This Customer Agreement contains the terms of service for HumbleFax and is effective on June 4th, 2019 for current users, and upon acceptance for new users.
A. Acknowledgement and Acceptance of Terms and Conditions
1. These terms and conditions (“terms”) contained herein on this webpage, including a binding Agreement to Arbitrate and Class Action Waiver in in Section P below, shall govern your use of HumbleFax.com Website and Services, including all pages within this Website (collectively referred to herein as “Website”) and all HumbleFax Services (“Services”). These terms are between you as an authorized user of HumbleFax Services (“you” or “your”) and Web Ventures LLC (“Company”). For purposes of these terms, “Services” is defined as any and all Services provided by HumbleFax and all other services described in this Agreement which are provided by the Company to you either now or in the future. “Website” is www.humblefax.com and all pages therein. “Account” is defined as a user account through which you access the Services. Your use includes use of your account by yourself or any other person or entity.
2. These terms apply in full force and effect to your use of this Website or Services and by using this Website or Services you expressly accept all terms and conditions contained herein in full. You must not use this Website or Services if you have any objection to any of these terms.
3. These terms, together with any operating rules, policies, account types, updates and new features or software, or price schedules published by the Company constitutes the entire agreement (“Agreement”) between the Company and you and supersedes all prior agreements. If you are using the Services on behalf of your employer or another account holder, you represent that you are authorized to accept this agreement on your employer’s or the account holder’s behalf.
4. You represent that you are at least 18 years of age 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 by you or use of your account by others, 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. These terms (excluding payment obligation to the Company) shall be construed to also apply to all users who utilize your Account and you shall be liable for any breach hereof by any user of your Account.
5. Unless explicitly stated otherwise, this Agreement will govern the use of any new features or account types that enhance or change the current Services, including but not limited to the release of new software and Services.
B. Fair Usage Policy & Your Responsibilities
1. These terms are designed to prevent fraud and abuse of our products. You are solely responsible for the contents of your transmissions through our Services. The Company acts as a passive conduit to send and receive communications.
2. The following is a non-exhaustive list of practices that would not be considered legitimate use:
3. Your use of the Services is subject to all applicable local, state, national and international laws and regulations (including but not limited to consumer protection, false advertising, anti-discrimination, unfair competition, or export control). You agree:
4. 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 to 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.
5. Unless a HIPAA BAA document is signed, you agree not to impose any independent obligations upon the company when using the Services to store any “protected health information” (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191).
6. You agree not to resell the use of the Services.
7. The Company may at its option, terminate or suspend its relationship with you, and your use of any Services immediately if it determines you are using the product contrary to this Agreement and/or if it determines that your use may create liability for the Company or compromise or disrupt the Services. Other practices may be relevant in determining legitimate use and the Company reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination.
8. You are responsible for correct time zone settings on your account.
C. Unsolicited Advertisements and Spam Faxes
1. The transmission of unsolicited fax advertisements through the Services is prohibited. The sending of unsolicited advertisements through fax is illegal under the Telephone Consumer Protection Act and Junk Fax Prevention Act, as well as other statutes and regulations. Canada also has laws and regulations pertaining to such communication.
2. You hereby acknowledge and agree that the Company, as owner of all fax numbers used by the Services, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to the Company.
3. If you are in receipt of an unsolicited fax advertisement, please follow any and all opt-out instructions on the unsolicited fax. In addition, if you feel that your fax number is being abused, for example through a third party war dialing and phishing for fax numbers and using the numbers to send unsolicited faxes, please contact the Company immediately by emailing [email protected].
4. At the Company’s option and without further notice, the Company may use technologies and procedures, such as filters, that may terminate the transmission of such unsolicited fax advertisements without delivering them.
5. Your fax number may not be used as a drop box for responses to spam offers or messages. If you believe you are in receipt of a spam message that uses a fax number as a drop box for responses, please follow any and all opt-out or unsubscribe instructions. Please also contact the Company immediately by emailing [email protected]. If the referenced fax number is a Company fax number, we will attempt to contact the account holder and, if necessary, terminate their account.
