Reach Advance Terms and Conditions
Last Updated: March 16, 2021
Reach Advance, LLC (“Reach Advance,”) is a company that engages in social media management and related services. We or us as used herein shall refer to Reach Advance. The Reach Advance Internet site, all related sites and mobile applications, if any, and the various content, features, and services (the. “Services”) offered on and in connection with these sites and applications (the “Sites”), are owned and operated by Reach Advance and can only be accessed and used by you under the Terms and Conditions described below (“Terms and Conditions”). These Terms and Conditions are hereby incorporated by reference in each Credit Card Authorization Summary form provided by Reach Advance to you (“Authorization Form”, and together with the “Terms and Conditions,” the “Agreement”).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, OR BY CLICKING “I AGREE” OR SIMILAR ACCEPTANCE LANGUAGE ON OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
1. MODIFICATIONS OF TERMS AND CONDITIONS
Reach Advance may, in its sole discretion, modify these Terms and Conditions at any time effective upon posting the modified Terms and Conditions on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes. If you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide Reach Advance notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS AND CONDITIONS.
2. USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms and Conditions, Reach Advance grants authorized users a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in these Terms and Conditions, without the express written consent of Reach Advance. Reach Advance may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Reach Advance shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
3. USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any portion of the Site and Services, (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by Reach Advance. By way of example, and not as a limitation, you agree not to:
- violate these Terms and Conditions, other applicable agreement with Reach Advance, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
- use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights; use the Sites and Services or its Content for any purposes not authorized by these Terms and Conditions, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation; reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of Reach Advance, which consent may be withheld by Reach Advance in our sole discretion; post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services; harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with Reach Advance, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating; knowingly provide or submit false or misleading information;
- use the Sites and Services if you are under the age of eighteen (18); take any action that would undermine the review and rating process under the Sites and Services; attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
- use the Sites and Services in any way that could interfere with the rights of Reach Advance or the rights of other users of the Sites and Services; attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by Reach Advance by hacking, password ‘mining’ or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user; sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms and Conditions; transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services; access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any ‘deep-link’, ‘scraper’, ‘robot’, ‘spider’ or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
- probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of Reach Advance, including any Reach Advance account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Reach Advance and provided for by the Sites and Services.
4. REACH ADVANCE’S SERVICES
a. Subscription Details:
- Platform Access. If you subscribe to our basic subscription service, you will be given access to our online platform (the “Platform”) on a month-to-month recurring subscription at the monthly price disclosed to you at the time you subscribe to our Service on our Platform or Site. All basic subscriptions to the Platform do not include access to our Facebook Brand Awareness Package. Our Facebook Brand Awareness Package is a separate service as provided in Section 4(a)(ii) below. We may also offer you the chance to pay a lump sum amount, which is inclusive of a reduced price from our monthly standard subscription rates, for access to the Platform for a mutually agreed period of time in writing (email sufficing). You agree that if you pre-pay a lump sum payment for Platform access, the lump sum prepayment is non-refundable after twenty-four (24) hours from the time Reach Advance charges your payment source (“Payment Source”) for the lump sum pre-payment. You further agree that your subscription will automatically convert to a month-to-month subscription after the mutually agreed period of time has expired, and the price will be the standard monthly price disclosed to you at the time you sign up for our basic subscription Service, until you cancel in accordance with Section 4(b) below.
- Facebook Brand Awareness Package Add-On. If you sign up for a subscription to the Platform, you agree and understand that our Facebook Brand Awareness Package is a separate service that is not included with your subscription to our basic service subscription as further described in 4(a)(i) above. To receive the Facebook Brand Awareness Package, you must first (a) register and sign up for the Facebook Brand Awareness Package on our Platform or Site, (b) be approved by Reach Advance in writing (email sufficing) to receive the Facebook Brand Awareness Package, (c) pre-pay a non-refundable fee to receive the Facebook Brand Awareness Package and access to the Platform for the period of time disclosed to you in writing (“Commitment Period”) at the time you sign up for the Facebook Brand Awareness Package on our Platform or Site, and (d) return a signed credit card authorization form to Reach Advance with all of requested information, which must be truthfully and accurately provided by you to us. You agree and understand that the Commitment Period shall be for a minimum of three (3) months for each Facebook Brand Awareness campaign, and that the duration of the Commitment Period will be disclosed to you on the credit card authorization form sent by Reach Advance to you when you register to receive the Facebook Brand Awareness Package along with the lump sum payment due and owing upon registering for the Facebook Brand Awareness Package. The Facebook Brand Awareness Package includes all Service expressly stated on the credit card authorization form and it also includes access to our Platform. The Facebook Brand Awareness Package subscription requires a prepaid, lump sum, non-refundable payment, which is due at the time you sign up for the Facebook Brand Awareness Package. You agree, understand, and acknowledge that prepaid fees for the Facebook Brand Awareness Package are non-refundable after twenty-four (24) hours from the time Reach Advance charges your Payment Source for the pre-payment, and Reach Advance shall not be liable to refund any prepaid fees for the Facebook Brand Awareness Package Commitment Period after this twenty-four (24) hour period, regardless if you have terminated the Facebook Brand Awareness Package before the end of the Commitment Period. At the end of the Commitment Period, your subscription will be automatically converted to a month-to-month subscription with Platform access only, unless you cancel in accordance with Section 4(b) below. If you cancel your Facebook Brand Awareness Service, you will no longer have access to the Facebook Brand Awareness Package Service, unless you register for a new Commitment Period to receive the Facebook Brand Awareness Package Service in accordance with all terms in Section 4(a)(i) above.
