Terms

A. My Reach Mobile Terms and Conditions

1. INTRODUCTION

This Terms of Use, including any documents, policies and guidelines incorporated by reference (collectively, the “Terms”), is a legal agreement between you and Tube Incorporated d/b/a Reach Mobile. (“Reach Mobile”, “our”, or “we”). These Terms apply to any Reach Mobile website, mobile application, or software, or other online or interactive services that are provided in the United States and that include a link to these Terms (together, the “Services”). The term “you” or “your” includes any of your subsidiaries, affiliates, employees and parent or legal guardian.

IMPORTANT NOTICE: DISPUTES ABOUT THESE TERMS AND THE TUBE INCORPORATED D/B/A REACH MOBILE SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

PLEASE READ THESE TERMS OF USE CAREFULLY.  By accessing or using our Services in any way you are agreeing to comply with these Terms. Certain services available through our Services, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service. The Terms do not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with Reach Mobile. To the extent that there is any conflict between these Terms and any terms and conditions or agreements relating to Reach Mobile services you have purchased or Reach Mobile online tools you use or to which you subscribe, those other terms and conditions or agreements will govern.

2. AUTHORITY

By using our Services, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Services with legal parental or guardian consent.  Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms; otherwise, you may not use the Services.  Reach Mobile recommends that you take advantage of any access controls offered through the Services or third-party sites, which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.

3. CHANGES TO THE TERMS OR SITE

We may change these Terms without advance notice. Please visit this page periodically to see the most current Terms that govern your use of the Services. The amended Terms will automatically be effective when posted on our Site.  Your continued use of our Services after any changes in these Terms shall constitute your consent to such changes.  We reserve the right to change, modify or discontinue, temporarily or permanently, the Services (or any portion of the Services), including any and all content contained on the Services, at any time without notice. You agree that Reach Mobile shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).

4. REGISTRATION, PASSWORD AND SECURITY

Whenever you provide us information on our Services, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete.  If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Reach Mobile may without notice suspend or terminate your access to our Services and refuse any and all current or future use of our Services (or any portion of the Services).

If any portion of our Services requires you to register or open an account you may also be asked to choose a password and a user name.  Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution.  You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification.  You agree to immediately notify Reach Mobile of any unauthorized use of your password or account or any other breach of security.  Without limiting any rights which Reach Mobile may otherwise have, Reach Mobile reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Services and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Reach Mobile may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Reach Mobile be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Reach Mobile under this provision, (ii) any compromise of the confidentiality of your account or password and (iii) any unauthorized access to your account or use of your password. You may not use anyone else’s account at any time, without the permission of the account holder.

The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the Internet, we will implement numerous measures to help secure your personally identifying information. However, you understand and agree that such measures do not guarantee that use of the Services is invulnerable to all security breaches, and that Reach Mobile makes no warranty, guarantee, or representation that use of any of our Services is protected from viruses, security threats or other vulnerabilities

5. PRIVACY POLICY

This Privacy Policy (“Policy”) describes how Reach Mobile (“we” “our” or “us”) will collect, access, use, or disclose your personal information. It applies to all of our products, services, applications, and websites (“Services”). Some of our Services may be covered by different privacy policies and, in the event of a conflict between this Policy and another Reach Mobile privacy policy, the product or service-specific policy governs. This Policy is also incorporated by reference into the Terms of Service that govern your use of the Services (collectively, the “Terms”).

Our collection, use, access, disclosure, and safeguarding of your personal information is subject to U.S. law.

TYPES OF INFORMATION WE COLLECT ABOUT YOU

Personal information. Personal information is information that we directly associate with a specific person or entity (for example, name; addresses; telephone numbers; email address; username; password; call records; wireless device location). Personal information does not include “de-identified,” “anonymous,” or “aggregate” information” that could not be associated with a specific person or entity.

Customer Proprietary Network Information (CPNI). CPNI is a type of personal information that is generated in connection with the telecommunications services we provide to you. CPNI includes, for example, call details, call location information, and certain information about your rate plans and features. CPNI does not include your name, address, and phone number.

Network and device information. We may collect information about your use of our network (or other carriers’ networks when roaming domestically and internationally) and the device(s) associated with your account, network data related to Wi-Fi usage, and performance information, as well as data relating to your use of our website, applications and other products and services.

Location Data. We may collect your device’s location whenever it is turned on (subject to coverage limitations).

Performance and Diagnostic Data. We may collect performance and diagnostic data about your use of our network, networks you roam on, Wi-Fi services, or your device. For example, we may collect information about the performance of the device, signal strength, dropped calls, data failures, battery strength and other device or network performance issues. We may also collect information about applications on your device, the fact that an application has been added, when an application is launched or fails to launch, and length of time an application has been running

HOW YOUR INFORMATION IS COLLECTED

There are several ways in which Reach Mobile collects personal and other information about you.

