Welcome to the BearFax.com website, owned and operated by Bear Fax, Inc. (hereinafter referred to as “BearFax”, “we” or “us”). These Terms and Conditions of Service (the “Terms of Service”) apply to the website BearFax.com (including any versions optimized for viewing on wireless or tablet devices) (“Website”), and to the Internet-based facsimile (“fax”) transmission services provided by BearFax on the Website (the “Fax Services”). These Terms of Service do not apply to any website owned or controlled by BearFax that does not link to it. BY USING THE WEBSITE AND FAX SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR FAX SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE OR FAX SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY.
Service and Content Details. The Website provides Internet-based outbound Fax Services. Details of the Fax Services available for free or for purchase via the BearFax.com Website are set forth on that Website. All prices are displayed inclusive of all taxes. All features, Content (defined below), specifications, Fax Services, and prices described or depicted on the Website are subject to change at any time without notice. The inclusion of any Content or Fax Services on the Website at a particular time does not imply or warrant that such Content or Fax Services will be available at any or all times. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on the Website. In addition, we may make changes in information about price and availability of the Website or Fax Services without notice.
Licenses. BearFax grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Website and the Fax Services, as well as the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). This license does not include: (i) any resale or commercial use of the Fax Services or the Content; (ii) any derivative use of the Fax Services or the Content; (iii) any downloading or copying of Content for the benefit of a third party; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. Neither the Fax Services nor the Content may be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without BearFax’ express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of BearFax, its content providers or its affiliates without express written consent. You will not use any meta-tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Copyright and Ownership. All elements of the Website, including, without limitation, the general design and the Content, are owned by BearFax, its licensors, vendors, agents and/or its Content providers, and are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website and the Fax Services may only be used for the intended purpose for which such Website and the Fax Services are being made available. You may not modify any Content, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. The Website, the Content, and all related rights will remain the exclusive property of BearFax or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Trademarks. All trademarks, service marks and trade names of BearFax used on the Website and the Fax Services (including, but not limited to, BearFax’s name and logo, the Fax Services’ name, design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of BearFax or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of messages and materials through the Fax Services, without BearFax's prior written consent. Other than as expressly permitted by these Terms of Service, the use of the Marks on any other website or network computer environment is not allowed.
Unauthorized Use of the Fax Services. You are prohibited from using the Website and/or the Fax Services for the following purposes:
to send or transmit any unlawful, threatening, defamatory, fraudulent, libelous, obscene, pornographic or profane messages or material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
to send or transmit any messages or material that violates any third party’s rights, including intellectual property rights, privacy rights, or rights of publicity;
to send or transmit any advertisements, chain letters, bulk faxes, or junk faxes; or
to send or transmit faxes using any automated means, including, but not limited to, the use of a bot, script, or macro.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. You are solely responsible for any messages, information, or material that you transmit using the Fax Services (“Fax Transmissions”). Under no circumstances will BearFax be liable in any way for any loss or damages of any kind incurred as a result of any Fax Transmissions. We may fully cooperate with law enforcement, in accordance with our Privacy Policy. BearFax reserves the right, but does not have an obligation, to monitor or review all Fax Transmissions.
Website Submitted Materials. We are concerned about ensuring the security of your information and take certain security measures to help protect such information. Please understand, however, that while we try our best to safeguard your information and the confidentiality of your communications transmitted through the Website, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure, and BearFax cannot assume responsibility for the confidentiality or secrecy of any information, correspondence, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials sent to BearFax or via the Website ("Website Submitted Materials"). You need to help protect the privacy of your own information. You must take precautions to protect the security of any information that you transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized interception of your information. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks. BearFax is not responsible for any information provided by you to third parties, and third party use of any such information is not subject to the privacy provisions in our Privacy Policy. Please consult our Privacy Policy for information about instances in which BearFax may use or disclose information that you submit via the Website.
