TERMS & CONDITIONS:
1. GENERAL. Rates and
charges for services provided are set forth at the Faxaway Home Page
(http://www.faxaway.com - just click "FAQ" or, go directly to http://www.faxaway.com/sending_fax_faq.shtml and,
for SENDING RATES, click "Rates" or, go directly to http://www.faxaway.com/rate.html). The
rates and charges may be changed at any time without notice and it is up to the
Applicant to check the listed rates for such changes. All charges for services
will be debited to the credit card number provided by Applicant. PAYMENT MUST
BE MADE WITHIN 5 DAYS OR SERVICE WILL BE IMMEDIATELY TERMINATED. Applicant
agrees to pay reasonable cost of collections, including legal fees. Applicant's
submission, via the Internet, of this Application attests to financial
responsibility, ability, and willingness to pay invoices within the stated
terms and conditions. Service will be
rendered subject to credit approval by Faxaway. Applicant shall not use the
Faxaway services for any unlawful purpose and shall use the Faxaway services in
accordance with the instructions set forth in the Faxaway User Guide.
2. Faxaway has no
control of the content of the information passing through Faxaway accounts.
Faxaway does not (i) represent or endorse the accuracy or reliability of any
opinion, advice or statement made through a Faxaway account, (ii) assume any
liability for any harassing, offensive or obscene material distributed through
a Faxaway account, or (iii) assume any liability for any material distributed
through a Faxaway account which is distributed in violation
of any third party's
copyright or other intellectual property right.
3. The Services may
only be used for lawful purposes. Applicant is expressly prohibited from using
the Services to transmit any unlawful, harmful, threatening, abusive, libelous,
vulgar, obscene, profane, hateful, or otherwise objectionable information of
any kind, including, but not limited to, encouraging conduct that would
constitute a criminal offense, infringe third party rights, give rise to civil
liability or otherwise violate any local, state, national or other law.
Applicant may not use the Services to upload, post, reproduce or distribute, in
any way, any information, software or other material protected by copyright or
any other intellectual property right without first obtaining the permission of
such right holder.
4. Applicant agrees
to comply with all applicable laws, regulations, or conventions including those
related to data privacy, international communications, and exportation of
technical or personal data.
5. LIMITATION OF
LIABILITY. As a material inducement for Faxaway to provide the services
hereunder, Applicant agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE,
SHALL FAXAWAY OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR
DISTRIBUTING THE
SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF
FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF
PERFORMANCE.
6. FAXAWAY MAKES NO
EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS TO THE DESCRIPTION, QUALITY,
MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES
PROVIDED. FAXAWAY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE.
7. EFFECTS OF
TARIFFS. Any and all tariffs and related provisions are made a part of this
Agreement and shall control any inconsistency between the tariff and the terms
and conditions of this Agreement.
8. Indemnification.
Applicant shall defend, indemnify and hold harmless Faxaway, its officers,
directors, employees and agents from any claims and expenses, including
reasonable attorney's fees, related to any breach of this Agreement, use of
Applicant's account or in connection with the placement or transmission of
any message,
information, software or other content using the Services. Faxaway shall give
written notice of any such claim, action or demand within a reasonable time.
Faxaway shall be defended by attorneys of their choice at Applicant's expense.
9. The headings of
the sections of this Agreement are inserted solely for convenience and are not
intended to be part of, or affect the interpretation or meaning of this
Agreement.
10. Law &
Arbitration. This Agreement shall be governed by and construed in accordance
with Washington State law. Any controversy or claim between the parties arising
out of or related to this Agreement shall be settled by arbitration before a
single arbitrator under the then current rules of the Washington Arbitration
and Mediation Service (WHAMS). The arbitration shall be held in Seattle,
Washington. The decision and award of the arbitrator shall be final and binding
and the award so rendered may be entered in any court having jurisdiction
thereof.
11. Severability. If
any provision or portion of this Agreement shall be held invalid under any
applicable laws, such invalidity shall not affect any other provision of this
Agreement that can be given effect without the invalid provision or portion,
and, to this end, the provisions or portions hereof are severable.
12. No Waiver. The
failure of either party at any time, or from time to time, to require
performance of any obligation under this Agreement shall in no manner affect
the right of either party to enforce any provision of this Agreement at a
subsequent time and shall not be construed as a waiver of any subsequent breach
of that same provision.
13. Applicant may
cancel the Services at any time. Applicant's only remedy with respect to any
dissatisfaction with any term, rule, policy or practice of Faxaway is to
terminate this Agreement by delivering notice to Faxaway. The return of the
application information and the use of the Services assumes
that Applicant has
read and agrees to the terms in this Agreement. Faxaway, reserves the right to
suspend or terminate the Services if Faxaway, in its sole discretion, believes
Applicant is using the Services to engage in conduct which interferes with
other Faxaway Customers' use of the Services, is harmful to Faxaway, or third
parties, or is otherwise in violation of this Agreement.
Faxaway® is a service
of International Telcom