14.2 Hardware, Software, and Operating System Minimum Requirements
14.3 Withdrawing Consent
14.4 Updating Records
External Links
No Legal, Tax, or Financial Advice; Alerts
Limitation of Liability
Indemnification
Dispute Resolution by Binding Arbitration
19.1 Agreement to Arbitrate
19.2 Informal Dispute Resolution
19.3 Arbitration Procedures
19.4 Arbitration Fees
19.5 No Class Actions
19.6 Severability of Arbitration Provision
19.7 Judicial Forum for Disputes
19.8 Opt-Out Procedure
19.9 Amendment
Governing Law
Third-Party Beneficiary
Severability
Survival
General
Contacting Us and Complaints
1. Introduction
These Terms of Use (“Terms”) are between you and Reach AI Inc and its subsidiaries (“Reach,” “we,” “us,” and “our”). Reach AI Inc is a fintech company incorporated in Delaware, United States, under registration number 6915360, with its principal office located at [Insert U.S. Address]. Reach provides the services described below (collectively, the “Services”) through the website www.letsgetreach.com (the “Site”) and associated applications (“Applications”).
Your use of the Services is subject to these Terms. By accessing or using the Site or any Service, you agree to be bound by these Terms. You should print or save a copy of these Terms for future reference. Use of your personal information submitted to us as part of the provision of the Services is governed by our Privacy Policy and Cookies Policy, which are incorporated as part of these Terms by reference.
As part of the Services, we may offer you access to products and services offered by us or others. These products and services may be subject to other agreements or authorizations. In the event of a conflict between these Terms and other agreements or authorizations concerning products or services offered through the Platform, such other agreements or authorizations shall prevail.
PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE BINDING ARBITRATION PROVISION IN SECTION 19, WHICH INCLUDES A CLASS ACTION WAIVER. IT WILL HAVE A SUBSTANTIAL EFFECT ON YOUR RIGHTS IN THE EVENT OF A DISPUTE UNLESS YOU OPT OUT IN ACCORDANCE WITH SECTION 19.8 BELOW.
2. Acceptance of Terms
By accessing or using the Site or any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or the Services.
3. Changes to the Services and Terms
We may update our Terms of Service to reflect changes in our services, practices, or to comply with new legal requirements.
Notification Method:
WhatsApp Communication: Since our service is currently hosted exclusively on WhatsApp, we will notify all users of significant changes to the Terms of Service via WhatsApp messages. This direct approach ensures that you receive the update promptly within the platform you use to interact with our services.
Access to Updated Terms:
Website Availability: The updated Terms of Service will be available on our website at www.letsgetreach.com/terms-of-service.
WhatsApp Profile Description: You can also access the updated Terms in the description section of our WhatsApp profile.
Ease of Access: We make the updated Terms easily accessible so you can review the changes at your convenience.
User Rights Regarding Updates:
Right to Object: If you do not agree with the updated Terms of Service, you have the right to object to the changes.
How to Object: You can object by emailing us at support@letsgetreach.com within 30 days of receiving the notification. Please include your concerns or the specific parts of the Terms you are objecting to so we can address them appropriately.
Acceptance of Changes: If you do not object within the 30-day period, it is considered that you have accepted the new Terms. Continued use of our services after this period signifies your acceptance.
Impact of Objection:
Service Continuity: Objecting to the updated Terms of Service may affect our ability to provide certain services to you. We will work with you to address your concerns, but some functionalities that rely on the updated terms may no longer be available.
Data Handling: We will continue to handle your data in accordance with the last accepted version of the Terms of Service until the issue is resolved.
Transparency and Communication:
Open Dialogue: We encourage you to reach out if you have any questions or concerns about the updates. Our goal is to maintain transparency and build trust with our users.
Support Contact: For any inquiries, please contact us at support@letsgetreach.com.
Key Points to Remember:
Prompt Notification: You will be notified directly via WhatsApp, ensuring timely awareness of any changes.
Easy Access: The updated Terms are readily available on our website and WhatsApp profile for your review.
Your Control: You have the right to accept or object to the changes, giving you control over your personal data and how it's used.
Action Required: To object, you must contact us within 30 days; otherwise, the new Terms will automatically apply to you.
Commitment to Transparency: We are dedicated to keeping you informed and respecting your choices regarding your personal information.
4. Registering for the Services
4.1 Registration
To use the Services, you must first register to set up a Reach account with us by completing the account registration form available on the Site or Applications. You only need to register once. Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any registration request without giving a reason. If we approve your registration, you will receive a notification from us.
