An Overview

Part of our mission is to enable and encourage sharing of best practices among professionals to help users learn new skills and find the resources – people, businesses, and tools – they need to help them in their endeavors.

Please see the full version of our Terms of Use Agreement below for details.  Disclaimer: This summary is not a part of the Terms of Use Agreement and is not a legal document.  It is simply a helpful reference for understanding the Terms of Use Agreement.  The format is inspired by Creative Commons Corporation’s human-readable summary of their usage policy.

You are free to:

  1. Read and print our articles free of charge.
  2. Share and reuse our articles with citations and reproduction rights taken into account.
  3. Contribute to polls.
  4. Submit articles for posting to the site.

Under the following conditions:

  1. Responsibility– You take responsibility for your submissions, articles, and subsequent edits.  You also take responsibility for what you do with the information you learned or found on the site.
  2. Civility– You support a civil environment and do not harass or defame others.
  3. Lawful behavior– You do not violate copyright, trademark, or other laws.
  4. No harm– You do not harm our technology infrastructure.
  5. Terms of Use and Policies– You adhere to the below Terms of Use Agreement and other applicable policies and guidelines when you visit our site.

With the understanding that:

  1. You are 13 years old and above.
  2. You license freely your contributions. You generally must license your contributions and edits to our site under a free license (unless your contribution is in the public domain).
  3. Information provided does not constitute professional advice. You understand that the articles posted to the site are for informational purposes only.
  4. Visiting third-party websites is at your peril. You understand we do not control the content on third-party sites and that when you visit those websites, you do so at your own risk, being subject to their policies.
  5. Access and use of our site is at your own risk. You understand that the site and services are provided as is and we do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, integrity, quality, or reliability of information posted via the site or endorse any opinions expressed.

 

Terms of Use Agreement

Last updated July 16, 2018

INTRODUCTION

Welcome to extendingreach.com, the website (“Site”) that is owned by Extending Reach, LLC (also referred to as “we,” “us,” and “our” below).  Our mission is to help professionals find the marketing information and resources they need to make informed business decisions.  With knowledge in hand, they can determine the tasks they can do on your own versus those requiring outside assistance, saving time and maximizing their budget.

This Terms of Use Agreement (“Agreement”) contains the complete terms and conditions that apply to your participation and use of our Site and its services.  By referring to “you,” “your,” “user,” and”User” below, we are referring to a living individual using this Site and its services.  The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement.

You may use this Site anonymously, publish articles on this Site, participate in polls, and submit poll questions.  As our business develops, future features may be available.  By accessing this Site or using any part of the Site or any content or services thereof, you agree to our Privacy Policy and become bound by the Terms and Conditions in this Agreement. If you do not agree to all the Terms and Conditions detailed below, then you may not access the Site or use the content or any services of the Site.   Amendments to this agreement can be made effective by us from time to time without specific notice.  The Agreement posted on the Site reflects the latest Agreement, and you should carefully review it before you use our Site.

TERMS AND CONDITIONS

Eligibility

This Site, including its tools, applications and services, are intended solely for access and use by individuals who are at least thirteen (13) years old and above.  By accessing and using our Site including its tools, applications and services, you, as the User, warrants and represents that you are at least thirteen (13) years old and with full authority, right, and capacity to enter into this Agreement and to abide by all of the Terms and Conditions of this Agreement.  You will not violate any rights of Extending Reach, LLC including intellectual rights such as copyright or trademark rights.  You also agree to use the Site and its services at your cost including equipment, software, and internet access deemed necessary to use our Site.

Newsletters

You may subscribe to newsletters (or e-newsletters) by joining the newsletter.  To sign up for newsletters, you are required to provide your first and last name along with an email address. You may need to change your email settings to receive our e-newsletters.  As part of our service, you may receive confirmation and notification messages regarding your e-newsletter preferences. To tailor newsletters to your interests, we request information on the format you wish to receive messages in (HTML or text) and which ones you are interested in receiving.  If you simply provide your first and last name, and an email address, we will send monthly updates.  Any information you submit or provide in order to receive e-newsletters will be subject to the terms of our Privacy Policy and to the Terms and Conditions of this Agreement. To complete the sign up process, you must also complete anti-spam reCAPCHA information.

