Terms of Service
Faulcon Enterprises LLC
These Terms of Service ("Terms") govern your use of the services provided by Faulcon Enterprises LLC ("Company," "ReferMe Marketplace," "we," "us," or "our") through our website refermemarketplace.com, our mobile applications, and all other services operated by us (collectively, the "Services"). By accessing or using our Services, you agree to these Terms in full. If you do not agree, you must discontinue use of our Services immediately.
Our Privacy Policy, located at https://www.refermemarketplace.com/privacy, and any additional guidelines, dispute resolution policies, or supplemental terms referenced herein, are incorporated by reference into these Terms.
Our Services
ReferMe Marketplace is a platform that connects businesses offering services ("Service Providers") with users seeking such services ("Clients"). We solely provide a marketplace to facilitate these connections and do not offer or contract for any services ourselves.
All transactions, agreements, and services exchanged between Service Providers and Clients are entered into independently. ReferMe Marketplace is not responsible for the quality, legality, reliability, or any other aspect of services provided.
We do not verify the credentials, qualifications, or backgrounds of any Service Provider or Client. Users should exercise due diligence before engaging in any transactions.
Account Registration and Responsibilities
Creating an Account
To access certain features, you must register for an account. By creating an account, you agree to:
- Provide accurate, complete, and updated information.
- Maintain the confidentiality of your login credentials.
- Accept responsibility for all activities under your account.
We reserve the right to suspend or terminate any account found to be in violation of these Terms.
Account Security
You are responsible for maintaining the security of your account. Any unauthorized use should be reported immediately to Customer.Service@FaulconEnterprises.com.
SMS Communications
ReferMe Marketplace supports two distinct categories of SMS communication, described below. These categories are governed separately, and your consent to or participation in one does not extend to the other.
Transactional SMS
Users may choose to opt in to receive transactional SMS communications from ReferMe Marketplace. Providing this consent is voluntary and is not required to create an account or use the platform.
When you opt in and provide your mobile phone number, you may receive SMS messages related to your account and services requested through the platform, including:
- Account verification codes
- Password reset codes
- Appointment confirmations
- Appointment reminders
- Appointment status updates
- Appointment rescheduling notices
- Refund and cancellation notifications
Message frequency may vary. Message and data rates may apply.
Users may opt out at any time by replying STOP to any SMS message. Users may reply HELP for assistance or contact Customer.Service@FaulconEnterprises.com.
Business Invitation SMS
ReferMe Marketplace allows a Service Provider to invite a specific contact, including a contact the Service Provider selects from its own device address book or uploads directly, to view and book with that Service Provider on ReferMe Marketplace.
A Business Invitation SMS is limited in the following ways:
- It uses a fixed, pre-approved message template. Service Providers may not compose free-form or open-ended promotional text through this feature.
- Each selected contact receives a single message per invitation action. This is not a recurring or subscription-based message program.
- The message identifies the inviting Service Provider by name and links to that Service Provider's page on ReferMe Marketplace.
Example message:
"ReferMe: Glow Salon is now accepting appointments on ReferMe Marketplace! Book your appointment today https://www.refermemarketplace.com/browse/297"
By selecting or uploading a contact to receive a Business Invitation SMS, the Service Provider represents and warrants that it has a lawful basis, such as an existing customer or business relationship, to contact that individual, and that sending the invitation will not violate any applicable law, including the Telephone Consumer Protection Act (TCPA) and equivalent state or international laws. Uploading or selecting a contact does not itself constitute, and ReferMe Marketplace does not represent it as, consent from that individual, and ReferMe Marketplace does not verify the nature of any Service Provider's relationship with a selected contact before an invitation is sent.
Service Providers may not use the Business Invitation SMS feature to send more than one invitation to the same contact absent further engagement from that contact, for example, visiting the linked page or creating an account, and may not use it to send unsolicited, deceptive, fraudulent, or otherwise unlawful bulk messages.
Every Business Invitation SMS includes a functional opt-out. A recipient may reply STOP at any time to be placed on a suppression list and prevent further messages of this kind, or reply HELP for assistance, regardless of how their contact information was obtained or whether they hold a ReferMe account.