6. You are not permitted to opt-in to receive spam faxes on your fax number.
7. Notwithstanding the above, the Company’s distribution of advertising to its customers is not considered unsolicited fax advertising based upon your acceptance of this Agreement.
D. Limitations of Service
1. The Company offers several account types, including but not limited to basic unlimited accounts for personal use, tiered accounts, and metered accounts. For individual, non-commercial use, we offer unlimited faxing accounts. Our tiered accounts accommodate customers with regular volume of faxes. Finally, we offer a metered option based on specific usage amounts. We may also on one or more occasion offer trial use of the Website or Services. Please refer to the information posted on our Website for information on all available account types. The information on account types on the Website is expressly incorporated into this Agreement.
2. The Company will not charge you a fee for exceeding the service limits as defined by your account type. However, the Company reserves the right to suspend your account with notice to you. The notice will include information about exceeding the service limit and your ability to upgrade your account in order to facilitate your increased use of the service. If you choose not to upgrade and your account is annual plan (only), your account will be canceled and the Company will issue a prorated refund for any months prepaid and not utilized.
3. The Company reserves the right to slightly delay your fax rate transmission in order to maintain the operation of our system and ensure service to all customers.
4. Having an open account constitutes use of our Services. While you have an open account, a fax number is assigned to the account and reserved for your use only. As such, we will not provide a refund premised only on non-usage.
5. The Services are limited to domestic U.S.A. and Canada only for both inbound and outbound faxing.
6. The Company defines one “fax page” as the greater of 60 seconds of transmission time or one document page. For metered accounts, the number of unused fax pages on your account at the end of the billing period will automatically rollover to your next billing period as long as your account is active. The Company will not reimburse you for unused pages if your account is terminated by you or by the Company.
E. Service Changes
1 .The Company may modify or discontinue any of the Services after providing notice to you. The Company shall not be liable to you or any third party should the Company exercise its right to modify or discontinue the Services.
F. Privacy Policy
Your privacy is important to us. As such, The Company has adopted the following Privacy Policy regarding information about consumers that it acquires in the course of its business.
Personal Data We Collect
1. The Company collects data from you through our interactions with you and your use of our Website (including interaction with any third party content or advertising on the Website) and Services, including but not limited to your full name and/or business name, address, zip code, email address, company or business name, password, address book, communications and credit card information. We use this information to operate our business, including but not limited to contacting you, identifying you, billing you for our Services, making the Services or your account available to you now or in the future, meeting our legal obligations, in defense of legal rights, and analyzing our performance.
2. We may contact you if you begin but fail to complete the sign up process for our Services. You hereby authorize the Company to make such contact, even if you ultimately determine not to sign up for our Services. The Company may also contact you with information regarding services that may be of interest to you.
3. As part of providing our Services, the Company also collects usage data about your communications including but not limited to the time and date of the communication, number of minutes used, number of pages per fax, success or failure of the communication, error codes and the numbers that are part of the communication.
4. Because the internet is an open system, the transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any personal data that you send to us are sent securely.
Your Faxes
5. The Company provides fax storage, including but not limited to the fax numbers that are part of the communication, subject line of each fax, body message, attachments and your address book. In the event that the Company, in its sole discretion, determines or suspects that any use of the Services constitutes, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to review the content of your faxes without notice to you. The Company also reserves the right to review the content of your faxes without notice to you in order to address a technical or procedural difficulty.
Cookies & Similar Technologies
6. Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. Our Website uses these “cookies” to collect information and to improve our Service, including but not limited to authentication, preferences, security, advertising, and analytics. You have a variety of tools to control the data collected by cookies and similar technologies. For example, you can use controls in your Internet browser to limit how the Websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies.
Log Data
7. Whenever you visit our Website or use our Services, we collect information called Log data which includes, but is not limited to, your computer’s Internet Protocol address, browser version, pages of our Website that you visit, the time and date of your visit, the time spent on those pages, and other statistics.