As our business develops, the frequency, and subject matter of the newsletters may change. Subscribers will be notified of major changes in offerings via the email address they provide on the Join the Newsletter page. We may also stop providing newsletters without notice at any time.

You may unsubscribe from the newsletter(s) at any time by visiting the Join the Newsletter page to indicate which newsletter(s) you wish to unsubscribe from or you can send your request to [email protected], providing your email address, first and last name, and the newsletter you wish to unsubscribe from since there may be more than one type you are receiving. Removal from our database may take up to 10 business days to take effect.

Use of the Site & PROHIBITIONS

When using the Site, you understand and agree that you will use this Site, including its tools and services, with a full sense of responsibility and in a manner that is consistent with these Terms and Conditions, and in such a way as to ensure compliance with all applicable laws and regulations in accordance to local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.  Furthermore, you agree:

  1. You must not use our Site, including its services and or tools, if you are not able to form legally binding contracts, are under the age of 13, or are temporarily or indefinitely suspended from using our Site, services, or tools.
  2. You will not submit articles for publication that are inappropriate, fail to observe a sense of decency, or would offend other persons.  See Article Submissions Guidelines for more details.
  3. You must not republish, sell, rent or sub-license any materials from this Site including republication on another website; this does not include Content you own as defined below.
  4. You must not download, copy, modify, or reformat photos, images or other proprietary information for commercial use; republication, retransmission, reproduction or other uses are prohibited.
  5. You must not post false, inaccurate, misleading, defamatory, or libelous content in articles you publish or share on our Site.
  6. You must not use our Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

We may, without prior notice, change the Site, services, and tools provided; stop providing the Site or features of the Site to you; or create usage limits for the Site and services or features provided.

User Content

“Content” means any information, text, graphics, photos, images, avatars, videos, articles, write-ups, comments, news items, newsletters, messages, email, website URL, or other materials uploaded, downloaded, posted, or appearing on the Site.  You retain ownership of all Content you submit, upload, post, display, communicate, edit, email, transmit via, or to the Site, including submission of articles, write-ups, news items, commentary,  and all other data, photographs, graphics, images, avatars, video, messages, or other materials you make available on the Site or via our newsletter.

You may request deletion of your Content at any time via the Site contact us form, but if you have shared the information or Content with others and they have not deleted it, or it was copied and stored by others, then your Content may reside on other User systems that we cannot control or delete.

You are free to republish articles you submit to the Site elsewhere on the world wide web (“Web”).  Furthermore, any Content you submit, upload, post, display, communicate, edit, email, transmit via, or to the Site is voluntary, including submission and publication of articles, write-ups, news items, commentary, and all other data, photographs, graphics, images, avatars, videos, messages, ratings, comments, or other materials you make available on the Site or via our e-newsletter.  Extending Reach, LLC does not compensate for User Content, unless explicitly agreed to do so in writing with conditions specified.

Your License To Extending Reach, LLC

By uploading, submitting, posting, or displaying Content on or through the Site, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license and transfer) to access, copy, use, reproduce, process, adapt, modify, publish, store, transmit, display, reformat, share, publicly display, and distribute such Content in any and all media or distribution methods, including social media or networking websites (now known or later developed).

You agree that this license includes the right for other Users of the Site to share and modify your Content.  You also agree that this license includes the right of Extending Reach, LLC to make your Content available to others for the publication, distribution, syndication, or broadcast via other media and services, such as social media or networking websites but not exclusive to such websites, subject to our Terms and Conditions for such Content use.  Such additional uses by Extending Reach, LLC or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through our Site and services.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media, such as our newsletter,  and or make changes to your Content as necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media, including social media or networking websites.

