Welcome to Author Reach,
We are excited to have you here. There are some important terms that you need to be made aware of to be a part of this Author community. We ask that you read through these terms carefully and make sure you have an understanding of them before becoming a member of our service. Author Reach (“Author Reach”, AR, the “Software” or the “Service”) is an email service offered through the URL https://authorreach.com/ that allows you to create, send, and manage email newsletters (each message is called an “Email”) to individual recipients. The software also allows you to have access to easy tools to grow your email subscriber base. Author Reach is owned by Telling Ministries LLC, an Illinois Limited Liability company. As a customer of Author Reach’s services or a representative of an entity that’s a customer of the Service, you’re referred to as a “Member”, “Client” or “Author” according to this agreement.
The terms of
using our service. These full terms will decide the rules for being a member of
Author Reach along with how we will handle situations while you are an active
paying member with us. If you have any questions at all, please contact us and we will do our best to answer them for you.
1. Eligible Members
Requirements to be a “Member” of Author Reach
Our platform is for Authors only and anyone seeking membership will be required
to have a one on one phone conversation and provide proof that they are an
Age- Must be 18 years old and legally capable of
entering into contracts
You must agree to all of Author Reach terms and conditions including
additional pages linked to above.
Information/Registration- You must complete the registration process which
includes a 1 on 1 phone conversation. The contact information and address you
list on your account must be up to date, complete and accurate.
Use- All Members must affirm that
they are using Author Reach in a legal manner that does not violate any laws or
Author Reach may change eligibility terms at any time. Author Reach reserves the right to terminate any members account for any reason at any time.
2. Length of Service (Term)
Your term starts with Author Reach at the time you enter a User Name and password and accept our terms and conditions. The required 1 on 1 call will take place as soon as the Author and a member of Author Reach is able to reach a mutually acceptable time. You will only have limited access to features on Author Reach until this call/interview takes place. If you are signing up on behalf of an Author, you represent and warrant that you have authority to do so and you agree to the terms set forth here on their behalf.
3. Closing of Your Account
Author Reach may close or terminate your account with or without cause by giving notice. You may cancel your service with Author Reach at any time also. Author Reach will look at each situation and may reimburse some of those accounts that were terminated if there was no cause. If an Author/Member closes their account before the length of term they have pre-paid for they will not receive any type of refund. A purchase of a designated period of time (month or year) is considered final at the time of purchase. We will allow Authors/Members a period of time to grab their data after their accounts are closed. This period of time is determined by the reason the account was terminated and will be communicated to the member at the time of the account closing. The time allowed to do this will be no less than 7 days.
4. Password and Account Dispute Issues
Each member is responsible for keeping their account password details to themselves. Author Reach is not responsible for any losses or issues to your account related to hacked passwords. If an issue arises that multiple people are in dispute about who owns an account or the email subscribers on an Author Reach account, Author Reach will not get involved. Author Reach reserves the right of terminating the account and allowing the disputed ownership of the email subscribers to take place outside of our services. Each Author and/or Publisher that becomes a Member will need to have their own contract or agreement in place with another party of a joint relationship over an account occurs.
5. Services and Fees
Client (sometimes referenced herein as “Author”) hereby subscribes to and engages Author Reach to provide online marketing services and tools for Author and its work, including a maximum number of disk storage space for Author’s use on the Author Reach site, which storage space restriction is subject to change from time to time in Author Reach’s sole and absolute discretion. In exchange for Author Reach’s services, Client agrees to pay Author Reach its fees, as defined herein, and Client agrees to abide by Author Reach’s “General Terms and Conditions of Service,” as is set forth in detail herein and as my be amended from time to time by Author Reach in its sole and absolute discretion. Author Reach reserves the right in its sole and absolute discretion to from time to time offer discounts from its standard fee rates for selected Clients meeting the conditions applicable to said discount.
6. Changes To Terms & Conditions
If Author Reach changes its terms in a significant way, we will notify you by email of the changes and add a note into the Author’s Dashboard on the website. The current Author/Member has 10 days to close their account before any new terms go into effect. If an Author/Member does not respond or close their account the new terms become effective.
7. Monthly Plans and Pricing
The Cost of
a monthly plan with Author Reach is listed on our pricing page. Our monthly plans are pre-paid and for you to have access
to the services you will need to pre-pay for your next month. Each month on
your pay date or as close as possible for pay dates that fall on days that not
every month has (Example the 7th of each month if the 7th
was your first pay day) we will recharge your credit card on file for the
following month. If you reach a new pricing level during the month you will not
be charged an additional amount until your next month’s renewal at which time
the tier pricing you are now at will be charged. This should not be abused
according to our Acceptable Use Policy or an author/member subjects
themselves to having their account suspended or terminated.