Information you give us: The personal information we collect includes information you provide to us, such as your name, postal address, telephone number, e-mail address, username, password, date of birth, social security number or other government identification number, demographics, activities, location information, payment information, and personal preferences. You may give us information in a variety of ways, including when you sign up for or use Reach Mobile Services, communicate with customer care, pay for services, establish or modify an online account on admin@reachmobile.com, post user-generated content, including comments, to or on any of our Services, use a device on our network or otherwise enter information on our website. Third-party providers whose sites are featured on and accessed via our website may collect information as well. Such collection and use of your information is governed by the third party’s privacy policy.

If we have trouble processing your order, the contact information you provide is used to get in touch with you. We also use this contact information to provide you with updates regarding your current phone or service and to provide you with information about Reach Mobile promotions and special offers.

Reach Mobile may offer the opportunity to participate in contests, giveaways, or other similar promotions we sponsor. Except as explained otherwise in the rules for a particular contest, giveaway, or promotion, any personal information you provide will be used in accordance with this Policy.

Information we automatically collect: We automatically receive certain types of information whenever you use our Services. We may collect information about your device such as the type, version of operating system, signal strength, whether it is on and how it is functioning, as well as information about how you use the device and services available through it, such as your call, text message, and data usage and history, your location, web sites you have visited, applications purchased, downloaded or used and other similar information.

We may link information we collect automatically with personal information, such as information you give us at registration and check out. We may use systems or tools to follow your use of our Services and other applications, including using cookies, web beacons and other mechanisms, along with analysis of network and device information. For example, we may allow collection by analytic service provider(s) of site click-stream and cookie data to help us track aggregate and individual use of our Services. We sometimes use cookies to enable features on our sites, such as the ability to save your shopping cart, set preferences, or serve ads to you. The information we receive through cookies, web beacons, and other mechanisms may enable us to recognize users across devices, such as smartphones, computers, tablets, or related browsers.

Advertisers, ad networks, and other third parties that serve ads on our sites may also use their own mechanisms, including cookies. These third party cookies or tools are governed by the privacy policies of the entities placing the ads and not by this policy.

Finally, when your device’s web browser utilizes our data services to access websites other than our own, we automatically capture information associated with your browsing activities, and measure and monitor network and Internet connection performance, throughput, latency, and similar network data.

Information from other sources:  We may obtain information about you from outside sources and add it to or combine it with your account information. For example, we may receive background information from third-party sources in connection with employment opportunities. We also may use commercially available demographic and marketing information from third parties to help us better serve you or inform you about products or services that we think will be of interest to you. We may also purchaseor obtain personal information from others.

REACH MOBILE’s USE OF PERSONAL INFORMATION

We use personal information for a variety of purposes, including providing you with Services. We may use your personal information to do things like:

  • Route your calls or messages or otherwise provide you with service.
  • Determine the appropriate pricing for your service.
  • Process your orders.
  • Provide and bill for products and services you purchase and charge to your account.
  • Deliver and confirm products and services you obtain from us.
  • Verify your identity and maintain a record of your transactions and interactions with us.
  • Develop or inform you of new products and services.
  • Anonymize or aggregate personal information for various purposes like market analysis or traffic flow analysis and reporting.
  • Monitor, evaluate or improve our products, Services, systems or networks.
  • Customize or personalize your experience with our Services.
  • Customize or personalize online advertising to bring you information about products and services of Reach Mobile or others that may interest you, including co-branded offers.
  • Tell you about products or services from Reach Mobile or others that better meet your needs. More specifically, and as permitted by law, Reach Mobile may use e-mail, telemarketing, direct mail and wireless messages to inform you about products or services we think will interest you.
  • Protect our rights and property and those of our customers.
  • Investigate or prevent fraud or network abuse.
  • Respond to legal process and emergencies, including providing 911 service.

INFORMATION WE SHARE

DE-IDENTIFIED INFORMATION

We may share information that is de-identified or in an aggregated form that could not be associated with or identify you in order to:

  • Conduct market or traffic flow analysis and reporting or produce or facilitate production by others of business and marketing reports to share with third parties. If you do not wish for us to use your information to produce de-identified and aggregated data sets in the reports we share with third parties, you may opt out at any time.
  • With your opt-out consent only, customize or personalize advertising based on information we collect about your use of your wireless device in order to provide wireless service to you. For example, we may use information about your mobile web browsing or use of mobile applications to deliver advertisements tailored to your interests, and we may share de-identified information about your use of your device with third parties so that they can tailor advertising to your interests based on that information.

PERSONAL INFORMATION

We do not share personal information with third parties other than as follows:

With Your Consent. We may disclose Personal Information about you to third-parties with your consent. We may obtain your consent in writing; online, through “click-through” agreements; when you accept the terms of disclosures on your phone for certain applications or services; orally, in our stores or on the phone, including through interactive voice response, or implicitly, for example, when you purchase a product and ask that it be shipped to your home, consenting to our disclosure of your name and address to a third-party shipping company to complete delivery.

To the Primary Account Holder. We may disclose information about an account user to the primary account holder (the party financially responsible for the account). If a business, governmental agency, or other individual obtains service for you, that entity or individual is our customer, and we may provide information about you or your use of the service, products or devices to them or others at their direction.

Affiliates. We may share personal information and information that does not directly identify you with affiliated entities for approved business purposes. This may include payment history and transactional information.

Reach Mobile’s Service Providers. We may share personal information with third parties who perform services on our behalf.

Third Party Verification Services. We may share limited personal information (e.g., address, phone number) with non- Reach Mobile entities to assist with identity verification, and to prevent fraud and identity theft.

Other Third Parties. We may share information with other third parties, however you may opt out of this sharing. For example, we may share your information with other third parties to hear about their products and services. Use of the information you agree to share will be subject to those third parties’ separate privacy policies.

Disclosures to Third Party Application and Service Providers. You may choose to use services and products offered by third party providers through our Services or devices such as third party applications. When you leave our network you may also use mobile roaming services provided by third parties. Your use of such services and applications may result in these third parties collecting your personal information and obtaining information from Reach Mobile, including location information (when applicable). You may also choose to give personal information directly to third parties when using our Services. In each case, personal information that you give a third party will be subject to its terms, conditions and policies – not this policy. You should review a third party’s privacy policy and terms of service before providing your information or using the service.

Business Transfers.  Personal information about you may be disclosed as part of any merger, acquisition, sale of company assets or transition of service to another provider. In the unlikely event of an insolvency, bankruptcy or receivership, personal information may also be transferred as a business asset.

Protection of Reach Mobile and Others. We may access, monitor, use or disclose your personal information or communications to do things such as:

  • Comply with the law or respond to lawful requests or legal process
  • Protect the rights or property of us, our agents, members, our customers, and others including to enforce our agreements, policies and the Terms.
  • Respond to emergencies.

NETWORK AND INFORMATION SECURITY

We maintain a variety of physical, electronic and procedural safeguards. These safeguards help protect your personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Be sure to use a strong password to access your information on www.reachmobile.comor Reach Mobile app and not one you use for other services.

CHILDREN’S PRIVACY

Reach Mobile does not knowingly collect personal information from children under the age of 13. You should be aware that if you purchase a Reach Mobile services device and allow a child under the age of 13 to use it, any information collected from the usage of that device will appear to be your personal information and treated as such under this Policy.

If you have any questions about Reach Mobile’s policies around children’s privacy, please contact Reach Mobile at admin@reachmobile.com or 1-844-445-3665.

INFORMATION CHOICES AND CHANGES

In addition to the choices we offer you in the INFORMATION WE SHARE section above, we offer you the following choices regarding your information:

Withholding. You can choose not to provide us with certain information, but that may result in the inability to use certain features of our websites or receive certain products or services. Public forums are not intended for the disclosure of personally identifiable information. To the extent you provide personally identifiable information in any public forum, it is at your own risk.

Marketing Contacts. We offer you choices regarding how we contact you for marketing-related communications.

  • You may let us know that you do not want us to contact you for marketing purposes by contacting Reach Mobile at admin@reachmobile.com or 1-844-445-3665. You can also opt-out through the unsubscribe mechanism at the bottom of applicable emails.
  • If you register a do-not-contact request with us, we still may contact you for non-promotional purposes, such as emails or wireless messages related to your account or our ongoing business relations, or when you initiate the interaction.

Advertising. We do not control third parties’ collection or use of your information to serve interest-based advertising. You may be able to opt out of receiving personalized advertisements from companies who are members of the Network Advertising Initiative or who subscribe to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. For more information about this practice and to understand your options, please visit: http://www.aboutads.info and http://www.networkadvertising.org/choices/. You may also use TRUSTe’s Preference Manager at http://preferences-mgr.truste.com. You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to, you can opt out of interest-based advertising permanently using a browser plugin.

Please note that if you opt out, you will continue to receive the same number of ads, but they may be less relevant because they will not be based on your interests. You may still see ads related to content on a web page or based on other non-personal information. Please note that this opt-out is cookie-based. If you change computers or devices, change web browsers, or delete cookies, you will need to visit the aboutads site and opt-out again.

Do Not Track Policy. Your web browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites, web applications, and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. However, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions, we do not recognize or respond to web browser “Do Not Track” signals or other mechanisms that provide you with the ability to exercise choice regarding the collection of personally identifiable information about your online activities over time and across third-party websites or online services.

Cookies and Other Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel. If you disable or refuse cookies, please note that all or some parts of the Services may then be inaccessible or not function properly.

Account Information. If you would like to change certain Reach Mobile account information, you may create an online account and manage your account online. For more information, visit www. reachmobile.com.

UPDATING THIS PRIVACY POLICY

This privacy policy is subject to change. If we need to change our privacy policy at some point in the future, we’ll post the new policy promptly. When we change the policy we will give notice by changing the date it was last updated or as required by law. By using www.reachmobile.com, you agree that your visit to our site and use of our Services abides by the information contained in our Terms of Use. This Privacy Policy was last updated December 14, 2018.

