Reach Analytics’ Predictive Cloud Terms & Conditions

Please Read These Terms & Conditions Carefully.

These Terms & Conditions govern your use of Reach Analytics, LLC (“Reach Analytics” or “We” or “Us”) services in the cloud, including free trial usage, one-time purchases, and/or subscription purchases.

Acceptance of Terms

When you (“You”) use the Reach Analytics Predictive Cloud, the domain www.ReachAnalytics.com and its sub-domains (collectively, the “Predictive Cloud” or the “Site”), You agree to the following Terms & Conditions (the “Use Agreement”). In order to use our Predictive Cloud, You must be at least 18 years old and able to form legally binding contracts under applicable law. If You are entering into this Use Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Use Agreement. If You do not have such authority or are not able to form legally binding contracts, You must not accept this Use Agreement and may not use the Predictive Cloud.

We may revise this Use Agreement from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF. We take Your data privacy seriously. All personal information we collect from and about You on this Site is subject to our Privacy Policy, which is incorporated herein by reference. If You do not agree with the conditions of this Use Agreement or our Privacy Policy, You must not accept this Use Agreement and may not use the Predictive Cloud.

These Terms & Conditions were last updated: February, 2017.

Access to the Predictive Cloud

In order to use the Reach Analytics Predictive Cloud, You must register for an account by providing Us with Your email address, password, full name, and other information as may be required on the registration form from time to time. You must safeguard the password and email address that You use to access our Predictive Cloud. You acknowledge that Your account is personal to You or specific to Your company and You will not provide any other person with access to the Predictive Cloud unless they are authorized to act on Your behalf. You are responsible for all activities that occur under Your account, and You authorize Us to assume that any person using the Predictive Cloud with Your email address and password either is You or is authorized to act for You. You agree to immediately notify Us of any unauthorized use of Your account.

Predictive Cloud Services

“Services” means the products and services that are ordered by You under a free trial or an Order Form and made available online by Us, including but not limited to statistical modeling, customer and prospect profile reports, targeted prospect lists and associated demographic data, and offline or support components, as may be described on an Order Form. The Services offered may change or be enhanced over time and at any time at Reach Analytics’ sole discretion.

By using the Predictive Cloud and its Services, You authorize Reach Analytics to access and extract data from files that You upload to the Predictive Cloud, which contain only Your U.S. customer data (including name and postal address) (collectively, “Client Data”), to perform the Services. You understand and agree that We will perform the Services by inputting Client Data into our proprietary analytical software and appending data (“Reach Analytics’ Data”). We will not be responsible for retaining copies of Client Data or any reports created from Client Data except as provided for in an Order Form signed by Us.

Free Trial

If You register on www.ReachAnalytics.com for a free trial, We will make one or more Services available to You, at our discretion, on a trial basis free of charge until the earlier of 1) the end of the free trial period for which You registered to use the applicable services, or 2) the start date of any one-time or subscription purchases ordered by You for such services.

Notwithstanding the Warranties & Disclaimers section below, during the free trial, services are provided ‘as is’ without any warranty and Reach Analytics shall not indemnify You for Your use of the Predictive Cloud or its Services.

One-Time & Subscription Purchases

Purchases of our Predictive Cloud Services (the “Purchased Services”) are made either online or through our Account Executives via an Order Form, signed by us, on either a one-time or one-year subscription basis. Once payment is processed for a signed Order Form, “credits” will be added to Your Predictive Cloud account, which can be used to purchase targeted prospect lists, reports, and other Services.

Use of Services & Content

We expect that any person or company using the Services and/or the Predictive Cloud, and in particular but not limited to those purchasing/downloading targeted prospect lists will use the content, reports, and prospect data in a professional manner, consistent with all appropriate laws, regulations, and best practices related to individuals’ privacy, direct marketing, e-mail marketing, and telemarketing and in accordance with this Use Agreement. You should not agree to this Use Agreement if you are unfamiliar with, do not intend to comply, or unable to comply with this body of marketing guidance and regulation.

List Usage Permission – When You purchase and download targeted prospect lists (a “Reach Analytics List” or “List”), Reach Analytics grants You a non-exclusive, limited, non-transferable, non-sublicensable license to use the List(s) for marketing programs and analytics by Your company for a period of one-year (twelve months) from the execution date of the agreement, unless otherwise indicated on Your order form. Under this limited license, and subject to the terms of this List Usage Permission section, You may use the List for (a) the marketing purpose of direct mail solicitations, telephone solicitations, and online marketing applications; (b) customer data and market analysis; and (c) customer or prospect risk assessment or mitigation.