4.2 Eligibility
To be eligible to use the Services and set up a Reach account, you must be:
A legal resident of the United States.
Of legal age to form a binding contract (18 years or older).
Not prohibited by law from using any of the Services.
Please note that additional eligibility criteria may apply to certain Services offered through the Site. It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By registering, you confirm to us that you meet all of the minimum eligibility criteria.
4.3 Accuracy of Information
You agree to provide us with accurate, complete, and up-to-date contact information, which may include your email address and mobile telephone number. You are responsible for the information you provide to us and keeping such information up to date. You must promptly update your Reach account in the event of any changes to the information you have provided.
4.4 Verification of Information
You authorize Reach, directly or through third parties, to make any inquiries we consider necessary to verify your identity and the information you provide. This may include:
Screening you against third-party databases or other sources.
Requesting reports from service providers.
Asking you to provide a form of government identification (e.g., driver’s license or passport) to check your name, place and date of birth, address, nationality, and/or other information which we deem necessary under applicable laws.
Requiring you to take steps to confirm ownership of your email address.
Reach reserves the right to terminate, suspend, or limit access to the Services in the event we are unable to obtain or verify any of this information.
5. Your Use of the Services
You may only use the Site and the Services for your own personal, non-commercial use, and not on behalf of, or for, any third party. Any use of the Site or the Services in violation of law is strictly prohibited. Some Services may not be available in all U.S. states, and we reserve the right to limit the availability of the Site and the Services at any time.
6. Security
You must take all reasonable precautions to keep your Reach account username and personalized security credentials confidential and secure at all times and use them only to access and use your Reach account and not for any other purpose. You must contact us immediately if you discover or suspect any unauthorized use of your Reach account or any error in the operation of your username and/or personalized security credentials. If you discover or suspect any unauthorized use of a payment or financial account linked to your Reach account, you should immediately notify the provider of that account. We may, from time to time, with or without prior notice, temporarily suspend the operation or access to any aspect of the Services if we believe there has been unauthorized access to your Reach account or we suspect it is being used for illicit or improper purposes.
7. Overview of the Services
7.1 Reach Personal Financial Management Services
Reach offers a suite of services and features enabling you to gain insight into your spending data and trends, help you budget and save. Reach provides smart budgeting and optimal savings systems based on users' banking data track records and dynamic analysis of users' financial behavior. These services include:
Budget Management
Savings Goals
Personalized Financial Insights
Important Note: Although Reach is helping users avoid overdraft fees and optimize their financial journey, Reach is not responsible for any overdraft fees, over-the-limit fees, insufficient fund charges, or any other bank fees that result from your failure to maintain a sufficient balance in your linked account. Even though Reach is designed to help you optimize your financial decisions, the decision-making of spending or not is exclusively on you, the user.
8. Third-Party Account Information and User Consent
To use the Services, you may direct Reach to retrieve your account transaction history, balance information, and other information maintained by third parties with which you have relationships, maintain accounts, or engage in financial transactions (“Third-Party Account Information”).
Explicit Consent for Accessing Bank Information
Use of Third-Party Open Banking Platforms: We partner with trusted third-party services, such as Plaid and Salt Edge, to securely connect with your bank accounts.
Consent Process:
Authorization Required: Before accessing any of your account information, we obtain your explicit consent.
Secure Interface: You are directed to a secure interface managed by Plaid or Salt Edge.
Information Disclosure: You are informed about the specific data to be accessed:
Account Details: Account numbers, balances, account types, and institution names.
Regular Payments: Standing orders, direct debits, scheduled payments.
Transaction History: Full banking transaction history including dates, amounts, and merchant names.
Active Agreement: You grant consent by following the prompts and securely entering your banking credentials.
GDPR Consent for Data Sharing:
By completing the consent process, you give your explicit consent under GDPR and other applicable laws for Plaid, Salt Edge, and other necessary third-party services to share your banking information and future updates with Reach. This consent allows us to provide you with personalized financial advice.
Consent for Data Processing and Use
Purpose of Data Collection:
To provide and improve our services.
To offer personalized financial recommendations.
Legal Basis for Processing:
Explicit Consent: Your consent during the account linking process.
Contractual Necessity: Processing is necessary to deliver the services you request.
Compliance with Legal Obligations: Adhering to applicable laws and regulations.
User Rights:
Right to Withdraw Consent: You can withdraw your consent at any time by contacting us at support@letsgetreach.com.
Impact of Withdrawal: Withdrawing consent may affect our ability to provide certain services, and you may receive less value from Reach.