YOUR CALIFORNIA PRIVACY RIGHTS

Reach Mobile shares personal information between Reach Mobile affiliates and marketing agents for our own marketing purposes.  Reach Mobile does not disclose customers’ personal information to third parties for the third parties’ direct marketing purposes without your consent. California residents may request the categories of personal information Reach Mobile sharedwithits affiliates during the previous calendar year, if any. To make such a request, please send an e-mail to admin@reachmobile.com or write tousat:  Reach Mobile, Suite 203, 2ndFloor, 285 Billerica Road, Chelmsford, MA 01824.

SURVIVAL

The policies indicated in this privacy policy will remain effective, even if the Terms and the other agreements between us are terminated and you are no longer using the Site or any of the other Reach Mobile Services.

QUESTIONS OR CONCERNS

If you have any questions about, or complaints that concern, this Privacy Policy please contact us at admin@reachmobile.com or 1-844-445-3665. If you prefer, you also may write us at Reach Mobile, Suite 203, 2ndFloor, 285 Billerica Road, Chelmsford, MA 01824.

6. COPYRIGHT AND AUTHORIZATION

The Services provide you access to a wide variety of information, shopping, communications, entertainment, games, advertising and other services, products, data and materials (“Content”). Some of the Content is owned by Reach Mobile and/or its affiliates.  Other portions are owned by non-Reach Mobile companies or third parties such as suppliers, vendors, and licensors (including Content that is generated by users as further described in Section 11).

Some portions of the Services may require you to download software (“Software”) in order that you may access the Services, the services provided through the Services and/or the Content.  The Software may be the property of Reach Mobile or a supplier, vendor, or licensor to Reach Mobile.  The Content and Software are protected by a variety of laws governing the use of copyrights, trademarks, trade dress, patents, or trade secrets.  Subject to the rules and limitations set forth in the Terms, you are granted a limited, non-sublicensable right to access the Services, the Content and the Software for your personal non-commercial use only, except as otherwise permitted.  Without limiting the generality of the foregoing, no Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into North Korea, Iran, Sudan, Syria or any other country for which the U.S. maintains an embargo on such exports, or (b) to a person or entity identified on lists of the U.S. Treasury Department (e.g., Specially Designated Nationals, Denied Persons or Entities) or the U.S. Commerce Department (e.g., Entity List, Table of Deny Orders), which control such exports.  By downloading or using the Software or underlying information or technology, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

7. COPYRIGHT COMPLAINTS

Reach Mobile respects the intellectual property rights of others.  If you believe that your work has been copied and has been posted, stored or transmitted to the Services in a way that constitutes copyright infringement, please submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Reach Mobile’s Copyright Agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A specific description of where the material that you claim is infringing is located on the Services;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Reach Mobile’s Copyright Agent for notice of claims of copyright infringement on the Services can be reached as follows:

[Insert agent’s contact information]

For more information about Reach Mobile’s copyright protection practices under the DMCA and for information on how to contact Reach Mobile’s DMCA agent, please refer to www.Reach Mobile.com/dmca.htm.

8. TRADEMARKS AND SERVICEMARKS

Trademarks, servicemarks, logos and any trade dress (collectively referred to as “Marks”)that are used or displayed on or in connection with the Services are owned by Reach Mobile or by third parties other than Reach Mobile that offer and provide products and services on or through the Services. The Reach Mobile trademarks may not be copied or used, in whole, partial or modified form, without the prior written permission of  Reach Mobile. or, if applicable, its licensor. In addition, Reach Mobile custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of Reach Mobile. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Reach Mobile. You may not use any meta tags or any other “hidden text” utilizing a Reach Mobile Mark or product name without Reach Mobile’s express written consent.

9. THIRD-PARTY PRODUCTS AND SERVICES

Parties other than Reach Mobile may offer and provide products and services on or through the Services.  Except for Reach Mobile branded information, products or services that are identified as being supplied by Reach Mobile, Reach Mobile does not operate, control, or endorse any information, products, or services on the Services or accessible through the Services in any way. Reach Mobile is not responsible for examining or evaluating, and Reach Mobile does not warrant the offerings of, any of these businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

The Services may contain links to other websites not controlled or operated by Reach Mobile. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by Reach Mobile of those websites or the contents therein. We are not responsible for the contents, links or privacy of any linked website. Access to any other websites linked to the Services is at your own risk. When leaving the Services, you should carefully review the applicable terms and policies, including privacy and data gathering practices, of any third-party website.

10. PRODUCT AND SERVICE INFORMATION

Reach Mobile does not warrant that information, graphic depictions, product and service descriptions or other content of the Services is accurate, complete, reliable, updated, current, or error-free.  Despite our efforts, it is possible that a price for a product or service offered on the Services may be inaccurate or the product or service description may contain an inaccuracy. In the event Reach Mobile determines that a product or service contains an inaccurate price or description, Reach Mobile reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order, unless prohibited by law. Reach Mobile may make improvements or changes to any of its content, information products, services, or programs described on the Services at any time without notice. You agree to notify Reach Mobile immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Services and comply with any corrective action taken by Reach Mobile.

