- My Reach Mobile Terms and Conditions
Date of Last Update: February 2nd 2021
IMPORTANT NOTICE: EXCEPT AS OTHERWISE DESCRIBED IN THE DISPUTES SECTION BELOW, BY USING THE SERVICES YOU AGREE THAT DISPUTES BETWEEN YOU AND REACH MOBILE ABOUT THESE TERMS AND THE SERVICES WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY, BY USING THE SERVICES YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF 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.
By using our Services, you represent and warrant that you are at least 18 years old, or old enough to form a binding contract in the jurisdiction in which you reside, if that age is older than 18. If you are under 18 years old or if you are unable to form a binding contract in the jurisdiction in which you reside, but you are at least 13 years of age, you may only use our Services with legal parental or guardian consent provided that such parent or legal guardian agrees to be bound by the Terms and agrees to be responsible for your use of the Services. If you are under the age of 13, you may not use the Services. 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. If you are a parent or guardian agreeing to these terms on behalf of your child who is over the age of 13, 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.
- CHANGES TO THE SERVICES
We reserve the right to change or modify temporarily or permanently, the Services (or any portion of the Services), or to discontinue certain features and functionality contained within the Service, in each case including without limitation 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 such modification, suspension or discontinuance of the Services (or any portion thereof). We may also, in our sole discretion, decide to permanently discontinue the Services. If we permanently discontinue the Services, we shall give you notice of such discontinuation and, as our sole liability for such discontinuation, refund any pre-paid fees for Services you have not received, if the discontinuation occurs before the end of any subscription for which you have paid.
- 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. You agree to provide additional information we may reasonably request and to answer truthfully and completely any questions we might ask you in order to verify your identity. 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 of which you are aware or suspect. 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
- 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 may be 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, non-transferrable, non-exclusive right to access the Services, the Content and the Software for your personal non-commercial use only. This license may not be used by or for the benefit of any other person or third party. If applicable, You are authorized to use the Services, Content and Software only during the subscription period that you register and pay for. 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. Other than as expressly set forth in these Terms, no licenses or rights are granted to you by implication or otherwise. Notwithstanding the foregoing, if the Software has a separate set of terms and conditions that accompany it, those separate terms and conditions shall control over these Terms with respect to your use of the Software. Certain third party software agreements may be between you and a third party, and Reach Mobile may not be a party to those agreements.
- COPYRIGHT COMPLAINTS
Reach Mobile respects the intellectual property rights of others. If you are a copyright owner or exclusive copyright holder, or are authorized to act on behalf of one, and 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 the following written information:
- The full legal name and 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, or if multiple copyrighted works in a single online site are covered by this notification, a representative list of the copyrighted works;
- A specific description of where the material that you claim is infringing is located on the Services;
- Your name, 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.
All notices of claims of copyright infringement on the Services must be sent as follows:
You acknowledge that if you fail to comply with all the requirements above, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications. We also recommend that you consider consulting legal counsel.
- TRADEMARKS, SERVICEMARKS AND INTELLECTUAL PROPERTY RIGHTS
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.
Our Services are protected by various intellectual property laws which may include patent, copyright, trade secret, trademark, and trade names protection. You agree to respect all copyright and other legal notices, information, and restrictions contained in the Services, Software and content.
You acknowledge and agree that other than Third Party Products (as defined below in Section 8) the Services are proprietary to Reach Mobile and its licensors and that Reach Mobile and/or its licensors retain exclusive ownership of the Services, including all modifications, enhancements, derivatives, and other software, documentation and materials relating to the Services (including any and all patents, copyrights, trade secret rights, trademarks, trade names and other proprietary rights embodied therein or associated therewith), and all copies thereof.
- THIRD-PARTY PRODUCTS AND SERVICES
Parties other than Reach Mobile may offer and provide information, products and services on or through the Services (“Third Party Products”). 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 Third Party Products 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 Third Party Products, or the third party 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. Any use by you of the Third Party Products is at your sole risk. We have no liability whatsoever arising from or relating to your use of any such Third Party Products, and we make no representations or warranties with respect to such Third Party Products, 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.
- PRODUCT AND SERVICE INFORMATION
You acknowledge that except as required by law, you shall acquire no proprietary interest in the number (MDN) or SIM (Subscriber Identity Module) assigned by Reach Mobile for your use. You acknowledges that any intellectual property or software in the SIM not provided by Reach Mobile or you is the property of the supplier of Services to Reach Mobile, and such supplier may change or update the software or other data in the SIM card or the software in the equipment over the air and utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes. The supplier of Services to Reach Mobile shall have no liability whatsoever for your losses, claims or damages for any cause whatsoever, including but not limited to any failure or disruption of Services provided hereunder, regardless of the form of action, whether in contract, tort or otherwise. You shall not be deemed a third-party beneficiary of any contract between Reach Mobile and Reach Mobile’s supplier of Services.
Services may be temporarily refused, interrupted, curtailed or otherwise limited because of transmission limitations caused by any factor, including, but not limited to, physical obstructions; network congestion; atmospheric, environmental or topographical conditions; system and/or facilities interference, limitations or constraints; or system and/or facilities changes, modifications, updates, relocations, repairs, maintenance or other similar activities necessary for the proper or improved operation of the facilities.
You may encounter temporary capacity-constraint-related symptoms, such as excessive call blocking, call dropping, or data–throttling. Reach Mobile is not liable for any claim or damage related to or arising out of or in connection with (i) any such temporary capacity constraint, (ii) any coverage gaps, or (iii) any temporary Services refusal, interruption, curtailment or other limjtation.
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. 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. All content is for your personal and non-commercial use only. No content is intended to provide financial, legal, tax or other professional advice. The quality of the display of the content may vary from device to device and may be affected by factors outside of our control, such as your internet connection and geographic location.
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. 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.
- ONLINE ORDERS
You may place orders via our website. All orders are subject to acceptance by Reach Mobile.
Please note that certain items may have limited quantities available, and we reserve the right to change quantities available for purchase at any time. Furthermore, 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 at any time. This includes, but is not limited to, orders made per person, per address, per order, per account, and per credit card; as well as any order that we believe is placed in violation of applicable law, or with the intent to resell, reverse engineer, or otherwise misuse the items. If your order is confirmed by us and we subsequently learn that we cannot supply the ordered item, we will cancel the order and refund your purchase price for the cancelled item(s). We will have no other liability for canceling an order.
All promotional offers are valid once per user per account, device and/or Mobile number. Offer may not be combined with any other promotional offers or discounts unless otherwise specified. Offers exclude taxes, shipping & handling charges, processing fees. All offers are void where prohibited.
We reserve the right to change prices at any time without notice. All prices are in United States Dollars (USD). Prices are exclusive of shipping charges and applicable taxes. All payments shall be made via credit card. You represent and warrant that you will not use a credit card unless you have all necessary legal authorization to do so. We are not responsible for any unauthorized amounts billed to your credit card by a third party.
- Debit/credit card payment processing is performed by a third party. As a condition to our enabling credit card payment processing services, you agree to provide accurate and complete information about you, and you authorize the third party payment processor to receive, process and store such informaton, as well as transaction information related to your use of the payment processing services. In all cases, standard credit card or other third party processing fees apply. We are not responsible for the performance of any third party credit card processing or third party payment services.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, 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.
- 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 acknowledge that your submission of the Submitted Material is completely voluntary and 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. Reach Mobile under no obligation to respond to any Submitted Materials.
- 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:
- is unlawful, threatening, libelous, defamatory, obscene, pornographic, or is otherwise objectionable to us in our sole discretion;
- infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights;
- removes any proprietary notices or labels on the Content;
- advocates or solicits violence, criminal conduct or the violation of any local, state, national or international law or the rights of any third party;
- 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;
- specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
- constitutes unsolicited or unauthorized advertising, junk or bulk e-mail (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
- interferes with others using the Services;
- is off-topic according to the description of the group, forum or webpage;
- 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;
- contains a charity request, petitions for signatures, chain letters or letters relating to a pyramid scheme;
- disrupts, interferes or inhibits any other user from enjoying the Services or other affiliated or linked websites, material, contents, products and/or services;
- 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;
- creates a false identity for the purpose of misleading others;
- 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;
- uses any Reach Mobile domain name as a pseudonymous return email address;
- 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);
- 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;
- 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;
- 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;
- publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
- systematically collects and uses any Content including the use of any data mining, scraping, or similar data gathering and extraction methods;
- makes derivative uses of the Services or the Content;
- 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
- 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, or accesses or uses the Services for the purposes of creating a competitive product. 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.
- We can, without notice, limit, suspend or end your Service or any agreement with you for any good cause, including, but not limited to: (1) if you: (a) breach this agreement; (b) resell your Service; (c) use your Service for any illegal purpose, including use that violates trade and economic sanctions and prohibitions promulgated by any US governmental agency; (d) install, deploy or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate an RF signal that may be prohibited by our network provider; (e) steal from or lie to us; (f) do not pay your bill on time; (g) incur charges larger than a required deposit or exceeds reasonable limits of usage of the Service, if any and as per the sole discretion of Reach Mobile, or billing limit, or materially in excess of your allocated or reasonable amount of access quota (even if we haven’t yet billed the charges); (h) invalid payment details, either due to expiry of your credit/ debit card, failure of charge, interim charge or hold, which may choose to apply from time to time; (i) are unable to pay us or go bankrupt; or if you, any user of your device or any line of service on your account, or any account manager on your account: (a) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (b) interfere with our operations; (c) “spam,” or engage in other abusive messaging or calling; (d) modify your device from its manufacturer’s specifications; or (e) use your Service in a way that negatively affects our network or other customers. We can also temporarily limit your Service for any operational or governmental reason.
