Please read these Terms of Service ("Terms") carefully. These Terms constitute a legal agreement between you and HONGKONG GENESIS TECHNOLOGY CO., LIMITED ("Reachael," "we," "us," or "our"). This document contains important information about your rights and obligations, as well as conditions, limitations, and exclusions that apply.

These Terms apply to your use of our websites (including but not limited to www.reachael.com), our mobile application (the "Reachael App"), and any other digital platforms we own, control, or operate (collectively, the "Sites"), as well as Reachael products, other services (including any subscription services like PLUS menber), and any other goods, subscription services, or assets we provide from time to time (collectively, the "Products and/or Services"). By placing an order for Products or Services on our Sites, or by registering a Product, you affirm that you are of legal age and agree to be bound by this agreement. If you do not agree to any part of these Terms, please do not access or use our Sites or any information contained therein. Your use of the Sites, or your clicking "I Agree" when registering for a Product or Service, signifies your agreement to comply with these Terms. Reachael reserves the right to modify the content of the Sites and the Services offered, and may adjust these Terms at any time by updating the Terms of Use on the Site.

You may not order or obtain any goods/services from our Sites or from us if (A) you do not agree to these Terms, (B) you are not (i) at least 18 years of age or (ii) possess the legal capacity to form a binding contract with us, or (C) you are prohibited from accessing/using our Sites, Products, and/or Services under applicable laws. Your use of our Sites and Products is unique and personal to you and shall not be used for any commercial purpose.

This agreement contains a mandatory arbitration provision, which requires that disputes be resolved through individual arbitration rather than by a jury trial, any other court proceeding, class action, or any type of class arbitration.

1. Order Acceptance and Cancellation

You acknowledge that your order constitutes an offer to purchase all products and services listed, subject to these Terms. All orders must be accepted by us before we are obligated to sell the relevant Products or Services to you. We may, at our sole discretion, decline to accept an order even after we have sent you a confirmation email with an order number and item details.

2. Prices and Payment Terms

Prices for all goods on our Sites are subject to change without notice. The price displayed for goods or services at the time you place your order is the current price, and the specific amount will be detailed on the order confirmation page. Price changes apply only to subsequently submitted orders; goods from previously placed orders will be settled at the original price. Please note: listed prices exclude taxes and shipping costs, which will be added to the total order amount and listed separately in the shopping cart and order confirmation email. We are not responsible for any pricing, typographical, or other errors and reserve the right to cancel related orders.

Our Sites offer Products and/or Services for purchase. Payment terms are at our sole discretion, and payment must be received before order confirmation. We may require you to purchase a subscription to access specific features of the Products and/or Services (a "Premium Membership"). When you purchase a Product, Premium Membership, or other service (collectively, a "Transaction"), you expressly authorize Reachael (or its third-party payment processor) to charge you the applicable fees.

We accept credit cards and other payment methods (see checkout page for details). Reachael may require you to provide supplementary information related to the Transaction, including credit card number, expiration date, email for billing and notifications, and mailing address (such information, collectively, "Payment Information"). You declare and warrant that: (i) the information submitted is true, accurate, and complete; (ii) you are legally authorized to use the payment method; (iii) the payment company will process the charges; and (iv) you will pay the applicable fees (including all applicable taxes). You acknowledge and agree that we are not responsible for any acts or omissions of the payment service provider. By initiating a Transaction, you authorize us to provide your Payment Information to third parties to complete the Transaction and to charge your payment method the applicable amount (including taxes and other surcharges). You may need to provide identity verification information (included in the definition of Payment Information) before completing a Transaction.

3. Shipment; Delivery; Title and Risk of Loss

We will arrange for the shipment of Products to you. You will pay all shipping and handling charges specified during the ordering process.

Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and are not guaranteed. We are not liable for any delays in shipment.

4. Registration

When you register your Product or Service, you will be asked to create your personal profile. Other parts of the Sites may also offer you the opportunity to create a profile. Your profile includes, but is not limited to, personal information such as your username, email, and basic information you wish to disclose about yourself.

5. General Use Restrictions 

Materials. Certain information, documents, materials, and services provided through the Sites, Products, and/or Services (including but not limited to content, logos, graphics, and images, collectively, the "Materials"), are provided for your use and constitute works protected by copyright and/or trademark law. Materials do not include Your Content (defined below). Materials may contain third-party content (defined below), and the limitations and restrictions in these Terms apply to all Materials, whether provided by Reachael or a third party.