Additionally, by submitting Content to the Site, you warrant, represent and agree that you have the right to grant Extending Reach, LLC the license described above. We do not guarantee we will publish articles you send us, but if you follow our submission guidelines, we most likely will.  You must also represent, warrant and agree that you have not and will not contribute any Content that:

  1. Infringes, violates or otherwise interferes with any copyright, trademark, confidentiality, or violation of any contractual obligations of a third-party;
  2. Reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it;
  3. Infringes any intellectual property right of another or the privacy or publicity rights of another;
  4. Is libelous, defamatory, abusive, threatening, harassing, hateful, pornographic, offensive or otherwise violates any law or right of any third-party;
  5. Creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
  6. Contains other people’s private or personally identifiable information without their express authorization and permission; and or
  7. Contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Extending Reach, LLC reserves the right to remove any Content at its discretion and pursue any other remedy or relief available under equity or law should these terms be violated.

You accept and agree that it is beyond Extending Reach, LLC’s control, and that we have no duty to take an action regarding:  which Users gain access to the Site or use the information or services on the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  Furthermore, you release Extending Reach, LLC and its officers from all liability for you having acquired, or not acquired, Content through the Site and its services.

Extending Reach, LLC’s Licenses to You

Subject to these Terms and Conditions, Extending Reach, LLC gives you a worldwide, royalty-free, non-assignable and non-exclusive license to re-post any of the user Content on Extending Reach, LLC, which is non-proprietary to Extending Reach, LLC, anywhere on the rest of the Web provided that User who created the Content has not explicitly marked the Content as not for reproduction, and provided that you:

  1. Do not modify the Content.
  2. Attribute Extending Reach, LLC by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the Site page displaying the original source of the Content on every page that contains our Content.
  3. Upon request by Extending Reach, LLC does not remove the User’s name from the Content unless the User has subsequently deleted their name or credentials associated with the article posted, making their Content anonymous.
  4. Upon request by Extending Reach, LLC, makes a reasonable attempt to delete Content that has been deleted.
  5. Upon request by Extending Reach, LLC, makes a reasonable effort to update a particular piece of Content to the latest version on the Site.

You may only use the attribution required by this Section in the manner set out above.  In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, or sponsorship or endorsement by, Extending Reach, LLC or a User without the separate, express prior written permission of Extending Reach, LLC and/or the User who contributed the original Content, if applicable.

If we publish an article you have submitted to the Site, your name, date posted, and organization you represent with a machine-followable link (an HTML <a> anchor tag) directing to your organization, blog, or online resume may be associated with your article with your written permission.  Your Content may be viewable by other Users of the Site and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under all of the Terms and Conditions of this Agreement.   Articles or Content you submit are licensed to Extending Reach, LLC as detailed above.  We do not screen your Content for accuracy, copyright or other intellectual property infringement, obscenity, harmfulness, offensive language, indecent or otherwise inappropriate information.  We do not guarantee that we will publish articles you submit, but if you follow our article submission guidelines, there is a good chance we will.  We ask that you follow our article submission guidelines to help us plan for your article in our navigation and fit with the format, style, and tone we have established on the Site.  We do not financially compensate for articles submitted or published on the Site.  We do not financially compensate for suggestions you may have to improve our Site.  Anything you submit to us is voluntary and grants us a worldwide license to use your information for promotional purposes according the Terms and Conditions in this Agreement.

You are solely responsible for all Content you voluntarily provide to or obtain via the Site, whether publicly posted or privately transmitted to us.  We may not monitor or control the Content, including articles you submit and posted via the Site.  Any use of or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk.  We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, integrity, quality, or reliability of any Content or communications posted via the Site or Newsletter, or endorse any opinions expressed via the Site.  You understand that by using the Site, you may be exposed to Content that might be offensive, harmful, indecent, inaccurate or otherwise inappropriate.  To help foster accuracy and a positive user experience on the Site, Users are encouraged to report erroneous or inappropriate Content and suggest improvements. Under no circumstances, however, will Extending Reach, LLC, its officers, staff or third-party providers be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or made available via the Site or broadcast elsewhere.

Indemnification

You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability.  Extending Reach, LLC will not be responsible or liable for any use of your Content by others using the Site or by Extending Reach, LLC in accordance with these Terms and Conditions.  Furthermore, you indemnify Extending Reach, LLC and hold us harmless of all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations, caused by (i) your failure to comply with this Agreement, including without limitation, to your submission of Content that violates third-party rights or applicable laws, (ii) any Content you submit to this Site, and/or (iii) any activity which you engage on or through the Site.

