Reach150 Terms of Service
Date of Last Revision: March 7, 2012
These Terms of Service govern our relationship with users and others who interact with Reach150. By using or accessing Reach150, you agree to these Terms of Service.
Age Requirement for Use of Reach150: Reach150 is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these Terms of Service with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
1. Description of Reach150
means the features and services we make available, including through (a) our website at reach150.com and any other Reach150 branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our platform; (c) social plugins such as the like button, the share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- User means individuals who provide Recommendations of Reach150 Subscribers. It also means individuals who read Recommendations and contact Reach150 Subscribers and Reach150 Clients.
- Subscriber means individuals and Reach150 Clients that solicit Recommendations.
- Client means the company who contracts with Reach150. From time to time, the Client is also the Subscriber.
- Recommendation means the content a User provides to a Subscriber via the Recommendations entry form. All content submitted in this form constitutes the recommendation and currently includes recommendation body, name, title or role, and photo of you, the User. It also includes time and date of submission.
- Profile means the publicly viewable web page that includes your photo, bio and contact information provided by you (or by us if asked to by you). It also includes but is not limited to your published recommendations, and links to other Subscribers who are part of the same Client if any.
3. Specific Terms for Users
When you provide a Recommendation to the Subscriber or Client who invited you to contribute the Recommendation, you are providing content that they can use as they see fit in accordance with our "Terms for Subscribers" and our "Terms for Clients," each of which is below. In addition:
- 1. For content that is covered by intellectual property rights, you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any intellectual property content that you post on or in connection with Reach150 (the "IP License").
- 2. You cannot delete your Recommendation. You can request that it be removed by contacting the Reach150 Subscriber or Client and asking them to remove it from public view. When it is removed, it is hidden from public view rather than deleted. You understand that hidden content may persist in backup copies for an indefinite period of time (but will not be available to others unless the Subscriber or Client publishes it again).
- 3. Your content may be shared on social networks such as Facebook and Twitter, and indexed and archived in search engines functions. Reach150 has no control of these systems and you understand that it is not possible for Reach150 to remove your post from these services.
- 4. When you publish a Recommendation, it means that you are allowing everyone, including people off of Reach150, to access and use that information, and to associate it with you (i.e., your name, title, and photo if provided by you).
- 5. You are not required to provide Recommendations; however, if you do provide a Recommendation, it must be truthful.
- 6. The Subscriber or Client can hide any Recommendation for any reason. Reach150 does not control what is published. Only the Subscriber and Client control what is published.
- 7. As a provider of Recommendations, you are not required and cannot create an account with us. For this reason once you contribute a recommendation you cannot edit it nor can you delete it. You need to contact the recipient of the Recommendation (the Subscriber) to hide the Recommendation if you wish to re-submit it or have it removed from public viewing.
- 8. We always appreciate your feedback or other suggestions about Reach150, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
4. Specific Terms for Users who Read Reach150 Recommendations
Reach150 is a service that enables Clients and Subscribers to collect positive only Recommendations. We encourage our Subscribers and Clients to behave truthfully and require them to comply with our Terms for Subscribers and Terms for Clients. In addition:
- 1. Reach150 does not guarantee the accuracy of the Recommendations and other content presented on Reach150.
- 2. Reach150 does not guarantee the authenticity of the Reach150 Subscriber or Client.
- 3. You understand that any interaction that you take with the Reach150 Subscriber or Client is done so at your own risk.
- 4. You understand that any information that you provide to the Subscriber or Client through the "Contact Me" or "Contact Us" functions will be provided to the Subscriber or the Client by Reach150.
5. Specific Terms for Subscribers
Reach150 was designed to enable you to have control of who publishes Recommendations about you and what you publish on your Reach150 Profile:
- 1. Reach150 does not guarantee the accuracy of the Recommendations and other content presented on Reach150. You are responsible for your profile and any information that is shared on Reach150.
- 2. If a Client (e.g., your employer) creates your account on your behalf, your public profile may become immediately available as it is assumed that the Client has the authority to do so. If you wish your account to be removed, you need to ask the Client (e.g., your employer) to do so.
- 3. You understand that your profile is publicly visible to anyone.
- 4. You understand that your profile is indexed by Search engines and can be found when someone searches for you by name.
- 5. You understand that your Profile can be shared on social networks such as Facebook and Twitter.
- 6. Reach150 does not guarantee the authenticity of Users who contact you through Reach150. You understand that any interaction that you take with Reach150 Users, Subscribers or Clients is done so at your own risk.
- 7. You understand that any information that you provide to Users, Clients or Subscribers is done at your own risk.
- 8. You will not post false Recommendations about yourself.
- 9. You will not provide incentives for others to post Recommendations about you.
- 10. You will have the opportunity to link your profile to a personal account. This will provide you permanent access to your Recommendations.
- 11. If your Profile is removed by the Client, you will retain your recommendations in your Pro account. These recommendations will continue to link to the Client's profile.
- 12. You will not publish Recommendations that you know to be untrue.
- 13. You understand that with our Pro product or if you behave as the Client and the Subscriber on Reach150, you will also adhere to the Specific Terms for Clients.
- 14. You understand that you must comply with out Safety Rules as described below.
6. Specific Terms for Clients
Reach150 was designed to enable you and your customer facing staff to collect and publish Recommendations. As such:
- 1. You are responsible for the content of your company profile.
- 2. You are responsible for the content of your Subscribers profiles.
- 3. You are responsible to add and remove Subscribers in a timely manner who are part of your Reach150 deployment. When you add a Subscriber to your deployment, it is assumed that you have the authority to create a public profile on the Subscriber's behalf.
- 4. You understand that any interaction with Users or Subscribers is done at your own risk.
- 5. You understand that your Subscribers may have permanent access to the Recommendations that are published in their profiles at the time their profile is terminated. These Recommendations will link back to your Reach150 company profile.
7. Safety Rules for Users, Subscribers and Clients
We do our best to keep Reach150 safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- 1. You will not send or otherwise post unauthorized commercial communications (such as spam) on Reach150.
- 2. You will not collect users' content or information, or otherwise access Reach150, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- 3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Reach150.
- 4. You will not upload viruses or other malicious code.
- 5. You will not solicit login information or access an account belonging to someone else.
- 6. You will not use Reach150 to bully, intimidate, or harass any user, including any minor.
- 7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- 8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
- 9. You will not use Reach150 to do anything unlawful, misleading, malicious, or discriminatory.
- 10. You will not do anything that could disable, overburden, or impair the proper working of Reach150, such as a denial of service attack.
- 11. You will not accept any payment or special consideration in exchange for your Recommendation.
- 12. You will not use Reach150 to violate applicable federal, state and international laws
- 13. You will not use Reach150 to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via Reach150.
- 14. You will not facilitate or encourage any violations of these Terms of Service.
In addition, you will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise negatively impact Reach150.
The foregoing rules set the minimum level of conduct that we expect from users of Reach150. We also ask that you use common sense and be considerate towards other users. We reserve the right, at our sole discretion, to suspend or terminate your right to use Reach150 if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive.
8. Registration and Account Security
Reach150 Subscribers and Clients provide their real names and information. Here are some commitments you make to us relating to registering and maintaining the security of your account:
- 1. You will not provide any false personal information on Reach150, or create an account for anyone other than yourself without permission.
- 2. If we disable your account, you will not create another one without our permission.
- 3. You will not use Reach150 if you are under 13.
- 4. You will keep your contact information accurate and up-to-date.
- 5. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
You will not transfer your account to anyone without first getting our written permission.
9. Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- 1. You will not post content or take any action on Reach150 that infringes or violates someone else's rights or otherwise violates the law.
- 2. We can remove any content or information you post on Reach150 if we believe that it violates these Terms of Service.
- 3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- 4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- 5. You will not use our copyrights or trademarks (including Reach150 or the Reach150 Logos), or any confusingly similar marks, without our written permission.
- 7. You will not post anyone's identification documents or sensitive financial information on Reach150.
- 8. You will not tag users or send email invitations to non-users without their consent.
10. Enforcement of These Terms of Service
Except as described in this Section, any other use of Reach150 violates the terms and conditions of these Terms of Service for Reach150 and is strictly prohibited. We will pursue our legal and other rights against violators to the full extent permitted under applicable state and federal laws. In addition, you agree that Reach150 Social, Inc. has the right, without liability to you, to disclose any account information to law enforcement authorities, government officials, and/or a third party, as Reach150 Social, Inc. believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Reach150 Social's right to cooperate with any legal process relating to your use of Reach150, and/or a third party claim that your use of Reach150 is unlawful and/or infringes such third party's rights).
We can change these Terms of Service if we provide you notice (by posting the change on the Reach150 Terms page)
If you violate the letter or spirit of these Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Reach150 to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
13. Disputes; Indemnification; Limitations of Liability
- 1. Dispute Resolution. Any dispute or controversy arising under or in connection with this Agreement shall be fully and finally resolved solely by binding arbitration conducted in Santa Clara County, California under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator's name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.
- 2. Indemnification. You agree to indemnify, defend and hold harmless Reach150 Social, Inc. from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to:
- a. your use of Reach150;
- b. your breach of this Agreement or any representation, warranty or covenant made by you herein or therein; or
- c. your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander.
- This indemnification obligation survives any termination of this Agreement.
- 3. Disclaimer of Warranties. WE TRY TO KEEP Reach150 UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING Reach150 AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT Reach150 WILL BE SAFE OR SECURE. Reach150 IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
- 4. Limitation of Liability. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR Reach150, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF SERVICE OR Reach150 WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Reach150 Social's LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- 1. You consent to having your personal data transferred to and processed in the United States.
- 2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Reach150 (such as advertising or payments) or operate a platform application or website.
- 1. If you are a resident of or have your principal place of business in the US or Canada, these Terms of Service are an agreement between you and Reach150 Social, Inc.
- 2. TheseTerms of Service makes up the entire agreement between the parties regarding Reach150, and supersedes any prior agreements.
- 3. Performance of Reach150 may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.
- 4. If any portion of these Terms of Service is found to be unenforceable, the remaining portion will remain in full force and effect.
- 5. If we fail to enforce any part of these Terms of Service, it will not be considered a waiver.
- 6. Any amendment to or waiver of these Terms of Service must be made in writing and signed by us.
- 7. You will not transfer any of your rights or obligations under these Terms of Service to anyone else without our consent.
- 8. All of our rights and obligations under these Terms of Service are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- 9. Nothing in theseTerms of Service shall prevent us from complying with the law.
- 10. These Terms of Service do not confer any third party beneficiary rights.
- 11. You will comply with all applicable laws when using or accessing Reach150.