You understand and agree that the List(s) is(are) owned by Reach Analytics or are used under a third party license for the purposes allowed for in this Use Agreement. You agree to protect the confidentiality of the List within the context of all appropriate laws and regulations, and not share the List(s) with any person, employee, contractor, agent, officer, or other third party except for those persons or affiliates who are authorized or contractually engaged to perform services in connection with the permitted uses described herein and who are contractually liable to maintain the confidentiality of the List(s) at an equal or greater level than is required by this Use Agreement.

Under no circumstances will Your non-use of the List (once available to You) or the Services during the data license period, alter, revoke, or extend the term of this limited license. However, should this Use Agreement be terminated for any reason hereunder, Your limited license to the List will be effectively terminated simultaneously and you will delete all copies of the List You have made and discontinue any and all use of the List immediately.

List Usage Requirements & Restrictions – You agree to use the List(s) only for Your company’s marketing and internal analytic purposes and will not co-mingle the List data with any enterprise customer data or customer relationship management (CRM) system, except that permission is granted during the term of the data license term to assign ‘finder codes’ to individual records and pre-load this information with the List(s) into an order-entry system for the purposes of auto-identifying prospects replying to Your marketing campaign. You agree to permanently delete/purge the original and entire List(s) data from any such order-entry system at the end of each campaign or at the end of the one-year data license term, whichever occurs first. You agree to always and only use the List(s) in accordance and compliance with each of following (collectively, the “Regulations”):

  • The Direct Marketing Association’s (DMA) self-regulatory guidelines covering but not limited to privacy, ethical use, and Fair Information Practices.
  • The Federal Trade Commission’s (FTC) telemarketing rules and regulations, including but not limited to use of the National Do Not Call Registry; and all applicable state and local telemarketing laws and regulations.
  • The Federal Communications Commission’s (FCC) CAN-SPAM Act.
  • Any and all other laws, regulations, and guidelines related to individuals’ data privacy, child data protection, and direct marketing.

You agree that all marketing communications delivered to the List(s) or any portion thereof will be devoid of any reference to any targeting or selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address.

You understand that if You choose to download email address’ associated with your Rented targeted prospects that the emails are 3rd Party appended emails. It is suggested that You review usage and any special deployment handling with your email service provider to ensure Your compliance with the FCC’s CAN-SPAM Act (see https://www.fcc.gov/general/can-spam).

You may not use the List(s) or any portion thereof for: (1) Underwriting for credit or insurance; (2) Offering employment; (3) In connection with any individual reference service application; or (4) To advertise, sell, or exchange any products or services relating to illegal or illicit activities.

Prohibited Uses – You may not use the Predictive Cloud in any manner that could disrupt, damage, disable, overburden, or impair the Site, the Predictive Cloud or the Services. You agree that You are responsible for Your own conduct while using the Site and for any consequences thereof. By way of example, and not as a limitation, You agree that You will not:

  • Use federally protected credit data for purposes other than approved and federally permissible marketing services.
  • In any direct mail solicitation, telephone solicitation, or survey refer to any selection criteria or any presumed knowledge about the recipient.
  • Post or distribute any computer program or device that interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information
  • Access, tamper with or use non-public or non-authorized areas of this site
  • Use any device to attempt to decompile or reverse engineer any software contained in the Predictive Cloud
  • Remove any copyright, trademark, or other proprietary rights notices from the materials contained in or on the Site or in the materials or documentation received through the Services

You agree that Reach Analytics shall decide, in its sole discretion, if Your conduct violates any aspect of the Use Agreement and that Reach Analytics may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and removal of Your access to the Predictive Cloud and/or cancellation of any Purchased Services.

Your Responsibilities For Content & Conduct

You agree to provide accurate and current information when signing up for and using our Predictive Cloud and its Services. You will not impersonate any person or entity, misrepresent Your affiliation with a person or entity, or misrepresent the origin of any content distributed through our Predictive Cloud or the Purchased Services. You warrant and represent that You have the legal right to possess, use or view any and all electronic data You transmit utilizing Reach Analytics’ Predictive Cloud, and that such data does not infringe a third party’s intellectual property rights or rights of publicity or privacy.

