TERMS OF SERVICE
Last updated April 15, 2025
AGREEMENT TO OUR LEGAL
TERMS
We
are JVML Investments LLC
, doing business as Reach My Leads
(
"Company," "we," "us," "our"
)
, a company registered in
Florida, United States
at 14611 Southern Blvd. #122
, Loxahatchee
, FL
33470
.
We operate the
website https://reachmyleads.com/ (the "Site")
, as well as any other related products and services that
refer or link to these legal terms (the "Legal
Terms") (collectively, the "Services").
You can contact us by
phone at 877-400-1979, email at
support@reachmyleads.com
, or by mail to
14611 Southern Blvd. #122
, Loxahatchee
, FL
33470
,
United States
.
These Legal Terms constitute a legally binding
agreement made between you, whether personally or on behalf of an entity ("you"
), and JVML Investments LLC, concerning your access to and use
of the Services. You agree that by accessing the Services, you have read, understood, and agreed
to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN
YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled
changes to the Services you are using. The modified Legal Terms will become effective upon
posting or notifying you by service@reachmyleads.com, as stated in
the email message. By continuing to use the Services after the effective date of any changes,
you agree to be bound by the modified terms.
The
Services are intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Services.
We recommend that you
print a copy of these Legal Terms for your records.
TABLE OF
CONTENTS
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or country where such
distribution or use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Services from other locations do so on their own initiative and are solely
responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws,
you may not use the Services. You may not use the Services in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services (collectively,
the "Content"),
as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS"
for your internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED
ACTIVITIES
" section
below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your
internal business purpose.
Except as set out in this section or elsewhere in our
Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content,
or Marks other than as set out in this section or elsewhere in our Legal Terms, please address
your request to: support@reachmyleads.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you in
and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will
constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions
and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
" section
carefully prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any Submission that is publicly posted shall
also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license
(including use of your name, trademarks, and logos): By posting any Contributions,
you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution
may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED
ACTIVITIES
" and will
not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution
;
- warrant that any such Submission
and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us
the above-mentioned rights in relation to your Submissions
and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely
responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and
all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or
edit your Content: Although we have no obligation to monitor any Contributions, we
shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your account and report you to
the authorities.
Copyright
infringement
By using the Services, you represent and warrant
that:
(1) all registration information you
submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of
such information and promptly update such registration information as
necessary;
(3) you have the legal capacity and you agree to
comply with these Legal Terms;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not access the Services through
automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any
illegal or unauthorized purpose; and (7) your use of the Services will not violate
any applicable law or regulation.
If you provide
any information that is untrue, inaccurate, not current, or incomplete, we have the
right to suspend or terminate your account and refuse any and all current or future use
of the Services (or any portion thereof).
You may
be required to register to use the Services. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene,
or otherwise objectionable.
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
You agree to provide current, complete, and accurate
purchase and account information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address, payment method, and
payment card expiration date, so that we can complete your transactions and contact you as
needed. Sales tax will be added to the price of purchases as deemed required by us. We may
change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in
effect for your purchases and any applicable shipping fees, and you authorize us to
charge your chosen payment provider for any such amounts upon placing your order.
If your order is subject to recurring charges, then you consent to
our charging your payment method on a recurring basis without requiring your prior
approval for each recurring charge, until such time as you cancel the applicable
order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already requested or
received payment.
We reserve the right to refuse any order placed
through the Services. We may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders placed by or under
the same customer account, the same payment method, and/or orders that use the same billing or
shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers, or distributors.
6. CANCELLATION
All purchases are non-refundable.
You can cancel your subscription at any time by logging into
your account. Your cancellation will take effect at the end
of the current paid term.
If you are unsatisfied with our Services, please email us at support@reachmyleads.com
or call us at 877-400-1979
7. MESSAGING SERVICES (SMS, MMS, RCS, iMESSAGE)
By using our SMS, MMS, RCS or iMessage messaging features (collectively, “Messaging Services”), you agree to the following terms:
Consent and Compliance
- You represent and warrant that all recipients of your messages have provided valid and express consent to receive such communications, as required by applicable laws and carrier guidelines, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any local laws governing commercial electronic messaging.