License Grant. Reachael grants you a limited, personal, non-exclusive, non-transferable license to use the Materials solely for personal use. You acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, or otherwise exploit the Materials in any way, except for personal use as part of the Products and/or Services. This limited license terminates automatically without notice if you breach any of these Terms. Upon termination, you agree to immediately destroy all downloaded or printed Materials. Except as provided herein, you acknowledge that you have no right, title, or interest in or to the Sites, any Materials, or the Products and/or Services.

Restrictions. You are responsible for accessing and using the Products and/or Services. Reachael reserves the right to audit usage. You must ensure the security and confidentiality of all login credentials (including usernames and passwords) created or assigned to you for accessing or using the Products and/or Services ("Credentials"). You are fully responsible for all activities that occur under your Credentials and must notify Reachael immediately upon discovering any unauthorized access or use. You will cooperate fully with Reachael in taking necessary steps to prevent such violations.

Usage Restrictions. You agree not to misuse the Products and/or Services. For example, you must not, and must not attempt to, use the Products and/or Services to: (i) probe, scan, or test the vulnerability of any system or network; (ii) breach or circumvent any security measures; (iii) access, tamper with, or use non-public areas of the Products and/or Services (including Reachael's or its service providers' computer systems); (iv) interfere with or disrupt users, hosts, or networks, e.g., by sending viruses, overloading, flooding, spamming, or mail-bombing; (v) plant malware or use the Products and/or Services to distribute malware; (vi) access or search the Products and/or Services through non-official supported interfaces ("scraping"); (vii) send unsolicited communications, promotions, or spam; (viii) send altered, deceptive, or false source-identifying information (including "spoofing" or "phishing"); (ix) publish anything fraudulent, misleading, or that infringes on others' rights; (x) promote or advertise third-party products and/or services without authorization; (xi) impersonate or misrepresent your affiliation with any person or entity; (xii) publish or share illegal pornography, obscene material, or material that promotes prejudice, religious, racial, or ethnic hatred; (xiii) violate any law, infringe upon others' privacy rights, or defame others; or (xiv) modify, edit, copy, reproduce, create derivative works, reverse engineer, alter, enhance, or exploit any software or hardware in any way.

6. Privacy Policy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data related to your purchase of Products and/or Services and interaction with the Sites, as well as personal information collected through other means, including contacting customer service or interacting with us through our advertising channels.

7. Your Content

As between you and us, you retain all rights (including all intellectual property rights) in and to all data, information, or materials you provide to Reachael through access to or use of the Products and/or Services (collectively, "Your Content"). You grant Reachael a perpetual, irrevocable, non-exclusive, worldwide, royalty-free license to use, copy, distribute, publish, and publicly display such content, and the right to modify, adapt, translate, create derivative works from, or incorporate such content into any other form, media, or technology (whether now known or later developed), solely for the purpose of providing the Products and/or Services to you and fulfilling Reachael's obligations under this agreement. You represent and warrant that you or your affiliated parties (if applicable) possess all necessary rights, title, and interest to provide all content to us and third-party providers for the uses described in these Terms. This includes Reachael's right to provide, transfer, and/or sublicense relevant content to any of its affiliates or service providers, but only to the extent necessary to provide the Products and/or Services and fulfill obligations under this agreement.

For clarity, any media you share with Reachael pursuant to the foregoing, including derivative works, shall not be used for marketing or other purposes unrelated to your use of the Products and/or Services without your explicit permission.

You agree that neither you nor affiliated parties will upload, post, or otherwise provide materials protected by copyright, trademark, or other proprietary rights through any Product or Service without the express permission of the owner of such rights. The responsibility for determining whether Your Content is protected by such rights rests entirely with you. You will be solely liable for any damages resulting from any infringement of copyrights, trademark rights, proprietary rights, or other harms arising from the content you provide. You represent and warrant that: (i) you own all content or have obtained the necessary rights to provide it to Reachael through the Products/Services/Sites(s); and (ii) the content provided through the Products/Services will not infringe upon the privacy rights, publicity rights, trademark rights, copyrights, contractual rights, or other rights of any individual or entity. You agree to pay all royalties, fees, damages, and other sums arising from any content provided by you, affiliated parties, or Reachael and third-party providers related to Your Content.

8. Modifications and Updates to Products and/or Services

The Products and Services are primarily intended for the digital display of Your Content on Reachael products. Reachael reserves the right to make enhancements or other modifications to the Products (including via software updates) and/or Services at any time, provided they do not materially impair their overall functionality. Reachael may allow or require you to download updates or patches to your Reachael products. Certain updates may be necessary to continue using Reachael Products and Services. You agree that Reachael may automatically install available updates applicable to Reachael Products and Services. Failure to install available updates may result in the Reachael Products and/or Services not functioning properly.