No mobile information is shared with third parties or affiliates for marketing or promotional purposes. Sharing information with subcontractors that support the Services, such as our SMS delivery and messaging infrastructure providers, is permitted solely to operate the Services.
General message frequency and data-rate disclosures: message frequency may vary; message and data rates may apply.
Indemnification for Business Invitations
A Service Provider that uses the Business Invitation SMS feature agrees to indemnify, defend, and hold harmless Faulcon Enterprises LLC, its affiliates, officers, and employees from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Service Provider's selection or upload of a contact for invitation, including any claim that the Service Provider lacked a lawful basis or valid permission to contact that individual.
Payment Terms
Fees & Transactions
Service Providers agree to pay applicable platform fees as outlined on our website.
All payments must be made through our authorized payment processing partners.
Clients are responsible for any payments owed to Service Providers for services rendered.
Cancellations & Refunds
Each Service Provider sets their own cancellation and refund policies.
ReferMe Marketplace is not responsible for refunding payments, except in cases of processing errors.
Clients should review the cancellation policy of a Service Provider before booking a service.
Marketplace Rules & Conduct
Users agree to:
- Abide by all applicable laws and regulations.
- Not engage in fraud, misrepresentation, or illegal activities.
- Not spam, harass, or harm other users or any invited contact.
- Not use the platform to promote unrelated businesses or services.
- Only select or upload contacts for a Business Invitation SMS where the Service Provider has a lawful basis to do so, as described above.
We reserve the right to suspend or terminate accounts that violate these rules.
Dispute Resolution & Liability Limitations
Disputes Between Users
ReferMe Marketplace is not responsible for resolving disputes between Service Providers and Clients. We may offer dispute resolution assistance at our discretion but do not guarantee any particular outcome.
Limitation of Liability
To the fullest extent permitted by law, Faulcon Enterprises LLC and its affiliates shall not be liable for:
- Any damages arising from user transactions.
- Loss of profits, data, or reputation.
- Any unauthorized access or security breaches.
- Any claim arising from a Service Provider's selection or upload of a contact for a Business Invitation SMS without a lawful basis to do so.
Termination & Suspension
We reserve the right to terminate or suspend accounts that violate our Terms, engage in fraudulent activity, or pose a risk to the platform.
Users may delete their accounts at any time by contacting Customer.Service@FaulconEnterprises.com. Any pending obligations will remain enforceable after termination.
Governing Law & Arbitration
These Terms are governed by the laws of Washington, D.C., without regard to conflict-of-law principles.
7.1. Arbitration Agreement
Any dispute arising under these Terms shall be resolved by binding arbitration in Washington, D.C., in accordance with the American Arbitration Association (AAA) rules. Each party shall bear their own arbitration costs.
You waive your right to bring class-action lawsuits against Faulcon Enterprises LLC.
This arbitration agreement applies to you as a party who has agreed to these Terms. It does not apply to, and does not limit the rights of, an individual who receives a Business Invitation SMS but has not created a ReferMe account or otherwise agreed to these Terms.
Privacy & Data Security
Our collection, use, and protection of user data are outlined in our Privacy Policy. By using our Services, you consent to our data practices.
We take reasonable measures to protect user information but cannot guarantee absolute security.
Changes to Terms
We may update these Terms from time to time. Users will be notified of significant changes via email or through the platform.
Continued use of our Services after such changes constitutes acceptance of the new Terms.
Contact Us
If you have any questions about this Privacy Policy or contractual terms outlined in our Terms and Conditions, please contact us:
Faulcon Enterprises LLC
Address: 222 S Church St STE 215M, Charlotte, NC 28202
Email: Customer.Service@FaulconEnterprises.com
Website: www.refermemarketplace.com
For questions or concerns regarding these Terms, contact us at Customer.Service@FaulconEnterprises.com.
By using ReferMe Marketplace, you acknowledge that you have read, understood, and agreed to these Terms of Service.
Thank you for trusting ReferMe Marketplace. Your privacy is our priority.