Privacy Policy

Terms of Use

 

REACHNOW TECHNOLOGY PLATFORM PRIVACY POLICY 

PLEASE READ THIS PRIVACY POLICY CAREFULLY.  IF YOU DO NOT CONSENT TO THE USE OF PERSONAL INFORMATION about you IN ACCORDANCE WITH THIS PRIVACY POLICY PLEASE IMMEDIATELY STOP ACCESSING OUR TECHNOLOGY PLATFORM AND SERVICES.

1.  Introduction
2.  What Information Does ReachNow Collect?
3.  How Does ReachNow Use My Information?
4.  What Information Does ReachNow Share?
5.  Confidentiality.
6.  Registration and Personal Settings.
7.  How We Collect Information.
8.  Subscriptions/Newsletters.
9.  Links.
10.  Email Links.
11.  California Residents.
12.  How We Respond to Do Not Track Signals.
13.  Questions.
14.  Revisions.

 

1.   INTRODUCTION. REACHNOW APPRECIATES THE TRUST YOU PLACE IN US AND DOES NOT WANT TO JEOPARDIZE THAT TRUST. WE RESPECT YOUR PRIVACY AND ARE COMMITTED TO PROTECTING THE SECURITY OF YOUR PERSONAL INFORMATION. THIS TECHNOLOGY PLATFORM PRIVACY POLICY (“PRIVACY POLICY”) DESCRIBES HOW REACHNOW, LLC, (“REACHNOW”), AND ITS SUBSIDIARY AND AFFILIATED ENTITIES (COLLECTIVELY “REACHNOW”, “WE”, “US”, AND “OUR”) COLLECTS, USES, TRANSFERS, AND DISCLOSES INFORMATION ABOUT YOU (“YOU” OR “YOUR”) WHILE USING OR ACCESSING THE REACHNOW WEBSITE, LOCATED AT WWW.REACHNOW.COM (THE “WEBSITE”), THE REACHNOW MOBILE APPLICATION(S) (THE “APP”), THE REACHNOW MOBILITY SERVICES (COLLECTIVELY, THE “SERVICES”), INCLUDING, BUT NOT LIMITED TO, FREE-FLOATING CAR SHARING (THE “CARSHARING SERVICES”), RIDE HAILING (THE “RIDESHARING SERVICES”), AND VEHICLE RESERVATIONS FOR LONGER TRIPS (“RESERVE”) IN CERTAIN CITIES IN THE UNITED STATES, AND OTHER WEBSITES OR APPLICATIONS THAT LINK TO OR DISPLAY THIS PRIVACY POLICY (COLLECTIVELY, THE “TECHNOLOGY PLATFORM”). BY ACCESSING OR USING THE TECHNOLOGY PLATFORM, YOU HEREBY CONSENT TO THE TERMS OF THIS PRIVACY POLICY UNDER THE “ABOUT” TAB OF THE APPLICABLE APP. IF YOU DO NOT CONSENT TO THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE OUR TECHNOLOGY PLATFORM, PRODUCTS OR SERVICES.

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2.    What Information Does ReachNow Collect?  As part of evaluating your membership application to join ReachNow and providing you with our Services, we, and third parties engaged by us, obtain personally identifiable information about you including, but not limited to, your first and last name, home or other physical address, email address, phone number, date of birth, drivers’ license information, personal photo, and credit card information (collectively, “Personal Information”). As part of the application process for joining ReachNow Carsharing or at any time during your use of the Services, we, or a third party engaged by us, will order consumer reports, which may include, but may not be limited to, reports containing driver license validity information and driving and or motor vehicle record information on you from any state in which you have been licensed to drive, as gathered and communicated by a consumer reporting agency. We may also collect information from you as described in Section 6 below.

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3.    How Does ReachNow Use My Information?  Our primary goals in collecting Personal Information from you are to: (a) enable us to approve or disapprove your membership status (on an ongoing basis) in accordance with our Ridesharing Eligibility Criteria and Carsharing Eligibility Criteria (each as defined in the ReachNow Mobility Services Membership Agreement); (b) facilitate efficient transactions; and (c) provide you with information regarding relevant products and services. We may also use information we collect from you to improve or develop new products, services or websites; conduct research or analysis; comply with legal requirements; or other purposes. We, or third parties engaged by us, may store any information we collect from you.

