Effective May 25, 2018 for current users, and upon acceptance for new users.
This Agreement is between you ("you" or "your"), as an authorized user of the Services (as defined below), and Catch Curve™, Inc. ("Catch Curve"), 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. BY DOWNLOADING, INSTALLING, OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS. SHOULD YOU NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, YOU MUST IMMEDIATELY UNINSTALL THIS APPLICATION AND DISCONTINUE USE OF THE SERVICES.
Your Services are provided to you and you are legally a customer of (i) Catch Curve if you are local to the United States and (ii) j2 Ireland if you are outside of the U.S. You will receive your billing statements, however, from Catch Curve if you purchased the Services through the FaxDocument Website and from j2 Global, Inc. if you purchased the Services through a third party website or application.
This Agreement includes the terms of this Customer 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. This Agreement constitutes the entire agreement between the Company and you regarding the Services, and supersedes all prior oral and written communications and agreements between you and the Company regarding the subject matter of this Agreement.
For purposes of this Agreement, the "Services" include the FaxDocumen™ service, Company software applications, the FaxDocument Website (as defined herein) and all other services described in this Agreement which are provided by the Company to you either now or in the future.
For Canadian Customers: Please note that when you place an order to purchase on the FaxDocument Website, FaxDocument application or a third-party website or application, it constitutes an offer to purchase and remains subject to the Company's acceptance. Goods or services listed or described on the FaxDocument Website constitute an invitation to make an offer to purchase.
If you begin but fail to complete the sign up process for the Services, the Company may contact you in an effort to help you sign up for the Services or another service of the Company or its affiliates. You hereby authorize the Company and its affiliates to make such contact, even if you ultimately determine not to sign up for any the Company or affiliate service.
The Company offers the Services in two packages described on its website www.faxdocument.com (together with other websites owned and operated by the Company, the "FaxDocument Website").
Individually, the Services are: (i) FaxDocument 25 fax package ("25 Fax Package"), which allows you to send up to twenty-five (25) faxes from the FaxDocument Website or software applications provided by the Company; and (ii) FaxDocument 50 fax package ("50 Fax Package"), which allows you to send up to fifty (50) faxes from the FaxDocument Website or software applications provided by the Company; and (iii) various other services and features included in the 25 Fax Package and 50 Fax Package as described further in this Agreement (collectively the "Packages").
(a) Each Service package provides you with a specified allotment of outbound faxes for a flat fee and is valid until you exhaust that allotment. Each plan option is directly associated with a specific flat fee. Usage terms for the tiers of FaxDocument service are as follows:
(1) FaxDocument 25 Fax Package: Once you select and pay for the 25 Fax Package, you may send up to twenty-five (25) outbound faxes from the FaxDocument Website or software applications provided by the Company. Outbound faxes are limited to a size of 19 megabytes. In the event that a fax exceeds this size limit, the fax may not be sent.
(2) FaxDocument 50 Fax Package: Once you select and pay for the 50 Fax Package, you may send up to fifty (50) outbound faxes from the FaxDocument Website or software applications provided by the Company. Outbound faxes are limited to a size of 19 megabytes. In the event that a fax exceeds this size limit, the fax may not be sent.
If you are a current subscriber to at least one paid service of the Company or an affiliated company at standard (non-discounted) pricing (a "Qualifying Service"), the Company or an affiliated company may offer, in its sole discretion, a subscription to one or more additional paid services at a discount (each a "Discounted Service"). This discount would only be available for new subscriptions to a Discounted Service, and specifically not to the purchase of additional quantities or different service tiers of existing service subscriptions.
In addition, if you are an existing subscriber of one paid service of the Company or affiliated company Internet fax service, you would not be eligible for a discount by subscribing to a different brand of the Company or affiliated company Internet fax service. For example, no discount would be available by upgrading from the 25 Fax Package to the 50 Fax Package tier of service.
The Company, in its sole discretion, reserves the right to eliminate the discount described in this section: (i) immediately and without notice upon cancellation of any Qualifying Service, or (ii) at any time upon notice for any other reason whatsoever.
Business Customers Only:
If you are a Business Customer and the Services involve the processing of personal data which is subject to the General Data Protection Regulation (EU) 2016/679, the “ GDPR”), j2 Global Ireland Limited is a processor and you are the controller in relation to such personal data (as defined in the GDPR), which is processed pursuant to this Agreement.
You retain control over the content of the faxes, and as such the types of personal data that are subject to processing cannot be categorised by j2 Global Ireland Limited in these terms and conditions. It is assumed such personal data may include all categories of personal data relating to customer’s, or its customer’s own clients, customers, suppliers, employees, other personnel and/or other data subjects.