9. Service Suspension

Reachael may temporarily suspend access to the Services (in whole or in part) in circumstances including: (i) performing maintenance and/or updates to the Services (whether planned or not); (ii) perceived or actual security threats or malicious use of the Services; (iii) compliance with applicable laws or requirements of internet/telecommunications network service providers (if applicable) on which Reachael relies to provide the Services; (iv) addressing, correcting, or preventing your breach of this agreement; (v) making commercially reasonable efforts to minimize interruption and restore service promptly, except where suspension is due to your breach and failure to take necessary remedial action.

10. Third-Party Providers

Certain information and other content appearing in the Products and/or Services may be materials provided by third-party licensors, users, or suppliers (hereinafter, "Third-Party Content"). Note that Third-Party Content does not include Your Content. You acknowledge and agree that, under these Terms, you have no right to download, cache, copy, modify, display, edit, alter, or enhance any Third-Party Content in any way unless authorized by the owner of such Third-Party Content. Third-Party Content is provided "AS IS" without any representations or warranties.

Third parties may also provide services used by Reachael in providing the Products and/or Services and Sites to you. For example, these third parties may ensure that any photos sent to you by affiliated parties are not suspicious or pornographic. Reachael provides access to these third-party services "AS IS," without any representations or warranties.

You may receive content from third parties (e.g., your friends and family) by providing them with your Reachael account email or by connecting one or more of your accounts with the Products or Services. Such third parties are your "Affiliated Parties."

11. Subscriptions

Subscription Fees. If you purchase a subscription service (e.g., "Reachael Plus" membership, hereinafter "Subscription Service"), you will pay the subscription fee at the start of the subscription and at the beginning of each subsequent billing cycle (monthly, quarterly, or annually as selected), plus applicable taxes and other charges (collectively, "Subscription Fees"). Reachael (or its third-party payment processor) will automatically charge your provided Payment Information until you cancel the subscription. If you have an active Subscription Service, we will send a reminder notice including the current Subscription Fee amount three (3) days before each renewal. We reserve the right to adjust the pricing for Subscription Services. We may, at our sole discretion, offer a free trial period for Subscription Services, the terms and duration of which will be specified at the time of offer; note that even if offered at zero cost, a valid payment method may be required to access the trial.

Account Cancellation. You may terminate the service at any time by contacting the support team at support@reachael.com and selecting or entering "Cancel Subscription." Reachael will refund the unused portion of any prepaid Subscription Fees on a pro-rata monthly basis. You are responsible for all Subscription Fees (including applicable taxes and other charges) incurred prior to receiving such written cancellation notice. You may also directly deactivate or delete your Reachael account, which will simultaneously erase your data records. To avoid data loss, it is recommended that you export relevant data before cancellation.

12. Feedback; Beta Features; Statistics

During the term of this agreement, you may provide Reachael with feedback related to the use of the Products, Services, Sites(s), or any other Reachael products and services, including but not limited to oral or written feedback or reports of any errors you discover. User Content is expressly excluded from Feedback. Any reports, materials, information, ideas, concepts, feedback, and know-how you provide concerning the Products, Services, Sites, or any other Reachael products and services, as well as any such materials automatically reported to Reachael through the Products and Services (collectively, "Feedback"), shall be the property of Reachael. You assign to Reachael all worldwide rights, title, and interest in and to the Feedback and related intellectual property rights and agree to assist Reachael, at Reachael's expense, in perfecting and enforcing such rights.

We may make certain features, products, or services available to you that are not yet publicly available, including but not limited to those labeled "Beta," "Preview," "Pre-release," "Experimental," or similar designations (collectively, "Beta Features"). Use of Beta Features may be subject to additional terms and conditions, and your use constitutes acceptance of those terms. Beta Features are provided "AS IS" without any representations, warranties, or liability. We may discontinue providing Beta Features to you at any time and may solicit feedback regarding your use of them. Notwithstanding anything to the contrary herein, if access to or use of any Beta Feature is suspended or terminated for any reason, you will have no further right to access or use such feature, and any data or content you have in the Beta service may be deleted or become inaccessible. Notwithstanding any provision herein to the contrary, Reachael may use Statistics for modifying, enhancing, and improving the Products and/or Services, and for promoting Reachael itself, related Products and/or Services, and future potential products or services, provided such use cannot reasonably be identified as being based solely on your aggregated information. "Statistics" herein means anonymized data (expressly excluding personally identifiable information) collected through the operation of the Sites and Products/Services, which data is obtained by Reachael.