11. ONLINE ORDERS

In order to protect Reach Mobile and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including, but not limited to, validating information provided or limiting the amount of equipment (e.g. SIM cards) and/or services that may be ordered online by a single individual or entity. Reach Mobile reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.

12. USER SUBMITTED CONTENT

Our Services may have “publicly accessible areas” such as message boards, forums, member profiles, yellow pages, job folders or other features that allow users to post Content that will be accessible by the public or the user population generally. With respect to any message, data, image, text, photos, graphics, audio, video or other material you elect to post to such publicly accessible areas of our Services, while you retain any and all of your lawfully owned rights in such Content, you grant Reach Mobile a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content which you provide (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and to exercise the same rights with respect to such works. You also permit any user of our Services to access, display, view, store, distribute, perform, reproduce and prepare derivative works of such Content that you have placed in publicly accessible areas of our Services.  No compensation will be paid to you or to any other person or entity with respect to the posting or use of your Content. Reach Mobile is under no obligation to post or use any Content you may provide and we may remove your Content at any time in our sole discretion. You agree that Reach Mobile is not under any obligation of confidentiality, express or implied, with respect to your Content. You represent and warrant that you own or otherwise control all necessary rights to the Content that you post, that such Content is accurate, that use of the Content you supply does not violate these Terms, specifically including without limitation the requirements of Section 14 (Fair Usage Policy), and will not cause injury to any person or entity, and that you will indemnify Reach Mobile for all claims resulting from the Content you supply.

Reach Mobile does not generally pre-screen or control Content posted by users of our Services, and, therefore, does not guarantee the accuracy, integrity or quality of such Content. Reach Mobile shall have the right (but not the obligation) in its sole discretion to monitor, refuse or remove any Content that is available via our Services for any or no reason, including that any Content violates these Terms or is otherwise objectionable.  We take no responsibility and assume no liability for any Content uploaded, transmitted, or downloaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter.  As the provider of the Services, we are only a forum and are not liable for any statements, representations, or Content provided by Services users.  Any opinions, advice or recommendations expressed therein are those of the users providing such Content and not those of Reach Mobile. We do not endorse any Content or any opinion, recommendation or advice expressed therein. It is not our intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, we reserve the right to take such action as we deem appropriate in cases where the Services is used to disseminate statements that are harmful or inflammatory.

13. SUBMISSIONS TO REACH MOBILE

You agree not to propose, post or submit to Reach Mobile ideas, concepts, copy, proposals, inventions, methods or techniques for new or proposed services or products (collectively referred to as “Submitted Material”) through the Services.  In the event you do so, you hereby grant to Reach Mobile a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use all such Submitted Material in any manner whatsoever without compensation or attribution to you.  You also grant to Reach Mobile the right, at its sole discretion, to use your name in connection with the Submitted Materials and other information as well as in connection with all advertising, marketing and promotional material related to such material and information. Use of such Submitted Material shall not require permission from or payment to you or to any other person or entity. You agree that Reach Mobile is not under any obligation of confidentiality, express or implied, with respect to the Submitted Material. You agree that you shall have no recourse against Reach Mobile for any alleged or actual infringement or misappropriation of any proprietary right in Submitted Material and that the submission of any Submitted Material to Reach Mobile, including the posting of materials to any forum or interactive area on the Services, irrevocably waives any and all “moral rights” in such materials. You represent and warrant that you own or otherwise control all of the rights to the Submitted Material that you post, that the Submitted Material is accurate and, that use of the Submitted Material you supply does not violate these Terms and will not cause injury to any person or entity.

14. Fair Usage Policy

You agree to use our Services and the Content (whether provided by us or others), as well as any Software provided in connection with the Services, in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Services, related Software, or Content, nor will you use our Services or related Software to upload, post, email, distribute, transmit, link, solicit or otherwise make available any Content or use our Services in any manner that:

  1. is unlawful, threatening, libelous, defamatory, obscene, pornographic, or is otherwise objectionable to us in our sole discretion;
  2. infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
  3. removes any proprietary notices or labels on the Content;
  4. advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
  5. is deceptive in a manner that is criminal or that is otherwise objectionable to us in our sole discretion, such as an offer to sell fraudulent goods or an impersonation of any person or entity or a misrepresentation of an affiliation with a person or entity;
  6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
  7. constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
  8. interferes with others using the Services;
  9. is off-topic according to the description of the group, forum or webpage;
  10. contains software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
  11. contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
  12. disrupts, interferes or inhibits any other user from enjoying the Services or other affiliated or linked websites, material, contents, products and/or services;
  13. uses any robot, spider, or other such programmatic or automatic device, including, but not limited to, automated dial-in or inquiry devices, to obtain information from the Services or otherwise monitor or copy any portion of the Services, products and/or services;
  14. creates a false identity for the purpose of misleading others;
  15. prepares, compiles, uses, downloads or otherwise copies any user information and/or usage information for any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such information to any third party;
  16. uses any Reach Mobile domain name as a pseudonymous return email address;
  17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e.g., classified bulletin board);
  18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  19. attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Software or any Content or the Services;
  20. reproduces, duplicates, copies, sells, trades, resells or exploits for any commercial purposes, any portion of the Services or Content, use of the Services, or access to the Services;
  21. publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
  22. systematically collects and uses any Content including the use of any data mining, scraping, or similar data gathering and extraction methods;
  23. makes derivative uses of the Services or the Content;
  24. uses, frames, or utilizes framing techniques to enclose any portion of the Services (including the images found at the Services or any text or the layout/design of any page or form contained on a page); and/or
  25. modifies, translates, decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate our Services. For purposes of these Terms, “reverse engineering” shall include the examination or analysis of the Services to determine the source code, structure, organization, internal design, algorithms or encryption devices of our Services’ underlying technology.

Unless you are participating in an area of the Services that requires or encourages anonymity, we encourage you to use your real name.

15. Social Good: Give-away

Reach Mobile is focused on social good. We believe “Mobile connectivity is for everyone”. For every plan that you buy we will Give-away 10% of the data volume purchased to someone in need but cannot afford it, from our side. Reach Mobile works through renowned NGOs, which are of repute but not verified by Reach Mobile. As a Reach Mobile customer you will have the right to select a ‘Social Good Cause’ and the associated NGO/ charity organization, thereby joining a virtual group of people who made the same selection. Reach Mobile uses each group’s plans to pay the connectivity of people in need, by giving 10% of the data on top of what has been purchased by you. All the give-away data is pooled together and will be allotted judiciously as per general averages, and needs of the people, as identified by the relevant NGO/ charity organization. The amount given away per person is at the sole discretion of Reach Mobile, however the information will be shared with you on the actual give-away per person. Reach Mobile may invite extra donations from time to time, and you as a customer, can participate in such donations as per your own free will. Give-away is Reach Mobile’s policy, and expression of intent, but it is not a contractual obligation to you, nor to the cause you selected. We reserve the right to suspend or amend the Give-away policy from time to time.

16. Your Consent to be Contacted

We may contact you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by law. You also expressly consent to be contacted by us, and anyone contacting you on our behalf, for any purpose, including billing, collection, or other account or service related purpose, at any telephone number or physical or electronic address where you may be reached, including any wireless telephone number. You agree that Reach Mobile, and anyone contacting you on our behalf, may communicate with you in any manner, including using a pre-recorded or artificial voice, or using an automatic telephone dialing system to place calls or send messages, alerts, or an automatic e-mail system to deliver email messages. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your Service and account.

17. SITE & APP SECURITY

Violating the security of our Services is prohibited and may result in criminal and civil liability.  Reach Mobile may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected.  Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SERVICES, ANY RELATED SERVICE OR SOFTWARE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SERVICES AND ANY RELATED SERVICE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  REACH MOBILE AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
  2. REACH MOBILE AND ITS CO-BRANDERS, SUPPLIERS, LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, AND EMPLOYEES MAKE NO WARRANTY THAT:  (i) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FOR DOWNLOAD FROM THE SERVICES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (iii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE; (v) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; AND (vi) ANY ERRORS IN OUR SERVICES OR SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES OR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR BUSINESS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL OR THE USE OF OUR SERVICES OR OUR SOFTWARE.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACH MOBILE OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY. ADVICE OR INFORMATION RECEIVED BY MEANS OF OUR SERVICES SHOULD NOT BE RELIED UPON FOR SIGNIFICANT PERSONAL, BUSINESS, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR PARTICULAR SITUATION.

19. ENFORCEMENT

Reach Mobile reserves the right but does not assume the obligation to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Services and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue.

Reach Mobile may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on Reach Mobile’s reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of Reach Mobile’s services, the Services and other persons or entities from fraudulent, abusive, or unlawful use of the Services or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.

20. LIMITATION OF LIABILITY

IN NO EVENT SHALL REACH MOBILE, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (i) THE USE OR INABILITY TO USE THE SERVICES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SERVICES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR PRODUCTS ON OR AVAILABLE THROUGH THE SERVICES; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; (vi) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (vii) ANY OTHER MATTER RELATING TO OUR SERVICES, EVEN IF REACH MOBILE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.  IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF REACH MOBILE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

21. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Reach Mobile and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, made or sought by any third party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Services, your use of our Services, your connection to our Services, your violation of these Terms, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Reach Mobile or your use of our Services. Reach Mobile reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Reach Mobile in asserting any available defenses.

