These Terms of Use were last updated and posted on 06/27/2023
Any information stored or products and services offered through any of the foregoing (collectively, “Services“), are owned and operated by Rapid Referrals, LLC, DBA My Rapid Card, (“Rapid Referrals”, “My Rapid Card”, “we“, “us“, or “our“). The Services provide information and other services and products to a user of the Services (“you“). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be made available in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “ARBITRATION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND RAPID REFERRALS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
2.1. Acceptance of Terms of Use. This Terms of Use document (“Terms of Use”) is a legal agreement between you and Rapid Referrals, which states the terms and conditions under which you may access and use the Services. Your access to and continued use of the Services constitutes your agreement to be bound by these Terms of Use. If you do not accept these Terms of Use you must not access or use the Services. The Terms of Use shall be deemed to include all other operating rules, policies and procedures that are referred to herein or in any App or platform, or that may otherwise be published by Rapid Referrals from time to time (collectively, “Policies”). By clicking “I Accept” (at www.myrapidcard.com), or by using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
2.2. Electronic or Text Communications. You consent to receive text or electronic communications from Rapid Referrals. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or by text messaging satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically or by text messaging are deemed to be given and received on the date we transmit any such electronic or text communication. By participating in certain Services, you acknowledge that you will automatically receive certain messages related to the Services.
2.3. Changes to Terms of Use. Rapid Referrals may revise or update the Terms of Use at any time without advance notice by sending you an email notification to the last email address you provided to us (if any). In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our sending the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, use of the Services after such changes are posted will signify your acceptance of these revised terms.
2.4. Scope of Services. Rapid Referrals is not a medical marijuana collective or cooperative. We offer (a) to receive information from medical cannabis (aka marijuana) patients, (b) to perform pertinent prescreening evaluations in compliance with all applicable laws and regulations, (c) to perform pertinent patient evaluations for the South Dakota Medical Cannabis Program, in compliance with all applicable South Dakota state laws and regulations, and (d) to issue medical certifications when applicable via patient account creation for the South Dakota Medical Cannabis Registry at medcannabisapplication.sd.gov. “Evaluation” means the evaluation and on-line certification as required by the state of South Dakota, which is obtained following a limited in-person medical evaluation by a Licensed Health Care Provider, after which, you may complete your on-line application at medcannabisapplication.sd.gov subject to DOH approval so as to obtain medical cannabis from a third party pursuant to the laws of the state of South Dakota. We neither provide nor intend to provide medical cannabis delivery services to medical cannabis patients. It is the sole responsibility of third-party collectives, cooperatives, or delivery services to provide delivery and other services in compliance with applicable laws and regulations. We make no prescriptions, referrals, representations, promises, or warranties with respect to the legality, suitability, or otherwise regarding third-party providers and have no responsibility or liability with respect to services provided to you by such third parties.
2.5. Use of the Services by Children. By pre-approved appointment only, you may obtain Services on behalf of patients under the age of 18 for whom you are the legal parent or guardian. If you register as the parent or legal guardian on behalf of a minor, you will be fully responsible for complying with these Terms of Use. This Licensed Health Care Provider reserves the right, in its sole discretion, to refuse to provide Evaluations or Services to a minor.
You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Terms of Use. You are solely responsible for knowing and understanding your local laws concerning standards of content legality and pertaining to medical cannabis collectives and/or cooperatives. Rapid Referrals may, in its sole discretion, refuse to accept your registration due to noncompliance with any eligibility requirement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to other restrictions, you must abide by such limits or other restrictions.
Rapid Referrals understands the importance of maintaining the privacy of your Personal Information. Please review Rapid Referrals’ Privacy Policy carefully, which is included in and makes up a part of this Terms of Use. This describes how Personal Information about you may be collected, used, and disclosed. You understand and warrant that some information and records pertaining to your Evaluation may be subject to mandatory disclosure to relevant government authorities under the applicable and governing laws and regulations of the State of South Dakota.
You agree not to use the Services or any other service Rapid Referrals provides in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes our policies, guidelines, rules or the terms and conditions of these Terms of Use. This includes but is not limited to, and you hereby undertake not to do, the following:
Rapid Referrals reserves the right to take whatever lawful actions it may deem appropriate in response to abovementioned violations and to cooperate with legal authorities in any investigation of any suspected or alleged crime or civil wrong, including, without limitation, the suspension or termination of your access to the Services. Rapid Referrals will not have any liability whatsoever to you for any termination of your rights under these Terms of Use.
By signing up for and/or using the Service, you expressly acknowledge that the Service is solely for qualified patients residing in South Dakota. The Service is also extended to out of state residents with current Medical Cannabis Cards in their respective state. You further represent that you are such a patient or, where permissible, the primary caregiver for such a patient. You expressly acknowledge that you are familiar and assume full responsibility for cooperating with all laws regarding the use, possession, cultivation, transportation, and distribution of medical cannabis. You further acknowledge that any of these activities may be illegal under state law unless all participants are acting completely within the scope of South Dakota’s medical marijuana laws. You further acknowledge that you understand that the use, possession, cultivation, transportation, and/or distribution of cannabis is illegal under federal law, and that individuals are subject to arrest and/or prosecution by federal officials. You acknowledge and agree that we neither provide nor have any obligation to provide any legal protections, such as indemnification, with respect to any civil, criminal, or administrative proceeding, investigation, litigation, or prosecution. We have our principal place of business in South Dakota. You further acknowledge that you must abide the by and follow the laws of the state of South Dakota.
7.1. Introduction. Rapid Referrals, LLC. (“Rapid Referrals”, “we”, “us”, or “our”) developed this privacy policy (“Privacy Policy”) to explain how we collect, use, and disclose information from and/or about you when you use the Services.
RAPID REFERRALS WILL BE COLLECTING AND TRANSMITTING PERSONAL, MEDICAL AND HEALTH-RELATED INFORMATION ABOUT YOU. BY USING THE SERVICES, YOU AGREE THAT WE CAN COLLECT AND USE YOUR PERSONAL AND OTHER INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SERVICES.
7.2. Important Definitions. When we use the term “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable to you, such as your contact information (e.g., name, address, email address, or telephone number), personally identifiable health or medical information (“Health Information”), and any other non-public information that is associated with such information (collectively, “Personal Information”). When we use the term “De-Identified Information”, we mean information that is neither used nor intended to be used to personally identify an individual.
7.3. Questions. If you have questions or concerns about this Privacy Policy, please contact us by phone at (605) 390-3854 or by email at info@myrapidcard.com.
7.4. HIPAA. Our privacy practices are intended to comply with the Health Insurance Portability and Accountability Act (HIPAA). We will maintain the privacy of your Health Information as required by HIPAA and the regulations promulgated under that Act.
7.5. Children under age 18. We do not knowingly allow individuals under the age 18 to create Accounts that allow access to our Services.
7.6. Personal Information. The Personal Information we collect or maintain may include:
7.7. Use of Personal Information. We may use your Personal Information for the following purposes (subject to applicable legal restrictions):
7.8. Disclosure of Personal Information. We may also disclose Personal Information that we collect or you provide (subject to applicable legal restrictions):
7.9. De-Identified Information. We may use De-Identified Information created by us without restriction.
7.10. Information You Share with Third Parties. This Privacy Policy applies only to information we collect through the Services and in email, text and other electronic communications set through or in connection with the Services. This policy DOES NOT apply to information collected by any third party.
7.11. Modification of Information. Members will be able to update some of their information through the Services. Requests to modify any information may also be requested by phone at (605) 390-3854 or by email at info@myrapidcard.com.
7.12. Limitations on Deletion of Information. You may request deletion of your Personal Information by us, but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete Personal Information, it will be deleted from the active database, but may remain in our archives and we may also retain Anonymous Information about your use of our Service. Once we disclose some of your Personal Information to third parties, we may not be able to access that Personal Information any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Information, we will retain De-Identified Data and will continue to use De-Identified Data as permitted under this Privacy Policy.
7.13. Steps we take to keep your information secure. We employ reasonable physical, electronic and managerial security methods to help protect against unauthorized access to Personal Information, such as encryption. But please be aware that no data storage facility can be guaranteed to be perfectly secure. As a result, while we try to protect your Personal Information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
7.14. Report Violations. You should report any security violations to us by calling us at (605) 390-3854 or by email at info@myrapidcard.com.
7.15. Changes to this Privacy Policy. We may change this Privacy Policy from time to time in the future. We will post any revised version of the Privacy Policy. Continued use of our Services following notice of such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. By using the Services, you are agreeing to our collection, use and disposal of Personal Information and other data as described in this Privacy Policy, both as it exists now and as it is changed from time to time.
Your use of the Services may now or in the future be subject to your payment of the applicable fees (“Fees”). If you use any paid Services, you must specify a verified account with one of Rapid Referrals’ PCI-compliant payment processors (for example, PayPal) (the “Payment Processor”) that will be used to make payments to Rapid Referrals (the “Authorized Payment Method”). In the future, Rapid Referrals may discontinue supporting any particular Payment Processor, or it may support additional Payment Processors. Unless specified otherwise, all amounts payable hereunder shall be paid when due in US dollars, in immediately available funds by the Authorized Payment Method that you specified, in full without set-off, counterclaim or deduction. Use of the third-party Payment Processor is subject to such Payment Processor’s terms and conditions. IN THE EVENT OF A DISPUTED CHARGE, YOU SHOULD CONTACT RAPID REFERRALS FIRST AND ATTEMPT TO RESOLVE THE MATTER WITH OUR CUSTOMER SERVICE REPRESENTATIVES, WHO CAN BE REACHED AT (605) 390-3854. FAILURE TO FIRST CONTACT CUSTOMER SERVICES BY DIRECTLY CONTACTING THE PAYMENT PROCESSOR MAY RESULT IN A LOSS OF APP PRIVILEGES. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon the payee’s net income). All refund requests must be made by you to Customer Service within one month after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Services, then we have the right to suspend the User’s account indefinitely, until the dispute is resolved.
9.1. Right to Termination. Except as may be expressly limited by the Privacy Policy, the Rapid Referrals reserves the right at all times to disclose any information as Rapid Referrals deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Rapid Referrals’ sole discretion. Further, Rapid Referrals reserves the right at any time, without notice, for any or no reason, to refuse service or access to the Services to anyone, to modify and discontinue any portion or all of the same, and to restrict, suspend and terminate your Accounts. You agree that Rapid Referrals will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services or any part thereof. Upon any termination, all rights and obligations of the parties shall cease and you shall immediately cease using the Services, except that all obligations that accrued prior to the effective date of termination (including without limitation, all obligations to pay Fees) and all remedies for breach of the Terms of Use shall survive. After termination, we have no obligation to maintain any content or data submitted by you in your Account, or to forward any unread or unsent messages to you or any third party.
9.2. Right to Remedies. You agree that any violation or threatened violation of these Terms of Use may cause us irreparable and unquantifiable harm, and you agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
9.3. Right to Monitor. Rapid Referrals neither actively monitors use of the Services nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through the Services. However, Rapid Referrals does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials or User Content that, in Rapid Referrals’ sole discretion may, be illegal, subject Rapid Referrals to liability, violate these Terms of Use, or are, in the sole discretion of Rapid Referrals, inconsistent with Rapid Referrals’ purposes for the Services.
10.1. Nature of Services. The Services are not intended to create and do not constitute any professional relationship between Rapid Referrals (or any of its officers, directors, trustees, employees, consultants, independent contractors, bloggers, experts, agents, volunteers, affiliates, or agents) and you, and do not create any doctor-patient or any other professional relationship with any of Rapid Referrals’ independent contractors, experts or agents. The Services facilitate communication and coordination with a licensed health care provider via the Services (“Licensed Health Care Provider”) and in certain circumstances facilitate direct communication with the same. The Services do not replace your relationship with any Licensed Health Care Provider or other health care service and Rapid Referrals does not provide medical advice, recommendations for the purpose of medical treatment or otherwise, care, diagnosis etc.
10.2. Information Regarding Dietary Supplements. Information and statements regarding dietary and other health care supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use and consult with your health care professionals.
10.3. Rapid Referrals Is Not a Medical Provider and Does Not Provide Medical Advice. The information provided on the Website or through the Services is not a substitute for medical diagnosis, advice, or treatment, or other professional healthcare. If you have or suspect you may have a medical or psychological problem, you should consult your medical doctor or psychologist or appropriate health care provider. If you think you have a medical emergency, call 911 immediately. Never disregard or delay medical advice received from your licensed healthcare provider based on information through the Services. Always consult your physician, psychologist, or licensed healthcare provider before seeking any new treatment, or before you alter, suspend, or initiate any change in your medical or psychological treatment, medication or herbal supplement, routine, or procedure. If you are in crisis, we encourage you to reach out for help to a crisis help line. A list of crisis help lines and service providers can be found in your phone book, or contact any of the organizations listed below: National Suicide Hotline 800-273-TALK (800-273-8255); National Domestic Violence Hotline 800-799-SAFE (800-799-7233); National Child Abuse Hotline 800-4-A-CHILD (800-422-4453). While we provide online services, we do not have a 24-hour hotline for medical emergencies; nor do we handle requests in crisis situations, such as if you are feeling suicidal or in need of immediate assistance due to emotional crisis. If you are in crisis, contact one of the above organizations or another resource of your choice. If you need help finding mental health services and support in your community, contact an appropriate organization, such as for example: National Mental Health Association Information Center: nmha.org. Rapid Referrals has no knowledge of you or any other user’s medical conditions or health status. Accordingly, you agree to be solely responsible for determining (alone or in consultation with a healthcare professional) whether your participation in any element of the Services might pose any adverse health risk. We do not offer or provide any kind of medical advice, health insurance or other healthcare service, including without limitation, any counseling, testing, evaluation, prescription, procedure or therapy related to exercise, nutrition, weight loss or wellness or related to the avoidance, prevention, diagnosis or treatment of any injury, illness, disease or condition (collectively, “Healthcare Services”). Always seek the advice of your physician or other qualified healthcare provider with questions regarding any medical condition or health program. You are expressly prohibited from engaging in any activity against medical advice or if doing so might pose any health risk. Rapid Referrals does not endorse or recommend any products, services, procedures or opinions that may be mentioned through the Services, nor does it recommend or endorse any specific Healthcare Service or provider. You agree to release Rapid Referrals of any and all liability in connection with any injury, disability, or other damage to you resulting from your use of the Services.
10.4. No Guarantee or Warranty. We expressly disclaim and all liability concerning any treatment or action by any person following the information offered or provided within or through the Services or through us or through anyone using the Services or trained by us. We are not liable for any unfair business practices by third parties. We have used reasonable efforts in collecting, preparing, and providing quality information and material but make no guarantee about the accuracy, completely, or adequacy of the information shown on the Services. The Service is provided on an “as is” and “as available” basis. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, no liens, no encumbrances, workmanlike effort, and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade. If you are dissatisfied or harmed by anything relating to the Services, you may leave the Services and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, complete, legal, or safe. If applicable law requires any warranties regarding the Services, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use.
We do not guarantee that any person’s use of the Services is the appropriate course of treatment for any individual’s particular health care problem. Communications on or through the Services do not create client-professional relationship between Rapid Referrals and you. Rapid Referrals makes no representation that the Service is accessible, appropriate or legally available for use in your location, and accessing and using the Service is prohibited in territories where doing so would be illegal. You are responsible for compliance with local laws. Rapid Referrals is not responsible or liable in any manner for any material submitted by you or by a Third Party that is accessible through the Services. Although we provide rules for conduct, we do not control and are not responsible for what users share about the Services or for the conduct of any user.
10.5. Diagnosis and Services. Licensed Health Care Providers may provide advice or diagnoses to you in a consulting capacity only during the limited in-person visit. Please consider that a Licensed Health Care Provider may not possess the full amount of information he/she could have obtained by performing a more comprehensive history and physical examination in a primary care practice setting. Thus, Licensed Health Care Providers will draw conclusions based on the information made available to them and may not be aware of certain facts or information that could have influenced on their opinions or diagnoses. You hereby represent and warrant that you are aware of all the risks associated with the above mentioned problem of insufficiency of information and you agree and understand the following statements: a) the Licensed Health Care Provider may not have the important information that is usually received through a more comprehensive history and physical examination in a primary care setting, b) the lack of such information may lead to an inability to draw an accurate conclusion, c) because of the absence of a more comprehensive history and physical examination as performed in a primary care setting, the opinion of a Licensed Health Care Provider cannot replace a more comprehensive history and physical evaluation as performed in a primary care setting, and d) the opinion will be based on a limited amount of information. In accordance with South Dakota state law, your Licensed Health Care Provider is available to you for follow-up in a consulting capacity. You also have a duty to provide truthful and accurate responses on any patient forms or information requests your Licensed Health Care Provider may provide through the Services. You hereby authorize your Licensed Health Care Provider to issue a medical certification through the on-line portal for the South Dakota Medical Cannabis Program at medcannabisapplication.sd.gov. Furthermore, in accordance with codified South Dakota law 34-20G-5, you acknowledge that Licensed Health Care Providers are not subject to arrest, prosecution, or penalty of any kind, or denied any right or privilege, including civil penalty or disciplinary action by the South Dakota Board of Medical and Osteopathic Examiners or by any other occupational or professional licensing board or bureau, solely for providing written certifications that debilitating medical conditions or symptoms associated with the serious or debilitating medical condition exist.
We are not liable to you or any third party for any damages (including, without limitation, direct, indirect, incidental, special, consequential, exemplary, incidental, special, or punitive damages, personal injury/wrongful death, lost profits, goodwill, use data or other intangible losses (whether or not we have been advised of the possibility of such damages) or damages arising from or relating to these Terms of Use or use or inability to use the Services (including damages resulting from lost data or business interruption), even if we have been advised of the possibility of such damages, whether arising under contract, tort, or any other theory of liability. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Services. Your access to, and use of, the Services is at your own risk and you are solely responsible for any damage to your computer, device, system, or data. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the fullest extent permitted by law.
NOTWITHSTANDING THE ABOVE, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE LESSER OF (I) THE AMOUNT PAID BY YOU FOR ANY PRODUCT OR SERVICE PURCHASED BY YOU FROM US THROUGH THE SERVICES OR THROUGH ANY OTHER WEBSITE OR SOURCE DURING THE PRECEDING TWELVE (12) MONTH PERIOD OR (II) ONE HUNDRED DOLLARS ($100); PROVIDED, THAT ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES MUST BE BROUGHT WITHIN ONE (1) YEAR SINCE THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS OF USE AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. SOME STATES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO RAPID REFERRALS FOR USE OF THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM RAPID REFERRALS, REGARDLESS OF THE CAUSE OF ACTION.THIRD PARTY SERVICES; LIMITATION OF LIABILITY.
12.1. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE RAPID REFERRALS FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. You acknowledge that third party service providers providing services requested through Rapid Referrals may not be professionally licensed or permitted. WE WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APP OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE Rapid Referrals FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APP OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APP OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 20-7-11 OF THE CIVIL CODE OF THE STATE OF SOUTH DAKOTA, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
12.2. No Warranty for Third Party Services. RAPID REFERRALS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW. THE QUALITY OF THE THIRD-PARTY SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR APP IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SERVICE, YOU MAY BE EXPOSED TO A THIRD-PARTY SERVICE THAT IS POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SERVICE AT YOUR OWN RISK.
12.3. Third Party Advertising. Rapid Referrals may rely on third party advertising and marketing supplied through the Service and other mechanisms to subsidize the Service. You agree to receive such advertising and marketing. Rapid Referrals may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable), relating to your access to and activities with respect to the Services, or relating to information, or services, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Services or use therein.
By using the Services you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, Rapid Referrals from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented through the Services; (b) your violation of these Terms of Use or of applicable laws or regulations; or (c) any User Content you provided to the Services. Rapid Referrals reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Rapid Referrals. Rapid Referrals will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Rapid Referrals’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, program, other owned or controlled by Rapid Referrals, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any Rapid Referrals, property, product, program, other content or any and all activities or actions related thereto. By using the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. In accordance with such waiver, if you are a South Dakota resident, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 20-7-11 of the civil code of South Dakota and any similar law of any state or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If Rapid Referrals believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, Rapid Referrals will investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of third parties, including any applicable credit card company. Rapid Referrals will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
15.1. Copyright. Except as otherwise expressly stated, the Services, and all content thereon (except User Content) is the copyrighted work of Rapid Referrals or its third-party content suppliers and is protected by U.S. and international copyright laws. If you provide Rapid Referrals with any feedback, suggestions, enhancements requests, ideas, recommendations regarding the Services you hereby assign to Rapid Referrals all rights to such information and agree that Rapid Referrals shall have the right to use and fully exploit such information in any manner it deems appropriate. Rapid Referrals will treat any of such information as non-confidential and non-proprietary. You agree that you will not submit any information that you consider to be confidential or proprietary.
15.2. Infringement. Rapid Referrals does not warrant or represent that your use of any information or other materials displayed on the Services will not infringe rights of third parties. Your use of any of the information or materials beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided information or materials. Rapid Referrals is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold Rapid Referrals from and against any claims, by an owner of data or image rights or any third party resulting from violation of these Terms of Use.
15.3. DCMA Notice. If you believe that any part of the Services violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify us immediately at (605) 390-3854 with all specifics necessary for us to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for us to act on your complaint. Specifically, you will be asked to provide Rapid Referrals’ copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. We have a policy of terminating the Accounts of users who (in our reasonable discretion) are violators of infringement. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
15.4. Trademarks and Service Marks. Certain trademarks on the Services are the service marks and trademarks of Rapid Referrals, the Practitioners, or other licensees of Rapid Referrals. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from the Services without the prior written authorization of Rapid Referrals.