8. Payment Terms
Payment is due immediately upon subscription and invoice, and shall be due on a monthly basis thereafter, or such other routine billing cycle as may be agreed by the parties in writing. Client hereby authorizes such payments to be charged and made by automatic withdrawal from a United States bank or credit institution, such as a credit card, including any past due balances, accrued penalties or late charges, to bring Client’s account current. If payment is by credit card, the Client authorizes Author Reach to charge the credit card listed on the subscription form for those charges for Author Reach services that may accrue from month to month, or for any past-due balances, in order to bring the account to current status. Credit card payments will be billed and charged automatically, and Author Reach may charge the amount due to the provided card at any time. Client agrees to maintain a current, non-expired credit card on file with Author Reach for billing purposes.
Any prepaid plan will not be entitled to a refund under any circumstance other than something Author Reach deems as fair and reasonable. It is Author Reach’s sole discretion to determine any refund amount. You as an Author/Member agree and understand that any prepaid amount will not be returned typically. When you purchase a month or more in prepaid status that purchase will entitle you to use of the Author Reach system for the time frame prepaid. If you choose not to use the Author Reach system, that is not a valid reason for a refund.
Client’s account shall be in default if payment is not made when due. However, Author Reach will allow client a 10 day grace period; after the expiration of the grace period, the account will be suspended and access denied until paid current. Any payment returned for insufficient funds, declined, or otherwise dishonored by Client and its bank/credit institution, shall be deemed in default immediately, and Client shall be responsible for all costs, charges, and attorneys’ fees incurred by Author Reach to collect payment on same.
11. Author Reach Remedies
In addition to the foregoing, in the event of a default by Client, Author Reach shall have the right to suspend or terminate Client’s service and subscription, or to take down any book, post, or other material of Client. Client expressly agrees that in the event of default, Author Reach would have inadequate remedy available at law, and therefore shall be entitled to injunctive relief against Client, without bond.
12. Author/Member Remedies, Limitation of Liability
In the event of a default by Author Reach, the parties agree that the Client’s damages shall be limited to the fees paid to Author Reach pursuant to this Agreement, and that Client shall not be entitled to any further, incidental or consequential damages. The Author/Member assumes all responsibility for any loses or damages caused by the use of our software and services. Author Reach will not be held liable for anything more than the fees paid to use Author Reach’s service no matter what the circumstance may be including any negligence on Author Reach’s half. All Author Reach employees, owners, investors and independent contractors will be protected by this portion of the agreement also based on the above language and terms.
13. Billing and Pricing Changes
Author Reach may change their pricing at any time and for any reason. We will change the terms and notify the authors 30 days before any price change goes into place. Any prepaid service for an Author or Member will not change until the next billing cycle. The notifications will be made on the website (Author’s dashboard) and through an email sent to every Member.
14. Credit Cards
A valid Credit Card is the only form of payment Author Reach will accept from Members. Each member must have a valid Credit Card with us. Each Member/Author authorizes Author Reach to charge the monthly membership fees against the credit card on file every month or billing cycle. If a credit card expires, a new and valid credit card will need to be added to the file to prevent any interruptions in the use of services. Anyone using a credit card represents and warrants that they are authorized to use that credit card that they provide on their account. If we’re unable to process your credit card order, we’ll try to contact you by email, phone or chat and suspend your account until your payment can be processed with a valid credit card.
15. Additional Services
Author Reach from time to time will offer Ad-On’s or additional services that are not a part of the standard priced Author Reach software and services. These ad-on’s will be clearly marked as additions for an extra cost and will usually involve some sort of featured spot or additional marketing to readers that come to the Author Reach site. These ad-on’s will be one time fees, paid for in advance by an author choosing to purchase that service. Author Reach may or may not add additional terms and restrictions to these purchases. Whether or not an Author or Members chooses to purchase an Ad-On will in no way effect access to the services they have already available on Author Reach.
16. Warranties of Author/Client
Client hereby warrants and covenants to Author Reach:
a. Use all Author Reach services for lawful purposes only. Transmission or storage of any information, data or material in violation of any United States Federal, State, or local government law, regulation, or ordinance is expressly prohibited. This includes but is not limited to, copyrighted or trademarked material, material legally determined to be threatening or obscene, or material protected by trade secret or other statute.
b. Author expressly represents that it has legal right to the books, images, and other works it references in Author Reach.
c. Author agrees to not transmit on or through Author Reach any sexually explicit or otherwise inappropriate images or material in Author Reach, including but not limited to images of drug use or nudity, any material that is in Author Reach’s sole discretion threatening, abusive, libelous, hateful, that encourages conduct that would constitute a criminal offense or give rise to civil liability, or any material that potentially jeopardizes the goals of Author Reach.
d. Author agrees to not engage in bandwidth abuse/throttling. Any files uploaded to Author Reach are only allowed to be used in emails sent through Author Reach or on the author’s profile pages on Author Reach. Client shall be responsible for all damages, costs, charges, and attorneys’ fees incurred by Author Reach as a result of a breach of this provision, and Client expressly agrees that the rate of $50/hour is a reasonable and customary fee for website, server, or other information technology work necessary to restore Author Reach due in in whole or in part to Client’s breach.
e. To not spam or send unsolicited email using an email address, URL that is maintained on Author Reach, or directing traffic to a webpage that contains any reference to Author Reach. Importing leads from an outside source, whether purchased or given to you, or attempting to engage subscribers by auto-script batching, is considered spamming and is expressly prohibited. Author agrees to only seek out and accept subscribers who have specifically contacted you or agreed to so subscribe. Client shall be responsible for all damages, costs, charges, and attorneys’ fees incurred by Author Reach as a result of a breach of this provision, and Client expressly agrees that the rate of $50/hour is a reasonable and customary fee for website, server, or other information technology work necessary to restore Author Reach due in in whole or in part to Client’s breach.
f. Authors will take any actions necessary to abide by the terms of this agreement. This may include documentation when it applies.
Please read through them.
18. Acceptable Use & Required Practices
Author Reach will not be responsible for the behavior of any advertisers, partners or other Author/Members actions. This includes any websites or services that Author Reach recommends or links to for Authors.
20. Emails, Recommendations & Affiliate Links Sent by Author Reach
Author Reach will contact Authors/Members both present and past by email with updates about our software or service, recommendations, education, or links to other services. These links to other services may be Affiliate links and such Author Reach may or may not be receiving compensation from the services it recommends. Author Reach will not be liable for the results or experiences with any products that are recommended. Author Reach also will not be liable for education and recommendations that do not lead to success for Authors. Author Reach will do its best to recommend based on experience but an Author/Member acknowledges they are to use any advice or recommendations at their own risk. Author Reach may continue to contact Authors by email that used its service in the past unless that Author notifies or unsubscribes to the email list. In compliance with the FTC guidelines, please assume the following about all links, posts, photos and other material on Author Reach and through emails: Any/all of the links on Author Reach and sent by email may be affiliate links of which Author Reach receives a small commission from sales of certain items, but the price is the same for you. Author Reach is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com. The books posted on Author Reach may include Author Reach’s Amazon Affiliate links.
21. Author Reach Pages
Author Reach will run pages on Author Reach to help promote Authors/Members books. These pages may be broken down by category and by price (free, discounted etc…). Author Reach will also have pages featuring Authors/Members profiles. By agreeing to these terms, Authors/Members agree to have their books, profile images, and any other information given to Author Reach listed on these pages. Author Reach may use anything an Author submits to Author Reach through their books and profile pages to display on these pages. Author Reach reserves the right to order the results of these pages however they see fit. They also reserve the right to allow Authors/Members pay additional fees to be featured on these pages. These pages are owned by Author Reach and thus Author Reach will make the determination to do what they wish with these pages.
22. Rights On Reading and Reviewing Emails
Author Reach reserves the rights to read and review all email campaigns sent on the platform. This will be done to help confirm Authors/Members are following all of the terms and guidelines set forth here. Author Reach may also use this in connection with any joint Author promotions to confirm Authors follow through on what they agree to do.
23. Posting Rights
Author Reach shall have the license and right to use Author’s posts, images, or other material posted to Author Reach, for its marketing, advertising and public relations purposes.
24. Compliance With Laws
It is the
Author/Members responsibility to ensure they are using Author Reach Services in
compliance with all laws. This includes all Spam laws that relate to an Author
depending on where they live. For reference see our quick link to some of the
most common International Spam Laws. Laws of commerce would also apply
to Authors to follow and Authors/Members warrant they will not break all laws
related to commerce including Fair Trade Commission Act, Fair Credit Reporting
Act and Equal Credit Opportunity Act. Authors agree to indemnify and hold
harmless Author Reach from any losses or lawsuits that result from an Author
failing to comply with any law while using our services.
The software and services of Author Reach are also subject to U.S. export laws. Authors should not violate U.S. Export laws in downloading or exporting the services and software. Your use of the software and services are at your own risk.
25. Notification of Security Breaches
If we find out there was a security breach to you or any of the emails on your list, we will notify you as soon as possible along with a description of what happened. The notification will come on the website and through email. Author Reach may ask you to pass on the information of the security breach on to your email subscribers if necessary.
