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Terms of Service

Updated: March 3, 2014

PLEASE REVIEW THE FOLLOWING BEFORE USING THIS SITE OR ACCESSING ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE SITE. YOUR USE OF THIS SITE MEANS YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR ACCESS ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE SITE.

 

The Reaching Neighbors web site (the "Site") and all associated content and services accessible through the Site are provided by Reaching Neighbors®. ("Reaching Neighbors").

Reaching Neighbors® may update these terms and conditions at any time without notice to you, so you should review these terms and conditions periodically. The most current version of these terms and conditions can be reviewed by clicking on the "Terms of Service" hypertext link located at the bottom of the Site's pages. These terms and conditions include any other operating rules or policies that may be published on the Site by reachingneighbors.com.

 

Copyright

All content included on the Site (including text, graphics, logos, button icons, images, data compilations, and software, hereinafter referred to as "Content") is the property of reachingneighbors.com (and as applicable, its licensors). All Content is protected by United States and international copyright laws and other intellectual property laws, and Reaching Neighbors reserves any rights not expressly granted herein.

 

Services

Reaching Neighbors® provides print and direct mail services, mail lists, custom graphic design, logo design, web design, marketing consultation and social media management (the "Services"). The Services and information about the Services are available through the Site.  Reaching Neighbors® authorizes you to access this Site and use the Services, provided you comply with the terms of use. If you breach any of the terms of the terms of use, your authorization to use the Site and the Services automatically terminates and you must immediately destroy any of the Content you have downloaded or otherwise obtained.

 

Reaching Neighbors® makes no representation or guarantee regarding the results you will achieve from using the Services. Reaching Neighbors® does not act as an agent, partner, joint venturer, or in any other capacity on your behalf or on behalf of the United States Postal Service ("USPS"). Delivery time for direct mail pieces ordered through our system averages seven (7) to ten (10) business days; however, Reaching Neighbors® cannot guarantee timely deliver by the USPS. All issues related to mail delivery are matters solely between the USPS and yourself.

 

User Behavior

You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in using the Services. You warrant and agree that, while accessing the Site or any Content and during or as a result of using any Service, you shall not:

  1. harass, threaten, embarrass, or cause distress or discomfort upon another party;
  2. transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
  3. impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
  4. violate any applicable laws, rules, or regulations or otherwise use the Services in any manner that violates any applicable laws, rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls and U.S. export requirements);
  5. upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; and
  6. upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation).

Refusal of Service

You understand that Reaching Neighbors® has no obligation to monitor your use of the Services and the materials you develop with the Services. Reaching Neighbors® does, however, reserve the right to review the same and to remove and/or suspend the Services with respect to any materials that Reaching Neighbors® believes (in its sole discretion) are illegal or otherwise improper. Reaching Neighbors also reserves the right, in its sole discretion, to require proof that you are authorized to distribute the content developed with the Services.

 

Disclaimers / Liability

Although Reaching Neighbors® believes that the Site, the Content, and the Services are reliable and fully available, Reaching Neighbors® makes no guarantees with respect to any of the foregoing. CONSEQUENTLY, THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED "AS IS" AND REACHING NEIGHBORS® HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

FURTHER, REACHING NEIGHBORS® DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. REACHING NEIGHBORS® EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.

 

To the maximum extent permitted by applicable law, in no event shall Reaching Neighbors® (including its directors, officers, employees, and agents) be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Site, the Services, or any of the software) even if Reaching Neighbors has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall Reaching Neighbors®'s liability to you for any matter arising under or relating to your use of the Site, the Content, or the Services exceed the total amount you paid to Reaching Neighbors with respect to the particular Services giving rise to the claim.

 

National Do Not Call Registry

With respect to any Services relating to the provision of phone number lists for telemarketing purposes, you acknowledge and agree that: (i) although Reaching Neighbors® makes reasonable efforts to validate its telemarketing data (including comparing the same against the National Do Not Call Registry on a quarterly basis), you are solely responsible for confirming and validating all numbers against applicable "Do Not Call" registries before using the same and (ii) you are solely responsible for complying in all respects with all applicable federal and state telemarketing laws, rules, and regulations. Consequently, you are strongly encouraged to register with the National Do Not Call Registry for the purpose of personally verifying list compliance.

 

Site Modifications

Reaching Neighbors® reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the Site (including features and hours of availability) and (ii) impose limits on certain features of the Site or restrict your access to part or all of the Site.

 

User Information

As part of your use of the Site, you may provide certain information to Reaching Neighbors® or other users of the Site. Except for applicable credit card and related information, any information or material you transmit to the Site or otherwise provide to Reaching Neighbors® is considered non-confidential and non-proprietary and Reaching Neighbors® has no obligations of confidentiality with respect to these. You agree that the party receiving that information can rely upon and use such information in any manner. You acknowledge and agree that you are solely responsible for the accuracy and content of all information provided by you. For more information on Reaching Neighbors®'s information use policy, please read our Privacy Policy.

 

Links to Other Sites

Links to third-party web sites on the Site are provided solely as a convenience to you. If you decide to access any of the third-party sites linked to the Site, you do so entirely at your own risk. If you use these links, you will leave the Site. Reaching Neighbors does not control and is not responsible for any of these third-party sites or their content, does not endorse and makes no representations about them, any information, software, or other products or materials found there, or any results that may be obtained from using them.

 

Billing

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Reaching Neighbors or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the accountholder. Orders are billed according to arrangements determined by your enrollment and/or company mailing program. Your credit card will be billed for any charges that are your responsibility. Reaching Neighbors makes every effort to ensure accurate pricing, but pricing errors may occur. By submitting an enrollment or order, you agree to pay the price in effect for the applicable Service you are ordering. For pricing questions, please contact us within 60 days of the applicable enrollment or order placement. Please review your order information carefully before placing your order. Once placed, orders cannot be changed or cancelled.

 

Indemnification

You shall indemnify, defend, and hold Reaching Neighbors®, its officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of the terms of use or any use by you of the Site or the Services. Reaching Neighbors® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without the prior written consent of Reaching Neighbors®.

 

Site Administration

Reaching Neighbors® administers the Site from its office in San Antonio, Texas. Reaching Neighbors® makes no representation that the Site, the Content, or any Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at the Site or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access the Site from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws.

 

General Provisions

The terms of use comprise the entire agreement between you and Reaching Neighbors® and supersedes all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with the Site, the Content, or the Services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of the terms of use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of such provision and the remainder of the terms of use shall continue in full force and effect. The failure by Reaching Neighbors® to exercise or enforce any rights or provisions of the terms of use shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the Site, the Content, or any Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The terms of use will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively venued in Bexar County, Texas, and you agree to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas. All provisions in the terms of use regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of the terms of use or your use of the Site, the Content, or the Services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase, including one or more specific items, are used by way of example and not of limitation.

 

Contact Information

Reaching Neighbors®
16719 Huebner Road
Building 2, Suite 201
San Antonio, Texas 78248

Local (210) 496-6352
Toll-Free (866) 864-6352
Fax (210) 496-7135
clientcare@reachingneighbors.com