRALBASE” is or will be a registered trademark of ReferralBase.com; this trademark and all other logos, designs, text, graphics, pictures, sound files and other files, and the selection and arrangement thereof ("Materials") are copyrighted or copyrightable and may not be copied, imitated or used, in whole or in part, without the prior written permission of ReferralBase.com or its licensors. In addition, all page headers, ReferralBase.com custom graphics, button icons, and scripts may not be copied, imitated, or used, in whole or in part, without the prior written permission of ReferralBase.com. ReferralBase.com trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ReferralBase.com. “ReferralBase.com” and all other marks and logos, and the ReferralBase.com products and services described on this Site, and the Manager, are either trademarks, service marks or registered trademarks of ReferralBase.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ReferralBase.com. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ReferralBase.com. OPERATING AND ACCEPTABLE USE POLICIES All access to and use of the services available on the Site, or the Manager, is governed by and subject to the following operating and acceptable use policies. ReferralBase.com has the right, but not the obligation, to suspend or terminate your access and use of the Site and related services at any time, and block or remove any communications and materials that ReferralBase.com believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. By using the Site, you agree not to do any of the following: * Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties; * Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; * Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. Infringement may result from the unauthorized copying and posting or distributing pictures, logos, software, articles, music, or videos. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; * Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity or interfere with other users of the Site. Unless you are participating in an area of the Site that requires or allows anonymity, use your real name in online communications; * Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," or offering or disseminating fraudulent goods, services, schemes or promotions; * Without ReferralBase.com’s prior written permission, publish or upload any unsolicited promotions, goods or services, commercial solicitation or post or transmit any advertising, promotional materials or any other solicitation to any person other than an existing prospect, customer or referral partner who has given you permission to his or her e-mail address for that purpose; * Post or list articles which are off-topic in that they do not relate to mortgage origination or a directly related topic; or send unsolicited mass emailings to 10 people or more if such e-mail could reasonably be expected to provoke complaints from its recipients; and/or * Disseminating or hosting harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots,or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information; ReferralBase.com takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, ReferralBase.com is only a forum and is not liable for any statements, representations, or Content provided by its users in any e-mails or other form of electronic communication disseminated by its users. Enforcement. ReferralBase.com reserves the right but does not assume the obligation to strictly enforce this Agreement including without limitation by issuing warnings, suspension or termination of service, and/or removal, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. ReferralBase.com may access, use and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A REFERRALBASE.COM SUBSCRIBER OR CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH SUBSCRIBER OR CUSTOMER. Responsibility for Your Conduct. You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless ReferralBase.com from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party. THIRD-PARTY PRODUCTS AND SERVICES Parties other than ReferralBase.com offer and provide products and services on or through the Site, including, but not limited to, the “PayPal” subscription service. ReferralBase.com does not operate or endorse any information, products or services provided by said third parties. ReferralBase.com is not responsible for examining or evaluating, and ReferralBase.com does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ReferralBase.com does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. PRODUCT AND SERVICE DESCRIPTIONS AND PRICING ReferralBase.com and third parties offering information, products or services on the Site attempt to be as accurate as possible. However, ReferralBase.com does not warrant that information, product and service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Site may be mispriced or contain an inaccuracy in its description. In the event ReferralBase.com determines that a product or service is mispriced or contains an inaccurate description, ReferralBase.com reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your subscription. You agree to notify ReferralBase.com immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site and comply with any corrective action taken by ReferralBase.com. LINKING Links to the Site. You are granted a limited, nonexclusive right to create a hypertext link to the home page of the Site provided such link does not portray ReferralBase.com or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a ReferralBase.com logo or other proprietary graphic or trademark of ReferralBase.com to link to this Site without the express written permission of ReferralBase.com. This limited right may be revoked at any time. Third-Party Links. ReferralBase.com makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites or services accessible by hyperlink from this Site, or third-party Web sites linking to this Site. Such linked Web sites are not under the control of ReferralBase.com and ReferralBase.com is not responsible for the content of any such linked Web site or any link contained in a linked Web site, or any review, changes or updates to such Web sites. ReferralBase.com is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by ReferralBase.com of the Web site or any information contained therein. When leaving the ReferralBase.comSite, you should be aware that ReferralBase.com terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that Web site. SUBMISSIONS You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to ReferralBase.com, or postings to or on the Site, are non-confidential (provided that personal information provided on non-public areas of the Site is subject to ReferralBase.com’s Privacy Policy), you grant ReferralBase.