TERMS OF USE (last updated 1/1/2020)

 

AGREEMENT TO TERMS

 

These Terms of Use constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”) and Reach Platform

Inc. (& "company", “we”, “us”, or “our”), concerning your access to and use of

the  http://reachphone.co  website as well as any other media form, media

channel, mobile website or mobile application related, linked, or otherwise connected

thereto (collectively, the “Site”). You agree that by accessing the Site, you have read,

understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT

AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY

PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE

IMMEDIATELY.

 

Supplemental terms and conditions or documents that may be posted on the Site

from time to time are hereby expressly incorporated herein by reference. We reserve

the right, in our sole discretion, to make changes or modifications to these Terms of

Use at any time and for any reason. We will alert you about any changes by

updating the “Last updated” date of these Terms of Use, and you waive any right to

receive specific notice of each such change. It is your responsibility to periodically

review these Terms of Use to stay informed of updates. You will be subject to, and

will be deemed to have been made aware of and to have accepted, the changes in

any revised Terms of Use by your continued use of the Site after the date such

revised Terms of Use are posted.  

 

The information provided on the Site is not intended for distribution to or use by any

person or entity in any jurisdiction or country where such distribution or use would be

contrary to law or regulation or which would subject us to any registration

requirement within such jurisdiction or country. Accordingly, those persons who

choose to access the Site from other locations do so on their own initiative and are

solely responsible for compliance with local laws, if and to the extent local laws are

applicable. 

The Site is not tailored to comply with industry-specific regulations (Health Insurance

Portability and Accountability Act (HIPAA), Federal Information Security Management

Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not

use this Site. You may not use the Site in a way that would violate the Gramm-Leach-

Bliley Act (GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age

of 18 are not permitted to use or register for the Site. 

 

INTELLECTUAL PROPERTY RIGHTS

 

Unless otherwise indicated, the Site is our proprietary property and all source code,

databases, functionality, software, website designs, audio, video, text, photographs,

and graphics on the Site (collectively, the “Content”) and the trademarks, service

marks, and logos contained therein (the “Marks”) are owned or controlled by us or

licensed to us, and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the United States,

international copyright laws, and international conventions. The Content and the

Marks are provided on the Site “AS IS” for your information and personal use only.

Except as expressly provided in these Terms of Use, no part of the Site and no

Content or Marks may be copied, reproduced, aggregated, republished, uploaded,

posted, publicly displayed, encoded, translated, transmitted, distributed, sold,

licensed, or otherwise exploited for any commercial purpose whatsoever, without our

express prior written permission.

 

Provided that you are eligible to use the Site, you are granted a limited license to

access and use the Site and to download or print a copy of any portion of the

Content to which you have properly gained access solely for your personal, non-

commercial use. We reserve all rights not expressly granted to you in and to the

Site, the Content and the Marks.

 

USER REPRESENTATIONS

 

By using the Site, you represent and warrant that: (1) all registration information you

submit will be true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration information as

necessary; (3) you have the legal capacity and you agree to comply with these

Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you

will not access the Site through automated or non-human means, whether through a

bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized

purpose; and (7) your use of the Site will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete,

we have the right to suspend or terminate your account and refuse any and all

current or future use of the Site (or any portion thereof). 

USER REGISTRATION

 

You may be required to register with the Site. You agree to keep your password

confidential and will be responsible for all use of your account and password. We

reserve the right to remove, reclaim, or change a username you select if we

determine, in our sole discretion, that such username is inappropriate, obscene, or

otherwise objectionable.

FEES AND PAYMENT

We accept the following forms of payment:

-  Visa 

-  Mastercard 

-  American Express 

-  Discover 

You may be required to purchase or pay a fee to access some of our services. You

agree to provide current, complete, and accurate purchase and account information

for all purchases made via the Site. You further agree to promptly update account

and payment information, including email address, payment method, and payment

card expiration date, so that we can complete your transactions and contact you as

needed. We bill you through an online billing account for purchases made via the

Site. Sales tax will be added to the price of purchases as deemed required by us.

We may change prices at any time. All payments shall be in U.S. dollars.

You agree to pay all charges or fees at the prices then in effect for your purchases,

and you authorize us to charge your chosen payment provider for any such amounts

upon making your purchase. If your purchase is subject to recurring charges, then

you consent to our charging your payment method on a recurring basis without

requiring your prior approval for each recurring charge, until you notify us of your

cancellation. 

 

We reserve the right to correct any errors or mistakes in pricing, even if we have

already requested or received payment. We also reserve the right to refuse any

order placed through the Site.