Consent Regarding WhatsApp Communications
Service Platform: Our service is currently hosted exclusively on WhatsApp.
WhatsApp Privacy:
Meta's Responsibility: Privacy matters related to WhatsApp messages are governed by Meta's policies.
Data Use: We use WhatsApp solely for communication purposes and do not share your messages with third parties, except as necessary.
User Agreement:
By communicating with us via WhatsApp, you consent to WhatsApp's data practices as outlined in their Privacy Policy.
Consent for Policy Updates
Notification of Changes:
We will notify you of significant changes to our Terms of Service via WhatsApp messages.
Access to Updated Terms:
The updated Terms will be available on our website and in our WhatsApp profile description.
Right to Object:
You have 30 days to object to the updated Terms by emailing us at support@letsgetreach.com.
Acceptance of Changes: Not objecting within this period implies your acceptance of the new terms.
Consent for Automated Decision-Making
AI Model Usage:
Our AI may use automated processes to provide recommendations.
User Rights:
You have the right to request human intervention if you are affected by an automated decision.
General Data Protection Rights
Access and Correction:
You can access and correct your personal information at any time.
Deletion and Portability:
You can request deletion of your data or receive it in a structured, commonly used format.
Restriction and Objection:
You can limit or object to the processing of your data. However, this may compromise your experience with Reach.
9. Prohibited Activities
In connection with your use of our Site, Services, or in the course of your interactions with Reach, other Reach users, or third parties, you must not:
Violate any law, statute, ordinance, or regulation.
Infringe Reach’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
Provide false, inaccurate, or misleading information.
Scrape content or store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site.
Remove or change any content of the Site or attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted.
Create links to the Site from any other site without our prior written consent, although you may link from a site that is operated by you provided the link is not misleading or deceptive and fairly indicates its destination, you do not imply that we endorse you, your site, or any products or services you offer, you link to (and do not frame or replicate) the home page of the Site, and the linked site does not contain any content that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive, or which infringes on the intellectual property rights or other rights of any third party.
Take any action that imposes an unreasonable or disproportionately large load on our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf or the Services.
Facilitate any viruses, trojan horses, malware, worms, or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate, or gain unauthorized access to any system, data, information, or the Services.
Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our websites without our prior written permission; or use any device, software, or routine to bypass our robot exclusion headers.
Interfere or disrupt or attempt to interfere with or disrupt our websites, software, systems (including any networks and servers used to provide any of the Services) operated by us or on our behalf, any of the Services, or other users’ use of any of the Services.
Harass or threaten our employees, agents, or other users.
You must only use the Services and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates. All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.
10. Effect of Breach
If you have breached these Terms, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
Terminating this Agreement and/or closing or suspending your Reach account.
Issuing a warning to you.
Immediate suspension or permanent withdrawal of your right to use any Service.
Taking legal action against you.
Updating inaccurate information you provided us.
Refusing to provide Services to you in the future.
Disclosing all relevant information to law enforcement authorities as we reasonably believe is necessary.
Any other action we deem appropriate in accordance with applicable laws.
You are responsible for any liability incurred by Reach or any third party caused by or arising out of your breach of these Terms.
11. Suspension and Termination
11.1 Reach's Suspension and Termination Rights
Reach may terminate these Terms at any time without notice, or suspend or terminate your access and use of the Applications, Site, or the Services at any time, with or without cause, at Reach’s absolute discretion and without notice.
11.2 Effect of Termination
Upon termination of these Terms:
All rights granted to you under these Terms will immediately cease, except for those surviving termination as set forth in these Terms.
Reach will delete any personally identifiable information upon request, subject to our Privacy Policy and applicable laws.
We will retain any data and information that is required of us by law.
You must promptly discontinue all use of the relevant Service(s).
11.3 Your Termination Rights
You may terminate your Reach account at any time by emailing us at support@letsgetreach.com.
12. Intellectual Property Rights
All intellectual property rights in any content of the Services (including text, data, graphics, software, photographs and other images, videos, sound, trademarks, service marks, layouts, designs, icons, interfaces, logos, and other intellectual property rights that may exist now or come into existence in the future) (collectively, the “Content”) are owned by us or our licensors, as applicable. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any Content owned by us or our licensors, and you acknowledge that you do not acquire any ownership rights by downloading Content from the Site. In the event you print off, copy, or store pages from the Site (only as permitted by these Terms), you must ensure that any copyright, trademark, or other intellectual property right notices contained in the original Content are reproduced. The Content is protected by United States and international intellectual property laws, and Reach reserves all rights, title, and interest in and to the Content. You may not copy, reproduce, imitate, modify, publish, or use the Content without our prior written consent, and you may not use the Content in a manner that mischaracterizes Reach or display the Content in a manner that implies Reach’s sponsorship or endorsement.