22. TERMINATION/SUSPENSION

You agree that Reach Mobile may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Services or change your password without notice.  Cause for such termination, suspension or change shall include, but not be limited to, (a) breaches or violations of these Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof,) (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) engagement by you in fraudulent or illegal activities. Termination of your account includes (or, if Reach Mobile elects instead to suspend your account, may include any one or more of the following) (a) removal of access to all offerings within the Services, (b) deletion of your password and all related information, files and other content associated with or inside your account (or any part thereof) and (c) barring of further use of the Services.  You agree that all terminations and suspensions for cause shall be made in Reach Mobile’s sole discretion and that Reach Mobile shall not be liable to you or any third party for any termination or suspension of your account, loss of storage, any associated email address, or access to the Services. Further, Reach Mobile reserves the right, to immediately terminate or suspend your account, any associated email address, and access to the Services at any time for any reason and without notice to you in its sole discretion.

23. MISCELLANEOUS

Reach Mobile’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.  These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, notwithstanding its conflicts of law principles. You agree that any legal action or proceeding between Reach Mobile and you for any purpose concerning these Terms or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Neither the course of conduct and/or course of dealing between the parties nor trade practice shall act to modify any provision of this Agreement. Reach Mobile may assign its rights and duties under this Agreement to any party at any time without notice to you. Your rights and duties under these Terms are not assignable by you without written consent of Reach Mobile.  These Terms do not provide any third party with a remedy, claim, or right of reimbursement.  You must file any claim or suit related to our Services within one year after it arises.

24. MANDATORY ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application. You and Reach Mobile agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This Section 25 is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

Initial Dispute Resolution. Most disputes can be resolved without resort to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at legal@ReachMobile.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with Reach Mobile, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in the section below entitled, “Exception: Litigation of Intellectual Property and Small Claims Court Claims”) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

Arbitrator’s Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Filing a Demand. To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at: Tube Incorporated d/b/a Reach Mobile, Suite 203, 2ndFloor, 285 Billerica Road, Chelmsford, MA 01824.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Reach Mobile will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, Reach Mobile will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration. For individuals residing outside the United States, arbitration shall be initiated in Middlesex County, Massachusetts, United States, and you and Reach Mobile agree to submit to the personal jurisdiction of any federal or state court in Middlesex County, Massachusetts in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver. The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND REACH MOBILE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at support@Reach Mobile.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) your first date that you used the Services that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, Reach Mobile also will not be bound by them.

Changes to This Section. Reach Mobile will provide thirty (30) days’ notice of any changes to this section by posting on the Services. Amendments will become effective thirty (30) days after they are posted on the Services or sent to you by email. Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services.

Survival. This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of the Services.

B. Terms of Use for Reach Mobile app and website

Terms and Conditions

THIS APP/ SITE IS PROVIDED ONLY FOR THE USE OF TUBE INCORPORATED D/B/A REACH MOBILE (“REACH MOBILE”) SUBSCRIBERS AND ANY OTHER USE IS PROHIBITED.

If you do not agree to these terms and conditions, you may not complete the registration process. Clicking on the button marked “Accept” and proceeding to use Reach Mobile Online Bill Presentment/My Reach Mobile, indicates your acknowledgment that you have read and accepted these terms and conditions.

1. Online Billing

To the extent you utilize Reach Mobile online services, you acknowledge and agree that Reach Mobile makes no guarantee that communications or transactions conducted online will be absolutely secure. You further acknowledge and agree that there may be system failure that may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of Reach Mobile online services, including the risk of breach in the security of the communications or transactions you conduct with Reach Mobile online. YOU UNDERSTAND AND AGREE THAT REACH MOBILE ONLINE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. You agree that you are solely responsible for maintaining the confidentiality of your password and/or Personal Identification Number (PIN) code, and you agree that Reach Mobile has no obligation with regard thereto. You agree not to give your password and/or PIN code to anyone. If you believe your password and/or PIN code has been lost or stolen, or that someone has gained access to your password and/or PIN code without your permission, call us immediately at 1-844-445-3665. If you use a third party bill payment vendor (or distributor) to pay your Reach Mobile bill and you disclose to such vendor your username, password, account number and PIN code, Reach Mobile is not responsible for the accuracy and timeliness of your bill payments.

For purposes of identification, billing and marketing, you agree to provide Reach Mobile with current, accurate, complete, and updated information by the registration for Online Bill Presentment/My Reach Mobile, including your legal name, address, telephone number(s), and applicable payment data (e.g., bank account number. You agree to notify Reach Mobile immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term. Please review our PRIVACY STATEMENT.

You consent to Reach Mobile delivering your PIN code, including a temporary PIN code (and all subsequent PINs) by text message to your handset unless Reach Mobile determines that your handset is not capable of receiving text messages.

If you consented to terminate receipt of a paper bill and accept the presentation of your bill on the Reach Mobile site, you do not need to do anything further. My Reach Mobile provides you the same information that you find in your paper bill. If you wish to revoke consent to paperless billing and receive your paper bill, go to Profile Tab, then to Bill Options.

Home Banking customers – If you use a third pay bill vendor (or distributor) to pay your Reach Mobile bill on the bill vendor’s site, you do not need to do anything further and you will not receive a paper bill. If in the future you wish to receive a paper bill, you need to de-enroll from the Home Banking program at your Home Banking service provider’s website where you enrolled in Home Banking. Follow the vendor’s instructions. You do not need to do anything further to your Reach Mobile account to begin to receive a paper bill unless you previously consented to paperless billing. To revoke such prior consent go to Reach Mobile’ My Reach Mobile, go to Profile Tab, then to Bill Options.

