PLEASE READ THIS CUSTOMER
AGREEMENT CAREFULLY BEFORE USING FAXITFAST.COM OR SIGNING UP FOR
SERVICES OFFERED THROUGH FAXITFAST.COM
If users have any questions or concerns regarding this statement, they should contact FaxitFast Customer Support by email at Support@FaxitFast.com.
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THIS
3. CUSTOMER RESPONSIBILITIES
You are fully responsible for the contents of your transmissions through the Services. FaxitFast simply acts as a passive conduit for you to send and receive information of your own choosing. However, FaxitFast reserves the right to take any action with respect to the Services that FaxitFast deems necessary or appropriate in its sole discretion if FaxitFast believes you or your information may create liability for FaxitFast, compromise or disrupt the Services for you or other customers, or cause FaxitFast to lose (in whole or in part) the services of FaxitFast ISPs or other suppliers. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree:
(a) to comply with all laws regarding the transmission of technical data exported from any country through the Services;
(b) not to use the Services for illegal purposes;
(c) not to interfere or disrupt networks connected to the Services;
(d) to comply with all regulations, policies and procedures of networks connected to the Services;
(e) not to use the Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
(f) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services. You must:
(a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services;
(b) maintain the security of your PIN number and other confidential information relating to your account and;
(c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying FaxitFast of such use and taking steps to prevent its further occurrence.
4. UNSOLICITED FAX ADVERTISEMENTS / SPAM DROP-BOX POLICY
The transmission of unsolicited fax
advertisements is illegal in the United States under the Federal
Telephone Consumer Protection Act and is also illegal under the laws
of a number of other countries, states and provinces. Distribution of
unsolicited fax advertisements through the Services is
5. TERMINATION OR SUSPENSION
You may terminate your account at any time, with or without cause, upon notice. You can go to www.FaxitFast.com and login by entering your user name and password. In your FaxitFast account management section, you can access the cancelation procedures by clicking the "Close Account" link located under the My Account section in the FaxitFast Web Interface. You will then receive an email confirming your termination. Your account will not be deemed terminated unless and until you receive the termination email. You can also contact Customer Support by email at Support@FaxitFast.com with your request and a FaxitFast customer agent will terminate your account for you. You will then receive an email confirming your termination. Your account will not be deemed terminated unless and until you receive the termination email.
FaxitFast may terminate or suspend your Account at any time, with or without cause, upon notice. FaxitFast reserves the right to do so without prior notice, provided that FaxitFast will attempt to confirm such termination or suspension by subsequent notice. In addition, FaxitFast reserves the right to suspend or terminate your Account without notice upon rejection of any credit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to FaxitFast when FaxitFast believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to FaxitFast. FaxitFast reserves the right to limit use of the Services or to terminate any account if we believe unreasonable usage has occurred on such account or if the Services are used in a manner that is not permitted by this Agreement. Such termination does not relieve you of your obligation to pay for the Services. If your account is suspended or terminated and FaxitFast later reactivates your account, FaxitFast may charge you a re-activation fee of $35. FaxitFast also reserves the right to take any action with respect to the Services that it deems necessary or appropriate in its sole discretion if FaxitFast believes you or your information may create liability for FaxitFast, compromise or disrupt the Services for you or others or cause FaxitFast to lose (in whole or in part) the services of FaxitFast's suppliers.
6. CUSTOMER REPRESENTATION
You represent and warrant that you
are at least 18 years of age or, as applicable, the age of majority in
the state or province in which you reside, and that you possess the
legal right and ability to enter into this Agreement. You agree to be
financially responsible for your use of the Services (as well as for
use of your account by others, including minors living with you) and
to comply with your responsibilities and obligations as stated in this
Agreement. If you sign up on behalf of an entity, you agree and
acknowledge that you have authority to bind the entity to this
Agreement. You also agree and acknowledge that you are responsible for
all individual users who access and/or use the Services through your
Account. Accordingly, the terms, conditions, restrictions and
obligations of this Agreement (excluding your payment obligations to
FaxitFast) shall be construed to also apply to all users who utilize
your FaxitFast Account and you shall be liable for any breach hereof
by any user of your FaxitFast Account.
