Reach-In Now™ is a DBA of Desert Rose Counseling Group LLC (“Reach-In Now™“) offers a community platform, links to peer support specialists, and prosocial influencer-content to improve performance, interpersonal relationships, mental health literacy and overall mental fitness (the “Reach-In Now™ Services“) to the community at large is collectively called app users (each a “App User“).
A more detailed explanation of the Reach-In Now™ Services can be found at Reach-In Now™ website, at https://www.reachinnow.com.
- Reach-In Now™ Services:
Description of Service: Reach-In Now™ offers an internet-based service that enables App Users to access a mobile based communication platform to facilitate mental health wellness. The app may be used to send private, group, commercial messages, or email (“Messages“) between App Users and us. Reach-In Now™ provides App Users with tools with which to deliver such Messages, and as well provides for their delivery to App Users in a variety of ways – for example, through in-app Messages and push notification services (“Notifications“). The Reach-In Now™ Services may include, without limitation: Messages, App User profiles, App User ratings, Notifications, emergency alert mechanisms, text communication, video communication, prizes and products, and email. A more detailed explanation of the Reach-In Now™ Services can be found at Reach-In Now™ website, at https://www.reachinnow.com.
General Restrictions on Use: App User will at all times send Messages only as prescribed by Reach-In Now™ or within the legal extent of the law. App User may not use the Reach-In Now™ Service to promote any products or services that it does not offer and sell directly to App Users. App User may not change the privacy policies established by Reach-In Now™ for App Users. Where as allowed, Professionals may sign up with us to sell or promote their services to App Users.
App User must comply with a host of federal and state laws in using the Reach-In Now™ Service, and App User accepts and assumes sole and exclusive responsibility to comply with these laws. In this regard, Reach-In Now™
strongly encourages App User to refer to the following non-exclusive list of laws and resources to help combat possible legal violations relating to its use of the Reach-In Now™ Service in the US (Please check with your local laws outside of the US for further local restrictions, laws, and permissible communications):
- The Telephone Consumer Protection Act
- Federal Trade Commission Act, Section 5
- CAN-SPAM Act
- Mobile Marketing Association
- CTIA-The Wireless Association
App User should carefully review the laws listed above, and is responsible for compliance with such laws. Similarly, Reach-In Now™ encourages Professionals to review the laws of the state or states in which it operates or to which it sends Messages via the Reach-In Now™ Service, and is responsible for compliance with such laws.
Reach-In Now™ has also adopted its own restrictions applicable to the use of the Reach-In Now™ Services. These restrictions in many cases track the requirements of applicable law, and are discussed below. App User’s failure to follow these restrictions, for example by creating and sending Messages in a manner contrary to these restrictions, will not be tolerated by Reach-In Now™, and is done at App User’s own risk. App User is also advised that its adherence to these restrictions will not assure that App User will be compliant with all federal and state laws applicable to it.
Developing Message Content: App User acknowledges and agrees that Reach-In Now™ is not a publisher of the content contained in App User’s Messages. App User understands that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (“Content“), whether publicly posted or privately transmitted by App Users, is the sole responsibility of App User. This means that App User, and not Reach-In Now™, is entirely responsible for all Content that App User uploads, posts, transmits or otherwise makes available via the Reach-In Now™ Service. Reach-In Now™ does not control the Content posted via the Reach-In Now™ Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Reach-In Now™ be liable (including, without limitation, to any App User) for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Reach-In Now™ Service.
The following is a non-exclusive list of Content (and related products and services) that Reach-In Now™ prohibits (“Prohibited Content“):
- Pornography or pornographic products, including magazines, video and software.
- Escort services.
- Illegal goods or contraband.
- Pirated computer programs.
- Instructions on how to assemble or otherwise make bombs, grenades or other weapons.
- Material that exploits children less than 18 years of age.
- Products or services frequently associated with unsolicited commercial email, a.k.a. SPAM, such as online and direct pharmaceutical sales, health and sexual well-being products, work at home businesses, credit or finance management, credit repair and debt relief offerings, stock and trading tips, get rich quick, and mortgage finance offers, and betting/gambling services, including poker, casino games, racing and sporting events.
- Sweepstakes, contests and promotions.