b. Payment & Cancellation Policies:
Reach Advance charges your payment source (“Payment Source”) on the first day you subscribe to receive our Service, and on the first date you subscribe to our Facebook Brand Awareness Package. If you sign up for the Facebook Brand Awareness Package and you are currently a subscriber of our basic Service granting you access to our Platform, then (i) your Payment Source will be refunded on a pro rata basis for unused days in the remainder of the month of your basic subscription, and (ii) your Payment Source will be charged for the total amount disclosed to you by Reach Advance in writing at the time you sign up for the Facebook Brand Awareness Package. For any month-to-month subscription, you will continue to be billed automatically by direct deduction from your Payment Source on the monthly anniversary day of every subsequent month. Reach Advance may raise your monthly subscription fee, provided that you are given at least thirty (30) days prior written notice (email sufficing) prior to any increase in monthly subscription fee taking affect. Changes to our Services, including but not limited to, expanding the scope of Services provided to you, may be subject to rate changes. The monthly fee for Services, or if you have added the Facebook Brand Awareness Package then the Facebook Brand Awareness Package fee, is due in advance of the delivery of Services. You agree that in the event a Service is terminated by you or us, any payment paid in advance will be not be reimbursed, and Reach Advance shall have no obligation to refund you any payment paid in advance, including but not limited to, prepaid fees for the Facebook Brand Awareness Package. For the Facebook Brand Awareness Package, you agree and accept that prepaid fees are non-refundable after twenty-four (24) hours from the time Reach Advance charges your Payment Source for the pre-payment, and that Reach Advance shall have no liability or obligation whatsoever to refund you any payments you made when you sign up for Reach Advance to provide Facebook advertising services after this twenty-four (24) hour period. If you pause or cancel any Facebook advertising Service we provide, you acknowledge and agree that no refund will be issued for any pre-paid amounts.
You may cancel your month-to-month basic subscription and/or your Facebook Brand Awareness Package subscription at any time by giving us at least three (3) business days prior written notice by emailing us at email@example.com or calling us at (888) 201-5890. Prepaid fees will not be refunded regardless of any cancellation request. You will also not be refunded any unused days of the month in which your cancellation request is effective.
It is your responsibility to update us with any and all changes to your customer information, including but not limited to, your personal and professional contact information, your subscribed website address, and your payment information.
If your payment fails for any reason, your marketing may remain online for up to 30 days as we contact you to collect updated payment information. This in no way negates your obligation to pay any and all monies owed to Reach Advance, or waives our right to collect monies owed to us. If your account is not brought current within 30 days we may turn off your marketing and turn your account over to a collections agency or file a lawsuit.
All cancellations must be requested at least three 3 business days prior to monthly anniversary date by calling. If notice of cancellation is not given within said time frame, Reach Advance cannot prevent automatic charge to the account. Set up fees and monthly charges are non-refundable, a reimbursement may be made to your account at our discretion.
For more information regarding subscription details please contact us.
Please note: Your account(s) will remain active, and charges will continue to accrue until a cancellation request has been received by us in writing.
c. Facebook Business Page Services – Creatives, Marketing, and Authoring of Posts:
Reach Advance does not currently offer any lead generation services for Facebook pages. By signing up to receive Facebook marketing services from us, you agree that the sole purpose of each Facebook marketing campaign will be to generate brand awareness. Our Platform provides various services such as auto-posting, listing videos, e-flyers, Facebook cover video creation and account management services. By registering and subscribing to our Brand Awareness Package, you agree to a minimum three (3) month commitment, or longer term Commitment Period if mutually agreed by you and us in writing, and that all fees for the Commitment Period must be prepaid. All prepaid fees are non-refundable after twenty-four (24) hours from the time Reach Advance charges your Payment Source for the pre-payment, including but not limited to, the fees that are prepaid for the Facebook Brand Awareness Package Commitment Period.
We do extensive research to determine the best content and creatives for your Facebook Business Page. We work with every client to improve the content of their Facebook Business Page to give the best impression for the client’s target market. We may analyze different types of content and ad copies specific to your target audience to give you the best exposure.
