WEBSITE ACCEPTABLE USAGE POLICY
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE
TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY.
YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND
CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS,
PROMPTLY EXIT THIS SITE.
1. Restrictions on Use
All pages within this Website and any material made available for download (collectively
the "Site") are the property of Reach Pros, Inc., a California corporation ("Reach
Pros”) and/or its affiliates. The Site is protected by federal and international
copyright and trademark laws. No portion of the materials on these pages may be
reprinted, republished, modified, or distributed in any form without the express
written permission of Reach Pros. Site for your own personal use or the internal
use of your business. You shall keep intact any proprietary notices, including copyright
notices, contained on any downloaded materials and shall comply with any applicable
end user license agreements.
Any rights not expressly granted by these Terms and Conditions or any applicable
end user license agreements are reserved by Reach Pros.
2. Trademark Notice
BOGOPOD and Reach Pros are the logos, trademarks, and service marks of . Reach Pros
All other trademarks, service marks and logos used in this Site are the trademarks,
service marks or logos of their respective owners.
3. Warranty Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED
SERVICE, IS PROVIDED "AS IS," WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED
SERVICES, AND HYPERLINKED WEBSITES. , REACH PROS ITS AFFILIATES AND ITS SPONSORS
ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY
WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN
THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH
THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE
SITE AND/OR THOSE SERVICES.
Although Reach Pros attempts to ensure the integrity and accurateness of the Site,
it makes no guarantees whatsoever as to the correctness or accuracy of the Site.
It is possible that the Site could include inaccuracies or errors, and that unauthorized
additions, deletions and alterations could be made to the Site by third parties.
In the event that an inaccuracy arises, please inform Reach Pros so that it can
be corrected. Information contained on the Site may be changed or updated without
notice.
4. Confidential and Proprietary Information
Reach Pros does not want to receive confidential or proprietary information from
you through the Site. Please note that any information or material sent to Reach
Pros through the Site will be deemed NOT to be confidential. By sending Reach Pros
any information or material, you grant Reach Pros an unrestricted, irrevocable,
world-wide, royalty free license to use, reproduce, display, perform, modify, transmit,
and distribute those materials or information, and you also agree that Reach Pros
is free to use any ideas, concepts, know-how, or techniques that you send us for
any purpose.
5. Links or Pointers to Other Sites
Reach Pros makes no representations whatsoever about any other Website that you
may access though this Site. When you access a non- Reach Pros Website, please understand
that it is independent from Reach Pros, and that Reach Pros has no control over
the content on that Website. In addition, a hyperlink to a non- Reach Pros Website
does not mean that Reach Pros endorses or accepts any responsibility for the content,
or the use, of the linked site. It is up to you to take precautions to ensure that
whatever you select for your use or download is free of such items as viruses, worms,
trojan horses, and other items of a destructive nature.
6. Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall
be governed by and construed in accordance with the laws of the State of California,
exclusive of its choice of law rules. Each party to these Terms and Conditions submits
to the exclusive jurisdiction of the state and federal courts sitting in the County
of Los Angeles in the State of California, and waives any jurisdictional, venue,
or inconvenient forum objections to such courts. In any action to enforce these
Terms and Conditions, the prevailing party will be entitled to costs and attorney
fees. In the event that any of the Terms and Conditions are held by a court or other
tribunal of competent jurisdiction to be unenforceable, those provisions shall be
limited or eliminated to the minimum extent necessary so that these Terms and Conditions
shall otherwise remain in full force and effect.
7. Entire Agreement
These Terms and Conditions constitute the entire agreement between Reach Pros and
you pertaining to the subject matter of this Agreement. In its sole discretion,
Reach Pros may modify these Terms and Conditions by posting the revised version
on this Site.
8. No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to Reach Pros that you will
not use the Site for any purpose that is unlawful or prohibited by these Terms and
Conditions.
9. Text Messaging Terms and Conditions
< Reach Pros, Inc. and/or
other affiliated entities, such parties ("Company") provide Alerts and Special Offers
programs as a free text messaging services (the "Service"). Please read these terms
and conditions prior to using the Service. By using the Service, you agree to be
legally bound by these terms and conditions, as well as the additional individual
terms of the offer from the advertiser (which additional terms are included on the
advertiser’s web page where you accessed the Service - Note that some advertiser
offer terms may not be included in text, but only found online). If you do not agree
with all of these terms, please do not use the Service.
Please note that to process your requests for this Service, message recipients may
incur a fee, depending on the arrangement the recipient has with his/her mobile
phone providers. A message recipient's cell phone must be capable of receiving text
messages. All messages will include a tag line identifying the affiliated alert.
Privacy: Company respects your privacy. We will only use information you
provide to the Service to transmit your text message or as otherwise described in
this document. Nonetheless, we reserve the right at all times to disclose any information
as necessary to satisfy any law, regulation or governmental request or avoid liability.