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4.    What Information Does ReachNow Share?  We will share Personal Information with certain related and third parties in order to process your membership application to join ReachNow and as part of providing you with our Services. For example, we may share Personal Information with our parent company and affiliates. If you use our Ridesharing Services, we may share your Personal Information with third party drivers employed by third party entities or transportation companies (each a “Driver”) who use ReachNow to provide you with our Ridesharing Services.  We may also share Personal Information with non-affiliated companies that market our Services who are distinct entities and have their own privacy policies.  We may also share information about you and your interactions or use of ReachNow vehicles with law enforcement officials or other third parties in connection with traffic and parking violation citations; accident reports; tolls; and other citations, violations, fines, or similar items and/or to comply with law or requests by law enforcement or governmental agencies. We may also share Personal Information with non-affiliated companies that provide services on our behalf (including, but not limited to, insurance companies, customer support companies, mail fulfillment companies, or identification verification companies). For example, we have engaged a third-party identification credentials authentication company to verify the identification you submit to us and so we will share information submitted by you including, but not limited to, the information contained on, and an image of, your driver’s license and a comparison photo. Such third-party identification credentials authorization company may store these images and information. The comparison between your driver’s license and the comparison photo may be done utilizing biometric technology that analyzes certain data generated by automatic measurements of certain of your facial characteristics. The third parties listed in this Section 4 are not exclusive. We may engage other third parties to assist us with providing you access to our Services from time to time, without notice to you, and we may share any and all information we collect from you with such third parties subject to applicable law.

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5.    Confidentiality.  In certain areas of the Technology Platform you may choose to share Personal Information with us.  We may use this information for marketing research and other marketing and service related purposes like sending brochures you request and keeping in touch by email.  Where required or permitted by law, we may share your Personal Information with the BMW Group, our related companies, our business partners or others.  We may transfer information about you to a company that acquires the assets of ReachNow or one of our business units, for example, as a result of a sale, merger, reorganization or liquidation.  Customer telephone calls may be recorded to protect you and our staff.

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6.    Registration and Personal Settings.  ReachNow provides the Services in certain cities in the United States to people who meet Ridesharing Eligibility Criteria and Carsharing Eligibility Criteria (as defined in the ReachNow Mobility Services Membership Agreement) and are approved as members. You must apply for membership, be authorized by ReachNow and enter into a Membership Agreement with ReachNow before holding, reserving, operating, and riding in any ReachNow vehicle. Registered members of ReachNow Services may access and correct or update their Personal Information by entering their login ID and password on the website or in our app.  To edit, delete or add to information you have shared while visiting our Technology Platform, log in and go to the Profile section.  If you notify us (using the contact information provided, below) that any Personal Information you provided us (such as ZIP code or email address) has changed, we will endeavor to correct or update your personal data. If your membership in ReachNow is terminated for any reason, we may keep the information we have collected from you for a period of time to be determined in our sole discretion subject to applicable law. Additionally, the information you share when joining or using ReachNow Services is secure while in transit to us.

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7.    How We Collect Information.  We use browser cookies, web beacons, logs and other technologies for analytics, functionality, convenience, marketing, security or other purposes relating to your use of our Technology Platform or Services.

7.1    Cookies:  Cookies produce a luxury and convenience similar to that of memory seats.  They save you the trouble of reentering certain information in some registration areas, help to deliver content specific information to you and track which sections of the site are most popular.  The cookies we use are elements of data stored by your browser on your device.  We use browser cookies to authenticate you; track your session; remember settings, location or preferences; for advertising and conversion tracking; or provide other functions.  You may set your browser settings to reject cookies or to alert you when a cookie is placed on your device.  The Help portion of your browser should explain how to configure your browser’s cookie handling.  You may have limited functionality if you block browser cookies set by our websites.

7.2    Web Beacons:  Web beacons are objects placed on web pages that allow us to determine whether and for how long you view web pages.  We use web beacons for site traffic reporting, auditing and reporting, personalization, unique visitor counts, advertising, conversion tracking or other functions.  Your web browser may have add-ons that may help you to manage web beacons.  You may have limited functionality if you block web beacons set by our websites.

7.3    Third Party Service Providers: We may use third-party service providers to provide us information, analysis and reports about the use of our websites and to enable you to interact with us or other users of our products, services or websites.  We may use various web technologies from Google, Facebook, Twitter, Optimizely or others.

7.4    Advertisements:  We may use third-party service providers to provide us with advertising, marketing, conversion tracking or other information and services.  We may use various web technologies from Microsoft Atlas, Rocket Fuel or others.  You may find out more information about these technologies and your choices by using the Digital Advertising Alliance opt-out page located at www.aboutads.info/choices, the Network Advertising Initiative opt-out page located at www.networkadvertising.org/choices, or the Interactive Advertising Bureau EU page located at www.iab.net.

7.5    Logs:  We use log information relating to Internet Protocol addresses, web requests, date and time of your request, operating systems, browser types, browser languages and cookies that may uniquely identify your browser or your device.  We use this information to administer our systems; diagnose problems; provide analytics; enhance the functionality of our products, services or websites; or to make our products, services or websites more convenient, secure or efficient.