13. Links to Third-Party Websites 

The Sites may contain hyperlinks to websites not controlled by Reachael. You acknowledge and agree that Reachael is not responsible for the content or use of such websites, including but not limited to making no warranties regarding the accuracy or reliability of any information, data, opinions, advice, or statements posted on those sites. You further understand that such third-party websites and third-party products and/or services are governed by independent terms of use, privacy policies, and related agreements, which you agree to comply with. Any transactions you conduct with other entities promoted through the Products and/or Services (including payment and delivery of related goods or products, and any other terms, conditions, warranties, or representations associated with such transactions) are solely between you and that entity. You agree that Reachael shall not be liable for any loss or damage of any sort incurred as a result of such transactions or the promotion of such third-party entities through the Products and/or Services.

14. Indemnification

Your use of the Products and/or Services, Third-Party Content, or violation of this agreement and related terms may constitute unlawful activity. You agree to defend, indemnify, and hold harmless Reachael, its officers, directors, employees, affiliates, agents, licensors, and business partners from and against all costs (including attorneys' fees and defense costs), arising from any claims or demands made by any third party due to or arising out of Your Content and/or your use of the Products and/or Services, Third-Party Content, or any use of your username and/or password. If relevant activities violate applicable laws and regulations, or third-party copyrights, trademarks, or other rights, Reachael has the right to report such illegal activities to law enforcement and cooperate with investigations. As required by law or at its discretion, Reachael will assist law enforcement agencies in investigating suspected illegal activities on the Sites, Products and/or Services, or on the internet.

15. Proprietary Rights

Nothing in this agreement or any of its terms shall operate to assign any intellectual property rights of Reachael (including but not limited to the Products, Services, or Sites) and all rights, title, and interest in and to the foregoing, along with any other technology of Reachael protected by law, such as methods, processes, systems, operations, networks, or customer support methods or techniques, from Reachael to you.

16. Termination

Although we hope you continue using our services, you may stop using our Products and/or Services at any time, Additionally, we reserve the right to suspend or terminate access to the Products and/or Services at any time, with or without cause or notice. For example, we may suspend or terminate your access if you violate these Terms or use the services in a manner that could create legal liability or hinder others' use of the Products and/or Services. When suspending or terminating access, we will try to provide advance notice and assist with data recovery where feasible, but we may act immediately in certain circumstances (e.g., repeated or egregious violation of the Terms, receipt of a court order, or posing a threat to other users).

17. Warranty Disclaimer

REACHAEL WARRANTY. Reachael provides a limited warranty(ies) for its physical product(s) and/or included software, if provided, which will be contained in the packaging of the physical product. Such warranties are valid only for the original purchaser.

Refund and Replacement Policy as Limited Remedy. If you are dissatisfied with a Product or experience technical issues, our sole solution is to offer a replacement or full refund within 120 days of purchase. If you choose a refund, the item must be returned within 30 days of receiving the return authorization. The customer service team will provide a prepaid shipping label to avoid additional costs to you. After 120 days, we will decide on a case-by-case basis whether to replace the item or process a refund.

DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHICH CANNOT BE FULLY EXCLUDED) ARE LIMITED IN DURATION TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, STATEMENTS, AND WARRANTIES (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF NON-INFRINGEMENT) ARE EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION, BUT THESE TERMS SHALL NOT MODIFY SUCH RIGHTS WHERE PROHIBITED BY APPLICABLE LAW.

Service Disclaimer. Reachael will use commercially reasonable efforts to remedy any defects found in the Services. HOWEVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR CONTENT PROVIDED BY USERS OR THEIR CONDUCT, AND YOU BEAR ALL RISKS ASSOCIATED WITH USING THE SERVICES AND INTERACTING WITH OTHER USERS. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES REGARDING THE CONTINUOUS AVAILABILITY, FREEDOM FROM ERRORS, VIRUSES, OR DEFECTS, OR THE CORRECTION OF DEFECTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST USE, OR THE MINIMUM PERIOD REQUIRED BY LAW.

Third-Party Content and Affiliated Party Content Disclaimer. REACHAEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO ANY THIRD-PARTY CONTENT AND ANY CONTENT PROVIDED BY AFFILIATED PARTIES, ALL OF WHICH ARE PROVIDED "AS IS." YOU ACCEPT ALL RISKS ASSOCIATED WITH SUCH CONTENT.