- If we don’t get your payment on time, we will charge you a late payment fee of up to 1.5 percent per month (18 percent per year) on the unpaid balance, or a flat $10 per month, whichever is greater, to the maximum extent permitted by law in the state of your billing address. Late fees are part of the rates and charges you agree to pay.
You shall not install, deploy, sell or promote the use of any regeneration equipment or similar mechanism (e.g.,a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal.
Unless you are participating in an area of the Services that requires or encourages anonymity, you will use your real name. You will not to use the Services in or for the benefit of a country, organization, entity, or person embargoed or blocked by the United States government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC).
A breach or violation of any of the above obligations may result in an immediate termination or suspension of your ability to use or access the Services.
- Social Good: Give-Back
Reach Mobile is focused on social good. We believe “Mobile connectivity is for everyone”. For every plan that you buy we will Give-back 10% of the cost of the data volume purchased by Reach Mobile 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 may have the right to select a ‘Social Good Cause’ and the associated NGO/ charity organization, on best effort basis by Reach Mobile, 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 cost of data borne by Reach Mobile. 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 warrants that there is no established ratio of number of recipients of the Give-Away to the number of Customers on Reach Mobile. 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-back 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-back policy from time to time.
- Your Consent to be Contacted
You consent to be contacted by you without charge, on any wireless telephone number assigned to your account for any purpose, including marketing messages, and in any manner permitted by applicable law. You may opt out of receiving these communications by sending an email to email@example.com.
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 and that you have provided all notices required by applicable law.
- 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.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- 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, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU, HOWEVER THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.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. Reach Mobile does not warrant or guarantee any present or future Services availability in any specific or particular location.
- 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. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING HOW THE CONTENT OR MATERIAL WILL APPEAR YOUR SPECIFIC DEVICE.
- 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.
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.
- 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 GOODWILL, LOSS OF CONTRIBUTIONS, LOSS OF SAVINGS, LOSS OF REVENUE, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, 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 OR ARISING OUT OF THIS AGREEMENT, EVEN IF REACH MOBILE OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF REACH MOBILE ARISING OUT OF OR IN CONNECTION WITH THES TERMS OR FROM USE OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).YOUR SOLE AND EXCLUSIVE 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 OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
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, on demand, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees due to or arising out of Submitted Material, Content or any other content or information 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.
You may stop using the Services at any time. 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.
You remain liable for your payment obligations made by you prior to any termination. Upon any termination, Reach Mobile shall no longer provide the applicable Services to you and you shall cease using the Services. Termination of this Agreement by either party will be a nonexclusive remedy for Reach Mobile and will be without prejudice to any other right or remedy of Reach Mobile. Provisions which by their nature should survive termination of these Terms shall survive any such termination.
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. 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.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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 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.
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 firstname.lastname@example.org, 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.
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,
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE JAMS, INC. (“JAMS”) RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES. ARBITRATION SHALL TAKE PLACE IN BOSTON, MASSACHUSETTS. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THESE TERMS.
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.
DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND REACH MOBILE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
YOU AND REACH MOBILE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
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. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST REACH MOBILE INCLUDING WITHOUT LIMITATION ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Reach Mobile is a party to the 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). REACH MOBILE OR YOU MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS.
As an alternative, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. You may bring claims only on your own behalf.You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms must be filed by you within one (1) year after such claim of action arose or be forever banned.
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 email@example.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 (unless a longer period is required by applicable law), and then you must litigate any disputes against us in accordance with Massachusetts law, and any claim or cause of action must be brought by you exclusively in a federal or state court of competent jurisdiction sitting in Massachusetts. Such notification must include: (i) your name; (ii) your email and mailing address, and (iii) a statement that you do not wish to resolve disputes with us through arbitration or waive your ability to participate in a class action..
If you do not notify us in accordance with this paragraph, you agree to be bound by the terms of this Disputes section, including without limitation the arbitration and class-action waiver provisions, and further including such provisions in any revisions we make to these Terms after the date of your first acceptance. 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 we make any changes to this Disputes section (other than a change to the address at which we will receive notices or rejections of future changes to this Disputes section), you may reject any such change by sending us written notice, within thirty (30) days of the change, to the address set out at the end of these Terms. If you have not properly opted out, then by rejecting a future change, you are agreeing that you will arbitrate any dispute between you and Reach Mobile in accordance with the language of this Disputes section, as modified by any changes you did not reject.
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.