Prohibited Content and Use
- You agree not to use our Messaging Services to send:
- Unsolicited promotions or spam
- Fraudulent, threatening, abusive, or unlawful content
- Messages in violation of carrier policies, including SHAFT (Sex, Hate, Alcohol, Firearms, Tobacco) restrictions
- Content that misrepresents your identity or affiliation (e.g., spoofing or phishing)
Mass Messaging and Fair Use
- If you use our platform to send mass messages or campaigns, you are solely responsible for ensuring your compliance with opt-in and opt-out rules. You must honor all unsubscribe requests immediately, including when recipients reply “STOP,” “UNSUBSCRIBE,” or similar keywords.
Message Delivery
- We do not guarantee the successful delivery or receipt of messages. Delivery may be impacted by carrier filters, network limitations, device compatibility, iMessage or RCS availability. We are not responsible for any lost, delayed, or undelivered messages.
Message Length & Credit Usage:
- Message “credits” are based on message segments. A single message may be split into multiple segments depending on its length, character encoding (e.g., GSM-7 vs. Unicode/UCS-2), and inclusion of media or special characters. Each segment deducts one credit. MMS and RCS messages are each counted as three (3) credits per message, regarless of content size. If your message usage exceeds the number of credits included in your plan, you will automatically be billed for additional SMS credit bundles at your plan’s current add-on package rate, typically sold in increments of 1,000 credits. Customers are responsible for monitoring their message content to manage credit usage. For a full breakdown of how credits are calculated, please refer to our Messaging Credit Policy.
RCS Specific Considerations
- Rich Communication Services (RCS) may transmit media-rich content, delivery/read receipts, and additional metadata. Use of RCS features may be subject to the privacy and data handling practices of the recipient's carrier, phone manufacturer, or messaging app.
Indemnification
- You agree to indemnify, defend, and hold harmless JVML Investments LLC, dba Reach My Leads, and its affiliates, officers, and agents from any claims, liabilities, penalties, or damages arising from your use of the Messaging Services, including any violations of legal or regulatory requirements.
You may not
access or use the Services for any purpose other than that for which we make the Services
available. The Services may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.
As a
user of the Services, you agree not to:
- Systematically
retrieve data or other content from the Services to create or compile,
directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
- Trick,
defraud, or mislead us and other users, especially in any
attempt to learn sensitive account information such as user
passwords.
- Circumvent,
disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the
use or copying of any Content or enforce limitations on the use
of the Services and/or the Content contained
therein.
- Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
- Use
any information obtained from the Services in order to harass,
abuse, or harm another
person.
- Make
improper use of our support services or submit false reports of
abuse or misconduct.
- Use
the Services in a manner inconsistent with any applicable laws
or regulations.
- Engage
in unauthorized framing of or
linking to the Services.
- Upload
or transmit (or attempt to upload or to transmit) viruses,
Trojan horses, or other material, including excessive use of
capital letters and spamming (continuous posting of repetitive
text), that interferes with any party’s uninterrupted use and
enjoyment of the Services or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the
Services.
- Engage
in any automated use of the system, such as using scripts to
send comments or messages, or using any data mining, robots, or
similar data gathering and extraction
tools.
- Delete
the copyright or other proprietary rights notice from any
Content.
- Attempt
to impersonate another user or person or use the username of
another user.
- Upload
or transmit (or attempt to upload or to transmit) any material
that acts as a passive or active information collection or
transmission mechanism, including without limitation, clear
graphics interchange formats (
"gifs"), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or
"passive collection mechanisms" or "pcms"
).
- Interfere
with, disrupt, or create an undue burden on the Services or the
networks or services connected to the
Services.
- Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to
you.
- Attempt
to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the
Services.
- Copy
or adapt the Services' software, including but not limited to
Flash, PHP, HTML, JavaScript, or other
code.
- Except
as permitted by applicable law, decipher, decompile,
disassemble, or reverse engineer any of the software comprising
or in any way making up a part of the
Services.
- Except
as may be the result of standard search engine or Internet
browser usage, use, launch, develop, or distribute any automated
system, including without limitation, any spider, robot, cheat
utility, scraper, or offline reader that accesses the Services,
or use or launch any
unauthorized
script or other software.
- Use
a buying agent or purchasing agent to make purchases on the
Services.
- Make
any unauthorized use of the
Services, including collecting usernames and/or email addresses
of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means
or under false pretenses
.
- Use
the Services as part of any effort to compete with us or
otherwise use the Services and/or the Content for any
revenue-generating endeavor
or commercial
enterprise.
-
Use the Services to advertise or offer to sell goods and
services.
-
Sell or otherwise transfer your profile.
9. USER
GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate
in blogs, message boards, online forums, and other functionality, and
may provide you with the opportunity to create, submit, post, display,
transmit, perform, publish, distribute, or broadcast content and
materials to us or on the Services, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, "Contributions"). Contributions may be
viewable by other users of the Services and through third-party
websites. As such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make available
any Contributions, you thereby represent and warrant that:
- The creation, distribution,
transmission, public display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade secret, or
moral rights of any third party.
- You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Services, and other users of
the Services to use your Contributions in any manner contemplated by the Services
and these Legal Terms.
- You have the written
consent, release, and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your Contributions in
any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or
otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
used to harass or threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of
people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise intended to
protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin, gender,
sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these Legal
Terms, or any applicable law or regulation.
Any use
of the Services in violation of the foregoing violates these Legal Terms and may
result in, among other things, termination or suspension of your rights to use
the Services.
By
posting your Contributions to any part of the Services
or making Contributions accessible to the
Services by linking your account from the Services to any of your
social networking accounts
, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce,
disclose, sell, resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit, excerpt (in
whole or in part), and distribute such Contributions (including, without
limitation, your image and voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize
sublicenses of the foregoing. The
use and distribution may occur in any media formats and through any media
channels.
This
license will apply to any form, media, or
technology now known or hereafter developed, and includes our use of your name,
company name, and franchise name, as applicable, and any of the trademarks,
service marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.
We do
not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for any
statements or representations in your Contributions provided by you in any area
on the Services. You are solely responsible for your Contributions to the
Services and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your
Contributions.
We have
the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise change any Contributions; (2) to
re-categorize any Contributions to
place them in more appropriate locations on the Services; and (3) to pre-screen
or delete any Contributions at any time and for any reason, without notice. We
have no obligation to monitor your Contributions.
11. SOCIAL
MEDIA
As part
of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account,
as is permitted under the applicable terms and conditions that govern your use
of each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if applicable)
any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the
Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Services. You can deactivate the connection between the Services and your
Third-Party Account by contacting us
using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
12. THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site) links to other websites (
"Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not imply
approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which you
navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
13. SERVICES
MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14.
PRIVACY POLICY
We care about data
privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted
on the Services, which is incorporated into these Legal Terms. Please be advised the Services
are hosted in
the United States
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
the United States
, then through your continued use of the Services, you are
transferring your data to
the United States
, and you expressly consent to have your data transferred to
and processed in
the United States
.
15.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the
intellectual property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately notify our
Designated Copyright Agent using the contact information provided below (a "Notification").
A copy of your Notification will be sent to the person who posted or stored the material
addressed in the Notification. Please be advised that pursuant to federal law you may be held
liable for damages if you make material misrepresentations in a Notification. Thus, if you are
not sure that material located on or linked to by the Services infringes your copyright, you
should consider first contacting an attorney.