FREE TRIAL

 

We offer a 14-day free trial to new users who register with the Site. The account will

be charged according to the user’s chosen subscription at the end of the free trial.

CANCELLATION

 

All purchases are non-refundable. You can cancel your subscription at any time by

contacting us using the contact information provided below. Your cancellation will

take effect at the end of the current paid term. 

 

If you are unsatisfied with our services, please email us

at [email protected]

PROHIBITED ACTIVITIES 

You may not access or use the Site for any purpose other than that for which we

make the Site available. The Site may not be used in connection with any

commercial endeavors except those that are specifically endorsed or approved by

us.  

As a user of the Site, you agree not to:

1.  Systematically retrieve data or other content from the Site to create or compile,

directly or indirectly, a collection, compilation, database, or directory without written

permission from us.

2.  Make any unauthorized use of the Site, including collecting usernames and/or

email addresses of users by electronic or other means for the purpose of sending

unsolicited email, or creating user accounts by automated means or under false

pretenses.

3.  Use a buying agent or purchasing agent to make purchases on the Site.

4.  Use the Site to advertise or offer to sell goods and services.

5.  Circumvent, disable, or otherwise interfere with security-related features of the

Site, including features that prevent or restrict the use or copying of any Content or

enforce limitations on the use of the Site and/or the Content contained therein.

6.  Engage in unauthorized framing of or linking to the Site.

7.  Trick, defraud, or mislead us and other users, especially in any attempt to learn

sensitive account information such as user passwords.

8.  Make improper use of our support services or submit false reports of abuse or

misconduct.

9.  Engage in any automated use of the system, such as using scripts to send

comments or messages, or using any data mining, robots, or similar data gathering

and extraction tools.

10.  Interfere with, disrupt, or create an undue burden on the Site or the networks or

services connected to the Site.

11.  Attempt to impersonate another user or person or use the username of another

user.

12.  Sell or otherwise transfer your profile.

13.  Use any information obtained from the Site in order to harass, abuse, or harm

another person.

14.  Upload or transmit (or attempt to upload or to transmit) any material that acts as

a passive or active information collection or transmission mechanism, including

without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs,

cookies, or other similar devices (sometimes referred to as “spyware” or “passive

collection mechanisms” or “pcms”).

15.  Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or

other material, including excessive use of capital letters and spamming (continuous

posting of repetitive text), that interferes with any party’s uninterrupted use and

enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,

features, functions, operation, or maintenance of the Site.

16.  Copy or adapt the Site’s software, including but not limited to Flash, PHP,

HTML, JavaScript, or other code.

17.  Delete the copyright or other proprietary rights notice from any Content.

18.  Harass, annoy, intimidate, or threaten any of our employees or agents engaged

in providing any portion of the Site to you.

19.  Attempt to bypass any measures of the Site designed to prevent or restrict

access to the Site, or any portion of the Site.

20.  Decipher, decompile, disassemble, or reverse engineer any of the software

comprising or in any way making up a part of the Site.

21.  Use the Site as part of any effort to compete with us or otherwise use the Site

and/or the Content for any revenue-generating endeavor or commercial enterprise.

22.  Except as may be the result of standard search engine or Internet browser

usage, use, launch, develop, or distribute any automated system, including without

limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the

Site, or using or launching any unauthorized script or other software.

23.  Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

24.  Use the Site in a manner inconsistent with any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

 

The Site does not offer users to submit or post content. We may provide you with the

opportunity to create, submit, post, display, transmit, perform, publish, distribute, or

broadcast content and materials to us or on the Site, including but not limited to text,

writings, video, audio, photographs, graphics, comments, suggestions, or personal

information or other material (collectively, "Contributions"). Contributions may be

viewable by other users of the Site and through third-party websites. As such, any

Contributions you transmit may be treated in accordance with the Site Privacy

Policy. When you create or make available any Contributions, you thereby represent

and warrant that:

1.  The creation, distribution, transmission, public display, or performance, and the

accessing, downloading, or copying of your Contributions do not and will not infringe the

proprietary rights, including but not limited to the copyright, patent, trademark, trade secret,

or moral rights of any third party.

2.  You are the creator and owner of or have the necessary licenses, rights, consents,

releases, and permissions to use and to authorize us, the Site, and other users of the Site to

use your Contributions in any manner contemplated by the Site and these Terms of Use.

3.  You have the written consent, release, and/or permission of each and every identifiable

individual person in your Contributions to use the name or likeness of each and every such

identifiable individual person to enable inclusion and use of your Contributions in any manner

contemplated by the Site and these Terms of Use.