Fees. BearFax may offer free or paid versions of the Fax Services, as stated in Section 1 above. BearFax uses a third-party payment processor to process payments for use of paid versions of the Fax Services. By purchasing such Fax Services, you authorize BearFax to disclose your information and payment instructions to the payment processor, and agree to be bound by the current version of processor’s privacy policy and terms of service. Information about BearFax’s current payment processor is available here. If you fail to pay applicable charges for use of the Fax Services, BearFax may terminate your access to, and use of, the Fax Services, and may pursue all available remedies under the law.
General Representations and Warranties. You represent that you are 18 years old or older, have the right and authority to enter into these Terms of Service as a legally binding agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Website and the Fax Services is and will be in compliance with all applicable laws. In connection with your use of the Website and the Fax Services, you submit, you affirm, represent and warrant the following: (i) if necessary, you have the consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Website or the Fax Services; (ii) you have read, understood, agree with, and will abide by these Terms of Service; (iii) you are not, and have not been an agent of BearFax and were not and are not acting on behalf of, or as a representative of BearFax; and (iv) Fax Transmissions, the Website Submitted Materials, and BearFax’s use thereof will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity.
Territory. BearFax makes no promise that the Website or the Fax Services are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Website and/or the Fax Services from territories where its Content is illegal or unlawful is prohibited. If you choose to access the Website and/or the Fax Services from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to your use of the Website and/or the Fax Services.
Hyperlinks. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (i) the hyperlinks only incorporate text, and do not use any BearFax or BearFax.com logo or graphic, (ii) the hyperlinks do not suggest any affiliation with BearFax or BearFax.com, or cause any other confusion, (iii) the hyperlinks do not portray BearFax, the Website or Fax Services in a false, misleading, derogatory, or otherwise offensive matter, and (iv) the hyperlinks are not on a website that contains content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, that violates any right of any third party, or is otherwise objectionable to BearFax. Any permitted hyperlinks to the Website must comply will all applicable laws, rules, and regulations. BearFax reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Third Party Links. The Website may contain links to websites that are not owned, operated or controlled by BearFax or any affiliate. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website and/or the Fax Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website and/or the Fax Services or any activities conducted on the Website and/or the Fax Services; or (iii) bypass any measures we may use to prevent or restrict access to the Website and/or the Fax Services.
Force Majeure. Neither you nor BearFax will be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond your or BearFax’s reasonable control (as applicable), including: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing, or boycotts.
DISCLAIMERS. Your use of THE WEBSITE AND/OR The FAX SERVICES is at your risk. THE INFORMATION, MATERIALS AND FAX SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND FAX SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BearFax NOR ANY OF ITS AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS, OR FAX SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE CONTENT, INFORMATION, MATERIALS, AND FAX SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER BearFax, NOR ANY OF ITS AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS, OR FAX SERVICES. EXTERNAL FACTORS BEYOND BearFax’S CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET SERVICE INTERRUPTIONS, MAY INTERFERE WITH THE OPERATION OR AVAILABILITY OF THE WEBSITE OR THE FAX SERVICES, AND BearFax DOES NOT COMMIT TO OR WARRANT THE AVAILABILITY OF THE WEBSITE OR THE FAX SERVICES AT ANY TIME. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BearFax OR THROUGH THE WEBSITE,OR BearFax’S PRODUCTS OR FAX SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. BearFax does not assume any responsibility and will not be liable for any damages to or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use or browsing of the Website or the Fax Services, from your downloading of any information or materials from the Website, from your Fax Transmissions, or your submission of Website Submitted Materials. IN NO EVENT WILL BearFax OR ANY OF ITS AFFILIATES NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE AND THE FAX SERVICES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE OR THE FAX SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BearFax WILL NOT BE LIABLE FOR ANY FAX TRANSMISSIONS OR WEBSITE SUBMITTED MATERIALS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR THE FAX SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE AND THE FAX SERVICES. IN NO EVENT WILL BearFax'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US .00).