13. Disclaimer of Warranties
We do not guarantee the continuous, uninterrupted, or error-free operability of the Services. There may be times when certain features, parts, or content of the Site, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended, or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension, or withdrawal of the Services, or any features, parts, or Content of the Services.
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, REACH AND ALL OF ITS SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, STOCKHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ATTORNEYS AND THEIR RESPECTIVE HEIRS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “REACH PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO THE CONTENT OR OPERATION OF THE SITE OR THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK.
THE REACH PARTIES MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE INFORMATION OR CONTENT ON THE SITE OR THE SERVICES, AND EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. THE REACH PARTIES MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE SITE OR SERVICES ARE FREE OF VIRUSES, BUGS, DEFECTS, ERRORS, OR OTHER COMPUTING ROUTINES THAT CONTAIN DAMAGING OR OTHERWISE CONTAMINATING PROPERTIES, OR PROGRAMS INTENDED TO INTERCEPT OR STEAL PERSONAL OR SYSTEM DATA.
14. Communications to be Provided in Electronic Form
By choosing to use the Applications and the Services, you will receive from time to time disclosures, notices, agreements, statements, and any other communications about our Services, the Applications, or Reach from Reach electronically (“Communications”). You consent to receive these Communications electronically.
We can only give you the benefits of our Services by conducting business through the Internet and WhatsApp, and therefore we need you to consent to receiving Communications electronically. This Section informs you of your rights when receiving electronic Communications from us. We may discontinue electronic provision of Communications at any time in our sole discretion.
14.1 Communications in Writing
By accepting these Terms, you agree that electronic Communications shall be considered “in writing” and have the same meaning and effect as if provided in paper form, unless you have withdrawn your consent to receive Communications electronically as stated below. You agree that we have no obligation to provide you Communications in paper format, although we reserve the right to do so at any time. You also have the right to request that specific electronic records be provided in writing by contacting support@letsgetreach.com.
14.2 Hardware, Software, and Operating System Minimum Requirements
You understand that, in order to view and/or retain copies of the electronic Communications, you will need:
A mobile device that meets the requirements of the Reach Application (e.g., WhatsApp-compatible device).
A valid email address.
Sufficient storage space to save Communications on your device or the capability to print the Communications from the device on which you view them.
14.3 Withdrawing Consent
You may withdraw your consent to receive Communications electronically by contacting us at support@letsgetreach.com. If you withdraw your consent, we reserve the right to limit or close your Reach account. If you withdraw your consent, the legal validity and enforceability of prior Communications delivered in electronic form will not be affected.
14.4 Updating Records
As noted above, you can update your user information in the Applications or by emailing us at support@letsgetreach.com.
15. External Links
The Site may, from time to time, include links to external sites, which may include links to third-party offers and promotions. We include these to provide you with access to information, products, or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.
16. No Legal, Tax, or Financial Advice; Alerts
REACH DOES NOT INTEND TO PROVIDE YOU WITH ANY LEGAL, TAX, OR FINANCIAL ADVICE THROUGH THE APPLICATIONS, SITE, OR SERVICES. REACH IS NOT A LAWYER, TAX ADVISOR, BROKER, OR FINANCIAL PLANNER. REACH ENCOURAGES YOU TO CONSIDER CONSULTING AN ACCOUNTANT OR OTHER FINANCIAL ADVISOR AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES BEFORE IMPLEMENTING ANY FINANCIAL STRATEGY OR MAKING ANY OTHER FINANCIAL DECISION.
Reach will make reasonable efforts to provide timely and accurate alerts to you, but you acknowledge and understand that alerts may be delayed or prevented for various reasons. Reach does not guarantee the delivery, accuracy, or timeliness of alerts. Further, Reach is not liable for any errors in the delivery or content of an alert, and Reach is not liable for actions you take, or do not take, in reliance on alerts. Reach is not liable for any third-party reliance on alerts.