As processor, j2 Global Ireland Limited shall, in relation to personal data (as defined in the GDPR) provided by you or generated arising from the performance of the Services under this Agreement:
(a) process such personal data in accordance with these terms and conditions and otherwise comply with your documented (including email) instructions in connection with such processing. Where such instructions are provided orally, we shall keep a record of these. If at any point, j2 Global Ireland Limited becomes unable to comply with your instructions regarding the processing of personal data (whether as a result of a change in applicable law, or a change in your instructions, or for any other reason), j2 Global Ireland Limited shall promptly:
(i) notify you of such inability, to the extent permitted by applicable law; and
(ii) cease all processing of the affected personal data (other than merely storing and maintaining the security of the affected personal data) until such time as you issue new instructions with which j2 Global Ireland Limited is able to comply.
(b) ensure personal data are kept confidential; (ii) take reasonable steps to ensure the reliability and trustworthiness of j2 Global Ireland Limited’s personnel and any subprocessors, and (iii) take reasonable steps to ensure that all relevant j2 Global Ireland Limited personnel, and any relevant subprocessors, have committed themselves to ensuring the confidentiality of all personal data that they process;
(c) ensure that, in each instance in which j2 Global Ireland Limited engages a subprocessor, it shall notify you and : (i) allow you a reasonable opportunity to object to the appointment of that subprocessor (and your authorisation is deemed to be granted if you do not object within thirty (30) days of being notified of the proposed subprocessor); and (ii) enter into a binding written agreement with the subprocessor that imposes on the subprocessor the same obligations that apply to j2 Global Ireland Limited under this Agreement with respect to the processing of personal data; subject to compliance with the foregoing, you hereby generally authorise j2 Global Ireland Limited to engage sub-processors in relation tothe Services.
(d) at your request and sole expense, promptly provide you with all reasonable technical and organisational assistance (taking into account the nature and functionality of the Services) necessary to respond appropriately to requests from individuals to exercise their rights under the GDPR;
(e) at your request and sole expense, promptly provide you with all reasonable assistance necessary to enable you to: (i) notify relevant breaches of the GDPR to the relevant authorities and/or affected individuals; (ii) conduct data protection impact assessments, where required; and (iii) obtain any necessary authorisations from any relevant regulatory authorities;
(g) at your request and sole expense (including j2 Global Ireland Limited’s reasonable fees and expenses): (i) promptly provide you with all information necessary to enable you to demonstrate compliance with your obligations under the GDPR, to the extent that j2 Global Ireland Limited is able to provide such information; and (ii) allow for and contribute to audits, including inspections, conducted by you your auditors or appointees, provided that such audit shall be during regular business hours, with reasonable advance notice to [j2 Global Ireland Limited and subject to reasonable confidentiality procedures. Before the commencement of any such audit, the parties shall mutually agree upon the scope, timing, and duration of the audit. You may not audit j2 Global Ireland Limited more than once annually;
(h) notify you without undue delay in the event of: (i) becoming aware of any personal data breach; or (ii) receipt of any correspondence or communication from any individual, regulatory authority or third party regarding the processing of personal data; and
(i) apply appropriate technical and security measures to protect any such personal data against unauthorised or unlawful processing and against accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to such personal data.
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 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, securities or false advertising). You agree: (i) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (ii) not to use the Services for any illegal purpose; (iii) not to interfere with or disrupt networks connected to the Services; (iv) to comply with all regulations, policies and procedures of networks connected to the Services; (v) 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; (vi) not to use the Services or related software to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (vii) not to transmit or upload 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 or upload 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 orregulation.
The Services make use of the Internet for you to send 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 activity making use of distribution lists to any person who has not given specific permission to be included in such a process or on such list. You 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. You further agree not to use the Services to store (i) any "protected health information" (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (ii) any other type of information that imposes independent obligations upon the Company.
You must (i) 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; (ii) maintain the security of your password and other confidential information relating to your Services account; (iii) immediately notify the Company of any unauthorized use of your account or any other breach of security known to you; and (iv) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence. You are fully responsible for disclosing any breach of computerized data to the relevant person, business or government agency.
a. Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act of 1991 (TCPA) (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.pdf) and in the European Union under the Privacy and Electronic Communications Regulations 2003, 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. 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.
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.
Either you or the Company may terminate your account, Package or Services at any time, with or without cause, upon notice. Upon termination of your account, the Company will send you an email confirming that your account has been canceled. In the event of any cancellation by you, you shall not be entitled to any refund from the Company and shall pay the full amount due under the Package purchased. The Company reserves the right to terminate or suspend your Services without prior notice for any reason; provided that the Company will attempt to confirm such termination or suspension by subsequent notice.
Your Package shall automatically terminate when you have sent the total number of faxes allowed under the purchased Package. In order to send additional faxes, you must purchase another Package.
The Company may automatically terminate or suspend your FaxDocument account without notice if you or an intermediary blocks or filters any emails sent by or on behalf of the Company to the email account(s) associated with your FaxDocument account.
Upon termination of your Services for any reason, Company, its affiliates or suppliers reserve the right to delete all your data, files, electronic messages, or other information that is stored on Company's, its affiliates', or its suppliers' servers or systems. Company shall have no liability whatsoever as the result of the loss of any such data.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, 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, without limitation, minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
The Company may automatically amend this Agreement at any time by (i) posting a revised Customer Agreement on the FaxDocument Website, or (ii) sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE FAXDOCUMENT WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUED USE OF 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 the Company.
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. The Company may require that you download and install updates to the Services from time to time. You acknowledge and agree that the Company has no obligation to make the Services available to you, make any subsequent versions of the Services available to you or to continue to support the Services in any way.
You may change your password from the FaxDocument Website. You are entirely responsible for maintaining the confidentiality of your password and account information.
a. ALL OF THE COMPANY'S SOFTWARE AND THE SERVICES ARE PROVIDED "AS IS," AND NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, 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 THE COMPANY'S SOFTWARE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE COMPANY'S SOFTWARE OR THE SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS AFFILIATES, 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.
b. YOUR USE OF ALL OF THE COMPANY'S SOFTWARE AND THE SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING, UPLOADING, AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING THE COMPANY'S SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY OR ITS AFFILIATES, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR FILES UPLOADED, HOSTED OR TRANSMITTED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ARISING UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ADDITION, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES, WHETHER DIRECT OR INDIRECT (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES), ARISING OUT OF THE SOFTWARE OR SERVICES, OR YOUR USE OF OR INABILITY TO USE THE COMPANY'S SOFTWARE OR THE 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 AFFILIATE, LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE COMPANY'S SOFTWARE AND THE SERVICES 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 THE 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 AFFILIATES, 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.
c. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES, 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 AFFILIATE'S, LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE TO YOUR EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
d. 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 SERVICES OR ANY OTHER SERVICES OF THE COMPANY OR ITS AFFILIATES.
a. Pricing Plans:
You agree to pay all charges for your use of the Services in accordance with the Package pricing you purchased and agreed to upon registering for the Services. The Company reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Services as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Services, including Discounted Services.
The Company may amend your pricing plan, including any charges thereto, at any time either by (i) posting pricing plan changes on the FaxDocument Website, or (ii) sending information regarding the pricing plan changes to the email address you provided to the Company. You are responsible for regularly reviewing such pricing information. Continued use of the Services, or non-termination of your account, after changes are either posted or emailed to you constitutes your acceptance of the prices as modified. The Company reserves the right to change or discontinue a pricing plan at any time.
If you have questions regarding any charges that have been applied to your account, you must contact the Company's Customer Service Department within thirty (30) days of the charge date. Failure to do so will waive your ability to dispute such charges. Failure to use your account will not be deemed a basis for refusing to pay any charges.
b. Payment for Services:
Your one-time Package fee is payable in advance and is COMPLETELY NON-REFUNDABLE.
Your Package fees must be made by the credit or debit card(s) designated by you upon purchase. If the payment method for your Services account is by credit or debit card and payment is not received by the Company from the card issuer or its agent or affiliate, you agree to pay all amounts due upon demand by the Company. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that the applicable payment processor is authorized to charge your designated card(s) on behalf of Company. The Company shall not store any credit or debit information. Your card issuer's agreement governs your use of your designated card in connection with payment for the Services, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder.
c. Viewing Your Account Balance: To view your current account balance, along with billing details and any accumulated charges, please click on "Billing" after logging in to the FaxDocument Website.
d. Usage and/or Account Credit Balances. The Company may, from time to time, award you a credit applied to your FaxDocument Services usage and/or account balance, which is a non-refundable credit. FaxDocument Services usage and/or account credit balances have no cash value. Usage and/or Account credit balances will expire on the earlier of (i) termination of your account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer.
The Company reserves the right to suspend or terminate your account and associated Services without notice upon rejection of any credit or debit 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, applications, technologies, trademarks, trade names, inventions and materials comprising any portion of the Services are wholly owned by the Company, its affiliates and/or its licensors and service providers except where expressly stated otherwise. You may not use the Company's or its affiliates' trademarks, trade names, patents, copyrights or other intellectual property rights without the Company's prior written permission.
You agree to indemnify the Company and each of its affiliates, 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 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 fax advertisements.
You are prohibited from selling, reselling, renting or leasing the use of the Services.
You may correspond with or participate in promotions of advertisers showing their products via the Services. Any such correspondence or participation, 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.
Notices given by the Company to you will be given by email, by a general posting on the FaxDocument Website or by conventional mail. In any matter requiring the Company's prior consent, such consent will be considered given only if made in writing 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 Catch Curve, Inc., 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, U.S.A.
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY'S SOFTWARE AND THE 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 THE COMPANY'S 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 THE CITY AND COUNTY OF LOS ANGELES; 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 whether by direct assignment, by operation of law or otherwise, 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 commercially available computer hardware, software or filtering services) 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 fax or email messages received through the Services.
Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:
a. Pricing Information. Current rates for using the Services may be obtained on the FaxDocument Website or by calling the Company's Customer Service Department. The Company reserves the right to change fees, surcharges and monthly fees or to institute new fees at any time.
b. 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.
a. 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's software, the FaxDocument 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.
b. 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: Catch Curve, Inc., ATTN: Legal Department, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, 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.
c. 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.
d.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.
e. 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.