7.6    Other Automated Collection: We may also collect automated information through technologies built into our mobile application software.  These technologies may gather information on how you interact with and use our products or services. ReachNow collects information that does not personally identify you such as device-specific information, including your IP address, web browser type, device type, operating system version, mobile device carrier, and unique device identifiers.  We also may collect information about your usage of our Services, preferences, and interaction with certain features.

7.7    Location Information. While using ReachNow’s Services, we collect information about your location that may be precise or imprecise, such as the start and end locations of your trip and where you park. The precise location information that we collect may be Global Position System (GPS) data or geolocation data identified from nearby cell towers and Wi-Fi hotspots when you enable location-based features. We also collect location information that you manually enter (such as your, ZIP Code, city, state or latitude/longitude), or that is provided by your IP address. If you disable your location features, the accuracy of your location may be impacted, and we may not be able to provide you with our Services.  When using Ridesharing and/or Reserve, we also collect information about your location through our drivers that includes the location of your pick up and drop off point as well as the length of your trip.

7.8    Employer/Residential Information. Through your use of the Services, we may receive Personal Information or information about you from your school, your employer, or the management of the residential building in which you live.

7.9    Call, Text and Address Book Information. We collect information about your communications via phone call and text messages with our Ridesharing Drivers that you connect with using Ridesharing and valet agents you connect with using our Reserve service (as defined in the ReachNow Mobility Services Membership Agreement).  Such information may include the date and time of the communication, phone numbers, and/or content of messages.  If you permit us to access your address book on your device, we may access, use and store this information to enable interactions that you initiate while using Ridesharing or for purposes stated at the time you provide consent.

7.10    Surveys and Feedback. From time to time, we may request information including Personal Information and/or feedback from you through a survey on our Technology Platform.  Your participation in any survey is completely voluntary and you have a choice to provide us the requested information.  We use the information collected by surveys and feedback to improve the functionality of our Technology Platform, enhance your experience with our Technology Platform, and optimize the Services we provide to you.

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8.    Subscriptions/Newsletters.  Except for communications related to membership, trips (including Drives and Rides, as defined in the ReachNow Mobility Services Membership Agreement), or in response to a specific request from you, you will only receive emails or mailings from ReachNow if you have requested to be on our correspondence list.  If you are currently on our list and do not wish to receive further information from us, simply click on the unsubscribe link at the bottom of the correspondence.

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9.    Links.  Though our Technology Platform may contain links to other sites or third party content, we are not responsible for the content, links or privacy on any of those sites. We encourage you to read the privacy policies of those third parties. ReachNow is not responsible or liable for any information that you provide to or may be collected by such third parties.

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10.   Email Links.  We may use email links throughout the Technology Platform to allow you to contact us directly with any questions or comments you may have.  We try to reply promptly to everyone.  Information in the message may be used to respond directly to your comments or questions.  We may also file your comments to improve the Technology Platform and programs, or review and discard the information.

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11.    California Residents.  If you are a California resident, California Civil Code Section 1798.83 permits you to request from us once a year, free of charge, a list of all third parties to which we have disclosed certain personally identifiable information as defined under California law for such third parties’ direct marketing purposes in the preceding calendar year. If you are a California resident and would like to make such a request, please email us at info@reachnow.com or write us at the address noted below.

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12.    How We Respond to Do Not Track Signals.  We do not track users over time and across third party websites to provide targeted advertising. Accordingly, we do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of Personal Information about an individual consumer's online activities over time and across third-party web sites or online services.  As noted above, you may set your browser settings to reject cookies or web beacons but doing so may hinder your experience on the Technology Platform. Please see the Help portion of your browser for instructions on managing your security preferences.

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13.    Questions.  ReachNow, located at 2118 3rd Avenue, Seattle, WA 98121 is the data controller responsible for the processing of your information. If you have further questions about our Privacy Policy, the practices of our Technology Platform or your experience with our Technology Platform, contact us at info@reachnow.com, 2118 3rd Avenue, Seattle, WA 98121, or (844) 732-2466.

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14.    Revisions.  We may change our Privacy Policy on one or more occasions by posting a revised policy on the Technology Platform.  When we post changes, we will revise the Last Updated date above.  The revised version will be effective on the Effective Date above.  If the revised version includes substantial changes, we will attempt to provide you with 30 days’ prior notice by posting the revised version at least 30 days before the Effective Date.  We encourage you to frequently review this Privacy Policy for changes. Your continued use of the Technology Platform after we make changes is deemed to be an acceptance of those changes to the Privacy Policy.