26. Address and Unsubscribe Links
By law all email campaigns need to have a valid address and unsubscribe link on the bottom of each email. Authors are required to adhere to this. The address used by the Author must be valid and complete. If using this address puts the Author in any sort of risk, the Author agrees by acknowledging these terms to hold Author Reach harmless. Author Reach will not be liable for any action that arises from the use of an address on an email campaign. The Author will decide the valid address of theirs that they want to use and the Author/Member assumes all risk with the use of this address. Author Reach is not liable for any emails that get sent without an unsubscribe link or address, for any reason. Authors are forbidden from manipulating the email code to remove the address or unsubscribe links.
27. Author Reach Right to Block Email Addresses
Author Reach has the right to block the sending of emails to specific email addresses. For the author's benefit, Author Reach keeps track of email addresses that have bounced previously and subscribers that have previously clicked the spam report for specific Authors/Members. Author Reach Reserves the Right not to send emails to these subscribers.
28. Not A Partnership
Under no circumstances shall this Agreement be considered a contract of partnership or joint venture. Neither party shall be liable for any of the debts, accounts, obligations or other liabilities of the other party, its agents or employees, and neither party shall have any authority to obligate or bind the other party in any manner except as may be expressly provided herein.
29. Force Majeure
If any event occurs whereby Author Reach’s performance hereunder is materially hampered, as a result (wholly or in part) of any cause not entirely within its control and which it could not by reasonable diligence have avoided, such as a fire or other Act of God, riot, labor strike, work stoppage, refusal to work, lock-out, slow-down, picketing, boycott, or any other concerted activities, whether engaged in by employees or non-employees of Author Reach, national or local emergency, or any other condition disabling Author Reach from performing its Services under this Agreement, accident, calamity, or other cause not entirely within Author Reach’s control (each a “Force Majeure”), Author Reach’s performance under this Agreement shall be suspended for the period of the Force Majeure, and Author Reach shall return to Client any advance payment made by Client for the affected period without any further liability or obligation on the part of Author Reach which arises out of such suspension.
30. Attorneys’ Fees and Costs
In addition to the remedies provided elsewhere herein, in the event of a default by Client, Author Reach shall recover from Client Author Reach’s costs of collection and litigation, including but not limited to reasonable attorneys’ fees, expert witness fees, deposition costs, fees related to a subpoena and related travel expenses.
Client shall indemnify and hold harmless Author Reach, its officers, directors, shareholders, members, managers, employees, agents, heirs and assigns (the “Indemnitees”) from and against any cost, damage, claim, liability or expense occasioned by any negligent or wrongful act of Client or any of Client’s officers, directors, employees, invitees, or agents, and Client shall defend and protect the Indemnitees from and against the same at Client’s own cost and expense. This indemnification shall survive the expiration or earlier termination of this Agreement.
32. No Warranty or Guaranty
Client expressly acknowledges that Developer/Author Reach makes no promises or warranties, whether express or implied, regarding the results of services provided, and hereby explicitly disclaims any warranties that may otherwise be implied by law, and that Author Reach does not guarantee any increase in revenue, sales or marketing performance as a result of Author Reach’s Services under this Agreement. We maintain the software and services on this website are “as is”.
Client may not transfer or assign its rights under this Agreement without Author Reach’s prior written consent.
34. Choice of Law, Venue
This Agreement is entered into in the State of Illinois, County of McLean, and, in the event of any controversy or litigation, shall be subject to the jurisdiction of, and venue shall be proper in, the Circuit Court for the Eleventh Judicial Circuit, McLean County, Illinois, and governed by and construed in accordance with the laws of the State of Illinois, without regard to its principles of conflicts of laws.
35. No Waiver
No waiver shall be effective unless in writing and executed by the party to be charged with such waiver. No waiver shall be deemed a continuing waiver in respect of any subsequent breach or default, whether similar or dissimilar in nature, unless expressly so stated in writing.
The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
Any amendments to this agreement will not be effective until posted on the website with an email being sent to members. Even if we do not take action immediately on violation of any terms, we still may take action at a further time.
38. Change Requests
Author Reach will not make a change to the terms and agreements based on the request of a single author or member. If we decide to take action on the terms, it will apply to all authors/members and be announced by email and on our website.
Each party and its counsel have participated fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party.
Any headings preceding the text of the several sections, paragraphs or subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect.
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original but together shall constitute one and the same instrument.
42. Entire Agreement
This Agreement, including any and all exhibits hereto and links to other important pages, reflects the entire agreement between the parties respecting the subject matter hereof and supersedes any and all prior agreements, understandings or commitments, written or oral between the parties hereto. Any changes, alterations, additions or deletions to the printed contents of this Agreement shall be effective on the date published on the website and announced to members/Authors by email.