- Alcohol (other than beer and wine, which is permitted), drugs, tobacco or other controlled substances.
- Material that is offensive or objectionable, including blatant expressions of bigotry, prejudice, racism, hatred, and profanity, or obscene, lewd, lascivious, filthy, or violent.
- Disclosure of personally identifiable or private information of another person, or information reasonably linkable to another person, without such other person’s consent (or a parents’ consent in the case of a minor).
- Products or services that are unlawful in the location at which the Content is posted or received.
- Software containing viruses, worms, harmful code and/or Trojan horses.
- Pyramid schemes or multi-level channel and/or network marketing (MLM) businesses.
- Material that is libelous, defamatory, scandalous, threatening, or harassing.
- Material that advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out violence.
- Material that infringes upon the intellectual property rights of another.
- Advertising that is illegal or actionable under, or not in compliance with, any federal, state or international law, including prohibitions against unfair and deceptive, or false or misleading, advertisements or business practices.
Restrictions on Use: Each App User agrees not to use any User Services for any reason related to any Prohibited Content or otherwise prohibited by law.
User Messages: App User agrees that Reach-In Now™ may send messages to the App User regarding the User Services either via the User Profile or by email to an email address expressly provided by the App User to Reach-In Now™. Every email sent by Reach-In Now™ Service will be automatically appended with an opt-out link that will allow App User to remove such App User’s email address from Reach-In Now™ contact list, and a notice of App User’s right to opt-out. App User may opt-out of receiving messages from Reach-In Now™ via the App User’s User Profile by calling or emailing Reach-In Now™ and requesting that Reach-In Now™ discontinue the use of such App User’s User Profile.
Taxes: Professional will be responsible for all taxes that arise in any jurisdiction, including value added, consumption, sales, use, gross receipts, excise, access, bypass, franchise or other taxes, fees, duties, charges or surcharges imposed on or incident to the provision, sale or use of the Reach-In Now™ Services. The foregoing excludes any tax based upon Reach-In Now™ net income.
with or without notice. App User may not grant any third-party any rights in the license granted herein, or sublicense it or in any way transfer any of App User’s rights under this license.
Reach-In Now™ does not claim ownership of any content or data that App User designs, submits or makes available for use or inclusion in connection with the Reach-In Now™ Services (including but not limited to any Content related to the Reach-In Now™ Services). However, with respect to all feedback, comments, likenesses, data and other content that App User supplies to Reach-In Now™, including but not limited to App User’s name, logo, trademark, service marks or copyrights, App User grants to Reach-In Now™ a perpetual, worldwide, unlimited, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content in connection with the Reach-In Now™ Services and elsewhere for the purpose for which such content was submitted or made available, and also for the purpose of promoting the Reach-In Now™ Services.
All of App User’s right, title and interest in and to any ideas, feedback, drawings, and/or content App User generates that lead directly or indirectly to improvements in the Reach-In Now™ Services, new products introduced by Reach-In Now™, or new business lines (and all proprietary rights with respect thereto), are hereby assigned by App User to Reach-In Now™. App User also hereby waives any moral rights App User may have in and to the foregoing.
Member Account and Password: To access the Reach-In Now™ Services, each App User must use a validated email address and password or by a third party login service (“Login Service“). Each App User will: (i) keep the password or Login Service confidential; (ii) not allow any other entity or person to use the user name or password, or gain access to Reach-In Now™ database; (iii) be liable for all action taken by any App User of their login methods for their App User login and (iv) promptly notify Reach-In Now™ if App User believes their user account has been used inappropriately or the confidentiality of the information made available through such use has been compromised.
The use of the user name or password does not grant App User ownership of such user name or password, which is retained by Reach-In Now™. Reach-In Now™ may temporarily or indefinitely revoke a App User’s account, privileges, or access at any time for any or no reason and without liability to App User, as applicable.
Fees: Reach-In Now™ may charge a fee to any App User for use of the Reach-In Now™ Services. If such a fee is charged, it will be explained in a separate application or agreement between Reach-In Now™ and App User. App User may not share a Reach-In Now™ account between or among other App User.