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in ReferralBase.com’s sole discretion and without compensation to you. You agree that you shall have no recourse against ReferralBase.com for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to ReferralBase.com, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify ReferralBase.com for all claims resulting from material you supply. FINANCIAL MATERIAL DISCLOSURE. Forward-Looking Statements. This Site, and any documents issued by ReferralBase.com and available through this Site, may contain statements which that constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. ReferralBase.com undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made. Press Releases. The information contained within press releases issued by ReferralBase.com should not be deemed accurate or current except as of the date the release was posted. ReferralBase.com has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk. Third-Party Financial Information. ReferralBase.com may provide links to third-party Web sites or services that contain financial or investment information. Access to such Web sites and the information contained therein is provided as service to those interested in the information. ReferralBase.com neither regularly monitors nor has control over the content of third parties' statements or Web sites. Accordingly, ReferralBase.com does not endorse or adopt these Web sites or any information contained therein, including, without limitation, analyst's reports, mortgage rate quotes and stock quotes. ReferralBase.com makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party Web sites or other third-party information that is identified on the Site. Users visit these Web sites and use the information contained therein at their own risk. DISCLAIMERS "AS IS" AND "AS AVAILABLE" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, OR THE MANAGER, IS AT YOUR SOLE RISK AND RESPONSIBILITY. WARRANTY DISCLAIMER. REFERRALBASE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. REFERRALBASE.COM DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITE OR THE MANAGER ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. REFERRALBASE.COM IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE REFERRALBASE.COM ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, REFERRALBASE.COM CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE, THE MANAGER, OR ITS SERVER(S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS. ReferralBase.com reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ReferralBase.com. YOUR RESPONSIBILITY AND RISK. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided on or through the Site, the Manager, or on the Internet generally. The Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. ReferralBase.com has no control over and accepts no responsibility whatsoever for such materials. LIMITATION OF LIABILITY IN NO EVENT SHALL REFERRALBASE.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE, THE MANAGER, OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, THE MANAGER, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE, THE MANAGER, OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, OR THE MANAGER, EVEN IF REFERRALBASE.COM OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF REFERRALBASE.COM (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF REFERRALBASE.COM’S SITE OR THE MANAGER EXCEED $5.00 OR THE SUBSCRIPTION FEES YOU HAVE PAID REFERRALBASE.COM, WHICHEVER IS LESS. Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, ReferralBase.com’s liability is limited to the greatest extent permitted by law. INDEMNIFICATION You agree to indemnify, defend and hold harmless ReferralBase.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you. THIRD PARTY RIGHTS The provisions of the paragraphs entitled Third-Party Products and Services, Product and Service Descriptions and Pricing, Disclaimers, Limitation of Liability, and Indemnification are for the benefit of ReferralBase.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS These terms and conditions shall be governed by and construed in accordance with the laws of the State of VirginiaCommonwealth of Virginia, applicable to agreements made and entirely to be performed within the State of VirginiaCommonwealth of Virginia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Charlottesville, Virginia, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. TERMINATION Notwithstanding any of these terms and conditions, this Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer access or use the Site or the Manager after this Agreement has been terminated. The provisions of the paragraphs entitled Copyright, Trademarks and Service Marks, Third Party Content, Submissions, Export Restrictions, Disclaimers, Limitation of Liability, Indemnification, Third Party Rights, Applicable Law, Venue and Limitation of Actions, Termination, Severability, Enforceability and Admissibility and Miscellaneous shall survive any termination of this Agreement. SEVERABILITY If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. ENFORCEABILITY AND ADMISSIBILITY This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (a) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing; (b) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (c) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. MISCELLANEOUS ReferralBase.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. ReferralBase.com may assign its rights and duties under this Agreement to any party at any time without notice to you.

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