eFax Developer Customer Agreement
This Agreement, which governs the terms and conditions of your use of eFax Developer Services, is between you ("you" or "Customer"), as an authorized user of such services, and j2 Cloud Services, Inc. ("j2 US"), a Delaware corporation, and/or j2 Global Ireland Limited ("j2 Ireland"), an Irish corporation (each, the "Company"), as specified in the following paragraph, and governs the terms and conditions of your use of the Services.
Your Services are provided to you and you are legally a customer of (i) j2 US if you are issued a Service telephone number that is local to the U.S. or Latin America and (ii) j2 Ireland if you are issued a Service telephone number that is outside of the U.S. and Latin America. You will receive your billing statements, however, from j2 US if you reside in the U.S. or Latin America and from j2 Ireland if you reside outside of the U.S. and Latin America.
This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by the Company (collectively, the "Agreement"), constitutes the entire agreement between the Company and you regarding eFax Developer Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement.
For Canadian Customers: Please note that when you place an order to purchase on this Website, it constitutes an offer to purchase and remains subject to the Company's acceptance. Goods or services listed or described on this Website constitute an invitation to make an offer to purchase.
For purposes of this Agreement, "Services" are defined as any and all services provided by the Company to you either now or in the future, including but not limited to: (i) local and/or toll-free telephone number(s) that provide for the delivery of inbound faxes as XML to the Customer via https POST method and (ii) outbound electronic faxing via the internet whereby the Customer can initiate outbound faxes by posting faxes as XML to the Company via https POST method. By using the Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
If you begin the sign up process for eFax Developer Services but fail to complete the process, the Company may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize the Company to make such contact, even if you ultimately determine not to sign up for eFax Developer Services.
1. eFax Developer Services.
The Company offers eFax Services at its website www.efaxdeveloper.com (together with other websites owned and operated by the Company, the "Website")
3. Customer Responsibilities.
You are fully responsible for the contents of your transmissions through the Services. The Company simply acts as a passive conduit for you to send and receive information of your own choosing. However, the Company reserves the right to take any action with respect to the Services that the Company deems necessary or appropriate in its sole discretion if the Company believes you or your information 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 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: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) 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 (6) 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 eFax Developer account and; (c) be responsible for all charges resulting from use of your eFax Developer account, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.
4. Unsolicited Fax Advertisement/Spam Drop-Box Policy.
Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) 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 prohibited.
The Company understands that receipt of such faxes can impair your use of our Services. Accordingly, the Company intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our customers. At the Company's option and without further notice, the Company may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
- If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and
- Please go to the following web page to file a complaint with the Company by inserting the required information and including a copy of the offending fax: http://www.efax.com/about-us?tab=reportSpam.
Because our Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible service for all customers, you are not permitted to "opt in" to receive spam faxes on your eFax Developer Number.
Spam Drop-Box Policy. The Company does not permit its Customers to use their eFax Developer Number as a "drop-box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses an eFax Developer Number as a "drop-box" for responses, we ask that you take the following steps:
- If the email or fax contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional messages, please do so; and
- If you are unable to successfully "unsubscribe," please forward the offending email to firstname.lastname@example.org.
Either you or the Company may terminate your eFax Developer account at any time, with or without cause, upon notice. Any such notice by you to the Company must be in accordance with the Company's verification procedures, as such procedures may be established and changed by the Company from time to time in its sole discretion, and which may include the requirement that you contact the Company by phone to confirm that any such notice was in fact sent by you. The Company also reserves the right to terminate or suspend your eFax Developer account without prior notice, provided that the Company will attempt to confirm such termination or suspension by subsequent notice.
6. Customer Representations.
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 eFax Developer 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.
7. Modifications to Customer Agreement.
The Company may automatically amend this Agreement at any time by (a) posting a revised eFax Developer Customer Agreement on the Website, and/or (b) sending information regarding the amendment to the email address you provide to the Company. 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 eFax DEVELOPER 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 the Company.
8. Modifications to Services.
The Company reserves the right to modify or discontinue any of the Services with or without 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.
9. Member Account, PIN, and Security.
As part of the registration process, you will be required to provide an email address and select a PIN. Once you become a registered user, your eFax Developer Number will be automatically sent to you by email. You may change your PIN and set a password to protect your faxes or voicemail messages after logging in to the Website. You are entirely responsible for failing to maintain the confidentiality of your PIN, password, eFax Developer Number and account information. Furthermore, you are 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.
10. Disclaimer of Warranties and Limitations of Liability.
- eFAX DEVELOPER AND ALL OTHER COMPANY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND NEITHER THE COMPANY 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. THE COMPANY DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT COMPANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
- YOUR USE OF eFAX DEVELOPER AND ALL OTHER COMPANY SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE eFAX DEVELOPER OR ANY OTHER COMPANY SOFTWARE OR SERVICES, 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. THE ENTIRE LIABILITY OF THE COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF eFAX DEVELOPER AND ANY OTHER COMPANY 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 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. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
- 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 OUTSIDE 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.
- YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF THE COMPANY, IN EVALUATING THE eFAX DEVELOPER SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF THE COMPANY.
- You agree to pay all charges for your use of eFax Developer Services at the prices then in effect for your country of residence. j2 reserves the right to charge value-added ("VAT"), sales or other taxes, on the Services as it deems appropriate and to change prices or institute new charges for access to or use of eFax Developer. All changes will be posted by the Company at the Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of eFax Developer Services or non-termination of your eFax Developer account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
- Payment of your eFax Developer account balance is due monthly and, unless you have a qualified business account, must be made by the credit or debit card designated by you for Company use and transactions. If your eFax Developer account is a qualified business account and is approved by the Company for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
- Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your eFax a Developer account is by credit or debit card and payment is not received by the Company from the card issuer or its agents, you agree to pay all amounts due upon demand by the Company. Each time you use eFax Developer Services, or allow or cause eFax Developer Services to be used, you agree and reaffirm that the Company is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with eFax Developer, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that the Company 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 the Company 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.
- To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the Website.
- Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that the Company may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with the Company's verification 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. Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact the Company's Customer Service 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 the Company in accordance with this Agreement.
- Additional charges for outbound fax service and/or other usage-based services as the Company may introduce from time to time are payable in advance by deposit of a fixed amount (currently U.S. $50.00, $25.00, or $10.00, or the approximate equivalent in local currency), as set from time to time by the Company. This deposit will be due and payable immediately upon your use of any usage-based service. As a result, the first time you use any of these usage-based Services, a deposit (currently U.S. $50.00, $25.00, or $10.00 or the approximate equivalent in local currency) may be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of outbound fax service and/or other usage-based charges, according to standard Company messaging rates for the eFax Developer Services. Thereafter, each time your deposit is depleted to $2.00, 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 based upon your use of outbound fax service and/or other usage-based services, according to standard Company messaging rates for these eFax Developer Services. With respect to the eFax Developer outbound faxing service, please be advised that the Company will bill you for each attempt made by the Company to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
- In the event the Company submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize the Company to use your deposit to pay for any monthly service fee due the Company until the Company is able to successfully charge your card. In the event the Company is subsequently able to successfully process your monthly service fee through your credit or debit card, the Company will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount (and you hereby authorize the Company to do so).
You agree that the Company may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with the Company's verification 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. Such notice will not affect charges submitted before the Company reasonably could act on your notice. Upon notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) from you that you have terminated this authorization, you will be entitled to a refund of any unused portion of your most recent deposit, unless at such time there are any outstanding charges resulting from use of your eFax Developer account (including those charges described in the preceding paragraphs), in which case the remainder of your deposit will be applied to satisfy such charges.
- You must promptly notify the Company 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 eFax Developer account. You must also promptly notify the Company if your card is canceled (e.g., for loss or theft).
The Company reserves the right to suspend or terminate your eFax Developer account without notice upon rejection of any 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.
- All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the eFax Developer Service are wholly owned by the Company and/or its licensors and service providers except where expressly stated otherwise. . You may not use the Company's trademarks, trade names, patents, copyrights or other intellectual property rights without the Company's prior written permission.
- YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY eFAX DEVELOPER NUMBER ASSIGNED TO YOU BY THE COMPANY. OWNERSHIP OF ANY SUCH eFAX DEVELOPER NUMBER IS VESTED SOLELY IN THE COMPANY (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR eFAX DEVELOPER ACCOUNT FOR ANY REASON, SUCH eFAX DEVELOPER NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT THE COMPANY 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- YOU FURTHER UNDERSTAND AND AGREE THAT THE COMPANY MAY FROM TIME TO TIME NEED TO CHANGE THE eFAX DEVELOPER NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN THE COMPANY'S CONTROL). YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE eFAX DEVELOPER NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE eFAX DEVELOPER NUMBER ASSIGNED TO YOU BY THE COMPANY AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO IMMEDIATELY TERMINATE YOUR eFAX DEVELOPER ACCOUNT WITHOUT NOTICE.
You agree to indemnify the Company 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 eFax Developer 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 Advertisers.
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. The Company assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. Notices; Consent.
Notices given by the Company to you will be given by email or by a general posting on the Website, or by conventional mail. In any matter requiring the Company's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of the Company. Notices given by you to the Company must be given by email or by conventional mail (subject, however, to the Company's verification procedures, as may be established by the Company from time to time in its sole discretion, and which may include the requirement that you contact the Company by phone so as to confirm that any such notice was in fact sent by you). Notices to the Company by conventional mail must be sent to j2 Cloud Services, Inc., 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, U.S.A.
18. General Terms.
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND SERVICES. THE UN CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED. YOU EXPRESSLY AGREE THAT EXCLUSIVE JURISDICTION FOR ANY CLAIM OR DISPUTE ARISING FROM THE USE OF COMPANY SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA OR A SUPERIOR COURT FOR THE STATE OF CALIFORNIA LOCATED IN LOS ANGELES COUNTY; provided nothing in this section shall restrict either of the parties from resorting to the courts of any jurisdiction in order to collect, enforce or execute any judgment obtained in the federal or state courts located in the State of California. 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. The Company's failure to act with respect to a breach by you or others does not waive the Company'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. The Company shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond the Company'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
Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained by calling our Customer Service department. The Company reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for above.
Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
20. Agreement to Arbitrate All Disputes
- You and the Company agree that all disputes and claims between you and the Company shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to any dispute, claim or controversy arising out of or relating in any way to the Services, the Company software, the Website, the Agreement or any aspect of the relationship between you and the Company. You agree that, by agreeing to the Agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against the Company on your behalf. This arbitration provision shall survive termination of this Agreement and the termination of your account.
- 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: j2 Cloud Services, Inc., ATTN: Legal Department, 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, USA (“Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the Company and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or the Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by the Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or the Company is entitled. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after the Company receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.
- The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by the Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org. 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. Unless the Company and you agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, the Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$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 conclusions on which the award is based. The arbitrator is not authorized to award punitive 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.
- The Company may make a written settlement offer anytime before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of the Company’s last written settlement offer made before an arbitrator was selected (or if the Company did not make a settlement offer before an arbitrator was selected), then the Company will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.