Termination/Cancellation: App User may cancel its subscription to the Reach-In Now™ Services or the User Services, as applicable, at any time by emailing or calling Reach-In Now™. Reach-In Now™ may terminate, disable, restrict, suspend or cancel any App User’s access to the Reach-In Now™ Services, in each case at any time with or without cause, and with or without notice. Reach-In Now™ shall have no liability to any App User or third party because of such action. Notwithstanding the cancellation by App User of its subscription to the Reach-In Now™ Services, or the termination, disabling, restriction or suspension of App User’s access thereto (collectively, a “Termination“), App User shall remain liable and responsible for satisfying all financial and other obligations arising from its participation (including the payment of any and all applicable fees, charges and other amounts) that may have accrued prior to the effective date of the Termination (including, without limitation, to Reach-In Now™ and any App User). App User shall cease using materials, properties and portals provided by Reach-In Now™ after Termination.
Limitation of Liability and Indemnification: Each App User agrees that Reach-In Now™, and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents, will benefit from, and be protected by, the following limitation of liability and warranty provisions:
(a) APP USER, AS APPLICABLE, AGREES AND ACKNOWLEDGES THAT Reach-In Now™ SHALL HAVE NO LIABILITY, EITHER IN TORT, CONTRACT OR IN COMBINATION THEREOF, FOR CLAIMS ARISING IN CONNECTION WITH THE Reach-In Now™ SERVICES OR APP USER SERVICES, EXCEPT IN THE CASE OF GROSS OR WILLFUL MISCONDUCT ON THE PART OF Reach-In Now™ . ANY SUCH CLAIMS ARE SUBJECT TO LIMITATIONS SET FORTH BELOW AND IN NO EVENT SHALL Reach-In Now™ BE LIABLE FOR SPECIAL, CONSEQUENTIAL, INDIRECT OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, REVENUES OR LOST BUSINESS OPPORTUNITIES.
(b) THE LIABILITY, IF ANY, OF Reach-In Now™ , WHETHER TO ANY TYPE OF APP USER OR TO ANY OTHER PARTY, WHATEVER THE BASIS OF LIABILITY, SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES PAID BY APP USER TO Reach-In Now™ DURING THE MONTH IN WHICH THE ACTION OR OMISSION GIVING RISE TO THE LIABILITY OCCURRED. IN NO EVENT WILL THE LIABILITY OF Reach-In Now™ IN CONNECTION WITH THE Reach-In Now™ SERVICE OR APP USER SERVICES EXCEED $500.
Furthermore, App User understands and acknowledges that not every Message sent by the Reach-In Now™ Services will be received by the intended audience, and that Reach-In Now™ is not responsible for the delivery of data, or any other problems that may occur. Reach-In Now™ will use reasonable efforts to ensure that the Reach-In Now™ Services are available on a 24/7 basis. However, there will be occasions when the Reach-In Now™ Services will be interrupted for maintenance, upgrades and repairs, or because of failure of telecommunications that are beyond Reach-In Now™ control. Reach-In Now™ shall not be liable to App User for any modification, suspension or discontinuance of the Reach-In Now™ Services.
Due to the open nature of Internet communications, no data transmission over the Internet can be guaranteed to be secure, and thus Reach-In Now™ cannot guarantee that communications
between any App Users, on the one hand, and Reach-In Now™, on the other, will be free from unauthorized access by third parties.
Jury Waiver: IN THE EVENT ANY CONTROVERSY OR CLAIM BETWEEN Reach-In Now™ AND APP USER SHALL ARISE IN ANY JUDICIAL OR LEGAL PROCEEDING, EACH SUCH PARTY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVES ITS RESPECTIVE RIGHT TO TRIAL BY JURY OF SUCH CONTROVERSY OR CLAIM.
App User Dispute Notification: App User is responsible for the timely reconciliation of all issues related to the Reach-In Now™ Services. App User will promptly examine all statements relating to App User’s account and immediately notify Reach-In Now™ in writing of any errors. App User’s written notice must include: (i) App User name; (ii) the dollar amount of the asserted error; (iii) a description of the asserted error. This written notice must be received by Reach-In Now™ within thirty (30) days after App User received the periodic statement containing the asserted error.
Now™ by overnight carrier or certified mail, postage or other charges prepaid, addressed and transmitted as set forth below. Notice by FAX or email shall be deemed delivered when transmitted. Notice by mail or overnight carrier shall be deemed delivered on the first (1st) business day after mailing or delivery to the carrier. Following are the addresses for the purposes of notices and other communications hereunder, which may be changed by written notice in accordance with this section:
Reach-In Now™ a DBA of Desert Rose Counseling Group LLC
2300 W. Sahara Avenue Suite 800
Las Vegas, NV 89102
Publicity: App User agrees that Reach-In Now™ may issue a press release or similar public announcement referencing App User as a customer of Reach-In Now™. App User also grants to Reach-In Now™ a limited license to use App User’s and its affiliates’ names, logos, trademarks, service marks or copyrights in any advertising, promotional or instructional materials for Reach-In Now™ or its affiliates’ services.
Consent to be Called: APP USER EACH HEREBY AUTHORIZES Reach-In Now™ TO SEND, APP USER EACH CONSENTS TO THE RECEIPT OF, NOTIFICATION ALERTS, FOR THE FOLLOWING DESIGNATED PURPOSES: (I) TO NOTIFY APP USER WHEN ITS APP USER APPLICATION IS APPROVED OR ACTIVATED, OR WHEN ITS EQUIPMENT IS SHIPPED OR REPAIRED; (II) TO NOTIFY APP USER THAT Reach-In Now™ NEEDS ADDITIONAL INFORMATION TO COMPLETE OR APPROVE THE APP USER APPLICATION, OR TO AUTHENTICATE THE APP USER APPLICATION OR APP USER; (III) TO NOTIFY APP USER OF LOYALTY OR MARKETING CAMPAIGNS, SPECIAL OFFERS, APPOINTMENTS OR PURCHASE CONFIRMATIONS; (IV) TO NOTIFY APP USER OF NEW PRODUCTS OR FEATURES OFFERED BY Reach-In Now™; (V) TO NOTIFY APP USER THAT Reach-In Now™ IS TRYING TO REACH IT; (VI) TO NOTIFY APP USER OF CUSTOMER SERVICE ISSUES; (VII) TO NOTIFY APP USER OF SERVICE OUTAGES; (VIII) TO PROVIDE APP USER WITH INFORMATION REGARDING ACCOUNT BALANCES, TRANSACTIONS, AND SIMILAR MATTERS; AND (IX) TO NOTIFY APP USER OF ANY MATTERS RELATING TO HIS, HER OR ITS ACCOUNT. APP USER EACH UNDERSTANDS THAT HE, SHE OR IT WILL RECEIVE FUTURE SMS OR VOICE ALERTS FOR THE AFOREMENTIONED PURPOSES BY OR ON BEHALF OF Reach-In Now™ TO THE WIRELESS PHONE NUMBER PROVIDED BY APP USER AND, HAVING RECEIVED AND REVIEWED THESE DISCLOSURES, APP USER EACH UNAMBIGUOUSLY AUTHORIZES Reach-In Now™ TO DELIVER OR CAUSE TO BE DELIVERED, AND AGREES TO RECEIVE, SMS AND VOICE ALERTS USING AN AUTOMATIC
- The electronic application process allows App User to sign and agree to legally binding agreements online by providing its Electronic Consent;
- App User intends to use the electronic application process to provide its Electronic Consent;
- App User’s Electronic Consent is legally binding, and is governed by the Electronic Signatures in Global and National Commerce Act of 2000, and/or the Uniform Electronic Transactions Act governances (or an amended version thereof) in its state of residence, and App User agrees to be bound by these governances;
- The individual providing Electronic Consent on behalf of App User is authorized by App User to do so; and
- The Electronic Consent will be binding upon App User, and will not be construed by a court of law to have any less effect than a standard ink or paper signature.
- Reach-In Now™, on the one hand, and any App User, on the other hand, agree first to contact the other to advise of any such Dispute. The party alleging, asserting and/or initiating the Dispute shall contact the other party or parties who is or are alleged to be liable or responsible for such Dispute, and provide a written description of the Dispute, all relevant documents/information and the proposed resolution (the “Claim Notice“). App User, as applicable agrees to contact Reach-In Now™ as contemplated above by calling or writing to: Claims Administrator, Desert Rose Counseling Group LLC 2300 W. Sahara Avenue Suite 800 Las Vegas, NV 89102. The Claims Administrator for Reach-In Now™, on the one hand, and App User, on the other hand, shall then seek in good faith to resolve the Dispute. As part of this process, each party to the Dispute shall provide a monetary amount that, if paid to the party alleging, asserting and/or initiating the Dispute, would settle the Dispute (the “Settlement Amount“). If the parties do not agree to a Settlement Amount, or the parties are otherwise unable to settle the Dispute within thirty (30) days of the date of delivery of the Claim Notice, then the parties shall proceed to arbitration, as set forth below.
- The arbitration shall be governed by the Federal Arbitration Act (the “FAA“), 9 U.S.C. Sections 1-16. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction. Any arbitrator’s decision and award is final and binding, subject only to those exceptions under the FAA. Reach-In Now™ and App User, as applicable, agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.
- Unless Reach-In Now™ and App User, as applicable, agree otherwise, the foregoing arbitration will be conducted by a single neutral arbitrator selected by utilizing the process provided in the AAA’s Commercial Arbitration Rules in effect when Claim Notice is duly filed. The arbitrator shall be a licensed attorney and/or retired judge. Except as otherwise provided below, the arbitration shall be conducted in the county where the principal address of the party against whom the Dispute is initially commenced is located and for any claim against Desert Rose Counseling Group LLC D/B/A Reach-In Now™, that address shall be 2300 W. Sahara Avenue Suite 800 Las Vegas, NV 89102 The arbitrator shall have no authority to award punitive, consequential or other monetary damages not measured by the prevailing party’s actual damages, except as may be required by statute or as otherwise provided below.
- The award of the arbitrator shall be accompanied by a reasoned opinion.
- For Disputes of $10,000.00 or less that are initiated by App User, as applicable.(“Small Disputes”), the following rules shall apply notwithstanding anything to the contrary in the procedures or rules of the AAA:
- The arbitration shall be conducted in accordance with the AAA’s Expedited Procedures.
- The arbitrator shall include a finding as to whether the initiation of such Dispute was frivolous. If it is determined by the arbitrator not to be frivolous, then Reach-In Now™ shall pay the fees and costs assessed by the AAA in administering the arbitration.
- If the arbitrator finds that Reach-In Now™ is liable to App User, as applicable for an amount greater than the Settlement Amount presented by Reach-In Now™ prior to the commencement of arbitration (after all offsets and counterclaims are applied), then Reach-In Now™ shall be required to pay in addition to any award of the arbitrator an amount equal to the greater of (x) $500.00, or (y) the amount of App Users, as applicable, reasonable attorneys’ fees.
- App User, as applicable, may choose to conduct the arbitration in the state of its principal address.
- Reach-In Now™ AND APP USER, AS APPLICABLE,EACH AGREE NOT TO PURSUE ARBITRATION ON A CLASS-WIDE BASIS. ARBITRATION WILL BE CONDUCTED SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The restrictions on disclosure in this section will not apply to Confidential Information: (i) for which there is documentary evidence that: (A) the other party knew it before it was disclosed; (B) the other party developed it without use of the Confidential Information; (C) it is publicly known; or, (D) it was obtained from a third-party, who disclosed it without breaching its confidentiality obligations; (ii) for which disclosure is required by law (provided that if a disclosure is required by law, the disclosing party will give Reach-In Now™ prompt written notice of such requirement, permitting Reach-In Now™ to seek a protective order or take such action it deems necessary, and provided further that in such case the disclosing party will only disclose the limited Confidential Information expressly required to be disclosed).
For the avoidance of doubt, at all times, all Confidential Information is the sole property of Reach-In Now™, even if its disclosure is authorized under this section, and all other restrictions in these Reach-In Now™ Terms and Conditions will continue to apply to such Confidential Information.
Non-Disparagement: App User agrees not to disparage Reach-In Now™ or its respective vendors, and promises to refrain from engaging, directly or indirectly, in any action, communication or conduct negligently, recklessly or intentionally undertaken to damage the name or reputation of Reach-In Now™ or its respective vendors or App Users.