7. MODIFICATIONS TO CUSTOMER AGREEMENT
FaxitFast may automatically amend this Agreement at any time by posting a revised Agreement on the Website, and if the amendments are material by sending information regarding the amendment to the email address you provide to FaxitFast. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and FaxitFast. FaxitFast reserves the right to modify or discontinue any of the Services with or without notice to you and FaxitFast shall not be liable to you or any third party should FaxitFast exercise its right to do so.
8. MODIFICATIONS TO SERVICES
FaxitFast reserves the right to modify or discontinue any of the Services with or without notice to you. FaxitFast shall not be liable to you or any third party should FaxitFast exercise its right to modify or discontinue the Services.
9. MEMBER ACCOUNT AND SECURITY
As part of the registration process, you will be required to provide an email address and select a user name and password. Once you become a registered user, your fax number will be automatically sent to you by email. You may change your password to protect your fax messages after logging in to the Website. You are entirely responsible for maintaining the confidentiality of your user name, password, fax number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify FaxitFast of any unauthorized use of your account or any other breach of security known to you.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL FAXITFAST SOFTWARE AND SERVICES
ARE PROVIDED "AS IS," AND NEITHER FAXITFAST NOR ANY OF ITS
LICENSORS OR SERVICE PROVIDERS MAKES ANY EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES TO YOU REGARDING THE USABILITY,
CONDITION OR OPERATION THEREOF. FAXITFAST DOES NOT WARRANT THAT ACCESS
TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
FAXITFAST SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF
PERFORMANCE OR QUALITY. FAXITFAST RESERVES THE RIGHT TO MAKE THE
SERVICES INOPERABLE IN ORDER TO CONDUCT MAINTENANCE AND UPGRADES, AND
DEPENDING ON CIRCUMSTANCES MAY NOT INFORM CUSTOMERS IN ADVANCE OF ANY
SUCH DOWNTIME. FAXITFAST AND EACH OF ITS LICENSORS AND SERVICE
PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR
You agree to pay all charges for
your use of the Services at the prices then in effect. All charges
will be exclusive of value added ("VAT"), sales or other
taxes, except as required by law. FaxitFast reserves the right to
change prices or institute new charges for access to or use of the
Services. All changes will be posted by FaxitFast on the Website and
you are responsible for regularly reviewing such pricing information
to obtain timely notice of such changes. Continued use of the Services
or non-termination of your account after changes are posted
constitutes your acceptance of the prices as modified by the posted
B. Credit or Debit Card Payments
If the payment method for your account is by credit or debit card and payment is not received by FaxitFast from the card issuer or its agents, you agree to pay all amounts due upon demand by FaxitFast. Until the Services are terminated in accordance with FaxitFast's cancellation and verification procedures, as may be established by FaxitFast from time to time in its sole discretion, you agree and reaffirm that FaxitFast is authorized to charge your designated cards. Your card issuer's agreement governs your use of your designated card in connection with the Services, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that FaxitFast may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that FaxitFast may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
Your monthly service fees, usage
fees, and/or storage fees are COMPLETELY NON-REFUNDABLE. You agree
that FaxitFast may submit charges for all applicable fees each month
via your invoice, without further authorization from you, until the
Services are terminated in accordance with FaxitFast's cancellation
and verification procedures, as may be established by FaxitFast from
time to time in its sole discretion. Such termination will not affect
charges submitted before FaxitFast reasonably could act on your
notice. Charges which apply in arrears will apply for the entire
current billing period in which you terminate. If you have any
question regarding any charges that have been applied to your account,
you must contact FaxitFast's Customer Support Department within 30
days of the charge date. Failure to use your account will not be
deemed a basis for refusing to pay any charges submitted by FaxitFast
in accordance with this Agreement.