18. Limitation of Liability

Consequential Damages and Liability Cap. EXCEPT AS REQUIRED BY APPLICABLE LAW, REACHAEL SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, COST OF SUBSTITUTE GOODS OR PRODUCTS, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PRODUCTS/SERVICES—REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS OR FROM YOUR USE OF THE PRODUCTS/SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO REACHAEL FOR THE PRODUCT GIVING RISE TO THE CLAIM; (B) THE AMOUNT YOU PAID TO REACHAEL FOR THE REACHAEL PLUS MEMBERSHIP GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM ARISING; OR (C) ONE HUNDRED FIFTY-NINE US DOLLARS (US$159.00).

Allocation of Risk. The provisions of this agreement allocate the risks between the parties and are an essential element of the bargain between the parties. The fees provided for in this agreement reflect this allocation of risk and limitation of liability, which shall apply notwithstanding the failure of the essential purpose of any limited remedy and to the maximum extent permitted by law.

19. No Resale or Export of Goods.

You represent and warrant that you are purchasing the Products and/or Services for personal or household use only and not for resale or export.

20. Dispute Resolution and Binding Arbitration.

YOU AND REACHAEL AGREE TO WAIVE THE RIGHT TO ASSERT CLAIMS IN COURT, TO A JURY TRIAL, OR TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS. RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR APPEAL, MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE, OR CONTROVERSY BETWEEN YOU AND US ARISING FROM OR RELATING TO THE PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITES (WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND WHETHER THE CLAIMS ARISE DURING OR AFTER THE TERMINATION OF THESE TERMS) SHALL BE FINALLY RESOLVED BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules ("AAA Rules") in effect at the time, except as modified by this Section 20. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this clause.

The arbitrator will have exclusive authority to resolve any dispute relating to the arbitrability and/or enforce ability of this arbitration clause, including any challenge to the clause based on unconscionability, and any challenge that the clause is void, voidable, or otherwise invalid. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award (whether for one party or multiple parties) shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If the arbitrator awards on any claim and awards attorneys' fees to a prevailing party under applicable law, the arbitrator may award you your reasonable fees.

You agree to arbitrate on an individual basis. In any dispute, NEITHER YOU NOR REACHAEL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

Reachael Customer Service Address:

HONGKONG GENESIS TECHNOLOGY CO., LIMITED ATTN: LEGAL/ARBITRATION FLAT/RM 02 16/F LUCKY CENTRE NO. 165-171 WAN CHAI ROAD, WANCHAI, HK 571042 HONG KONG
support@reachael.com

21. Force Majeure

A party shall not be liable to the other for any failure or delay in performance under this agreement due to a Force Majeure Event (including but not limited to acts of God, fire, accidents, floods, war, labor disputes, government actions, interruption of public services, failure of the internet or any network/telecommunication facilities, power outages, or infrastructure failures, and providers of any of the foregoing, but expressly excluding lack of funds or resources). The affected party shall promptly notify the other party of such circumstances. If performance is prevented, interfered with, delayed, or cannot be completed for more than ninety (90) days, the unaffected party may terminate this agreement immediately by written notice.

22. General

These Terms constitute the entire and exclusive agreement between you and Reachael regarding the Products and/or Services and supersede and replace any other agreements, terms, and conditions applicable to such Products and/or Services. These Terms do not confer any third-party beneficiary rights. Reachael's failure to enforce a provision is not a waiver of its right to do so later. If any provision is found unenforceable, the remaining provisions of the agreement will remain in full effect, and an enforceable term that comes closest to reflecting our intention will be substituted. You may not assign any rights under these Terms, and any such attempt is void; however, Reachael may assign its rights to its affiliates or subsidiaries, or to a successor in interest related to the Products and/or Services. Reachael and you are not legal partners or agents; the relationship is that of independent contractors. The Sites are operated from within the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

23. Electronic Communications

Communications transmitted via the Sites constitute electronic communications. When you communicate with Reachael through the Sites or other electronic media, such as email, you are communicating with Reachael electronically. You consent to receive electronic communications from Reachael and its partners (providing Products or Services as applicable) by email and through notices posted on the Sites for your review. Such electronic communications, as well as notices, disclosures, agreements, and other communications we provide to you electronically, satisfy any legal requirement that such communication be in writing and have the same legal force and effect as a written document signed by Reachael. Notices and communications to Reachael must be sent to the address specified in these Terms or to support@reachael.com

24. Notice for California Users

Under California Civil Code Section 1789.3, users of the Sites from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs