Terms of Service
Thank you for using the AutoReach website at autoreach.io, autoreach.com and/or such other websites as Goat Technologies LLC (“Company” or “we” or “our” or “us”) may offer from time to time (“Sites”) and/or using our service available via such website that, as further described in Section 1 below, allows users (each, a “User”) to gain efficiencies in sales activities by integration with third party services such as Salesforce (such service collectively with the Sites and any other related services the Company offers from time to time, the “Service”). These Terms of Service (“Agreement”) govern your browsing, viewing and other use of the Service. If you are viewing this on your mobile device, you can also view this Agreement via a web browser at autoreach.io/terms.
BEFORE USING THE SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. By CLICKING ON “ACCEPT”, you acknowledge that you have read, understood, and agree to be bound by thIS AGREEMENT, INCLUDING THE PROVISIONS OF SECTION 13 UNDER WHICH YOU AGREE TO ARBITRATE CERTAIN CLAIMS INSTEAD OF GOING TO COURT AND AGREE NOT TO BRING OR PARTICIPATE IN CLASS ACTIONS CLAIMS. If you do not agree to ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN please do not CLICK “ACCEPT,” IN WHICH CASE YOU WILL NOT BE ABLE TO use THE SERVICE.
COMPANY DOES NOT HAVE ANY OBLIGATION TO CONTROL OR MONITOR YOUR INTERACTIONS WITH THIRD PARTIES AS ENABLED BY THE SERVICE. YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF COMPANY, INCLUDING BY INAPPROPRIATELY OR ILLEGALLY USING ANY COMPANY INTELLECTUAL PROPERTY.
IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE REQUISITE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH SUCH ENTITY’S ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH COMPANY IS LIMITED TO BEING A SERVICE USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF COMPANY FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF COMPANY.
Note for Children. The Service is not for persons under the age of 18. If you are under 18 years of age, then please do not use the Services. By clicking the “I Agree” button or by otherwise using or registering an account for the Services, you represent that you are at least 18 years of age.
1. How it Works. The Service integrates Users’ accounts on certain Third-Party Services (as defined in Section 6 below), such as Salesforce, within a User’s Service account. Users can then access contact information and create contact lists from such accounts to place calls and send emails more efficiently, as well as to log and track the results of such contacts. You will require accounts with certain such Third-Party Services to enable this functionality, and all use of such Third-Party Services, including all fees charged in connection therewith, are solely between you and the applicable Operator (as defined in Section 6).
2. Use of the Services; User Data.
2.1 You acknowledge that all communications enabled by the Service are between you and the applicable other User or third party and the Company does not have any obligation or ability to monitor the content of such communications. The Company’s sole obligation with respect to such communications is to, during the term of this Agreement, make available the Service via which such communications are enabled.
2.2 You are solely responsible for your actions and the actions of any of your other employees or agents while using the Services and the contents of any User Data and other information or materials that may be stored or transmitted through your use of the Services. As used herein, “User Data” means any data, information or material provided, submitted, or made available by you to the Service in the course of using the Service. You are solely responsible for ensuring that you comply with all applicable laws, rules and regulations (including, without limitation, all applicable laws governing data privacy, telecommunications, the Telephone Consumer Protection Act of 1991 and any and all laws regarding the transmission of promotional communications and the collection of personal data by or through the Service) when using the Service to assist you in establishing communications with other Users or third parties, and represent and warrant that you have lawfully obtained all applicable contact information and that you have all necessary opt-ins and consents to enable you to contact such Users and/or third parties in compliance with such laws, rules and regulations. You further agree: (a) not to upload or distribute in any way files that contain viruses, corrupted files, or any other software code that may damage the operation of the Service or any other computers or facilities; (b) not to post, promote or transmit through the Services any material that is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) not to transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability; (d) not to interfere with any other customer’s use and enjoyment of the Service or any another person or entity’s use and enjoyment of services provided by Company or any third party; and (e) to comply with all regulations, policies and procedures of networks connected to the Services. You acknowledge that the laws and regulations governing the use of the Service may change from time to time. You acknowledge and agree that Company neither endorses the contents of any of its customers’ communications, nor assumes any responsibility for the time, place, manner, or contents of any such communications or User Data. You further acknowledge and agree that Company has the right, but not the obligation, to implement mechanisms to screen, monitor, modify, and remove any User Data or other content posted or stored on the Services or transmitted through the Services, at any time, which violates this Agreement, without notice. You hereby agree to indemnify, defend and hold Company harmless with respect to any Claims (as defined in Section 13) related to or arising from your breach of this Section 2.2. Without limiting the Company’s other rights to terminate this Agreement or your use of the Service, you acknowledge that the Company may terminate your use of the Service and this Agreement in the event that the Company determines (in its sole discretion) that you have breached any portion of this Section 2.2.
2.3 Company reserves the right to establish, and to update and otherwise modify, limitations upon the use of the Service from time to time upon written notice to you. You will be responsible for maintaining an archive or back-up copy of all User Data and Company will have no liability for any loss of User Data.
3. Representations and Warranties. You represent, warrant and covenant that, in connection with this Agreement or the Service, you will not and will not attempt to: (i) violate any laws, third party rights or our other policies; (ii) re-join or attempt to use the Service if the Company has banned or suspended you; (iii) defraud the Company, another User or any third party; or (vi) use another User’s account or allow another person to use your User account. Any illegal activities undertaken in connection with the Service may be referred to the authorities.
4. Ownership; Proprietary Rights.
4.1 As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service, all content available in connection therewith and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”). Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, algorithm or programs underlying the Company Materials. The Company reserves the right to modify or discontinue the Service or any version(s) thereof at any time in its sole discretion, with or without notice.
4.2 You shall retain all of your ownership rights in your User Data. You hereby grant the Company a non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to reproduce, use, modify and prepare derivative works of, distribute, perform, display, transmit and otherwise use your User Data for purposes of providing the Service and for troubleshooting and improving the Service. User Data you submit to Third-Party Services (as defined in Section 6) through the Service or to the Service via such Third Party Services is subject to the terms and conditions of the applicable Third-Party Service. You hereby represent and warrant that you have the right to grant the foregoing license to Company and to use your User Data as contemplated by this Agreement.
5. Third Party Sites. The Service may include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties. You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third party sites and services, products or services made available through them, or your use of or interaction with them.
6. Third-Party Services. The Service may include features or functionality that interoperate with online services operated by third parties, including, without limitation Salesforce and Talkdesk (such services, “Third-Party Services”), pursuant to agreements between Company and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Company does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. Company shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Service in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service. Also, use of certain features of the Service may require usage of data and services provided by your wireless service carrier. You acknowledge and agree that as between you and Company you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Service.
7. Prohibited Uses. As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service. You agree not to scrape or otherwise use automated means to access or gather information from the Service, and agree not to bypass any robot exclusion measures we may put into place. You agree not to (a) rent, lease, distribute, sell, resell, assign, or otherwise purport to transfer rights to the Service or any Company Materials; (b) use the Service or any Company Materials for timesharing or service bureau purposes or otherwise for the benefit of any third party; or (c) publish or disclose to third parties any evaluation of the Service or any Company Materials without our prior written consent. In addition, you agree not to use false or misleading information in connection with your User account, and acknowledge that we reserve the right to disable any User account with a profile which we believe (in our sole discretion) is false or misleading (including a profile that impersonates a third party).
8. Additional Terms. When you use certain features or materials on the Service, or participate in a particular promotion, event or contest through the Service, such use or participation may be subject to additional terms and conditions posted on the Service. Such additional terms and conditions are hereby incorporated within this Agreement, and you agree to comply with such additional terms and conditions with respect to such use or participation.
9. Termination. You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Service account by contacting us at [email protected] You agree that the Company, in its sole discretion and for any or no reason, may terminate this Agreement, your account or your use of the Service, at any time and without notice. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that the Company shall not be liable to you or any third-party for any such termination. Sections 2.2, 3, 4, 6, 7, and 9 through 15 will survive any termination of this Agreement.
10. Disclaimers; No Warranties. THE SERVICE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY STORED CUSTOMER DATA WILL BE SECURE, COMPLETE, TIMELY, ACCURATE OR RELIABLE OR THAT THE SERVICE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. Indemnification. You agree to indemnify and hold the Company and its affiliated companies, and each of their officers, directors and employees, harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to the User Data, your use or misuse of the Service, breach of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence. The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
12. Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT ARISE OUT OF OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, LOSS OF USER DATA, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF THE COMPANY OR A COMPANY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SERVICE PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED ONE HUNDRED U.S. DOLLARS.
13.1 Agreement to Arbitrate. This Section 13 is referred to herein as the “Arbitration Agreement.” The parties that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies and other than claims for injunctive or other equitable relief). The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
13.2 Class Action Waiver. THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
13.3 Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA“) rules and procedures (the “AAA Rules“), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 12. You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.
13.4 Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
13.5 Governing Law. The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users, but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
13.6 Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA’s Rules. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
13.7 Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
13.8 Severability. If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
14. Publicity. Company may use your name and logo as part of a list of customers and may refer to you as a user of its Service in its advertising and marketing activities. You may not use our name, logos, or other trademarks for any marketing or promotional purposes without our express prior written permission.
15. Miscellaneous. The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time. Changes will be effective: (i) thirty (30) days after the Company provides notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. Under this Agreement, you consent to receive communications from the Company electronically. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to arbitration under Section 13 shall be filed only in the state or federal courts in California (or a small claims court of competent jurisdiction) and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, either party may petition any court of competent jurisdiction for injunctive or other equitable relief. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
16. More Information; Complaints. The services hereunder are offered by Goat Technologies LLC, email: [email protected], telephone: 1-415-964-034, address: 2610 Greenwich Street, San Francisco CA 94123. If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.