D. Annual Pricing Terms and Additional Fees
If you subscribed for the Services
for a fixed number of months (e.g., an annual plan or multi-month
plan), your pre-paid fees are payable in advance and are COMPLETELY
NON-REFUNDABLE. In addition, your pre-paid fee for the designated
period immediately following your pre-paid period will be
PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will
be immediately charged to your credit or debit card, without further
authorization from you, upon the expiration of such pre-paid period,
unless you provide prior notice (in accordance with FaxitFast's
cancellation and verification procedures, as may be established by
FaxitFast from time to time in its sole discretion) that you have
terminated this authorization. Such notice will not affect charges
submitted before FaxitFast reasonably could act on your notice.
E. Fax Storage
While your account is active, FaxitFast will store fax messages received at no cost. Once your account is closed, FaxitFast will store your faxes for thirty (30) days and then they will be automatically deleted. You acknowledge that FaxitFast may change its practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on FaxitFast's servers on your behalf, at any time, as provided for in Section 7. You further agree that FaxitFast has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Service.
Prepaid charges and/or subscriptions require an initial deposit which is due and payable in advance by deposit of a fixed amount in accordance with the pricing plan/subscription selected. This deposit will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted according to the rates specified by the pricing plan/subscription you selected upon enrollment. Thereafter, each time your deposit is depleted to the minimum amount specified by the pricing plan/subscription selected, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted according to the rates specified by the pricing plan/subscription you selected upon enrollment You agree that FaxitFast may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with the FaxitFast's cancellation verification procedures, as may be established by FaxitFast from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated cards. Such notice will not affect charges submitted before FaxitFast reasonably could act on your notice. Unused balances from previous deposits are not refundable.
G. Changes in Account Information
You must promptly notify FaxitFast of changes to:
(a) the account number or expiration date of your designated card;
(b) your billing address; and
(c) the name of each minor whom you have authorized to use your account.
You must also promptly notify FaxitFast if your card is canceled (e.g., for loss or theft). In order to avoid interruptions in the Service caused by rejected credit or debit card charges, FaxitFast reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT FAXITFAST IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES.
All programs, services,
processes, designs, software, technologies, trademarks, trade names,
inventions and materials comprising FaxitFast Service are wholly owned
by FaxitFast and/or its licensors and service providers except where
expressly stated otherwise. You may not use FaxitFast's trademarks,
trade names, patents, copyrights or other intellectual property rights
without FaxitFast's prior written permission.
13. CUSTOMER OF RECORD OF THE TELEPHONE NUMBERS
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH FAXITFAST OR UNTIL FAXITFAST NO LONGER PROVIDES YOU WITH SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION (A) BELOW. FAXITFAST IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT FAXITFAST IS THE CUSTOMER OF RECORD OF ALL TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, FAXITFAST HAS CERTAIN RIGHTS WITH RESPECT THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE NUMBER(S) ("PORTING" IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED, OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR THE TELEPHONE NUMBER(S), FAXITFAST HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM FAXITFAST. YOU UNDERSTAND AND AGREE THAT FAXITFAST IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE FAXITFAST IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION (A) BELOW FOR PORTING OUT THE NUMBER. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION (A) BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO FAXITFAST AND PAY FAXITFAST AN AMOUNT EQUAL TO US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE FAXITFAST TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED, AND ADMINISTRATIVE FEES INCURRED BY FAXITFAST FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF FAXITFAST'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU ARE LOCATED IN SUCH A JURISDICTION.
