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Terms of Use

Terms of Use

General

The Reachify service, including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) is owned, operated and distributed by Reachify, Inc., a Delaware corporation (referred to in these Terms of Use as “we” and through similar words such as “us,” “our,” etc.). By accessing OR USING any part of the SERVICE, you are agreeing to the terms and conditions described below (the "Terms of Use") AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY (the “Privacy Policy”), WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, YOU SHOULD not use the SERVICE. These Terms of Use apply to all users, including both users who are simply viewing content available via the Service and users who have subscribed for services and/or are contributors of content via the Service.

You agree that you will not: (a) copy or distribute any part of the Service in any medium without our prior written authorization; or (b) alter or modify any part of the Service in any manner except that you may contribute information that may be missing from the Service after receiving our written authorization. In order to access some features of the Service, you will have to create an account. You may never use another's account without permission. When creating your account, you represent and warrant to us that the information you provide is accurate and complete in all respects. You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you keep your password secure. You agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

You must be at least 13 years old to be authorized to register to use the Service. We may, at our sole discretion, modify these Terms of Use at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Use were last modified as of June 1, 2016.

Organizational Information

You may use the Service to disseminate information regarding the organization(s) for which you work (“Organizational Information”). Organizational Information is intended to be publicly disseminated via the Service and thus will be available to other users. By submitting any Organizational Information, you represent and warrant that such information is true, correct and complete and that you have all necessary rights and approvals to submit such Organizational Information and that the public dissemination of such Organizational Information will not violate the terms of any applicable contract or law. You further acknowledge that you are responsible for reviewing Organizational Information on a regular basis and updating it to ensure that it remains accurate.

User Submissions and Third Party Content, Products and Services

Content (as hereinafter defined) submitted by users for transmission through, or inclusion on, the Service (including, without limitation, Organizational Information) is referred to in these Terms of Use as “User Submissions.” Whether or not such User Submissions are transmitted or published, they will be subject to these Terms of Use. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Submissions (and all Content included therein), including the right to authorize us to use the User Submissions in the manner contemplated by the Service and these Terms of Use.

You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to us, you hereby grant us an irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in any media formats now or hereafter created and through any media channels now or hereafter created. You also hereby grant each user of the Service a non-exclusive license to access your User Submissions through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service and under these Terms of Use.

We expressly disclaim any and all liability in connection with User Submissions. We reserve the right to remove Content and User Submissions without prior notice (or to refuse to transmit or publish any User Submission) for any reason, and to terminate or refuse a User's access to the Service for any reason.

We will not tolerate violations of intellectual property rights. If you are a copyright owner and believe that any User Submission or other Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide us notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." at Reachify Inc., 132 E. 43rd Street, Suite 211, New York, NY 10017 or by email to copyrights@reachify.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512 ). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing upon your copyright.

The Service may contain links to third party websites that are not owned or controlled by us, including third party websites from which you can purchase products discussed on the Service. In addition, the Service allows you to research products and services offered by other users and other third parties. You acknowledge and agree that we have no control over such third parties, are not responsible for any products or services they may offer or any Organizational Information or other information they may provide (collectively, “Third Party Content, Products and Services”). We shall not be responsible or liable, directly or indirectly, for any damage, injury or loss caused or alleged to be caused by or in connection with any Third Party Content, Products and Services.

Intellectual Property Rights

Except where otherwise indicated, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. In addition, the compilation and presentation of the Content on the Service is subject to copyright owned exclusively by us. Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.

Warranty Disclaimer and Limitation of Liability

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE. WE DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR 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 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.

IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE OF) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is controlled and offered by us from our facilities in the United States of America. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Use and your use of the Service.

Code of Conduct for Users

You may not use the Service for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by us. In furtherance, and not in limitation, of the foregoing, you agree not to take any of the following actions in connection with your use of the Service: (i) abuse, harass, threaten, impersonate or intimidate others; (ii) contribute any User Submission that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party; (iii) engage in any activity intended to obtain password, account, or private information from any user; (iv) transmit unwanted email or other communications; (v) submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops) or off-topic content; (vi) take any action that might impose an unreasonable or disproportionately large load on our infrastructure; (vii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (viii) bypass any measures we may use to prevent or restrict access to the Service. You will not post on the Service, or transmit to other Users via the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, discriminatory, racially offensive or illegal material.

Fees

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.

Miscellaneous

You agree that the Service shall be deemed a passive service based solely in New York and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal laws of the State of New York, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service or our services shall be subject to the exclusive jurisdiction of the federal and State courts located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by us on the Service or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Service and our services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE service or the WEB SITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.

Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.