The following terms and conditions (the "Terms and Conditions") apply to all use of ReachEveryones's web site and services (the "Site") by all Users. ReachEveryone reserves the right to change these Terms and Conditions at any time by posting new terms and conditions or other notification on the Site. By clicking on the Accept button at the bottom of the page, you indicate that you have read and agree to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, you may not use ReachEveryone's Site.
Rights in the Site and the Associated Materials - All title, interest and ownership rights in and to the Site, and any associated software, files, data, documentation or any other materials provided by ReachEveryone (collectively, "Associated Materials"), including any improvements, modifications and enhancements made thereto, are and shall remain with ReachEveryone. User may not use the Site or the Associated Materials other than for internal purposes, subject to these Terms and Conditions. Except for those rights expressly granted in these Terms and Conditions, no other rights are granted, either express or implied, to User. User grants ReachEveryone a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to reproduce, display, transmit and otherwise use any text, images, information, data or other content (collectively, "Content") provided by User (such as by e-mail to ReachEveryone, uploading to the Site or otherwise providing the Content to the Site or to ReachEveryone).
Confidentiality of Passwords. An account is not transferable and may not be used by any individual other than the one to whom it is assigned. Each such individual having an account shall be subject to these Terms and Conditions. User shall be responsible for maintaining the confidentiality of accounts and passwords obtained by User. User agrees to notify ReachEveryone immediately of any unauthorized use of any passwords or accounts or any other breach of security regarding the Site of which the User has knowledge.
Registration Information. User agrees to provide current, complete and accurate information requested by ReachEveryone during the process of registration with, and use of, the Site and to update such information to keep it current, complete and accurate. If User has not registered with ReachEveryone, please contact support@reacheach1.com in order to register.
Licensing and Minimum Standards. User shall be responsible for assuring that User possesses all professional and other licenses, permits, and the like that are required, according to the policies of ReachEveryone or otherwise.
Transactions with Third Parties - User understands and agrees that: (a) ReachEveryone only provides the Site and does not execute transactions between User and any third party; (b) ReachEveryone is not a party to, third party beneficiary of, or a guarantor of performance with respect to any transactions between User and any third party; (c) ReachEveryone is not liable in any manner for any damages or costs of any type arising out of or in any way connected with transactions between User and any third party, including, but not limited to, all contracts, agreements, arrangements, scheduling and appointments with third parties; and (d) ReachEveryone is not liable in any manner to any person for the failure of that person to enter into or complete a transaction by means of the Site. ReachEveryone shall have no responsibility to investigate the background of, or confirm the identity of, other users of the Site, and User is solely responsible for all selection of parties with whom it does business, and for terms and conditions of its agreements with such parties. User, and not ReachEveryone, is solely responsible for determining whether service providers, realtors or other parties with whom User does business possess all required licenses in the relevant state or other jurisdiction. ReachEveryone has no responsibility for the quality or availability of goods and services, any purchaser's ability to pay, any third party's compliance with the terms of a particular transaction, or for any injury, loss or damage caused or alleged to have been caused by the goods or services obtained through use of the Site. User shall not involve ReachEveryone in any dispute between User and any other user.
Content and Linked Resources. ReachEveryone does not endorse the accuracy, reliability, integrity or legality of (i) any advice, proposals, advertisements, text, photographs, images, reports (including, but not limited to, inspection reports), data, information or other content (collectively, "Content") available on the Site or (ii) any links or pointers to other Internet sites. No Content provided on the Site is intended to constitute legal, tax, accounting or other professional advice from ReachEveryone.
Content from User. User agrees to be responsible for Content provided by User. User grants and agrees to grant ReachEveryone a non-exclusive, world-wide, perpetual, non-terminable, fully sublicensable, royalty-free right and license to reproduce, display, store, modify, transmit and otherwise use for any purpose in any medium now or hereafter developed any Content uploaded on the Site or otherwise provided by User. User shall obtain all necessary consents, authorizations and approvals from its clients or other parties as necessary to grant such license. User shall retain ownership of such Content. User shall retain ownership of User's trademarks, logos and artwork that User provides to ReachEveryone, and User grants and agrees to grant ReachEveryone a non-exclusive, world-wide, royalty-free right and license to reproduce, display, store, modify, transmit and otherwise use such material as necessary or desirable to carry out ReachEveryone's obligations under this Agreement. Any such use of User's trademarks by ReachEveryone shall inure solely to the benefit of User. Without limiting the foregoing, User agrees that ReachEveryone shall have the right to disclose, remove from the Site or take any other action with respect to Content deemed appropriate in ReachEveryone's sole discretion to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) protect the rights and property of ReachEveryone; (e) or protect the personal safety of ReachEveryone's employees, agents and users. User will indemnify, defend and hold harmless ReachEveryone and associated parties under Section 13 (Indemnification) for User's failure to comply with this Section.
User Conduct - User agrees not to use the Site or the Associated Materials to: (i) restrict or inhibit others from using and enjoying the Site; (ii) transmit or upload unauthorized advertising, promotional materials, junk mail, "spam," chain letters or any other form of unauthorized solicitation; (iii) transmit or upload any material that violates or infringes the rights of third parties including, without limitation, copyright, patent, trademark, rights of privacy or publicity or any other proprietary right; (iv) transmit or upload any virus or any programs or component designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; (v) transmit or upload any material that is unlawful, threatening, abusive, harmful, harassing, defamatory, tortuous, hateful, racially, ethnically or otherwise objectionable, obscene, sexually explicit or indecent; (vi) gain unauthorized access to other accounts on the Site, other computer systems or networks; or (vii) impersonate or otherwise misrepresent any person or entity, make false or misleading indications of origin or fact. User, and not ReachEveryone, shall be responsible for ensuring that User's use of the Site and the Associated Materials does not constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, regulation or ordinance, including, but not limited to, any applicable laws regarding real estate contracts, procedures and disclosures and U.S. law regarding the transmission of technical data. User agrees to obey the requirements, procedures and policies of computer systems connected to the Site. ReachEveryone shall have the right, but not the obligation, to monitor or review User's conduct on the Site.