Changes to Privacy Policy
8. We may make changes to our Privacy Policy on one or more occasion. If we make any changes to our privacy policy we will notify you by posting a revised Privacy Policy on this page. If the amendments are material the Company will also send information regarding the Agreement amendment to the email address you provide to the Company. Any change is effective immediately after they are posted on this page. 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 use of the Services after amendments have been posted or information regarding the amendments has been sent to you.
Retention
9. We will retain copies of your personal data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Agreement, including to allow you to reactivate your account after termination, unless applicable law requires a longer retention period. In particular, we may retain your personal data for the duration of any period necessary to establish, exercise or defend any legal rights.
Google Drive Integration
10. If the user enables Google Drive integration, the user will authorize the website to upload new documents (faxes) to the user's Google Drive account.
Additionally, the website will be able to access a listing and the contents of their files only when they are browsing for attachments in the compose fax section. The contents of the files are never stored locally in our own servers unless the fax is sent. In that case, an encrypted copy of file is stored on the HumbleFax server infrastructure. This file can be deleted off the HumbleFax server infrastructure by the user.
HumbleFax is not responsible for any data overages with Google Drive that our uploading feature may cause.
G. Customer of Record and Porting
1. You understand and agree that the Company is only granting you revocable permission to use the fax numbers provided as part of the Services only until the end of the term of your Agreement or until the Company no longer provides you with Services
2. You understand and agree that the Company is the Customer of Record of all the fax numbers provided as part of the Services and as such the Company has rights with respect to the fax numbers provided as part of the Services. These rights include the porting, or the transferring or switching of numbers to any other service provider, telephone company, person or entity.
3. You understand and agree that the Company is not a telephone company but rather has a direct relationship with the telephone company that provides the underlying telecommunication that support the Services. You understand and agree that the Company is not under any legal obligation to permit you to port any numbers provided as part of the Services, except as provided in section G.3(a) and that you are expressly prohibited from causing or attempting to cause the transfer of the numbers provided with the Services to any other service provider, telephone company, person or entity. If you violate this provision, you agree to immediately return the number provided with the Services and pay the Company $500 representing liquidated damages reflecting a reasonable measure of the actual or anticipated damages caused and fees incurred by the Company for your violation.
4. You may port out a number in connection with terminating your Account. In order to do so, you must:
If you fail to satisfy these requirements, HumbleFax shall remain the Customer of Record of the number(s) and you are prohibited from porting the number(s).
H. Reassignment of Fax Number(s)
1. You understand and agree that upon termination of your account for any reason, the Company may reassign the number assigned to you to another customer. You agree to waive all claims with respect to such re-assignment, whether based on contract, tort or other grounds, even if the Company has notice of the possibility of damages. You further agree that the Company will not be liable for damages, including but not limited to consequential or special damages, arising out of any such reassignment.
2. You also understand and agree that the Company may on one or more occasions need to change the number assigned to you for any reason outside or within the Company’s control. You agree to waive all claims with respect to any such change in the number assigned to you, whether based on contract, tort or other grounds, even if the Company has notice of the possibility of damages. You further agree that the Company will not be liable for damages, including but not limited to consequential or special damages, arising out of any such change in the number assigned to you.
I. Confidentiality of Your Account and Password
1. You are entirely responsible for maintaining the confidentiality of your user name, password, fax number and account information. You may change your password to protect your information after logging into the Website.
2. You are also entirely responsible for any and all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security known to you.
J. Payment
1. YOUR ACCOUNT BALANCE IS DUE MONTHLY AND WILL BE AUTOMATICALLY CHARGED TO THE CREDIT OR DEBIT CARD YOU DESIGNATE TO THE COMPANY UNLESS YOU TERMINATE YOUR ACCOUNT (SEE SECTION N). The date on which payment will be automatically debited will be displayed on the “Billing and Usage” section on your dashboard. Until the Services are terminated in accordance with the Company’s termination procedure, see Section N below, you agree and reaffirm that the Company is authorized to charge your designated card without further authorization from you. You agree to pay all charges for your use of the Services at the prices in effect. All charges are exclusive of value added tax (VAT), taxes, sales except as required by law. All charges are NON-REFUNDABLE.