17. Limitation of Liability
THE REACH PARTIES WILL NOT BE RESPONSIBLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING DAMAGES UNDER WARRANTY, CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CLAIMS, ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATIONS, SITE, OR THE SERVICES, THE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE APPLICATIONS, SITE, OR THE SERVICES, EVEN IF REACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE REACH PARTIES WILL ALSO NOT BE LIABLE TO YOU FOR ANY USE OF INFORMATION, DATA, OR OTHER MATERIAL TRANSMITTED VIA THE APPLICATIONS, SITE, OR THE SERVICES, OR FOR ANY ERRORS, DEFECTS, INTERRUPTIONS, DELETIONS, OR LOSSES RESULTING FROM, INCLUDING LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO, OR USE OF, THE APPLICATIONS, SITE, OR THE SERVICES. IN NO EVENT WILL THE REACH PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED USD $1,000 (ONE THOUSAND UNITED STATES DOLLARS).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Applications, Site, or the Services, or with these Terms, your sole and exclusive remedy is to discontinue use of our Services.
18. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Reach Parties from and against any and all claims, losses, expenses, demands, or liabilities, including reasonable attorneys’ fees, arising out of or relating to:
Your access to, use of, or alleged use of the Applications, Site, or Services.
Your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation.
Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right.
Any disputes or issues between you and any third party.
The Reach Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree not to settle any matter without the prior written consent of the applicable Reach Parties.
19. Dispute Resolution by Binding Arbitration
19.1 Agreement to Arbitrate
You and Reach agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms or your use of the Services (“Dispute”) will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND REACH HAVE AGAINST EACH OTHER ARE RESOLVED.
19.2 Informal Dispute Resolution
Before initiating arbitration, you and Reach agree to first attempt to negotiate an informal resolution of any Dispute. You can email us at support@letsgetreach.com with a description of the Dispute and your proposed resolution. If the Dispute is not resolved within thirty (30) days, either party may then proceed to arbitration.
19.3 Arbitration Procedures
Any arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879.
The arbitration will be conducted by a single, neutral arbitrator. Any arbitration hearing will take place in the county where you reside or at another mutually agreed location. If the value of the relief sought is $25,000 or less, either party may elect to have the arbitration conducted by telephone or based solely on written submissions.
19.4 Arbitration Fees
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. Each party will bear their own attorneys’ fees and costs unless the arbitrator determines that a claim is frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party.
19.5 No Class Actions
YOU AND REACH 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. Unless both you and Reach agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
19.6 Severability of Arbitration Provision
If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable provision shall be severed from these Terms; (b) severance of the unenforceable provision shall have no impact whatsoever on the remainder of this Section 19 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration.
19.7 Judicial Forum for Disputes
In the event that this Arbitration Agreement is found not to apply to you or your claim, you and Reach agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Wilmington, Delaware. Both you and Reach consent to venue and personal jurisdiction there.
19.8 Opt-Out Procedure
You may opt out of this Arbitration Agreement. If you do so, neither you nor Reach can require the other to participate in an arbitration proceeding. To opt out, you must notify Reach in writing within 60 days of the date that you first became subject to this arbitration agreement. The opt-out notice must include your name and address, your Reach username (if any), and the email address you used to set up your Reach account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must send your opt-out notice to: support@letsgetreach.com.
19.9 Amendment
Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any amendment to this Arbitration Agreement (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Reach prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Arbitration Agreement that have arisen or may arise between you and Reach.
20. Governing Law
These Terms and any Dispute arising out of or related to these Terms or the Services will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to its conflict of laws provisions.
21. Third-Party Beneficiary
You agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such parties were a party to these Terms.
22. Severability
Except as otherwise set forth in Section 19 (“Dispute Resolution by Binding Arbitration”), if any provision of these Terms is found to be invalid, unlawful, void, or unenforceable by an arbitrator or a court of competent jurisdiction, these Terms’ remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.
23. Survival
The following provisions of these Terms shall survive termination of these Terms or your use or access to the Applications, Site, or the Services: Sections 11.2 (Effect of Termination), 12 (Intellectual Property Rights), 13 (Disclaimer of Warranties), 17 (Limitation of Liability), 18 (Indemnification), 19 (Dispute Resolution by Binding Arbitration), 20 (Governing Law), 22 (Severability), 24 (General), and any other provision that by its terms survives termination of your use or access to the Applications, Site, or the Services.
24. General
These Terms constitute the entire understanding and agreement between you and Reach related to the Site and Services. These Terms supersede any previous agreement related to the Site and Services to which you and Reach may have been bound. These Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms or any of our rights or obligations under these Terms at any time without notice. All rights not expressly granted herein are hereby reserved. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.
25. Contacting Us and Complaints
Please submit any questions you have about these Terms, or any complaint or concern in relation to any Service, by email to support@letsgetreach.com.