The Site - ReachEveryone shall have the right, in its sole discretion, to change, suspend, refuse access to or discontinue the Site or any aspect of the Site, generally or with respect to User, at any time, including hours of operation and availability of any Site feature, database or Content without notice and without liability to User or any third party.
Errors. User may from time to time bring to the attention of ReachEveryone errors or deficiencies in the Site or Associated Materials with respect to hosting standards, service levels (including server uptime and accessibility of the Site), server response time, bandwidth, system redundancy, security measures and User support. ReachEveryone shall in good faith evaluate such errors or deficiencies and to the extent such errors or deficiencies cause the Site to be below industry standards for comparable sites, ReachEveryone will use good faith efforts commensurate with the severity of the error to correct the error or deficiency to bring the Site and/or Associated Materials in conformance with respect to such industry standards and deliver any updates associated therewith to User.
Privacy. The data that User provide to ReachEveryone on any registration form and any other information about User and given by User to ReachEveryone is subject to ReachEveryone's Privacy Policy. For more information on ReachEveryone's current Privacy Policy, see the full Privacy Policy at www.ReachEach1/privacy.com.
Proprietary Rights - User acknowledges and agrees that Content available on the Site, the Site and the Associated Materials are protected by copyrights, trademarks, service marks, patents or other applicable proprietary rights and laws. All title, interest and ownership rights in and to the Site and the Associated Materials, including any improvements, modifications and enhancements made thereto, are and shall remain in ReachEveryone. Except as expressly authorized, User agrees not to copy, distribute, transmit or modify the Site, the Associated Materials or Content available on the Site except where allowed herein. User shall not cause the Site to be displayed as a part of or within another Internet site or web page or resell or redistribute any portion of the Site, Associated Materials or Content available on the Site or provide access to the foregoing to any third party for financial gain. Except where expressly permitted by law, User agrees not to translate, reverse-engineer or reverse compile or decompile, dissemble or make derivative works from the Site or the Associated Materials.
Indemnification - User shall indemnify, defend and hold harmless ReachEveryone, its officers, directors, shareholders, employees, agents and representatives against all liability, demands, claims, costs, losses, damages, recoveries, settlements and expenses including without limitation interest, penalties, attorneys' fees, accounting fees, and expert witness fees arising out of or related to (i) User's use of the Site or the Associated Materials, (ii) any breach or non?compliance by User of these Terms and Conditions, and (iii) User's infringement of a third party's intellectual property. ReachEveryone shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by User, and User shall not in any event settle any matter without the written consent of ReachEveryone.
Disclaimer of Warranty - THE SITE AND ASSOCIATED MATERIALS, INCLUDING ALL CONTENT, FUNCTIONS, CALCULATIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROCESSED, OR ACCESSED THROUGH THE SITE AND ASSOCIATED MATERIALS, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ReachEveryone AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE SITE, THE SERVICES, THE ASSOCIATED MATERIALS, THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY OR ACCESSED THROUGH THE SITE AND ASSOCIATED MATERIALS, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, ANY ARRANGEMENT, AGREEMENT OR CONTRACT MADE WITH ANY THIRD PARTY THROUGH THE SITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ASSOCIATED MATERIALS OR ANY LINKED SITE. ReachEveryone AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS SITE AND SERVICE MAY NOT MEET USER'S REQUIREMENTS OR EXPECTATIONS. FURTHERMORE, THERE IS NO WARRANTY THAT THIS SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. LOSS OF CONTENT OR DATA COULD OCCUR. IT IS SOLELY USER'S RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, USEFULNESS OR VALIDITY OF ALL REPORTS, OPINIONS, ADVICE, SERVICE, PROMOTIONS, ADVERTISEMENTS, OR OTHER INFORMATION AND THE QUALITY AND MERCHANTABILITY OF ALL GOODS AND SERVICES OFFERED ON THE SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liabilities
ReachEveryone SHALL NOT BE RESPONSIBLE OR LIABLE TO USER OR ANY THIRD
PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL,
SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH
ReachEveryone OR THE SITE AND ASSOCIATED MATERIALS, OR USE THEREOF,
OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING
ON THE SITE AND ASSOCIATED MATERIALS OR ANY GOODS, SERVICES, OR
INFORMATION PURCHASED, RECEIVED OR SOLD BY WAY OF THE SITE AND ASSOCIATED
MATERIALS, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE
CAUSE OF ACTION, EVEN IF ReachEveryone HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE OR LOSS.
IN NO EVENT SHALL ReachEveryone'S TOTAL CUMULATIVE LIABILITY ARISING
FROM OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE AND ASSOCIATED
MATERIALS EXCEED $100.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
Third Party Rights - These Terms and Conditions are not intended and shall not be construed to create any rights or remedies in any parties other than the parties hereto and no person shall assert any rights as a third party beneficiary hereunder.
No Waiver - The failure of ReachEveryone to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Severability - If any provision of these Terms and Conditions is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. In any event, the remaining provisions shall be enforced.
Governing Law - THESE TERMS AND CONDITIONS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.
BY COMPLETING THE ELECTRONIC ACCEPTANCE PROCESS AND CLICKING THE "ACCEPT" BUTTON, YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN.