2. We may amend the pricing plan on one or more occasion after providing notice to you. The Company will post pricing plan changes to the Website and send information regarding any changes to your pricing plan to the email address provided to the Company. Your continued use of the Services or non-termination of your account after changes are posted and emailed to you constitutes your acceptance of the pricing plan as modified.
3. The Company 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 the Company when the Company 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 the Company.
4. You must promptly notify the Company of changes to your billing method, including but not limited to the account number, expiration date, and billing address. You must also promptly notify the Company if your card is canceled. If payment is not received by the Company from your credit or debit card issuer or its agents, you agree to pay all amounts due to the Company.
5. The Company reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law, to avoid interruptions in the Services. You authorize the Company to obtain updated card details and use them to bill you for payment of Services.
6. Failure to use your account will not be deemed a basis for refusing to pay or seeking a refund for any charges submitted by the Company in accordance with this Agreement.
7. THE COMPANY WILL NOT PROVIDE A REFUND FOR TERMINATION OF YOUR ACCOUNT AT ANY TIME, unless you have an annual account and the specific circumstances laid out in Section J.12 apply.
8. Please note that if you are using the Services from certain locations, you may incur charges from your Internet Service Provider (ISP) or long distance carrier.
9. You agree and understand that you are not authorized to charge third party services provided to you or at your request to a number provided with our Services. You also agree that you will not request or cause any third-party service provider to charge any such services to a number provided with our Services and that any such charge will allow the Company to terminate or suspend your account without notice. You are also prohibited from selling, reselling, renting or leasing the use of the Services.
Annual & Monthly Plans, other Pre-Paid plans
10. You agree that for monthly and annual subscriptions, the Company may submit charges for your monthly or annual service fee monthly or annually, in each case, without further authorization from or notice to you, until you provide prior notice (in accordance with the termination procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card(s).
11. Upon expiration of any pre-paid period, including annual and monthly plans, additional charges will be immediately charged to the credit or debit card you have on file with the Company without further authorization from you.
12. The Company will not charge you a fee for exceeding the service limits as defined by your account type and by this Agreement’s “Limitations of Service” section (Section D). However, the Company reserves the right to suspend your account with notice to you. The notice will include information about exceeding the service limit and your ability to upgrade your account in order to facilitate your increased use of the service. If you choose not to upgrade and your account is annual plan, your account will be canceled and the Company will issue a prorated refund for any months prepaid and not utilized.
13. Contact the Company within 30 days of any charge(s) you have a question about. Failure to do so will waive your ability to dispute such change(s).
14. You must obtain and pay for all equipment and third-party services (i.e. Internet access and email service) required for you to access and use the Services.
K. Fax Storage & Content
1. While you have an open account with the Company, the Company will store sent and received faxes through your assigned fax number at no additional cost to you. However, YOU AGREE THAT THE COMPANY IS NOT LIABLE OR RESPONSIBLE FOR THE STORAGE, FAILURE TO STORE, OR MALFUNCTION OR DESTRUCTION OF FAXES OR OTHER COMMUNICATIONS TRANSMITTED OR MAINTAINED BY THE SERVICES WHETHER CAUSED BY REASONS WITHIN OR BEYOND THE COMPANY’S CONTROL. You further agree that the Company is not liable or responsible for any illegal content in those faxes or other communications transmitted or maintained by the Services.
2. Company is not liable, and you agree not to hold the Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from (whether caused by reasons within or beyond the Company’s control) the storage, failure to store, or any malfunction or destruction of any faxes and other communications transmitted or maintained by the services.
3. You acknowledge and agree that the Company may on one or more occasions and with notice to you, modify its practices and limitations concerning fax storage, including without limitation the maximum number of faxes that will be retained or stored, the maximum number of days that fax messages will be retained and the maximum storage space on the Company’s servers allotted to your faxes or communications.
4. You acknowledge and agree that in the event that the Company, in its sole discretion, determines or suspects that any use of the Services constitute, or may give rise to, a violation of any law or regulation or this Agreement, or you are otherwise in breach of any provision of this Agreement, the Company reserves the right to review the content of your faxes without notice to you.