4.  Your Contributions are not false, inaccurate, or misleading.

5.  Your Contributions are not unsolicited or unauthorized advertising, promotional materials,

pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6.  Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,

slanderous, or otherwise objectionable (as determined by us).

7.  Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8.  Your Contributions do not advocate the violent overthrow of any government or incite,

encourage, or threaten physical harm against another.

9.  Your Contributions do not violate any applicable law, regulation, or rule.

10.  Your Contributions do not violate the privacy or publicity rights of any third party.

11.  Your Contributions do not contain any material that solicits personal information from

anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent

manner.

12.  Your Contributions do not violate any applicable law concerning child pornography, or

otherwise intended to protect the health or well-being of minors.

13.  Your Contributions do not include any offensive comments that are connected to race,

national origin, gender, sexual preference, or physical handicap.

14.  Your Contributions do not otherwise violate, or link to material that violates, any

provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may

result in, among other things, termination or suspension of your rights to use the

Site.

 

CONTRIBUTION LICENSE

 

You and the Site agree that we may access, store, process, and use any information

and personal data that you provide following the terms of the Privacy Policy and your

choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we

can use and share  such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of

all of your Contributions and any intellectual property rights or other proprietary rights

associated with your Contributions. We are not liable for any statements or

representations in your Contributions provided by you in any area on the Site. You

are solely responsible for your Contributions to the Site and you expressly agree to

exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

MOBILE APPLICATION LICENSE

 

Use License

          

If you access the Site via a mobile application, then we grant you a revocable, non-

exclusive, non-transferable, limited right to install and use the mobile application on

wireless electronic devices owned or controlled by you, and to access and use the

mobile application on such devices strictly in accordance with the terms and

conditions of this mobile application license contained in these Terms of Use. You

shall not: (1) decompile, reverse engineer, disassemble, attempt to derive the source

code of, or decrypt the application; (2) make any modification, adaptation,

improvement, enhancement, translation, or derivative work from the application; (3)

violate any applicable laws, rules, or regulations in connection with your access or

use of the application; (4) remove, alter, or obscure any proprietary notice (including

any notice of copyright or trademark) posted by us or the licensors of the application;

(5) use the application for any revenue generating endeavor, commercial enterprise,

or other purpose for which it is not designed or intended; (6) make the application

available over a network or other environment permitting access or use by multiple

devices or users at the same time; (7) use the application for creating a product,

service, or software that is, directly or indirectly, competitive with or in any way a

substitute for the application; (8) use the application to send automated queries to

any website or to send any unsolicited commercial e-mail; or (9) use any proprietary

information or any of our interfaces or our other intellectual property in the design,

development, manufacture, licensing, or distribution of any applications, accessories,

or devices for use with the application.

          

Apple and Android Devices 

          

The following terms apply when you use a mobile application obtained from either

the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the

license granted to you for our mobile application is limited to a non-transferable

license to use the application on a device that utilizes the Apple iOS or Android

operating systems, as applicable, and in accordance with the usage rules set forth in

the applicable App Distributor’s terms of service; (2) we are responsible for providing

any maintenance and support services with respect to the mobile application as

specified in the terms and conditions of this mobile application license contained in

these Terms of Use or as otherwise required under applicable law, and you

acknowledge that each App Distributor has no obligation whatsoever to furnish any

maintenance and support services with respect to the mobile application; (3) in the

event of any failure of the mobile application to conform to any applicable warranty,

you may notify the applicable App Distributor, and the App Distributor, in accordance

with its terms and policies, may refund the purchase price, if any, paid for the mobile

application, and to the maximum extent permitted by applicable law, the App

Distributor will have no other warranty obligation whatsoever with respect to the

mobile application; (4) you represent and warrant that (i) you are not located in a

country that is subject to a U.S. government embargo, or that has been designated

by the U.S. government as a “terrorist supporting” country and (ii) you are not listed

on any U.S. government list of prohibited or restricted parties; (5) you must comply

with applicable third-party terms of agreement when using the mobile application,

e.g., if you have a VoIP application, then you must not be in violation of their wireless

data service agreement when using the mobile application; and (6) you acknowledge

and agree that the App Distributors are third-party beneficiaries of the terms and

conditions in this mobile application license contained in these Terms of Use, and

that each App Distributor will have the right (and will be deemed to have accepted

the right) to enforce the terms and conditions in this mobile application license

contained in these Terms of Use against you as a third-party beneficiary thereof.    

