Date: March 31, 2011
Thank you for visiting www.reachable.com (“Reachable”), a website owned by Reachable, Inc., or its successors or assigns (“we” or “our” or the “Company”). By accessing or using Reachable, its services, information and tools (the “Services”), you are entering into a legally binding agreement in accordance with the terms and conditions set forth below (the “Agreement”). Therefore, we encourage you to read this thoroughly and carefully.
If you do not agree to be bound by this Agreement, do not submit any information and do not access, view download or otherwise use any of the Services.
If at any time you believe you are entitled or obligated to terms and conditions different from this Agreement and wish to use, or continue use, of the Services, you will promptly provide Company with detailed written notice at least thirty (30) days before you begin such use, or re-use, of the Services in a manner contrary to this Agreement, so that we may assess and provide a suitable manner to remedy the situation to the extent we deem necessary.
Before you use any of the Services, you must read and accept all of the terms and conditions of this Agreement. You agree that the terms of this Agreement, and any notices or amendments made pursuant this Agreement, apply whenever you access or use the Services.
You represent and warrant that you (i) have read this Agreement in its entirety, (ii) are over the age of 18, (iii) have not been previously suspended or removed from Reachable, (iv) are not prohibited from receiving U.S. origin products, including services or software, and (v) have the full power and authority to agree to the terms and conditions of this Agreement.
You agree to be solely responsible for activity performed under your username and password, except for any activity occurring after (i) you notify Company in writing of a breach (
) andprovide Company time, consistent with our practices, to close the account, or (ii) prove that such security was compromised solely as a result of our systems.
Content and Access
We do not control or verify the content you or others submit. Because the Services involve conveying information provided to Company from others, we cannot and will not, for the fees charged for our Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data provided thereby. Therefore, do not assume we will be able to provide you identical information the next time you access the Services, and recognize all information is provided “AS IS” and on an “AS AVAILABLE” basis. We reserve the right to add or discontinue information or the Services at any time and in our sole discretion.
You agree that you will not:
- violate any laws, third party rights or our policies;
- use our Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Services;
- “scrape,” “crawl” or “spider” any web pages contained in the Website;
- reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source coderelated to the Services;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes or otherwise use any information obtained from our Services to harass, abuse or harm anyone;
- distribute viruses or any other technologies that may harm Company, the Services or our users;
- seek to undermine or override any security component of the Services;
- intentionally interfere with our Services;
- impersonate another identity or otherwise misrepresent your qualifications, history or background;or,
- remove any copyright, trademark or other proprietary notice from the Services.
You hereby agree to indemnify and hold harmless Company and its affiliates, and our and their employees, officers and directors, from any damages, losses and costs (including, but not limited to, reasonable attorneys' and expert fees) related to claims, charges or investigations, caused by or resulting from (a) any breach of this Agreement, by you, (b) any submission by you that violates third party rights or applicable laws, (c) any use of the Services by you in violation of the law, and (d) any other any activity in which you engage on or through Reachable.
Use of Services
Conditioned upon your compliance with this Agreement, we grant you a revocable, nonexclusive, nonassignable and non-sublicenseable, right to access and use the Services solely as the Services exist and may be available at any given point in time. We reserve all rights not expressly granted herein.
We reserve the right to add or discontinue information or Services at any time and in our sole discretion.
You agree to use any information derived by you from the Service in a legal, professional and respectable manner solely to develop professional relationships. You agree that you shall only use the Services to help further your network and for no other purpose.
Your use of the Services, including any software related thereto is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining the required authorizations from the appropriate government authorities.
Disclaimer and Limitation of Liability
Do not assume we will be able to provide you identical information tomorrow. All information is provided “AS IS” and on an “AS AVAILABLE” basis. We do not guarantee the Services will function without interruption or error. We do not make any representations or warranties to you, express or implied, and to the fullest extent permissible disclaim such.
We do not verify identity of persons subscribing to the Services nor do we monitor every user’s every activity with respect to the Services. THEREFORE, WE DECLINE ALL LIABILITY FOR IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.
YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES EVEN, IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE, OUR EMPLOYEES, SHAREHOLDERS OR DIRECTORS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF AN AGGREGATE OF THE FEES PAID TO Company BY YOU, IRRESPECTIVE OF THE LEGAL THEORY OR CLAIM PURSUANT TO WHICH SUCH LIABILITY ARISES. If you are dissatisfied or harmed by Company or the Services, you may leave and/or terminate the Services. SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
The limitations of liability set forth in this Agreement do not apply to the extent otherwise mandated by applicable law that cannot be derogated from in this Agreement.
Amendments; Termination and Suspension
We may modify, supplement or replace the terms of this Agreement, effective upon posting at Reachable or by otherwise notifying you. By continuing to use the Services after notice of such changes or after such changes have been published on Reachable, you thereby consent to such modification and/or amendment to this Agreement.
We may terminate the Services and this Agreement for any or no cause, with or without notice. We may at our sole discretion terminate or suspend your account to the Services at any time, and we may prohibit you from accessing and/or using the Services.
Utah Law and Arbitration
This Agreement and any disputes arising out of or relating to the Services (“Disputes”) shall be governed by Utah law, excluding conflicts of law principles. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Salt Lake City, Utah, in English, with a written decision and legal reasoning issued by the arbitrator(s) at either party's request, and with arbitration fees and reasonable attorneys' fees of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
Notices. We may notify you via postings on www.reachable.com, and via email or any other means of communication to contact information you provide to Company. You may also notify Company via email at
or via mail or courier at Company, 308 East 4500 South, Suite 150, Murray, Utah, 84107 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
No Waivers. Company’ failure to act with respect to a breach by you or others does not waive its right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Reachable Affiliate shall be deemed legally binding on Company or any Reachable Affiliate, unless documented in a physical writing, hand signed by a duly appointed officer of Company.
Severability. If any provision of this Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of this Agreement.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially and you hereby consent to such assignment or delegation in advance. We may also substitute, by way of unilateral novation, effective upon notice to you in lieu of Company, any third party that assumes our rights and obligations under this Agreement.