5. YOU AGREE TO BE SOLELY RESPONSIBLE FOR THE CONTENTS OF YOUR TRANSMISSIONS THROUGH THE SERVICES. YOU AGREE NOT TO USE THE SERVICES FOR ILLEGAL PURPOSES OR FOR THE TRANSMISSION OF MATERIAL THAT IS UNLAWFUL, DEFAMATORY, HARASSING, LIBELOUS, INVASIVE OF ANOTHER’S PRIVACY, ABUSIVE, THREATENING, HARMFUL, VULGAR, PORNOGRAPHIC, OBSCENE, OR IS OTHERWISE OBJECTIONABLE, CONTAINS VIRUSES, OR THAT WHICH INFRINGES OR MAY INFRINGE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER. YOU AGREE NOT TO USE THE SERVICES FOR THE TRANSMISSION OF “JUNK MAIL”, “SPAM”, “CHAIN LETTERS”, “PHISHING” OR UNSOLICITED MASS DISTRIBUTION OF EMAIL. WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES IF THERE ARE REASONABLE GROUNDS TO BELIEVE THAT YOU HAVE USED THE SERVICES FOR ANY ILLEGAL OR UNAUTHORIZED ACTIVITY.
If you receive illegal content through our Services, please notify the Company immediately by emailing [email protected].
L. Modifications to Customer Agreement
1 .The Company may modify the Agreement at any time after providing notice to you by posting a revised Agreement on this page. If the amendments are material the Company will also send information regarding the Agreement amendment to the email address you provide to the Company. Any change is effective immediately after they are posted on this page. 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 use of the Services after amendments have been posted or information regarding the amendments has been sent to you.
2. If you do not agree to the modified terms, you should discontinue your use of the Website and Services and terminate your account.
M. Third-party Links or Services
1. The Services or Website may allow you to access or acquire products, services, promotions, websites, links, content, material, or applications from independent third parties or advertisers. The Company does not endorse any linked websites or services or content provided by third parties. Your use of third-party websites or services is subject to the conditions and terms, if any, of those websites or services. Any such communication, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such communication or services, are solely between you and the advertiser. The Company is not responsible or liable to you or others for information, correspondence or services provided by any Third-Parties or your usage of those third-party websites or services.
N. Termination of Account
1. UPON TERMINATION OF YOUR ACCOUNT, YOU WILL NO LONGER HAVE ACCESS TO FAXES SENT OR RECEIVED WITH YOUR ACCOUNT.
Termination by You
2. You may terminate your account at any time, with or without cause, upon notice.
3. To terminate your account, you must cancel your billing plan by going to the Billing and Usage section on your dashboard and select the “Cancel Billing Plan” button. You may cancel your billing plan at any time prior to the next scheduled payment. Your account will then remain active until next scheduled payment would have been due. After you terminate your account, you will no longer have access to the fax number(s) that had been assigned to that account or any faxes sent or received with your account.
4. If you terminate your account, you will not be automatically charged for the following months. However, you understand and agree that you will not be refunded for the remaining days in the month in which you are terminating the account.
Termination by the Company
5. The Company may terminate or suspend your Account at any time, with or without cause, upon notice. The Company also reserves the right to terminate or suspend your Account without prior notice provided that the Company will attempt to confirm termination or suspension by providing notice after termination or suspension.
6. In addition, the Company may terminate or suspend your Account without notice upon rejection of any credit card charge(s), if the card issuer seeks return of payments made to the Company that the Company believes you are responsible for, or if the Company believes the Services have been used in a manner not permitted by this Agreement or in an unlawful manner. Upon failure to pay, your account will be placed in suspended status. After five (5) days, your account will be terminated and your number will no longer be assigned to your account or available to you in the future. Such termination does not relieve you of your obligation to pay for the Services provided prior to termination.
7. The Company 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.
8. The Company reserves the right to suspend your account with notice to you if you exceed service limits as defined by your account type and by this Agreement’s “Limitations of Service” section (Section D). The notice will include information about exceeding the service limit and your ability to upgrade your account in order to facilitate your increased use of the service. If you choose not to upgrade and your account is an annual plan, your account will be canceled and the Company will issue a prorated refund for any months prepaid and not utilized.
