REACH DIGITAL, LLC, a California limited liability company (“Reach Agency,” “we,” “us,” or “our”), through our website http://www.Reach.Agency (the “Website”), provides resources for its users (collectively, the “Services”). The use of the Services are subject to the following Terms of Use (the “Terms”), which may be updated by Reach Agency from time to time.
“Reach Agency Parties” means Reach Agency or its affiliates, or their respective shareholders, directors, officers, employees, contractors, agents, representatives, or their respective successors and/or assigns, each being a “Reach Agency Party.” “Website Elements” means each of the Website, Content, Services, and any other element on or relating to the Website, and “Website Element” means any of the foregoing.
By accessing the Website, including the content made available on the Website (the “Content,” as defined in Section 1, below), and/or using the Services in any way, you are agreeing to comply with and be bound by these Terms. In addition, these Terms, including Reach Agency’s Privacy Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Website (collectively, the “Additional Terms”) are hereby incorporated by reference into these Terms. By using or visiting the Website, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws, guidelines, and regulations governing the Website.
It is your responsibility to periodically review these Terms. Nevertheless, Reach Agency reserves the right, at any time, to change these Terms by publishing notice of such changes on the Website. Any use of the Website and/or Services by you after Reach Agency’s publication of any such changes shall constitute your acceptance of these Terms, as modified. You agree that Reach Agency is permitted to access and use any other information provided by you to perform the Services, including any Personally Identifiable Information (as defined in Reach Agency’s Privacy Policy), and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Services provided to you by Reach Agency .
1. Website Access: For purposes of these Terms, “Content” includes any text, message, data, photograph, image, graphic, information, audio/video files or other material on the Website and the related trademarks, service marks, logos, insignias and other intellectual property contained therein. As between you and Reach Agency, the Content on the Website, is owned by or licensed to Reach Agency , subject to copyright and other intellectual property rights under the law. Without limitation, this includes the Reach Agency brand name, as well as any and all Reach Agency trademarks and service marks used on or by the Website. Content also includes the “look and feel” of the Website (including its design, layout, color combinations, button shapes and other graphical elements). Content on the Website is provided to you “as is” for your information in connection with your use of the Services. Reach Agency grants you a limited, revocable, nonexclusive, non-transferable right to access the Website and Content and utilize certain Services for your own personal use only, and not to modify the Website, or any portion thereof (other than as expressly permitted by Reach Agency). Except as expressly stated in these Terms, you are not granted any right or license, by implication, estoppel, or otherwise, in or to any patent, service mark, trademark, copyright, or proprietary right of Reach Agency or any third party, in connection with your use of the Website and any Content provided by Reach Agency or any third party on the Website. Elements of the Website, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other state and federal laws and may not be copied or imitated in whole or in part. Violation of these Terms, including without limitation modification or use of Content on the Website for any purpose other than those permitted in these Terms, shall result in the automatic termination, without notice to you, of your license to access the Website and utilize the Services, and also may constitute the infringement of Reach Agency’s copyright, service mark, trademark and/or other rights. You shall not attempt to access any other Reach Agency’s systems, programs or data that are not made available for public use.
2. Restrictions on Use of Website: You agree that in connection with your use of the Website, you will not do any of the following:
2.1 Circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content, or enforce limitations on use of the Website or the Content.
2.2 Copy, reproduce, republish, upload, post, transmit, or distribute in any way any Content without Reach Agency’s written permission, other than as expressly allowed by Reach Agency.
2.3 Use any data scraping, mining, robots, spiders, or similar data gathering and extraction methods within the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without Reach Agency’s prior written consent.
2.4 Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website.
2.5 Use any meta tags or any other “hidden text” utilizing Reach Agency’s name or any substantially similar name without Reach Agency’s express written consent.
2.6 Take any action that imposes or may impose (in Reach Agency’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
3. Third Party Websites: The Website may contain links to other websites (“Third Party Websites”), including without limitation websites that sell products discussed or featured on the Website, which Third Party Websites are completely independent of this Website and are provided to you only as a convenience. Reach Agency makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in, or the products or services provided or sold by, any such Third Party Website. Your visiting, or linking to any Third Party Websites is at your own risk and you acknowledge that you bear all risks associated with access to and use of any content, information, data, advertising, products, services, or materials on or available through such Third Party Websites, and your access to and use of such Third Party Websites is subject to the terms and conditions of use applicable to such Third Party Website. You agree that Reach Agency Parties are not responsible for any loss or damage of any sort you may incur from dealing with any Third Party Website. Accordingly, we strongly encourage you to become familiar with the terms of use and practices of any linked site.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR ANY OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
4. Limitations on Services: You acknowledge that Reach Agency may establish limits concerning use of the Services and reserves the right at any time to modify or discontinue the Services (or any part thereof), with or without notice, including but not limited to the functionality or hours of availability, the equipment needed for its access or use, or its pricing. Reach Agency shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. YOU ACKNOWLEDGE THAT REACH AGENCY IS NOT RESPONSIBLE OR LIABLE FOR YOUR USE OF ANY OF SERVICES.
5. Termination of Services: Notwithstanding anything contrary in these Terms, Reach Agency reserves the right, without notice and in its sole discretion, to suspend or terminate your ability to use the Website (which would include deleting or deactivating your account, blocking your email or IP address, and/or blocking or preventing your future access to and use of the Website). You agree that Reach Agency shall not be liable to you or any third party for any suspension or termination of your access to the Website. Further, you agree not to attempt to use the Website after said suspension or termination unless you have received prior written permission from Reach Agency. Upon any termination, you must promptly destroy all Content downloaded or otherwise obtained from this Website, as well as all copies of such Content, whether made under these Terms or otherwise.
6. Privacy and Information Disclosure: You acknowledge and agree that Reach Agency’s Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of these Terms.
7. Ownership:
7.1 Website Content. This Website is owned and operated by Reach Agency. All right, title and interest in and to the Content provided on this Website are owned either by Reach Agency or by third party authors, developers, or vendors and licensed to Reach Agency (“Third Party Providers”). Except as otherwise expressly provided by Reach Agency, none of the Content may be republished, reproduced, uploaded, displayed, posted, distributed, or transmitted, in any way, including without limitation on any other website or in a networked computer environment, and nothing on this Website shall be construed to confer any license under any of Reach Agency’s intellectual property rights, whether by implication, estoppel, or otherwise. You further acknowledge that you do not acquire any ownership rights by using the Website or the Content. Any rights not expressly granted herein to you are hereby reserved by Reach Agency.
7.2 Copyrights. All Website design, graphics, and the selection and arrangement thereof, are owned by Reach Agency. Copyright © 2022, REACH DIGITAL, LLC ALL RIGHTS RESERVED.
7.3 Trademarks. Reach Agency’s logo, and all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Reach Agency. All other trademarks, service marks, product names and company names or logos cited herein are the property of their respective owners. The trademarks, logos, and service marks displayed on the Website (collectively the “Trademarks”) are the registered and unregistered trademarks of Reach Agency, Reach Agency’s licensors and suppliers, and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the express written permission of Reach Agency, Reach Agency’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Reach Agency will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
8. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
8.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
8.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
8.3 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 the service provider to locate the material;
8.4 Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
8.5 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 owner, its agent, or the law; and
8.6 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 Agency’s designated Copyright Agent to receive notifications of claimed infringement is:
Wolf, Rifkin, Shapiro, Schulman & Rabkin, LLP
11400 W. Olympic Blvd., 9th Floor
Los Angeles, California 90064
Attn: Matthew E. Wolf, Esq.
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Reach Agency’s customer service at info@Reach.Agency. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
9. Warranty Matters and Liability of Reach Agency. No representations or warranties, express or implied, are given regarding the Website Elements, or your use of the Website Elements. Reach Agency’s liability is limited strictly to amounts actually paid by you to Reach Agency in connection with the purchase of Services. If you are not satisfied with our service please contact our customer service department at info@Reach.Agency. Without limiting the generality of the foregoing, you agree that use of the Website Elements is entirely at your own risk. Reach Agency assumes no responsibility for errors or omissions in the Website Elements or any Third Party Website. The Website Elements are provided on an “AS IS” or “AS AVAILABLE” basis, without any warranties of any kind. Reach Agency does not warrant the quality, accuracy, functionality, performance, merchantability, security, reliability, completeness, or timeliness of the Website Elements or any other information, text, graphics, links or other items contained within the Website Elements. To the fullest extent permitted by law company disclaims any warranties for and does not assume any responsibility for any incompleteness, errors, security, reliability, timeliness, viruses, harmful components or effects, vulnerabilities, bugs, problems, omissions, inaccuracies or other limitations in, or interruptions in the operation of Website Elements, or any other information, text, graphics, links or other items contained within the Website Elements or any Third Party Website, or any other services or goods received or purchased through or advertised on the Website, or accessed through any links on the Website. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. Your use of the Website Elements or any Third Party Website is entirely done so at your own risk.
10. Limitations of Liability. Under no circumstances shall Reach Agency Parties be liable to you or any third party under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Website Elements, any Third Party Website, or any product or service purchased through any Third Party Website, for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if Reach Agency has been advised of the possibility of such damages) resulting from any aspect of your use of any of the foregoing, whether the damages arise from use or misuse of any of the foregoing, from inability to use any of the foregoing, or the interruption, suspension, modification, alteration, or termination of any Website Element. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with any Website Element or any links on the Website, as well as by reason of any information received through or advertised in connection with the Website Elements or any links on the Website. These limitations shall apply to the fullest extent permitted by law. To the extent that the foregoing limitations on liability in this Section are limited or restricted by law, your sole and exclusive remedy and company’s absolute limit of liability in connection with any lawsuit, claim or cause whatsoever directly or indirectly relating to or arising out of or relating in any way to the Website Elements, whether based on contract, tort or any other legal theory of recovery, shall in all cases be strictly limited to the price paid by you directly to Reach Agency in connection with such access to or use of the Website Elements. You acknowledge and agree that, if the limitations of liability set forth in this Section 10 above are limited or restricted by law, the foregoing exclusive remedy shall be your sole remedy even if such remedy fails in its essential purpose for any reason whatsoever, and in no event shall company be liable for any direct, indirect, incidental, punitive, special, consequential or exemplary damages (even if company has been advised of the possibility of such damages), to you or any third party.
11. Force Majeure. Reach Agency shall not be liable for any failure for any reason, in whole or in part, beyond Reach Agency’s reasonable control, including, but not limited to, production schedules of Reach Agency’s suppliers, unavailability of materials, labor disturbances, acts of God, earthquake, fire, flood, weather, terrorism or transportation difficulties.
12. Indemnity and Customer Warranty. You agree to defend, indemnify and hold Reach Agency Parties harmless from any claim, action, loss, expense, or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of (i) your use of the any Website Element or Third Party website, (ii) your violation or breach of these Terms and/or Privacy Policy, or the inaccuracy of your representations and warranties herein.
13. Technical Support Issues: If you encounter a technical problem when attempting to print or otherwise access your completed form, or some other problem you may encounter in attempting to utilize our Services and/or Content, Reach Agency’s customer service representatives may be able to assist you with your problem.
14. Inaccuracy. From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions. Company may correct errors, inaccuracies, or omissions and change or update information at any time without notice. Company apologizes for any inconvenience this may cause you. Notwithstanding anything else herein, you are not entitled to rely on any error, inaccuracy, or omission, and as such relate to quotations, pricing, or other aspects of Transactions, you hereby authorize Company to charge the correct amounts to your account in each instance.
15. Entire Agreement. These Terms, together with the Privacy Policy, any Additional Terms, and all schedules, exhibits, and attachments hereto and thereto, constitutes the entire agreement between you and Company and governs your use of the Website and Content, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These terms do not limit any rights that Company may have under trade secret, copyright, patent, trademark or other laws. The employees of Company are not authorized to make modifications to these Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
16. Modifications and Updates of these Terms and Acceptance. The agents, employees and contractors of Company are not authorized to make modifications to these Terms, or to make any additional representations, commitments, or warranties binding on Company. Company reserves the right to modify, add, alter or otherwise update these Terms from time to time, and you are highly encouraged to review these Terms from time to time. Each time you use the Website, the current version of these Terms will apply. In the event of any modification to or update of these Terms, Company will provide notice to you in accordance with these Terms. You can determine whether these Terms have been revised since your last use of the Website by referring to the “Last Updated” legend at the bottom of these Terms. Please read these Terms carefully. Your use of the Website after any modification to or update of these Terms constitutes your acceptance to be bound by these Terms in the form it then exists, including any modifications or updates. If at any time you do not accept all the terms and conditions contained herein, you must immediately discontinue use of the Website and contact Company regarding your voluntary termination of these Terms.
17. Governing Law. These Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. Further, to the extent the arbitration provisions of these Terms are void, unenforceable, or inapplicable, you agree that all actions or proceedings arising in connection with your use of the Website and these Terms shall be tried and litigated exclusively in the State and Federal courts located in the County of Los Angeles, State of California. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and Company with respect to or arising out of these Terms in any jurisdiction other than that specified in this Section. You hereby waive any right you may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of Los Angeles, State of California shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to (i) the use of the Website or any Website Element, or (ii) these Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that these Terms shall not be construed against the drafting party, i.e., Company.
18. Severability. If any non-material provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect.
19. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and any applicable purchase or other terms, the terms of these Terms shall govern.
20. Questions. If you have any questions, comments or complaints regarding these Terms or the Website, feel free to contact us at info@Reach.Agency.
21. Ability to Accept Terms of Service. You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Website Terms, and to abide by and comply with these Website Terms. If you are under 18 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.