Extending Reach, LLC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Site.  We also reserve the right to access, read, preserve, and disclose any information we reasonably believe is necessary to:

  1. Satisfy any applicable law, regulation, legal process or governmental request.
  2. Enforce the Terms and Conditions, including investigation of potential violations hereof.
  3. Detect, prevent, or otherwise address fraud, security, or technical issues.
  4. Respond to User support requests.
  5. Protect the rights, property or safety of Extending Reach, LLC, its Users and the public.

Access and Usage Rules

You must not do any of the following while accessing or using the Site:

  1. Use the Site for any unlawful purposes or for promotion of illegal activities.
  2. Allow published Content (as defined above) to be in violation of the provisions contained in the “Your License to Extending Reach, LLC” section of these terms.
  3. Use the Site or services and tools for the purpose of spamming anyone.
  4. Access or tamper with non-public areas of the Site, Extending Reach, LLC’s computer systems or the technical delivery systems of Extending Reach, LLC’s providers.
  5. Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures.
  6. Access, search, or attempt to access or search the Site by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Extending Reach, LLC (and only pursuant to those Terms and Conditions), unless you have been specifically allowed to do so in a separate agreement with Extending Reach, LLC (crawling the Site is permissible in accordance with these Terms and Conditions, but scraping the Site without the prior consent of Extending Reach, LLC except as permitted by these Terms and Conditions is expressly prohibited).
  7. Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information.
  8. Interfere with or disrupt (or attempt to do so) the access of any user, host, or network including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Site.

We may make available one or more APIs for interacting with the Site.  Your use of any Extending Reach, LLC API is subject to these Terms and Conditions and the Extending Reach, LLC API rules, which will be posted before we make these APIs available (as part of these Terms and Conditions).

Proprietary Rights

All rights, title, and interest in and to the Site (excluding Content provided by Users) are and will remain the exclusive property of Extending Reach, LLC and its licensors.  The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.  You may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from the Site.  Except as expressly provided herein, nothing in the Terms and Conditions gives you a right to use the Extending Reach, LLC name or any of the Extending Reach, LLC trademarks, logos, domain names, images, and other distinctive brand features.  Any feedback, comments, or suggestions you may provide regarding the Site is entirely voluntary, and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation of confidentiality, express or implied, compensation, or reimbursement of any kind to you.

Extending Reach, LLC respects the intellectual property of other companies.  If we have not properly identified another company’s trademark, service mark, copyright or other intellectual property, please notify us so that we may correct the error.  All third-party trademarks are properties of their respective owners.  Extending Reach, LLC Site includes materials which are owned by us or licensed to us to build and operate this Site.  Licensed materials include photos and images for illustrative purposes.  All persons depicted in such photos are models; they do not have a special relationship with Extending Reach, LLC or the Site.  Downloading photos and images other than for personal use is prohibited similar to the republication, retransmission, reproduction or other use of our licensed material.  Other licensed materials include plugins, applications and other supporting technology to help improve the User experience on the Site.

Non – Assignment of Rights

Your rights of whatever nature cannot be assigned nor transferred to anybody and any such attempt may result in termination of this Agreement, without liability to us.  However, we may assign this Agreement to any person at any time without notice.

Copyright Policy

Extending Reach, LLC respects the intellectual property rights of others and expects Users of the Site to do the same.  We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.  If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your mailing address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Site is:

Extending Reach, LLC
Attn:  Legal Dept.
15559 Union Ave. #407
Los Gatos, CA  95032
Email: [email protected]

How We Protect Your Privacy

Extending Reach, LLC values your privacy.  Please review our Privacy Policy to learn more about how we collect and use information about you via the Site.  Extending Reach, LLC employs reasonable technical, administrative and physical safeguards to protect the confidentiality and security of your personal information.  We use encryption when transmitting your Personal Data to where your data is processed and stored, plus other technologies such as firewall protection and malware scans to help safeguard your information and interaction on our Site.  Extending Reach, LLC strives to use commercially acceptable means to protect your Personal Data, but we cannot guarantee its absolute security.  By submitting information via our Site, you consent to our Privacy Policy and agree to the transfer of your data, including Personal Data and Usage Data, to the United States for processing. Furthermore, you understand and agree that your submission of Content to the Site, and use of the Site, is voluntary on your part.