9. The Company reserves the right to take any action it deems necessary, in its sole discretion, with respect to the Services, if the Company believes you or your Account may create liability for the Company, compromise or disrupt the Services for you or other customers or cause the Company to lose in whole or in part the services of the Company’s providers.
O. Notices to You and Notices to the Company
1. Notices provided by the Company will be sent to you by email, phone, fax, mail or by general posting on the Website. In any matter requiring the Company’s prior consent, such consent will be considered provided only if made in the foregoing manner by an authorized representative of the Company.
2. Notices to the Company should be sent by email to [email protected] and by mail to Web Ventures LLC, 50 E. Ridgewood Ave, #250, Ridgewood, N.J. 07450. The Company reserves the right to verify your identity through procedures established by the Company in its sole discretion on one or more occasions. These procedures may include a requirement that you contact the Company by phone to confirm the notice was sent by you.
P. Agreement to Arbitrate & Class Action Waiver
1. YOU AND THE COMPANY EACH AGREE THAT ANY AND ALL DISPUTES OR CLAIMS THAT HAVE ARISEN, OR MAY ARISE, BETWEEN YOU AND THE COMPANY THAT RELATE IN ANY WAY TO OR ARISE OUT OF THIS OR PREVIOUS VERSIONS OF THIS AGREEMENT, YOUR USE OF OR ACCESS TO THE SERVICES AND WEBSITE, THE ACTIONS OF THE COMPANY, ANY FAX THROUGH THE SERVICES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, RATHER THAN IN COURT. YOU AGREE THAT THE UNITED STATES FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT TO ARBITRATE, AND THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTWITHSTANDING THE FOREGOING, EITHER PARTY MAY ASSERT AN INDIVIDUAL CLAIM IN SMALL CLAIMS COURT. THIS PROVISION DOES NOT PRECLUDE YOU FROM BRINGING ISSUES TO THE ATTENTION OF GOVERNMENT AGENCIES. THIS AGREEMENT TO ARBITRATE SHALL SURVIVE TERMINATION OF THE AGREEMENT AND TERMINATION OF YOUR ACCOUNT.
Prohibition of Class and Representative Actions and Non-Individualized Relief.
2. You and the Company agree that each of us may bring claims against the other only on an individual basis in arbitration and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding whether in arbitration or in court. Unless both you and the Company 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, class, or private attorney general action or proceeding. Also, the arbitrator may award 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). Any relief awarded cannot affect other users. If applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court, subject to your and the Company’s right to appeal that decision. All other claims will be arbitrated.
Arbitration Procedures
3. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA's Consumer Arbitration Rules and Commercial Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules and forms are available at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. If the value of the relief sought is $10,000 or less, you or the Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and the Company subject to the arbitrator's discretion to require an in-person hearing as established by the AAA rules. In cases where an in-person hearing is held, you and/or the Company may attend by telephone, unless the arbitrator requires otherwise. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusion on which the award is based. The arbitrator is not authorized to award punitive, general, special or other damages not measured by the prevailing party’s actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.
4. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to the Company should be addressed to Web Ventures LLC, Attn: Legal Department, 50 E. Ridgewood Ave, #250, Ridgewood, N.J. 07450. The Notice must 1) describe the nature and basis of the claim or dispute; and 2) set forth the specific relief sought. If you and the Company are unable to resolve the claims described in the Notice within 30 days after the Notice is received, you or the Company may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA's site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail or email a copy of the completed form to the opposing party. You may send a copy to the Company at the following address: Web Ventures LLC, Attn: Legal Department, 50 E. Ridgewood Ave, #250, Ridgewood, N.J. 07450. Any settlement offer made by you or the Company shall not be disclosed to the arbitrator.
5. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration
6. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. Each party is responsible for their own attorney fees and expenses to the same extent as in court. If you are required to pay a filing fee and the value of the relief sought is $10,000 or less, at your request, the Company will reimburse you for your filing fee. If (a) you willfully fail to comply with the Notice requirement discussed above, or (b) in the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse the Company for filing fees associated with the arbitration.