Reach Analytics’ Predictive Cloud requires only You only upload the names and addresses of Your U.S.-based customers aged 18 or older and who reside in the United States, to provide the Services. For the purposes and protections of this Use Agreement, only Your U.S. customer names, addresses, telephone numbers, and email addresses that You upload to the Predictive Cloud are and will be considered Client Data. You may load other data elements about your U.S. customers, but do so at Your own risk.

You agree to not upload any information or data referencing individuals who are not Your customers. YOU AGREE TO NOT, UNDER ANY CIRCUMSTANCES, UPLOAD FINANCIAL OR HEALTH-RELATED DATA ELEMENTS ABOUT INDIVIDUALS TO THE PREDICTIVE CLOUD, INCLUDING BUT NOT LIMITED TO ANY SUCH DATA ELEMENTS PROTECTED BY THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA), THE FAIR CREDIT REPORTING ACT (FCRA), THE GRAMM-LEACH-BLILEY ACT (GLB), THE HIPAA PRIVACY RULE, AND ANY OTHER U.S. FEDERAL, STATE, OR INTERNATIONAL PRIVACY LAWS AND REGULATIONS, e.g., bank account numbers, social security numbers, credit card numbers (in whole or part), loan amounts, credit scores, medical insurance provider name, medical insurance policy number or premium, claims data, or medical services or billing history. Reach Analytics expressly denies any responsibility for providing adequate protection of or Cloud data security that meets these regulations’ requirements.

Provision of Purchased Services – We agree to 1) make the Services available to You pursuant to this Use Agreement and the applicable Order Form, 2) provide Our tiered support, as detailed in the applicable Order Forms, at no additional charge, and/or upgraded support if purchased, and 3) use commercially reasonable efforts to make the online Purchased Services available during U.S. business hours, except for: (i) planned downtime; or (ii) any unavailability caused by any force majeure event.

Ownership and Use of Data. In order to use the Predictive Cloud and the accompanying Services You will be required to upload Client Data through the Site. You are solely responsible for the accuracy, quality, integrity, legality, and use of the Client Data provided to Reach Analytics, including the means by which the Client Data was acquired from your customers. You acknowledge that You own or have a license for the use of the Client Data uploaded through the Site and in accordance with the terms of this Use Agreement and have the right to disclose the Client Data to Reach Analytics for the uses and purposes set forth herein. We acknowledge that You own all right, title and interest in and to the Client Data that you upload to the Predictive Cloud.

You hereby grant to Reach Analytics a nonexclusive, fully paid up, royalty free, perpetual, irrevocable, and worldwide license to copy, anonymize, aggregate, process, reproduce, display, distribute, and create derivative works using the Client Data in combination with or into other similar data and information available, derived or obtained from other data owned or licensed to Reach Analytics (when so combined, referred to as “Aggregate Data”). You represent and warrant to Us that You have the right, title and/or authority to grant such license of Client Data to Us. Reach Analytics may us the Aggregate Data to enhance its Services and the Reach Analytics’ Data and to provide services, including the copying, publication, distribution, display, licensing or sale of Aggregate Data in any form and related or similar other statistics or data to third parties, including preparing derivative works, or combining with other works.

Reach Analytics will be the owner of all right, title and interest in and to Aggregate Data. If Aggregate Data contains personally identifiable information then Reach Analytics will use such Aggregate Data in conformance with its Privacy Policy and, before disclosing such Aggregate Data, de-identify such Aggregate Data and dissociate such Aggregate Data from You. The license granted to Us is without restrictions of any kind except as expressly set forth above. We shall have the right, but not the obligation, to use the Client Data after any termination of your account with Us.

We agree to take commercially reasonable steps to safeguard all Client Data that you upload to the Predictive Cloud. We presently maintain, and will continue to maintain, industry standard administrative, technical, and physical safeguards to protect the security and confidentiality of Client Data obtained from You. It is important that You understand, however, that no website or Cloud service is completely secure or “hacker proof” and We cannot guarantee security of the information that You submit to Us. You are responsible for taking personal steps to protect your own personal information as well as Client Data against unauthorized disclosure or misuse.

Reach Analytics agrees to report to You in writing any unauthorized access to or disclosure of Your Client Data that requires notification under any applicable state statute (“Breach Incident”). We will make the report to You promptly upon discovery of any such Breach Incident.