SUBMISSIONS

 

You acknowledge and agree that any questions, comments, suggestions, ideas,

feedback, or other information regarding the Site ("Submissions") provided by you to

us are non-confidential and shall become our sole property. We shall own exclusive

rights, including all intellectual property rights, and shall be entitled to the

unrestricted use and dissemination of these Submissions for any lawful purpose,

commercial or otherwise, without acknowledgment or compensation to you. You

hereby waive all moral rights to any such Submissions, and you hereby warrant that

any such Submissions are original with you or that you have the right to submit such

Submissions. You agree there shall be no recourse against us for any alleged or

actual infringement or misappropriation of any proprietary right in your Submissions.

U.S. GOVERNMENT RIGHTS

 

Our services are “commercial items” as defined in Federal Acquisition Regulation

(“FAR”) 2.101. If our services are acquired by or on behalf of any agency not within

the Department of Defense (“DOD”), our services are subject to the terms of these

Terms of Use in accordance with FAR 12.212 (for computer software) and FAR

12.211 (for technical data). If our services are acquired by or on behalf of any

agency within the Department of Defense, our services are subject to the terms of

these Terms of Use in accordance with Defense Federal Acquisition Regulation

(“DFARS”) 227.72023. In addition, DFARS 252.2277015 applies to technical data

acquired by the DOD. This U.S. Government Rights clause is in lieu of, and

supersedes, any other FAR, DFARS, or other clause or provision that addresses

government rights in computer software or technical data under these Terms of Use.

SITE MANAGEMENT

 

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of

these Terms of Use; (2) take appropriate legal action against anyone who, in our

sole discretion, violates the law or these Terms of Use, including without limitation,

reporting such user to law enforcement authorities; (3) in our sole discretion and

without limitation, refuse, restrict access to, limit the availability of, or disable (to the

extent technologically feasible) any of your Contributions or any portion thereof; (4)

in our sole discretion and without limitation, notice, or liability, to remove from the

Site or otherwise disable all files and content that are excessive in size or are in any

way burdensome to our systems; and (5) otherwise manage the Site in a manner

designed to protect our rights and property and to facilitate the proper functioning of

the Site.

TERM AND TERMINATION

 

These Terms of Use shall remain in full force and effect while you use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE

OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING

BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON

OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF

ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE

TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY

TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR

DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU

POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

 

If we terminate or suspend your account for any reason, you are prohibited from

registering and creating a new account under your name, a fake or borrowed name,

or the name of any third party, even if you may be acting on behalf of the third party.

In addition to terminating or suspending your account, we reserve the right to take

appropriate legal action, including without limitation pursuing civil, criminal, and

injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

 

We reserve the right to change, modify, or remove the contents of the Site at any

time or for any reason at our sole discretion without notice. However, we have no

obligation to update any information on our Site. We also reserve the right to modify

or discontinue all or part of the Site without notice at any time. We will not be liable to

you or any third party for any modification, price change, suspension, or

discontinuance of the Site.  

 

We cannot guarantee the Site will be available at all times. We may experience

hardware, software, or other problems or need to perform maintenance related to the

Site, resulting in interruptions, delays, or errors. We reserve the right to change,

revise, update, suspend, discontinue, or otherwise modify the Site at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for

any loss, damage, or inconvenience caused by your inability to access or use the

Site during any downtime or discontinuance of the Site. Nothing in these Terms of

Use will be construed to obligate us to maintain and support the Site or to supply any

corrections, updates, or releases in connection therewith.

 

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in

accordance with the laws of the State of Texas applicable to agreements made and

to be entirely performed within the State of Texas, without regard to its conflict of law

principles.

 

DISPUTE RESOLUTION

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the

Dispute (except those Disputes expressly excluded below) will be finally and

exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT

THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND

HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the

Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,

where appropriate, the AAA’s Supplementary Procedures for Consumer Related

Disputes ("AAA Consumer Rules"), both of which are available at the AAA

website  www.adr.org . Your arbitration fees and your share of arbitrator

compensation shall be governed by the AAA Consumer Rules and, where

appropriate, limited by the AAA Consumer Rules. If such costs are determined to by

the arbitrator to be excessive, we will pay all arbitration fees and expenses. The

arbitration may be conducted in person, through the submission of documents, by

phone, or online. The arbitrator will make a decision in writing, but need not provide

a statement of reasons unless requested by either Party. The arbitrator must follow

applicable law, and any award may be challenged if the arbitrator fails to do so.