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REACHNOW TECHNOLOGY PLATFORM TERMS OF USE

***THIS CONTRACT CONTAINS A BINDING MUTUAL ARBITRATION PROVISION (INCLUDING A CLASS ACTION WAIVER). BY ACCEPTING THIS AGREEMENT, YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND AGREE TO BINDING ARBITRATION.***

Please read the following terms and conditions of use (“Terms of Use” or “Agreement”) very carefully. If you do not agree with the following Terms of Use, do not download or install this software or access this website, as applicable. By downloading, installing or using this software, or accessing this website, or any portion thereof, as applicable, you agree to the following Terms of Use:

1.  Scope of these Terms of Use
2.  Acceptance of Terms of Use
3.  General Terms of Use and Restrictions on Use
4.  Account
5.  Conflict with Other Agreements
6.  Proprietary Rights
7.  Content
8.  ReachNow Privacy Policy
9.  Links
10.  User Representations
11.  Prohibited Uses
12.  Disclaimer of Defects
13.  Disclaimer of Warranties
14.  Limitation of Liability
15.  Exclusions and Limitations
16.  Release and Indemnification
17.  Term and Termination
18.  Text Messaging; E-Mails
19.  Dispute Resolution
20.  Miscellaneous Terms
21.  Use of the App
22.  Additional Terms Applicable to iOS Devices
23.  Contact Information

1.    Scope of these Terms of Use.

These Terms of Use apply to (i) the ReachNow, LLC, a Delaware limited liability company (“ReachNow”, “we”, “us”, and “our”) website, located at www.reachnow.com and any derivative websites on which these Terms of Use are posted (collectively, the “Websites”), (ii) any Content (defined below) or other products or services, including the ReachNow mobility services (collectively, the “Services”), which includes, but is not limited to, free-floating car sharing (the “Carsharing Services”), ride hailing (the “Ridesharing Services”), and vehicle reservations for longer trips (“Reserve”) in certain cities in the United States, that are offered or provided via the aforementioned Websites, (iii) the ReachNow mobile application(s) (collectively, the “App”), and (iv) other websites or applications that link to or display these Terms of Use ((i) through (iv) above, collectively, the “Technology Platform”). Additional or separate terms may apply to your use of other ReachNow websites, services, apps, or participation in any promotion. To the extent that the provisions of any additional terms conflict with these Terms of Use, the provisions of the additional terms will govern. The Technology Platform is owned by ReachNow. This Agreement is entered into between you (“you”) and ReachNow. In this Agreement, you and ReachNow may be referred to together as the “Parties” and each a “Party.

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2.    Acceptance of Terms of Use.

ReachNow reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting such changes to this page. You understand that you have the affirmative obligation to check these Terms of Use periodically for changes, and you hereby agree to periodically review these Terms of Use for such changes. The continued use of the Technology Platform following the posting of changes to these Terms of Use will constitute your acceptance of those changes. The most current version of these Terms of Use can be reviewed at www.reachnow.com. By using or otherwise accessing the Technology Platform, posting or downloading Content, or any other information to or from the Technology Platform, or manifesting your assent to these Terms of Use in any other manner, you hereby unequivocally expressly agree to, and shall be subject to, these Terms of Use. If you do not unequivocally agree to these Terms of Use, you may not use or otherwise access the Technology Platform or post or download Content or any other information to or from the Technology Platform.

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3.    General Terms of Use and Restrictions on Use.

3.1     General Terms of Use. In connection with the foregoing, ReachNow hereby grants you a limited, nonexclusive, nonassignable, nontransferable license to access and use the Technology Platform solely for your own personal, non-commercial purposes, conditioned on your agreement to, compliance with and satisfaction of these Terms of Use. All rights not otherwise expressly granted by these Terms of Use are reserved by ReachNow. If you do not comply with the Terms of Use at any time, ReachNow reserves the right to revoke the aforementioned license(s), limit your access to the Technology Platform or restrict your ability to post or download Content. You agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Technology Platform. You may not obscure or remove any proprietary rights notices contained in or on the Content. You are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Technology Platform or any part thereof.

3.2     Restrictions on Use. ReachNow may discontinue or alter any aspect of the Technology Platform, remove Content from the Technology Platform, restrict the time the Technology Platform is available or restrict the amount of use permitted at ReachNow’s sole discretion and without prior notice or liability. You agree that ReachNow may, under certain circumstances, immediately suspend and/or terminate your access to the Technology Platform or any part thereof. Cause for such measures shall include, without limitation: (a) breaches or violations of these Terms of Use or other incorporated agreements or guidelines; (b) discontinuance or material modification to the Technology Platform; (c) unexpected technical or security issues or problems; (d) extended periods of inactivity; and/or (e) engagement by you in fraudulent or illegal activities. You further agree that such measures shall be taken in ReachNow’s sole discretion and without liability to you or any third party. For purposes of these Terms of Use, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.

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4.    Account.

While you may browse the Technology Platform without creating an account on the Technology Platform (an “Account”), you will be required to have an Account in order to use certain features of the Technology Platform. You will be required to be an approved member of ReachNow’s Services and enter into a Membership Agreement (as defined below) in order to access or participate in the ReachNow Services, such as the Carsharing Services, the Ridesharing Services, and Reserve. Your Account username and password are personal to you and you are responsible for keeping your username and password confidential. You may not allow anyone else to access your Account and you may not sell or transfer your Account. You may not use anyone else’s Account. You will immediately notify ReachNow in writing if you discover any unauthorized use of your Account. ReachNow may require you to change your username or password if ReachNow determines, in its sole discretion, that your username and password are no longer confidential. ReachNow may immediately deny access to, and delete, your Account if the Membership Agreement is terminated.

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5.    Conflict with Other Agreements.

These Terms of Use govern only your use of the Technology Platform. Any terms and conditions related to the ReachNow Services shall be governed exclusively by the ReachNow Mobility Services Membership Agreement (the “Membership Agreement”) or other definitive agreement between ReachNow and you. To the extent that any of these terms conflict with or otherwise could be read inconsistently with the terms of the Membership Agreement, the Membership Agreement shall supersede and control your use of the ReachNow Services.

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6.    Proprietary Rights.

You hereby acknowledge that ReachNow owns all rights, titles and interest in and to the Technology Platform and to any and all proprietary and confidential information contained therein (the “ReachNow Information”). The Technology Platform and ReachNow Information are protected by applicable intellectual property and other laws, including patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not (and will not allow any third party to) (a) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer or disassemble the Technology Platform or otherwise attempt to derive source code from the Technology Platform; (b) copy, distribute, transfer, sell or license the Technology Platform; (c) transfer the Technology Platform to, or use the Technology Platform on, a device other than an mobile or other computing device that is: (i) compliant with the applicable terms and conditions of the online application store you may use to download, install, and run the App or access the Website and (ii) owned by you or owned by someone who has authorized you to use such device for accessing the Technology Platform (each an “Authorized Device”); (d) take any action to circumvent, compromise or defeat any security measures implemented in the Technology Platform; (e) use the Technology Platform to access, copy, transfer, retransmit or transcode Content (as defined below) or any other content in violation of any law or third party rights; (f) remove, obscure, or alter ReachNow’s (or any third party’s) copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed through the Technology Platform.

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7.    Content.

You acknowledge that the Technology Platform may contain or provide access to information, software, photos, video, text, graphics, music, sounds or other material provided by ReachNow or third parties (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets or other intellectual property laws, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content shall include User Content. The Content posted by you via the Website and/or the App (“User Content”) is your intellectual property and or that of your licensors, if any. ReachNow does not claim any ownership rights in such User Content. By posting User Content via the Technology Platform, however, you hereby grant to ReachNow a limited, transferable, nonexclusive, worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, edit, adapt, publish, translate, display, distribute, sell, sublicense and create derivative works and compilations incorporating such User Content for purposes of providing the Technology Platform. You may not (or enable others to) copy, distribute, display, modify, or otherwise use the Content except as it is provided to you through the Technology Platform. ReachNow and its licensors make no representations or warranties regarding the accuracy or completeness of the Content.

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8.    ReachNow Privacy Policy.

ReachNow collects, stores and uses data collected from you in accordance with ReachNow’s Privacy Policy, located at www.reachnow.com. By using the Technology Platform, you consent to the collecting, use, disclosure, and other processing of personal information about you in accordance with the provisions of ReachNow’s Privacy Policy.

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9.    Links.

The Technology Platform may provide, or third parties may provide, links to other websites or resources on the internet. Because ReachNow has no control over such websites or resources, you acknowledge and agree that ReachNow is not responsible for the availability of such external websites or resources, and ReachNow does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources. You further acknowledge and agree that ReachNow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such Content, goods or services available on or through any such website or resource. ReachNow strongly encourages you to review any separate terms of use and privacy policies governing use of these third party websites and resources.

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10.    User Representations.

10.1     General Representations. You hereby represent and warrant to ReachNow that: (a) you are eighteen (18) years of age or older; (b) all information provided by you to ReachNow is truthful, accurate and complete; (c) you will comply with these Terms of Use and any other agreement to which you are subject that is related to your use of the Technology Platform, Content or any part thereof; (d) your access to and use of the Technology Platform or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; and (e) you will not use the Technology Platform in order to gain competitive intelligence about ReachNow, the Technology Platform or any product or service offered via the Technology Platform or to otherwise compete with ReachNow or its affiliates.

10.2     Representations Related to Posting. In the event that you post any User Content via the Technology Platform, you hereby make the following additional representations and warranties to ReachNow: (a) you are owner of such User Content or otherwise have the right to grant ReachNow the licenses granted pursuant to this Agreement; (b) you have secured any and all consents necessary to post the User Content and to grant the foregoing licenses; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party; and (d) all factual information contained in the User Content is true and accurate.

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11.    Prohibited Uses.