While it is our goal to maximize your exposure on Facebook, we cannot guarantee the number of likes on your page, any number of hits, clicks, leads, or new clients as a result of your online marketing. There may be events outside of our control that temporarily inhibit our ability to secure traffic to your Facebook Business Page. These events could include, but are not limited to, Facebook system updates, Facebook account reviews, and any other events out of the control of Reach Advance.
Reach Advance has no control over the content or authenticity of your Facebook Business Page and has no means of tracking resulting new clients from your online marketing. You are solely responsible for tracking your results.
Reach Advance is not an entity of, nor directly affiliated with, Facebook. We are an independent marketing firm that specializes in social media on Facebook.
d. Customizable Websites:
To further our clients’ marketing portfolio, our Service includes the ability to create, host, and maintain customizable websites. While Reach Advance websites are active and online the majority of the time, sites may come offline momentarily due to system updates, maintenance, internet outages, etc.
It is the client’s responsibility to provide any/all website content, including but not limited to any/all verbiage, company logos, and images that do not violate copyright laws. Reach Advance is not responsible for the content of any customizable websites. Please allow between two and ten business days, depending on the complexity of your request, for customizations to be completed.
For more information regarding customizable websites, please contact us.
5. TERMINATION OF ACCESS
Reach Advance may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Reach Advance reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that Reach Advance may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Reach Advance.
All provisions of these Terms and Conditions which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
6. CONSUMER RIGHTS NOTICE
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by Reach Advance, LLC, 7162 BEVERLY BLVD #580, LOS ANGELES CA 90036. If You have any questions, concerns, or complaints regarding the Services, please contact Reach Advance by either sending: (i) an email to Reach Advance; or (ii) a letter, first class certified mail, to Reach Advance at the address above.
You may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
7. TRADEMARKS AND COPYRIGHTS
Reach Advance, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Reach Advance. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protected by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Reach Advance and/or its licensors and are protected by all United States and international copyright laws.
You agree that Reach Advance may communicate any notices to You under these Terms and Conditions, through electronic mail, regular mail or posting the notices on the Site. All notices to Reach Advance will be provided by either sending: (i) an email; or (ii) a letter, first class certified mail, to Reach Advance at the address listed above. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), Reach Advance will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
Reach Advance, LLC
7162 BEVERLY BLVD #580
LOS ANGELES CA 90036
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site; identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Reach Advance will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
9. DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Reach Advance is not responsible for any delays, failures or other damage resulting from such problems.
10. WARRANTIES AND DISCLAIMER
You acknowledge that Reach Advance has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Reach Advance from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Reach Advance makes no representations concerning any content contained in or accessed through the Sites and Services, and Reach Advance will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Reach Advance makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER REACH ADVANCE NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF REACH ADVANCE, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL REACH ADVANCE OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL REACH ADVANCE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACH ADVANCE OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, REACH ADVANCE DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, REACH ADVANCE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
REACH ADVANCE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND REACH ADVANCE HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
Reach Advance has no control over and no duty to take any action regarding: the effectiveness of our marketing; how many clients you obtain; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Reach Advance from all liability for you having acquired or not acquired Content through the Sites and Services. Reach Advance makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Reach Advance will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.
The Sites and Services may display links to other Internet sites or resources. Because Reach Advance has no control over such sites and resources, you acknowledge and agree that Reach Advance is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
You further acknowledge and agree that Reach Advance shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify, defend and hold harmless Reach Advance, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms and Conditions by you; (b) the inaccurate or untruthful Content or other information provided by you to Reach Advance or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Reach Advance will have sole control of the defense of any such damage or claim.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT REACH ADVANCE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF REACH ADVANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE OR EFFECTIVENESS OF LACK OF EFFECTIVENESS OF THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY REACH ADVANCE OR THE FAILURE OF REACH ADVANCE TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY THIRD PARTIES (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
THEREFORE, TO THE EXTENT REACH ADVANCE IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, REACH ADVANCE’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE FEE YOU PAID FOR THE SERVICE THAT IS THE SUBJECT OF THE CLAIM.
13. ENTIRE AGREEMENT
14. GOVERNING LAW
These Terms and Conditions and the relationship between You and Reach Advance will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Site or Service or these Terms and Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.’’
All disputes arising hereunder shall be resolved by binding arbitration in accordance with the AAA Commercial Arbitration Rules, with such arbitration to be held in Los Angeles, CA in front of one arbitrator.
If you breach any term of these Terms and Conditions or other agreement with Reach Advance, Reach Advance may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Reach Advance’s remedies are cumulative and not exclusive. Failure of Reach Advance to exercise any remedy or enforce any portion of the Terms and Conditions at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. These Terms and Conditions are not assignable, transferable or sublicensable by you except with Reach Advance’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. You are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Reach Advance as a result of these Terms and Conditions or use of the Sites and Services. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms and Conditions.
16. CONTACTING US
If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Service, please contact us at firstname.lastname@example.org. We will address any issue to the best of our abilities.