When you complete forms online or otherwise provide us information in connection
with the Service, you agree to provide current, complete, true and accurate information.
You agree not to use a false or misleading name or a name that you are not authorized
to use. If we in our sole discretion believe that any such information is untrue,
inaccurate, not current or incomplete, Company may refuse you access to the Service
and pursue any appropriate legal remedies. Please review our Privacy Policy and
Terms of Use for further information. By using the Service, you agree to be legally
bound to the terms and conditions of our Privacy Policy and our Terms of Use.
If you receive Spam or any Offensive Message sent through the Service, please go
to
feedback and complete the form to
report the problem. Be sure to include in the message: the phone number to which
the message was sent; the e-mail address of the sender (if available); and a description
- or, if available, the text - of the message.
YOU UNDERSTAND AND AGREE THAT NEITHER COMPANY, ITS LICENSORS NOR ITS AFFILIATES
ARE RESPONSIBLE FOR, OR CAPABLE OF CONTROLLING SENDERS OF MESSAGES BEYOND COMPANY
ADVERTISERS, AND COMPANY, ITS LICENSORS AND AFFILIATES ASSUME NO LIABILITY FOR ANY
DEFAMATORY, OFFENSIVE, INFRINGING OR ILLEGAL CONTENT OF ANY USER OF THIS SERVICE.
Disclaimer: The Service provides a venue for advertisers to communicate with
recipients. Company does not control and makes no representation regarding the truth,
accuracy, quality, completeness, safety, or legality of the communications of its
advertisers. YOU ACCESS AND USE THIS SITE AND ANY OF THE SERVICES OFFERED ON THIS
SITE AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS,
TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, NON-OFFENSIVENESS,
OR SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE
OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL
BE CORRECTED. COMPANY DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH
THE SERVICE IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION,
AND ACCESSING IT FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY
PROHIBITED. Some jurisdictions do not allow exclusion of certain implied warranties,
so the above exclusions may not apply to you.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER
COMPANY NOR ANY OF ITS LICENSORS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES ARISING
OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE
THE SERVICE, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, EVEN IF COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES, WITHOUT LIMITATION
TO DAMAGES INTENDED TO COMPENSATE YOU DIRECTLY FOR ANY LOSS OR INJURY; DAMAGES THAT
DO NOT FLOW DIRECTLY FROM AN ACTION, BUT ONLY FROM SOME OF THE CONSEQUENCES OR RESULTS
OF SUCH ACTION (INDIRECT OR CONSEQUENTIAL DAMAGES); AND ANY OTHER MISCELLANEOUS
DAMAGES AND EXPENSES, SUCH AS INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY
DAMAGES.
10. Acknowledgement That Reach Pros is a Publisher
Users hereby agree and understand that Reach Pros, Inc, BOGOPOD and related companies
are mere publishers of information. Any offer, coupon, promotion or similar marketing
or advertisement is offered solely by the independently owned and operated merchant.
Any statement or representation of any of the independently owned and operated merchants
are made exclusively by the specific merchant and any complaint or claim must be
made against that merchant and not Reach Pros, Inc. BOGOPOD or their related companies.
In the event you discover any offer, coupon, promotion or similar marketing or advertisement
that is in any way inaccurate or not what you expected from said offer of merchant
please contact us in writing. Though Reach Pros, Inc, BOGOPOD and related companies
are mere publishers of information they will attempt to relay information to merchant.
Reach Pros, Inc, BOGOPOD and related companies are not a mediator and shall have
no obligation to take any action or omission. Customer hereby agrees and understands
that the intellectual property rights, including but not limited to trademarks and
copyrights of each merchant, party offering a promotion, coupon or advertisement
are the respective rights of that specific merchant and that no right or claim to
any right to the intellectual property right shall be made by customer or user of
this site. Customer hereby agrees and accepts that no claim to any intellectual
property right is being made by anyone other then the specific merchant offering
a promotion, advertisement, coupon or similar offer.
Limitation of Liability
IN THE EVENT ANY COUPON, PROMOTION OR ADVERTISEMENT IS IN ANYWAY INAACURRATE, THE
SOLE LIABILITY OF REACH PROS TO YOU AND YOUR SOLE REMEDY SHALL BE LIMITED $1.00.
IN NO EVENT SHALL REACH PROS, OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS,
SHAREHOLDERS, EMPLOYEES, DIRECTORS, OR OFFICERS HAVE ANY OBLIGATIONS TO YOU OR BE
RESPONSIBLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER
INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS, IN ANY
WAY ARISING OUT OF OR RELATED TO ANY COUPON, PROMOTION OR ADVERTISEMENT, HOWEVER
CAUSED, ON ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO TORT (INCLUDING
NEGLIGENCE), EVEN IF REACH PROS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.NONE
OF REACH PROS EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION