REACH Terms and Conditions
Sugar Maple Interactive LLC
1004 Creeds Hill Court
Wake Forest, NC 27587
By signing up for, accessing or using the REACH service ("Service") or any other service from Sugar Maple Interactive LLC ("SMI"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at:http://www.reachapp.co/terms_and_conditions. SMI reserves the right to update and change the Terms of Service by posting updates and changes to the REACH website at any time without notice. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate.
- You must be 18 years or older to sign up for or use this Service.
- You must provide your full legal name, current address, a valid email address and any other information needed in order to complete the signup process.
- You are responsible for keeping your password secure. SMI cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws), the laws of the United States or the State of North Carolina or the Acceptable Use Policy set forth below.
- You are responsible and liable for all activity and Content that is uploaded under your account.
- A breach or violation of any of these Account Terms, in the sole discretion of SMI, may result in an immediate termination of your services.
- We reserve the right to modify, suspend or terminate the Service for any reason, without notice and at any time.
- We reserve the right to refuse or cancel service to anyone for any reason at any time.
- Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis without any warranty or condition, expressed, implied or statutory. SMI (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. SMI (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET SPECIFIC REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
- You understand that any information, data or images you input, upload or transmit using the Service (collectively your “Content”) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- We may, but have no obligation unless otherwise required by law to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You hereby represent and warrant that your Content does not violate our Acceptable Use Policy (as set forth below).You may not represent or imply to others that your Content is in any way provided, sponsored or endorsed by SMI. Because you alone are responsible for your Content, you may expose yourself to liability if, for example, your Content violates the Acceptable Use Policy.
- SMI does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SMI (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF SMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SMI’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT SMI’S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, and employees, harmless, including reasonable attorneys’ fees, from any claim or demand, ’made by any third party due to or arising out of your (a) use of the Service, (b) breach of this Agreement or the documents it incorporates by reference, (c) your violation of any law or the rights of a third party, or (d) Content. SMI reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SMI. SMI will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- Technical support is only provided to paying account holders and is only available via email and phone.
- You agree not to (a) reproduce, duplicate, copy, sell, resell, lease, transfer, assign, distribute, host or otherwise exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of SMI (b) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, or (c) access the Service in order to build a similar or competitive website, product, or service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any SMI customer, SMI employee, member, or officer may result in immediate account termination.
- We do not claim any intellectual property rights over your Content. All Content you upload remains yours, however, you hereby provide SMI with a limited, license to use and reproduce the Content solely in connection with providing the Service. You can stop using the Service at any time by deleting your account. This will also remove all Content you have stored on the Service, provided that SMI may retain archival or backup copies in accordance with its standard backup operations.
- The failure of SMI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SMI and governs your use of the Service, superseding any prior agreements between you and SMI (including, but not limited to, any prior versions of the Terms of Service).
- You acknowledge that by making your site public, others will be able to view your Content and may attempt to copy, distribute or repost your Content without your authorization. You agree to hold SMI harmless from any dispute concerning any unauthorized use of your Content by a third-party.
- SMI does not pre-screen Content and you are solely responsible for the Content you make publicly available via the Service.
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Service to collect, upload, transmit, display, or distribute any Content that:
- violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;
- is harmful to minors in any way; or
- is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to:
- upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;
- send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
- use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
- interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;
- attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;
- harass or interfere with any other user’s use and enjoyment of the Service; or
- use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters that may be set forth in our robots.txt file).
Copyright (DMCA) Policy
SMI respects the intellectual property of others and asks that users of our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: (1) your physical or electronic signature; (2) identification of the copyrighted work(s) that you claim to have been infringed; (3) identification of the material on our services that you claim is infringing and that you request us to remove; (4) sufficient information to permit us to locate such material; (5) your address, telephone number, and e-mail address; (6) a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and (7) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
The designated Copyright Agent for SMI is:
Address of Agent: 1004 Creeds Hill Court, Wake Forest, NC 27587
Telephone: (844) 347-3224 x700
Fax: not available
Payment of Fees
- A valid credit card is required for accounts able to process orders using a live, third-party payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- Charges for access to the Service will be billed in 30-day intervals. When a billing period is over, Service users will be sent an invoice via email. An invoice will also appear on the account page of the user’s administration console within the Service. Users have two weeks from the date of the invoice to provide written notice to SMI of any issues with the invoice. If no such notice is provided in the designated time period, the Parties agree that the invoice is valid and the amounts in the invoice are due and payable.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- SMI does not provide refunds.
Cancellation and Termination
- You may cancel your account at any time by emailing email@example.com.
- Once your Account is canceled, all of your Content will be immediately deleted from the Service, provided that SMI may retain archival or back-up copies in accordance with its standard backup operations. Since deletion of all data is final, please be sure that you do in fact want to cancel your Account before doing so. SMI shall not be responsible for any Content deleted as a result of your canceling your Account.
- If you cancel your Account in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again. The final invoice will not be prorated regardless of when you cancel within your last month of service.
- Fraud: Without limiting any other remedies, SMI may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Service.
Modification of Service and Prices
- Prices for using the Service are subject to change upon 14 days notice from SMI. Such notice may be provided at any time by posting the changes to the REACH Site (reachapp.co) or the administration menu of your REACH site via an announcement. Continued use of the Service following the posted effective date of the pricing change constitutes acceptance of the change.
- SMI reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice.
- SMI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of SMI, and SMI is not responsible for any Third-Party Links & Ads. SMI provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
- Other Users. Each Service user is solely responsible for any and all of its own Content. Because we do not control Content, you acknowledge and agree that we are not responsible for any Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with other Service users are solely between you and such users. You agree that SMI will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
- 3. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with SMI and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Service or the use of any product or service provided by the SMI that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the SMI, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms of Service.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the SMI should be sent to the SMI attn. Terms of Service Dispute at the address listed in these Terms of Service (or such other address as may be provided by the SMI for this purpose. After the Notice is received, you and the SMI may attempt to resolve the claim or dispute informally. If you and the SMI do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Arbitration. You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms of Service and not informally resolved shall be settled by binding arbitration in Wake County, North Carolina, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”). The arbitrator shall issue a written decision specifying the basis for the award made. The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim. All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration. In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys' fees and other professional fees incurred in connection with the arbitration. Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. The arbitrator shall apply the substantive law of the State of North Carolina, without giving effect to its conflict of laws rules.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the SMI in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE SMI WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wake County, North Carolina, for such purpose
- Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from SMI, or any products utilizing such data, in violation of the United States export laws or regulations.
- Disclosures. SMI is located at the address these Terms of Service. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Electronic Communications. The communications between you and SMI use electronic means, whether you use the Service or send us emails, or whether SMI posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from SMI in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SMI provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- Entire Terms. Unless an additional written agreement is executed between you and SMI, these Terms of Service constitute the entire agreement between you and SMI regarding the use of the Service. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to SMI is that of an independent contractor, and neither party is an agent or partner of the other. These Terms of Service, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SMI’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. SMI may freely assign these Terms of Service. The terms and conditions set forth in these Terms of Service shall be binding upon assignees.