You agree not to engage in unacceptable use of the Technology Platform or any part thereof, which includes, without limitation: (a) use of the Technology Platform to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, tortious, abusive, defamatory, libelous, harassing, threatening, or malicious; (b) use of the Technology Platform to post, store or disseminate Content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person; (c) use of the Technology Platform to interfere, disrupt or attempt to gain unauthorized access to other accounts on the Technology Platform, to restricted portion of the Technology Platform, to Content, or any other computer network or equipment; (d) use of the Technology Platform to post, store or disseminate viruses, Trojan horses or any other malicious code or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment; (e) use of the Technology Platform to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation; (f) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service or other data from the Technology Platform); (g) use of the Technology Platform to gain competitive intelligence about ReachNow or its affiliates, the Technology Platform or any product or service offered via the Technology Platform or to otherwise compete with ReachNow or its affiliates; (h) framing or otherwise simulating the appearance or functions of the Technology Platform or any portion thereof; (i) harvesting or otherwise collecting any information about other users; or (j) use of the Technology Platform to engage in any activity that, as determined by ReachNow, may intentionally or unintentionally violate these Terms of Use or any applicable laws or regulations.

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS AND LIMITATIONS:

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12.    Disclaimer of Defects.

REACHNOW USES REASONABLE EFFORTS TO MAINTAIN THE TECHNOLOGY PLATFORM, BUT REACHNOW IS NOT RESPONSIBLE FOR ANY DEFECTS OR FAILURES ASSOCIATED WITH THE TECHNOLOGY PLATFORM, ANY PART THEREOF, ANY CONTENT POSTED USING THE TECHNOLOGY PLATFORM, OR ANY DAMAGES (SUCH AS LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES) THAT MAY RESULT FROM ANY SUCH DEFECTS OR FAILURES. THE TECHNOLOGY PLATFORM MAY BE INACCESSIBLE OR INOPERABLE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION: (A) EQUIPMENT MALFUNCTIONS; (B) PERIODIC MAINTENANCE PROCEDURES OR REPAIRS WHICH REACHNOW MAY UNDERTAKE FROM TIME TO TIME; OR (C) CAUSES BEYOND THE CONTROL OF REACHNOW OR WHICH ARE NOT FORESEEABLE BY REACHNOW.

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13.    Disclaimer of Warranties.

THE TECHNOLOGY PLATFORM IS PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, REACHNOW EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE TECHNOLOGY PLATFORM IS AT YOUR SOLE RISK. REACHNOW SHALL NOT BE OBLIGATED TO PROVIDE YOU WITH ANY MAINTENANCE OR SUPPORT SERVICES IN CONNECTION WITH THE TECHNOLOGY PLATFORM. REACHNOW MAKES NO WARRANTY: (A) THAT THE TECHNOLOGY PLATFORM WILL MEET YOUR REQUIREMENTS; (B) THAT THE TECHNOLOGY PLATFORM WILL BE ERROR-FREE; (C) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE TECHNOLOGY PLATFORM; AND (D) THAT ANY ERRORS IN THE TECHNOLOGY PLATFORM WILL BE CORRECTED. ANY CONTENT OR MATERIAL YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE TECHNOLOGY PLATFORM IS OBTAINED AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR AUTHORIZED DEVICE (AS DEFINED BELOW) (OR ANY OTHER DEVICE) OR ANY LOSS OF DATA THAT MAY RESULT FROM DOWNLOADING ANY SUCH CONTENT OR MATERIAL. THE TECHNOLOGY PLATFORM IS NOT INTENDED FOR USE IN ANY ACTIVITIES DURING WHICH THE FAILURE OF THE TECHNOLOGY PLATFORM COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACHNOW OR THROUGH THE TECHNOLOGY PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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14.    Limitation of Liability.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT REACHNOW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REACHNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE TECHNOLOGY PLATFORM OR ANY CONTENT; (B) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE TECHNOLOGY PLATFORM OR OTHERWISE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE TECHNOLOGY PLATFORM OR ANY CONTENT. IF YOU ARE DISSATISFIED WITH THE TECHNOLOGY PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE TECHNOLOGY PLATFORM AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH ITS TERMS. TO THE MAXIMUM EXTENT ALLOWED BY LAW, IN NO EVENT SHALL REACHNOW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE TECHNOLOGY PLATFORM OR ANY AMOUNT RETAINED BY REACHNOW FOR PROVIDING YOU WITH ACCESS TO THE TECHNOLOGY PLATFORM.

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15.    Exclusions And Limitations.

NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 12, 13 AND 14 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND REACHNOW’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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16.    Release and Indemnification.

16.1.    Release. You agree to release ReachNow, its members, managers, officers, employees and agents, from any and all liability and obligations whatsoever in connection with or arising from your use of the Technology Platform. If at any time you are not satisfied with the Technology Platform or object to any material within the Technology Platform, your sole remedy is cessation of use thereof.  IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."  YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST REACHNOW.