2. Arbitration

YOUR USE OF THIS WEBSITE AND THE SERVICES IT PROVIDES IS SUBJECT TO ANY ARBITRATION OR ALTERNATIVE DISPUTE RESOLUTION PROVISIONS OF YOUR CUSTOMER AGREEMENT WITH US. IF YOUR CUSTOMER TERMS OF SERVICE AGREEMENT HAS SUCH PROVISIONS, THEY ARE INCORPORATED BY REFERENCE HERE AND, AS A RESULT, WE’D EACH BE AGREEING TO SETTLE DISPUTES ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE SERVICES IT PROVIDES (EXCEPT CERTAIN SMALL CLAIMS) ONLY BY ARBITRATION. FOR MORE INFORMATION, SEE YOUR CUSTOMER AGREEMENT.

3. Incorporation By Reference

IN ADDITION TO ANY ARBITRATION OR ALTERNATIVE DISPUTE RESOLUTION CLAUSE, ALL OTHER TERMS AND CONDITIONS OF YOUR CUSTOMER TERMS OF USE AGREEMENT ARE INCORPORATED BY REFERENCE HERE, EXCEPT TO THE EXTENT THAT THEY ARE INCONSISTENT WITH AN EXPRESS TERM OF THESE TERMS AND CONDITIONS FOR ACCESS AND USE OF THIS WEBSITE. IN CASE OF SUCH A CONFLICT, THE TERMS AND CONDITIONS FOR ACCESS AND USE OF THIS WEBSITE WILL CONTROL. TO SEE YOUR CUSTOMER AGREEMENT, CLICK HERE.

4. Site Use and Content

You may view, copy or print pages from this site solely for personal, noncommercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from this site without the express written permission of Reach Mobile. At any time Reach Mobile may, without notice, make changes to this site or to the online services or products described in this site. Without the express prior written authorization of Reach Mobile, you may not:

use any data mining robots(“bots”), hardware or software modules that add a specific feature or service by plugging into an existing larger system (“plug-ins”), or similar data gathering and extraction tools, scripts, applications, or methods on this site;

use any device, software, or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of this site, server or activities conducted therein;

take any action that imposes an unreasonable or disproportionately large load on this site or its network infrastructure or that adversely affects our network or other customers;

decompile, reverse engineer, modify or disassemble any of the software in or associated with the network and/or server;

use any meta tags or any other “hidden text” utilizing Reach Mobile’ name or any Reach Mobile trademark or service mark without Reach Mobile’ prior written permission; or

frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Reach Mobile or use any Reach Mobile trademark except as set forth in section 6 and in our Website Use Terms and Conditions.

Reach Mobile reserves the right to modify, reject or eliminate any information residing on or transmitted to its server that it, in its sole discretion, believes is unacceptable or in violation of these terms and conditions and to suspend or end your service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of this site or the network infrastructure and/or data display by a person or entity that is not the authorized user of the account is illegal and Reach Mobile reserves the right to take legal action.

5. Links to Other Sites

This site, and the Reach Mobile site may include hyperlinks to websites maintained or controlled by third parties. Reach Mobile is not responsible for and does not endorse the contents of, use of, or any of the products or services offered in these third party sites.

6. Trademark information

The Reach Mobile service and product names identified in this site are trademarks or service marks of Reach Mobile or its parent companies. You may not use any Reach Mobile trademarks or service marks without Reach Mobile’s prior written permission. All other products or services referenced in this site are the trademarks or service marks of their respective owners. If you have any questions concerning the usage or licensing of Reach Mobile trademarks please review our Website Use Terms and Conditions.

7. Disclaimers

AS THE USER OF THIS WEBSITE AND THE REACH MOBILE ONLINE SERVICES, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SERVER AND THE INTERNET GENERALLY. REACH MOBILE, ITS PARENT AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR VIA, THIS SERVER OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. REACH MOBILE DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER. IN NO EVENT SHALL REACH MOBILE BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON THIS SERVER OR THE INTERNET GENERALLY.

8. No Warranties

Any Reach Mobile material on this server may include technical inaccuracies or typographical errors. Reach Mobile is not responsible for any damages incurred, consequential or otherwise. Reach Mobile has the right to make changes and updates to any information contained within this server without prior notice.

THE INFORMATION PROVIDED ON THIS SERVER AND WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY REACH MOBILE, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE ANY WARRANTY HEREUNDER. NEITHER REACH MOBILE NOR ITS AFFILIATES WARRANT THAT THE INFORMATION ON THIS SERVER OR ON THE INTERNET GENERALLY WILL BE UNINTERRUPTABLE OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9. Modifications

These terms and conditions may not be changed or supplemented in individual instances except in a writing that is signed by an authorized representative of Reach Mobile.