All Notifications
should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following
information: (1) A physical or electronic signature of a person
authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed; (2) identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by
the Notification, a representative list of such works on the Services; (3) identification of the
material that is claimed to be infringing or to be the subject of infringing activity and that
is to be removed or access to which is to be disabled, and information reasonably sufficient to
permit us to locate the material; (4) information reasonably sufficient to permit us to contact
the complaining party, such as an address, telephone number, and, if available, an email address
at which the complaining party may be contacted; (5) a statement that the complaining party has
a good faith belief that use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and (6) a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining party is authorized to
act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter
Notification
If you believe your own
copyrighted material has been removed from the Services as a result of a mistake or
misidentification, you may submit a written counter notification to [us/our Designated Copyright
Agent] using the contact information provided below (a
"Counter Notification"). To be an effective
Counter Notification under the DMCA, your Counter Notification must include substantially the
following: (1) identification of the material that has been removed or disabled and the location
at which the material appeared before it was removed or disabled; (2) a statement that you
consent to the jurisdiction of the Federal District Court in which your address is located, or
if your address is outside the United States, for any judicial district in which we are located;
(3) a statement that you will accept service of process from the party that filed the
Notification or the party's agent; (4) your name, address, and telephone number; (5) a statement
under penalty of perjury that you have a good faith belief that the material in question was
removed or disabled as a result of a mistake or misidentification of the material to be removed
or disabled; and (6) your physical or electronic signature.
If you send us a valid,
written Counter Notification meeting the requirements described above, we will restore your
removed or disabled material, unless we first receive notice from the party filing the
Notification informing us that such party has filed a court action to restrain you from engaging
in infringing activity related to the material in question. Please note that if you materially
misrepresent that the disabled or removed content was removed by mistake or misidentification,
you may be liable for damages, including costs and attorney's fees. Filing a false Counter
Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright
Agent
dmca@reachmyleads.com
16. TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend
your account for any reason, you are prohibited from registering and creating a new account under
your name, a fake or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems or
need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the
Services at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be
construed to obligate us to maintain and support the Services or to supply any corrections, updates,
or releases in connection therewith.
18. GOVERNING
LAW
These Legal Terms and your
use of the Services are governed by and construed in accordance with the laws of
the State of Florida
applicable to agreements made and to be entirely performed within
the State of
Florida
, without regard to its conflict of law
principles.
19. DISPUTE
RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a "Dispute" and
collectively, the "Disputes") brought by either you or
us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any
Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal
negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and
exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and
conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where
appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"
), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA
Consumer Rules. The arbitration may be conducted in person,
through the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do
so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration
will take place in
Broward County,
Florida
. Except as otherwise provided herein, the Parties may
litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm,
modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the
Dispute shall be commenced or prosecuted in the
state and
federal courts
located in
Broward County,
Florida
,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non
conveniens with respect to venue and jurisdiction in such state
and federal courts. Application of the United Nations
Convention on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction Act (UCITA) are excluded from these Legal Terms.
In no event shall any Dispute brought by either Party related in
any way to the Services be commenced more than one (1) years after the
cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action
procedures; and (c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to the personal
jurisdiction of that court.
20. CORRECTIONS
There may
be information on the Services that contains typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other information. We reserve the right to correct any
errors, inaccuracies, or omissions and to change or update the information on the Services at any time,
without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES
AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS
ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE
APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR
ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED
WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE
WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY DAMAGES, LOSSES OR CLAIMS RESULTING FROM THE USE OR MISUSE OF OUR MESSAGING SERVICES, INCLUDING UNDELIVERED MESSAGES, REGULATORY VIOLATIONS, OR THIRD-PARTY CARRIER DISRUPTIONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,
WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE three (3) mONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set
forth in these Legal Terms; (5) your violation of the
rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the
Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense, with our
defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we
provide to you electronically, via email and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or retention of non-electronic records, or to
payments or the granting of credits by any means other than electronic means.
26. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27.MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these
Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to
the fullest extent permissible by law. We may assign any or all of our rights and obligations to
others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to
act caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect the validity and
enforceability of any remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Legal Terms or use of the
Services. You agree that these Legal Terms will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the electronic form of these
Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
28.CONTACT US
In order to resolve a complaint regarding the Services
or to receive further information regarding use of the Services, please contact us at:
Reach My Leads
14611 Southern Blvd. #122
Loxahatchee
, FL
33470
United States
Phone: 877-400-1979
support@reachmyleads.com