A. Telephone Numbers Ported In
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICES, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO FAXITFAST OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) OR THE NUMBER(S) YOU PORTED IN ASSOCIATED WITH THE TERMINATED ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES FAXITFAST'S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID FAXITFAST FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE FAXITFAST NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, FAXITFAST HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $50 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE FAXITFAST TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION (iv). THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH FAXITFAST DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, FAXITFAST REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. FAXITFAST ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US$500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION (A), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. FAXITFAST IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
B. Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT
FOLLOWING THE TERMINATION OF YOUR ACCOUNT FOR ANY REASON, SUCH
FAXITFAST NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER,
AND YOU AGREE THAT FAXITFAST WILL NOT BE LIABLE FOR DAMAGES (INCLUDING
CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH
RE-ASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY
SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER
GROUNDS, EVEN IF FAXITFAST HAS BEEN ADVISED OF THE POSSIBILITY OF
You agree to indemnify FaxitFast and each of its licensors and service providers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
15. NO RESALE OF THE SERVICES
Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISER
You may enter into correspondence with or participate in promotions of advertisers showing their products on the Services. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. FaxitFast assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. NOTICES; CONSENT
Notices given by FaxitFast to you will be given by email, phone, fax or by a general posting on the FaxitFast Website, or by conventional mail. In any matter requiring FaxitFast's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of FaxitFast. Notices given by you to FaxitFast must be given by email or by conventional mail (subject, however, to FaxitFast's verification procedures, as may be established by FaxitFast from time to time in its sole discretion, and which may include the requirement that you contact FaxitFast by email/phone so as to confirm that any such notice was in fact sent by you). Notices to FaxitFast by conventional mail must be sent to FaxitFast at 10X Online, LLC, 1706 South 500 West, Suite 100 Bountiful, UT 84010 or Fax: 1.801.208.7929.
18. GENERAL TERMS
THE LAWS OF THE STATE OF DELAWARE, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF FAXITFAST SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT THE EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF FAXITFAST SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF DELAWARE OR A SUPERIOR COURT FOR THE STATE OF DELAWARE LOCATED IN NEW CASTLE COUNTY. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. FaxitFast's failure to act with respect to a breach by you or others does not waive the FaxitFast's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. FaxitFast shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond FaxitFast's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors, although such technology may not be effective with regard to receipt of email messages as provided as part of the Services.
19. LEGAL NOTICES
A. Trademark Information
FaxitFast is a trademark of FaxitFast in the United States and other countries ("Trademark"). FaxitFast's trademarks may be used publicly only with written permission from FaxitFast. You agree that your use of the Trademark or any other trademark of FaxitFast shall be strictly limited to your use of the Services and in compliance with the Agreement. If you use the Trademark or any other trademark of FaxitFast in a nominal "fair use" manner, you agree to include proper acknowledgement of FaxitFast's trademark rights to any such use.
B. Single Copy License
The materials at the FaxitFast website, www. FaxitFast.com and the web pages within it (the "Site"), are copyrighted and any unauthorized use of such materials may violate copyright, trademark and other laws. You may download one copy of the information or software ("Materials") found on the Site on a single computer for your personal, non-commercial internal use only unless specifically licensed to do otherwise by FaxitFast in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not:
(a) Modify the
Materials or use them for any commercial purpose, or any public
display, performance, sale or rental;
C. Termination of this License
FaxitFast may terminate this license at any time if you are in breach of the terms of this Agreement. Upon termination, you will immediately destroy the Materials.
D. Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without FaxitFast's prior written permission. Except as expressly provided herein, FaxitFast and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. Other rights may be granted to you by FaxitFast in writing or incorporated elsewhere in the Materials.
Links provided on the Site are provided solely as a convenience to you and the provision of any such link does not constitute our endorsement of the linked website or its provider or of any of the content, products or services contained or offered therein. Your use of linked websites is subject to the conditions, if any, that each of those websites has posted. You agree that FaxitFast is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the contents, products, Services or any transmissions received through such websites. You further agree that FaxitFast has no liability whatsoever from such third party websites and your usage of them.
THE MATERIALS ARE PROVIDED "AS
IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL
PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL
FAXITFAST BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
MATERIALS, EVEN IF FAXITFAST HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.