15.5. Ownership of information submitted via the Services. While Personal Information (as defined in our Privacy Policy) which you submit will be maintained in accordance with our Privacy Policy, any information you transmit to Rapid Referrals via the Services, whether by direct entry, submission, e-mail or otherwise, including text messaging (each and collectively, “Transmitted Information”), will be treated as non-confidential and non-proprietary to you and will become the sole property of Rapid Referrals. In addition, as Rapid Referrals property, to the extent allowed by law such information may be used Rapid Referrals for any purpose, including, without limitation, reproduction, solicitations, disclosure, publication, and posting (“Outbound Communications”); however, Rapid Referrals will make every effort to de-identify any information relating to your health or health concerns, including, by not disclosing your name or email with regard to any such Outbound Communications. If you wish to create additional safeguards to protect your Transmitted Information, then do not disclose your name or any identifying information when you correspond with us or our agents and consultants, as the case may be, via the Services. Rapid Referrals shall be free to use any ideas, concepts, or techniques contained in any communication you send to Rapid Referrals via the Services or by any other means (including Transmitted Information) for any purpose whatsoever, including, without limitation, developing and marketing products using such information. Because Rapid Referrals owns the Transmitted Information, Rapid Referrals has no obligation to you or any third party to provide a record of Transmitted Information to either party upon request. Rapid Referrals is not responsible for any information or content submitted by other users; you agree that any interaction between you and other users of the Services are solely between you and such user.
15.6. Ownership. The Services are the property of Rapid Referrals, and subject to the intellectual property rights of Rapid Referrals and its licensors. Any rights not expressly granted herein are reserved.
16.1. No Statement as to Accuracy. Rapid Referrals has no editorial control or responsibility over the content included in the Services provided by third-party content providers. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or users on the Services are those of such third-party suppliers or users, respectively. Rapid Referrals does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party.
17.1. Export. You agree that our services are subject to U.S. export controls and agree that you will comply with the same, and represent that you are neither located in a sanctioned country nor a prohibited person. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Rapid Referrals, or any products utilizing such data, in violation of the United States export laws or regulations.
17.2. Entire Agreement. These Terms of Use constitutes the sole agreement between you and Rapid Referrals relating to your use of the Service, and supersedes all prior or contemporaneous communications of any kind between you and Rapid Referrals with respect to the Service, and no representations, statements or inducements, oral or written, not contained in these Terms of Use shall bind either you or Rapid Referrals.
17.3. Severability. If any part of these Terms of Use is found to be unenforceable under applicable law, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of part of these Terms of Use will not affect the enforceability of the remaining provisions.
17.4. No Assignment. You may not assign, transfer or delegate your rights or obligations within these Terms of Use in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Use, and any rights and duties hereunder, at any time, without notice to you. These Terms of Use shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees.
17.5. No Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by Rapid Referrals of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
17.6. Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the State of South Dakota, USA and United States Federal Law without regard to any conflicts of law provisions. Subject to the provisions of this Terms of Use, all disputes, controversies or claims arising out of or relating to these Terms of Use will be resolved through mandatory binding arbitration that will be conducted in Pennington County, South Dakota as provided below.
17.7. Arbitration. These Terms of Use contain an arbitration provision to resolve disputes. No class or representative court action or jury trial is permitted. Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination, and means that there shall not be a jury and that the rules of the proceeding will be conducted in accordance with established arbitration rules of the American Arbitration Association (“AAA”). In order to resolve a dispute with as minimum expense and maximum satisfaction as possible, we recommend contacting us first to resolve any dispute in as easy a fashion as possible, but you are permitted to proceed directly to arbitration, provided that before initiating arbitration, you first Notify Rapid Referrals at (605) 390-3854. Any dispute must be initiated with an AAA arbitrator in Pennington County, South Dakota, within one (1) year of occurrence or to the maximum extent permitted by law. Both parties must keep the dispute confidential, to the maximum extent permitted by law. If one part of this arbitration agreement is found to be invalid, the invalid provision shall be severed from the rest of this arbitration clause and agreement and the rest of this clause and agreement shall be valid.
17.8. Force Majeure. The performance of Rapid Referrals hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.
17.9. Survival. Notwithstanding any provision in these Terms of Use to the contrary, the following provisions shall survive termination or expiration of these Terms of Use: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
17.10. Contact Us. If you have any questions about these Terms of Use, please contact us at (605) 390-3854. We will attempt to respond to your questions or concerns promptly.
Rapid Referrals, LLC
www.myrapidcard.com
Telephone: (605) 390-3854
Email: info@myrapidcard.com
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