YOU UNDERSTAND AND AGREE THAT IF YOU UPLOAD OR DOWNLOAD CLIENT DATA TO OR FROM OUR PREDICTIVE CLOUD, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Fees & Payment for Purchased Services

You agree to pay all fees specified on signed Order Forms. Except as otherwise specified herein or in an Order Form, 1) fees are based on Services purchased and not actual usage, 2) payment obligations are non-cancelable and fees paid are non-refundable, and 3) subscription levels or prospect quantities purchased cannot be reduced during the relevant order term.

You agree to provide Us with valid and updated credit card information, or with a valid purchase order or alternative document reasonably acceptable to Us for invoicing. If You provide Us with credit card information, You authorize Us to charge such credit card for all Purchased Services listed in the Order Form for the initial term and any related subscription renewal term(s) as set forth below in the Term & Termination section. Such charges shall be made in advance: In full for one-time purchases and quarterly for subscriptions or as specified in the applicable Order Form. If payment will be made by a method other than a credit card, We will invoice You in advance in accordance with the frequency specified in the applicable Order Form. Invoiced charges are due net thirty (30) days from the invoice date. You agree to provide Us with complete and accurate billing and contact information and notify Us of any changes to such information during any active order term.

Purchased Services, including targeted prospect lists, will commence or be made available once the initial payment has been fully processed.

If any amount owed by You under this Use Agreement, an Order Form, or any other agreement for Our services is thirty (30) or more days overdue or ten (10) or more days overdue in the case of amounts You have authorized Us to charge to Your credit card, We may, without limiting Our other rights and remedies, suspend Our services to You until such amounts are paid in full. We will give You at least ten (10) days’ prior notice that Your account is overdue before suspending Services to You.

You agree to pay all taxes associated with Your purchases hereunder including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever. We agree to be solely responsible for taxes assessable against Us based on Our income, property, and employees.

Discretion Over Content, Use, Storage, And Operation of Our Predictive Cloud

We may edit, move, or delete any content in our Predictive Cloud (including content or communications that You have provided) for any reason, and may preserve and disclose content, Client Data, or user information if required to do so by law or in the good faith belief that doing so is necessary to: (a) comply with a legal process; (b) enforce this Use Agreement; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of Reach Analytics, its users, or the public; or (e) administer our Predictive Cloud.

Term & Termination

This Use Agreement commences on the date You first accept it and continues until all signed Order Forms have expired or have been terminated.

The term of each one-time and subscription purchase will be specified in the applicable Order Form. Except as otherwise specified in an Order Form, subscriptions will automatically renew for additional periods equal to the expiring subscription or one (1) year (whichever is shorter), unless either party gives the other written notice of non-renewal at least thirty (30) days before the end of the relevant subscription term. Subscription pricing during any automatic renewal term will be the same as that during the immediately prior term unless We have given You written notice of a pricing increase at least sixty (60) days before the end of that prior term, in which case the pricing increase will be effective upon renewal and thereafter.

Either You or We may terminate this Use Agreement for cause 1) upon thirty (30) days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or 2) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. You should send all such notices to Reach Analytics LLC, at 2055 Woodside Road, Suite #270, Redwood City, CA 94061. Reach Analytics will send all such notices to You at the email or physical address provided when You created Your account for use of the Services.

We reserve the right to suspend or terminate Your account, in whole or in part, or prohibit Your further use of the Predictive Cloud at any time due to misuse or violation of this Use Agreement or evidence thereto. We may immediately, and in our sole discretion, terminate this Agreement and cancel any Purchased Services, without notice to You, if You misuse the Predictive Cloud or the Services in violation of the terms included in the “List Usage Requirements & Restrictions” section of this Agreement.

If this Use Agreement is terminated by You for cause in accordance with this section, We will refund to You any prepaid fees covering the remainder of all Order terms on your account following the effective date of termination. If this Use Agreement is terminated by Us for cause in accordance with this section, You agree to pay any unpaid fees covering the remainder of all Order terms on your account following the effective date of termination. In no event will termination relieve You of Your obligation to pay any fees payable to Us for the period prior to the effective date of termination.

Intellectual Property Rights

All materials on this Site and used in connection with the Predictive Cloud and the Services, including, but not limited to, data, content, trademarks, services marks, trade names, copyrights, software, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are owned by Reach Analytics or licensed from third parties and are protected by United States and international laws. This Use Agreement does not grant You any license or right to use any Intellectual Property outside of the Site or its intended purposes, without Our prior written permission. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use our Predictive Cloud or Intellectual Property in any way for any public or commercial purpose without prior written consent of Reach Analytics or the rights holder. Violation of these terms will terminate your right to use the Intellectual Property. You must immediately destroy any copies (electronic or physical) You have made of the Intellectual Property and We may revoke Your authorization to use our Predictive Cloud.

Links

As a convenience, this Site may contain links to other websites or resources provided by third parties and access is at your own risk. You acknowledge and agree that Reach Analytics is not responsible for the content available on these websites. We accept no responsibility for the content found on those websites or for any loss or damage that may arise from Your use of them. The inclusion of any link does not imply We recommend or endorse the linked website.

Indemnity

You agree to defend, indemnify, and hold harmless Reach Analytics, its officers, directors, employees, contractors, agents and partners, from and against any claims, actions, demands, liabilities, loss or damages, costs, expenses or fees including without limitation reasonable legal and accounting fees, made by any third party arising out of or relating to Your submission of any data to the Predictive Cloud, including Client Data; Your use of our Predictive Cloud or its Services, including without limitation claims against Reach Analytics for unsatisfactory performance of Services governed by this Use Agreement; or Your violation of this Use Agreement.

Limitation of Liability

IN NO EVENT WILL REACH ANALYTICS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING OUR PREDICTIVE CLOUD OR THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS, DATA LICENSORS, AND PREDICTIVE CLOUD CONTENT) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOSS OF REVENUES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF GOODWILL, USE OF OR LOSS OF DATA, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES (EVEN IF FORESEEABLE), RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OUR PREDICTIVE CLOUD, THE PREDICTIVE CLOUD CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL REACH ANALYTICS’ LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF ANY USE OF OUR PREDICTIVE CLOUD OR THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO REACH ANALYTICS FOR THE PREDICTIVE CLOUD SERVICES TO WHICH SUCH LIABILITY IS CLAIMED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Warranties & Disclaimers

You represent and warrant that Your use of the Services will not violate any U.S. law, statute, or other governmental regulation. You further represent and warrant to Reach Analytics that You own or have and will have the necessary rights in Client Data so that, as received by Us in the Predictive Cloud and processed in accordance with this Use Agreement, the Client Data does not and will not infringe, misappropriate or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable law.

Reach Analytics warrants that 1) We have full power and authority to enter into this Use Agreement, and 2) the Reach Analytics’ Data will be current, accurate, and complete as possible using the source data, compilation and data processing methods normally employed by Us in the ordinary course of our business; provided, however, there is no warranty that the Reach Analytics’ Data is error-free. THE FOREGOING WARRANTIES DO NOT APPLY, AND REACH ANALYTICS STRICTLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO ANY THIRD PARTY MATERIALS CONTAINED IN THE REACH ANALYTICS DATA.

Any material downloaded or otherwise obtained through our Predictive Cloud is done at Your own discretion and risk. You are solely responsible for any damage to Your computer system or loss of data that results from the use or download of any such material. No advice or information, whether oral or written, obtained by You from Reach Analytics or through or from our Predictive Cloud shall create any warranty not expressly stated in this Use Agreement.

REACH ANALYTICS PROVIDES THE SERVICES ‘AS IS’ AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REACH ANALYTICS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE RESULTS TO BE OBTAINED FROM THE USE THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, REACH ANALYTICS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

Notices

You authorize Us to send You notices pursuant to this Use Agreement or any Order Form on Your Account, at Our discretion, via electronic mail, postal mail, or by posting them on the Site. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically or by posting on the Site satisfy any legal requirement that such communications be in writing. It is Your responsibility to check for updates to this Use Agreement.

General Terms

This Use Agreement, including any documents referenced by and incorporated into this document, constitutes the entire agreement between You and Reach Analytics and governs Your use of our Predictive Cloud and our Services, and supersedes all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. If any part of this Use Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Use Agreement is personal to You and You may not transfer, assign or delegate it to anyone without the express written permission of Reach Analytics. Any attempt by You to assign, transfer or delegate this Use Agreement without the express written permission of Reach Analytics shall be null and void. This Use Agreement and any registration for or subsequent use of our Predictive Cloud will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and Reach Analytics.

This Use Agreement will be governed by the laws of the state of California, U.S.A., without regard to its conflicts of law provisions.

The provisions set forth in the following sections, and any other right, obligation, or provision under this Use Agreement that, by its nature, should survive termination or expiration of this Use Agreement, will survive any expiration or termination of this Use Agreement, including Fees & Payment for Purchased Services, Intellectual Property, Indemnity, Limitation of Liability, Warranties & Disclosures, and these General Terms.