Opt-Out Procedure
7. If you are a new user of our services, you can choose to reject this Agreement to Arbitrate (“Opt-Out”) by mailing us a written opt-out notice (“Opt-Out Notice”). The Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Agreement for the first time. You must mail the Opt-Out Notice to Web Ventures LLC, Attn: Legal Department, 50 E. Ridgewood Ave, #250, Ridgewood, N.J. 07450. If you opt-out of the Agreement to Arbitrate, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Severability
8. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of Section P is found to be illegal or unenforceable, that provision will be severed but the rest of Section P still applies.
9. Unless you and the Company agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and the Company must be resolved exclusively by a state or federal court located in New Jersey. You and the Company agree to submit to the exclusive jurisdiction of the courts located within New Jersey for all disputes arising out of or relating to this Agreement that are heard in court (excluding arbitration and small claims court). The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed.
10. This Agreement and your use of the Company Website and Services shall be governed and construed in accordance with the laws of the state of New Jersey, excluding New Jersey’s conflicts-of- law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by laws of the state of New Jersey, excluding New Jersey’s conflicts-of- law principles.
Q. Failure to Act
1. The Company’s failure to act with respect to a breach of the Agreement by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
R. Assignment
1. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void.
S. Severability
1. If any term or provision of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect.
T. Disclaimer of Warranties and Limitation of Liability
1. We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Some functionality is subject to delays due to capacity of our infrastructure as well as delays within or beyond of the Company’s control.
2. THE COMPANY AND OUR AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES.
3. THE COMPANY DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES OR INFORMATION, TEXT, GRAPHICS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE OR SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, TITLE, SATISFACTORY QUALITY, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, WORKMANLIKE EFFORT, ACCURACY, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
4. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. THE COMPANY 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.
5. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS OR INTERNET.
6. In addition, to the extent permitted by applicable law, the Company is not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from (whether caused by reasons within or beyond the Company’s control), but not limited to, the following:
7. YOUR USE OF THE SERVICES AND ALL THE COMPANY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING OR USE OF FILES OR OTHER MATERIAL (INCLUDING THE COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, WEBSITE OR ANY OTHER COMPANY SOFTWARE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
8. THE ENTIRE LIABILITY OF THE COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $500.00. YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING DIRECT, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, GENERAL OR PUNITIVE. EACH PARTY IS RESPONSIBLE FOR THEIR OWN ATTORNEY FEES AND EXPENSES TO THE SAME EXTENT AS IN COURT. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOESN'T FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANYTHING OR ANY CLAIMS RELATED TO THESE TERMS, THE SERVICES, OR THE SOFTWARE RELATED TO THE SERVICES. YOU HEREBY RELEASE THE COMPANY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
9. NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES WITHIN OR BEYOND OF THE COMPANY'S OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
10. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
U. Indemnification
1. You agree to indemnify and hold harmless the Company, its officers and employees and its affiliates and service providers from and against any and all loss, liabilities, claims, damages and expenses (including attorneys' fees) arising out of claims based upon use of the Services, including but not limited to 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. Any exclusion or limitation of the Company’s liability specified in this Agreement, and the indemnification obligations, shall survive the expiration or termination of this Agreement.
V. Intellectual Property
1. HumbleFax is a trademark of the Company and may be used publicly only with the written permission from the Company. You agree that your use of the trademark shall be strictly limited to your use of the Services.
2. The materials and pages of the Website are copyrighted. You may use only for your personal, non-commercial use as part of the Services. The Website or materials provided through the Services may not be copied, reproduced, transmitted, distributed or published without permission. You agree to prevent unauthorized copying of the Website or materials provided through the Services.
© 2024 Web Ventures LLC
All rights reserved.
HumbleFax™ is a registered trademark of
Web Ventures LLC
50 East Ridgewood Ave, #250
Ridgewood, NJ 07450
HumbleFax works reliably and gets out of the way. So you can focus on the other hundred things.