Links To Third-Party Websites

The Site may contain links to third-party websites or resources to help Users learn more about a topic. There is no affiliation or special relationship with the third-party websites that the Extending Reach, LLC Site links to.  You acknowledge and agree that Extending Reach, LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources.  Furthermore, you acknowledge and agree that when you use a link on our Site to go to another third-party website that our Privacy Policy is no longer in effect; your browsing and interaction on any other website is subject to that website’s own rules and policies.  Links to third-party websites do not imply any endorsement by Extending Reach, LLC for those websites or resources or the Content, products, or services available from those third-party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Embedded Content from Other Websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Links From Third-Party Websites

Extending Reach, LLC welcomes links from third-party websites, but we ask that you adhere by the following practices:

  1. Your website or webpage does not mischaracterize or purposely mislead users about the information found on Extending Reach, LLC’s website or webpage to which you are linking.
  2. Your website does not charge users a fee to access our website or webpage.
  3. Your website does not import, create a web frame around our content, or replicate Extending Reach, LLC content where the link is found directing to Extending Reach, LLC website or webpage.
  4. You do not expect payment for linking to the Extending Reach, LLC website or webpage from your website unless explicitly agreed to in writing by Extending Reach, LLC management prior to posting.
  5. The link on your website or webpage does not cause users to infer a special – political, religious, social, legal, etc. – or other business relationship between our organizations or respective websites that does not already exist.

Disclaimers and Indemnity

As a User, your access to and use of the Site or any Content is at your own risk. You understand and agree that the Site is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, EXTENDING REACH, LLC AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Site and its service or any Content thereon.  Extending Reach, LLC will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site and services, or any Content.  You also agree that Extending Reach, LLC has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Site and its services.  We make no warranty that the Site and its services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.  No advice or information, whether oral or written, obtained from Extending Reach, LLC or through the Site and its services, will create any warranty not expressly made herein.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXTENDING REACH, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE SITE OR ITS SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE AND ITS SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EXTENDING REACH, LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

If anyone brings a claim against us related to your actions or Content on the Site or its services, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

General Terms

These Terms and Conditions and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. Unless submitted to arbitration as set forth in the following paragraph, all claims, legal proceedings or litigation arising in connection with the Site will be brought solely in Santa Clara County, California, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) under these Terms and Conditions where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration.  The party electing such arbitration shall initiate the arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties.  The ADR provider and the parties must comply with the following rules:  a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Entire Agreement

These Terms and Conditions are the entire and exclusive agreement between Extending Reach, LLC and you, a User, regarding the Site (excluding any services for which you have a separate agreement with Extending Reach, LLC that is explicitly in addition or in place of these Terms and Conditions), and these Terms and Conditions supersede and replace any prior agreements between Extending Reach, LLC and you regarding the Site.

Failure to Enforce Rights and Severability

The failure of Extending Reach, LLC to enforce any right or provision of these Terms  and Conditions will not be deemed a waiver of such right or provision.  In the event that any provision of these Terms and Conditions is held to be invalid, unenforceable, void, or illegal, the remaining provisions of these Terms and Conditions will remain in full force and effect.

Amendments To These Terms and Conditions.

We may revise these Terms and Conditions from time to time. The most current version will always be on this page (or such other page as the Site may indicate).  If the revision, in our sole discretion, is material we will notify you via posting to our Site or e-mail to the email address associated with your account if you subscribe to the e-newsletter.  By continuing to access or use the Site after those revisions become effective, you agree to be bound by the revised Terms and Conditions.

Notices and Service of Process

The Site is operated and provided by Extending Reach, LLC.  If you have questions about this Terms of Use Agreement, please contact us via email at [email protected], or via mail or carrier to:

Extending Reach, LLC
Attn:  Legal Dept.
15559 Union Ave. #407
Los Gatos, CA  95032

You may also use this address for service of process.  Any notices that do not comply with this section shall have no legal effect.