16.2.    Indemnification. You agree to defend, indemnify and hold harmless ReachNow, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) your access to or use of the Technology Platform or any part thereof; (b) any User Content you post via the Technology Platform; (c) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under this Agreement; (d) infringement or misappropriation of any intellectual property or other rights of ReachNow or third parties by you; (e) any negligence or willful misconduct by you; or (f) any other claim related to your performance under this Agreement.

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17.    Term and Termination.

This Agreement is effective upon your unequivocal acceptance as set forth herein and shall continue in full force until terminated. You agree that ReachNow, in its sole discretion, may terminate your use of the Technology Platform or any part thereof upon prior notice, and remove and discard any Content, in the event you violate these Terms of Use. You agree that ReachNow may immediately suspend your access to the Technology Platform or any part thereof in order to conduct an investigation in the event it believes you have violated these Terms of Use or if it determines that you are a repeat infringer of another’s intellectual property or other rights. ReachNow may also, in its sole discretion and at any time, discontinue providing the Terms of Use, any part thereof, or any Content with or without notice. In addition to any other method of termination or suspension provided for in this Agreement, ReachNow reserves the right to terminate this Agreement at any time and for any reason upon 10 days’ notice to you. Further, you agree that ReachNow shall not be liable to you or any third party for any termination or suspension of your access to the Technology Platform, any part thereof or removal of Content. You may terminate this Agreement at any time by immediately discontinuing all access to the Technology Platform, permanently deleting the App in its entirety (if you had downloaded, installed, or in any way used the App), and by providing notice to ReachNow of such discontinuance. Termination or cancellation of this Agreement shall not affect any right or relief to which ReachNow may be entitled at law or in equity. Upon termination of this Agreement, you shall terminate all use of the Technology Platform and any Content provided thereby and permanently delete the App (if you had downloaded, installed, or in any way used the App). In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with this Agreement.

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18.    Text Messaging; E-Mails.

By creating an Account, you agree that ReachNow may send you informational text (SMS) messages and e-mails as part of the normal business operation of your use of the ReachNow Technology Platform and related Services. You may not opt out of receiving text (SMS) or e-mails related to the Technology Platform, the ReachNow Services, or your use of any vehicle provided by ReachNow.

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19.    Dispute Resolution.

19.1.    Arbitration. Any dispute, claim or controversy arising out of or relating to the Technology Platform, this Agreement or the breach, termination, enforcement, interpretation or validity of this Agreement, including the determination of the scope or applicability of this agreement to arbitrate (a “Dispute”), shall be determined by arbitration in the area surrounding your location (the “Home Area”) before a single arbitrator, except that if you are an Oregon resident, it will be determined by arbitration in Oregon. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with AAA Consumer Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

19.2.    Conduct of Arbitration. The arbitration will be commenced by the claimant Party filing a demand for arbitration with the administrator of AAA and serving the demand on the opposing Party. Within thirty (30) calendar days of the date the demand for arbitration is filed, the Parties will select an arbitrator by following the AAA Consumer Arbitration Rules’ appointment procedures. Except as may be required by law, neither Party nor the arbitrator may disclose the existence, content or results of any arbitration under this Agreement without the prior written consent of both Parties. The arbitrator’s award will be in writing accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.

19.3.    Costs. The arbitrator shall determine how the costs and expenses of the arbitration will be allocated between the Parties, and may award attorneys’ fees.

19.4.    Limitation of Liability. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits, or any punitive to exemplary damages.

19.5.    Limitation on Time to File Claims. IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ACCRUES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

19.6.    Arbitration is on an Individual Basis Only; Class Arbitration Waiver. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. 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. NOTWITHSTANDING THE ARBITRATOR’S POWER TO RULE ON HIS OR HER OWN JURISDICTION AND THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE, THE ARBITRATOR HAS NO POWER TO RULE ON THE VALIDITY OR ENFORCEABILITY OF THE AGREEMENT TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS. IN THE EVENT THE PROHIBITION ON CLASS ARBITRATION IS DEEMED INVALID OR UNENFORCEABLE, THEN THE REMAINING PORTIONS OF THIS SECTION 19 WILL REMAIN IN FORCE.

19.7.    Applicable Law. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the state in which the Home Area is located, exclusive of conflict or choice of law rules. The Parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

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20.    Miscellaneous Terms.

20.1.    Relationship of the Parties. Nothing in this Agreement will be construed to create a partnership, joint venture, agency or employment relationship between the Parties. Neither Party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other Party.

20.2.    Expenses. You acknowledge and agree that any expenses that you incur in furtherance of this Agreement are voluntary in nature and are made with the knowledge that this Agreement may be terminated as provided herein. You shall not make a claim against ReachNow, and ReachNow shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of this Agreement beyond the term hereof.

20.3.    Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting and construing this Agreement.

20.4.    Entire Agreement; Survival. This Agreement, including any other agreements or additional terms referenced herein, constitutes the complete and exclusive statement of the Agreement between the parties with respect to the Technology Platform and Content offered via the Technology Platform, and, unless otherwise expressly provided herein, it supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Website or Content. The provisions of this Agreement that by their content are intended to survive the expiration or termination of this Agreement, including, without limitation, provisions governing ownership and use of intellectual property, proprietary rights, export restrictions, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination and interpretation of this Agreement, will survive the expiration or termination of this Agreement for their full statutory period.

20.5.    Certain Laws Inapplicable to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement.

20.6.    Access from Outside of the United States. ReachNow makes no representation that the Website, Content or other material or information on the Website is appropriate to or available in locations outside of the United States. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.

20.7.    No Waiver. No waiver by either Party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.

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21.    Use of the App.

21.1.    Scope. Subject to the terms and conditions of this Agreement, you are hereby granted the non-transferable right to use the App solely for personal, non-commercial purposes.

21.2.    Proper Use and Compliance with Laws. You may not use the App in any manner that may impair, overburden, damage, disable or otherwise compromise (a) ReachNow’s Services; (b) any other Party’s use and enjoyment of ReachNow’s Services; (c) the services and products of any third parties (including, without limitation, any Authorized Device), or (d) the Technology Platform. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the App, including, without limitation, any usage rules set forth in the online application store terms of service

21.3.    Updates to the App. From time to time, ReachNow may automatically check the version of the App installed on the Authorized Device and, if applicable, provide updates for the App (“Updates”). Updates may contain, without limitation, bug fixes, patches, enhanced functionality, plug-ins and new versions of the App. By installing the App, you authorize the automatic download and installation of Updates and agree to download and install Updates manually if necessary. Your use of the App and Updates will be governed by this Agreement (as amended by any terms and conditions that may be provided with Updates).

21.4.    ReachNow May Disable the App. ReachNow reserves the right to temporarily disable or permanently discontinue any and all functionality of the App at any time without notice and with no liability to you.

21.5.    Export Restrictions. ReachNow does not represent that the App is appropriate or available for use in any geographical location. If you choose to use the App, you are solely responsible for compliance with all applicable laws. The App is subject to U.S. export controls and may not be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria, or any other country with respect to which the United States maintains trade sanctions prohibiting the shipment of goods; or (b) to anyone on or acting on behalf of an entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Denied Persons List or Entities List or included in General Order 3 (15 C.F.R. Part 736, Supplement 1), which prohibits exports to Mayrow General Trading, affiliated entities and persons, and specified persons involved in the manufacture or sale of Improvised Explosive Devices (together referred to as “U.S. Prohibited Party Lists”). By downloading and/or using the App, you represent and warrant that you are not (a) located in or a national or resident of any country noted above that is subject to U.S. trade sanctions, or (b) on any U.S. Prohibited Party List or acting on behalf of any person or entity on any such list.

21.6.    Rating Each Trip. After each trip that book through the ReachNow Services, the App will prompt you to rate such trip. If you do not rate such trip, you will not be able to book another trip until you complete the rating requirement.

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22.    Apple iOS Terms

The following terms only apply if you install, access, or use the App on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).  If you use the App on an Apple-manufactured device, and if there is any conflict between the terms in this Section and other terms in this Agreement, the terms in this Section will control.

  • Acknowledgement. You acknowledge that this Agreement is concluded solely between the Parties, and not with Apple. ReachNow, not Apple, is solely responsible for the App and the content thereof. You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the Apple App Store Terms of Service as of the date you download the App (the “Usage Rules”), and in the event of any conflict, the Usage Rules shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
  • Scope of License. The license granted to you is limited to a non-transferable license to use the App on any Apple-branded products that you own or control as permitted by the Usage Rules.
  • Maintenance and Support. You and ReachNow acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The Parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of ReachNow. However, you understand and agree that in accordance with this Agreement, ReachNow has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
  • Product Claims. You and ReachNow acknowledge that as between Apple and ReachNow, ReachNow, not Apple, is responsible for addressing any claims you may have, as limited by this Agreement, or claims of any third party relating to the App or your possession and/or use of the App, subject to ReachNow’s indemnification rights, including, but not limited to (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  • Intellectual Property Rights. The Parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringe that third party’s intellectual property rights, ReachNow, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required under this Agreement.
  • Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the App.
  • Third-Party Beneficiary. The Parties acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

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23.    Contact Information.

If you need to contact ReachNow about the Technology Platform, you may do so by calling (844) 732-2466, by emailing support@reachnow.com or by writing to: ReachNow | 2118 3rd  Avenue | Seattle, WA 98121.

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