Except where otherwise required by the applicable AAA rules or applicable law, the

arbitration will take place in Travis, Texas. Except as otherwise provided herein, the

Parties may litigate in court to compel arbitration, stay proceedings pending

arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by

the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute

shall be commenced or prosecuted in the state and federal courts located

in Travis, Texas, and the Parties hereby consent to, and waive all defenses of lack of

personal jurisdiction, and forum non conveniens with respect to venue and

jurisdiction in such state and federal courts. Application of the United Nations

Convention on Contracts for the International Sale of Goods and the the Uniform

Computer Information Transaction Act (UCITA) are excluded from these Terms of

Use.

In no event shall any Dispute brought by either Party related in any way to the Site

be commenced more than one (1) years after the cause of action arose. If this

provision is found to be illegal or unenforceable, then neither Party will elect to

arbitrate any Dispute falling within that portion of this provision found to be illegal or

unenforceable and such Dispute shall be decided by a court of competent

jurisdiction within the courts listed for jurisdiction above, and the Parties agree to

submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the

Parties individually. To the full extent permitted by law, (a) no arbitration shall be

joined with any other proceeding; (b) there is no right or authority for any Dispute to

be arbitrated on a class-action basis or to utilize class action procedures; and (c)

there is no right or authority for any Dispute to be brought in a purported

representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions

concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or

concerning the validity of, any of the intellectual property rights of a Party; (b) any

Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or

unauthorized use; and (c) any claim for injunctive relief. If this provision is found to

be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute

falling within that portion of this provision found to be illegal or unenforceable and

such Dispute shall be decided by a court of competent jurisdiction within the courts

listed for jurisdiction above, and the Parties agree to submit to the personal

jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors,

inaccuracies, or omissions, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or

omissions and to change or update the information on the Site at any time, without

prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE

THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE

RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL

WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND

YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE

SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE

AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)

ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)

PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE

WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,

(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS

AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL

INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF

TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN

HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE

SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY

CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,

TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT

WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY

PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR

MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,

AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR

MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A

PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,

YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE

APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE

LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,

CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE

DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR

OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE

HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED

HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND

REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE

LIMITED TO $500.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL

LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE

EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY

TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY

NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,

affiliates, and all of our respective officers, agents, partners, and employees, from

and against any loss, damage, liability, claim, or demand, including reasonable

attorneys’ fees and expenses, made by any third party due to or arising out of: (1)

use of the Site; (2) breach of these Terms of Use; (3) any breach of your

representations and warranties set forth in these Terms of Use; (4) your violation of

the rights of a third party, including but not limited to intellectual property rights; or (5)

any overt harmful act toward any other user of the Site with whom you connected via

the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of

such claims. We will use reasonable efforts to notify you of any such claim, action, or

proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of

managing the performance of the Site, as well as data relating to your use of the

Site. Although we perform regular routine backups of data, you are solely

responsible for all data that you transmit or that relates to any activity you have

undertaken using the Site. You agree that we shall have no liability to you for any

loss or corruption of any such data, and you hereby waive any right of action against

us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute

electronic communications. You consent to receive electronic communications, and

you agree that all agreements, notices, disclosures, and other communications we

provide to you electronically, via email and on the Site, satisfy any legal requirement

that such communication be in writing. YOU HEREBY AGREE TO THE USE OF

ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,

AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF

TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You

hereby waive any rights or requirements under any statutes, regulations, rules,

ordinances, or other laws in any jurisdiction which require an original signature or

delivery or retention of non-electronic records, or to payments or the granting of

credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint

Assistance Unit of the Division of Consumer Services of the California Department of

Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento,

California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or

in respect to the Site constitute the entire agreement and understanding between

you and us. Our 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. These Terms of Use

operate to the fullest extent permissible by law. We may assign any or all of our

rights and obligations to others at any time. We shall not be responsible or liable for

any loss, damage, delay, or failure to act caused by any cause beyond our

reasonable control. If any provision or part of a provision of these Terms of Use is

determined to be unlawful, void, or unenforceable, that provision or part of the

provision is deemed severable from these Terms of Use and does not affect the

validity and enforceability of any remaining provisions. There is no joint venture,

partnership, employment or agency relationship created between you and us as a

result of these Terms of Use or use of the Site. You agree that these Terms of Use

will not be construed against us by virtue of having drafted them. You hereby waive

any and all defenses you may have based on the electronic form of these Terms of

Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information

regarding use of the Site, please contact us at:

Reach Platform Inc.

1621 E 6th St

Austin, TX 78702

United States

[email protected]