Indemnity. You agree to defend, indemnify and hold BearFax and any affiliated entity or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website and/or the Fax Services, any Fax Transmissions, or the submission of Website Submitted Materials by you or your authorized users; (ii) your violation of any term of these Terms of Service or the BearFax.com Privacy Policy , including your breach of any of the representations and warranties set forth herein; (iii) your violation of any third party right, including any right of privacy, publicity rights or other intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any claim for damages that arise as a result of any Fax Transmissions or Website Submitted Materials.
Release. In the event that you have a dispute with one or more other users of the Website and/or the Fax Services or another third-party, you release BearFax and our and any affiliated company or individuals from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Termination. Either party may suspend or terminate your use of the Website or the Fax Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Website or the Fax Services in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
General. Any claim arising from or relating to the use of the Website, the Fax Services, these Terms of Service, or any other aspect of your relationship with BearFax is governed by the laws of the state of Oregon You consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by BearFax in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The term “including” is to be construed to mean “without limitation.” Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Survival. Paragraphs 12 (Access and Interference), 14 (Disclaimers), 15 (Limitations of Liability), 16 (Indemnity), 17 (Release), 19 (General) and this Paragraph 20 (Survival), will survive the expiration or termination of these Terms of Service.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. BearFax has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. BearFax has adopted a policy that provides for the immediate removal of any Content or the suspension of any user that is found to have infringed on the rights of BearFax or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Terms of Service. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
Name:
Noah Barr
CEO
2565 Leghorn St
Mountain View, CA 94043
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed;
Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
Your address, telephone number, and email address; and
Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Entire Agreement. The Terms of Service and BearFax.com’s Privacy Policy constitute the entire agreement between the user and BearFax with respect to the Website and the Fax Services, and supersede any prior understandings or agreements (written or oral).
Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@BearFax.com.
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Terms and Conditions of Service
Last Updated: June 1 2016
Welcome to the BearFax.com website, owned and operated by Bear Fax, Inc. (hereinafter referred to as “BearFax”, “we” or “us”). These Terms and Conditions of Service (the “Terms of Service”) apply to the website BearFax.com (including any versions optimized for viewing on wireless or tablet devices) (“Website”), and to the Internet-based facsimile (“fax”) transmission services provided by BearFax on the Website (the “Fax Services”). These Terms of Service do not apply to any website owned or controlled by BearFax that does not link to it. BY USING THE WEBSITE AND FAX SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE OR FAX SERVICES AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE WEBSITE OR FAX SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF SERVICE WILL APPLY RETROACTIVELY.
Service and Content Details. The Website provides Internet-based outbound Fax Services. Details of the Fax Services available for free or for purchase via the BearFax.com Website are set forth on that Website. All prices are displayed inclusive of all taxes. All features, Content (defined below), specifications, Fax Services, and prices described or depicted on the Website are subject to change at any time without notice. The inclusion of any Content or Fax Services on the Website at a particular time does not imply or warrant that such Content or Fax Services will be available at any or all times. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness or accuracy of any information on the Website. In addition, we may make changes in information about price and availability of the Website or Fax Services without notice.
Licenses. BearFax grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal, non-commercial use of the Website and the Fax Services, as well as the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). This license does not include: (i) any resale or commercial use of the Fax Services or the Content; (ii) any derivative use of the Fax Services or the Content; (iii) any downloading or copying of Content for the benefit of a third party; or (iv) any use of data mining, robots, or similar data gathering and extraction tools. Neither the Fax Services nor the Content may be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without BearFax’ express written consent. You will not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of BearFax, its content providers or its affiliates without express written consent. You will not use any meta-tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
Copyright and Ownership. All elements of the Website, including, without limitation, the general design and the Content, are owned by BearFax, its licensors, vendors, agents and/or its Content providers, and are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website and the Fax Services may only be used for the intended purpose for which such Website and the Fax Services are being made available. You may not modify any Content, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. The Website, the Content, and all related rights will remain the exclusive property of BearFax or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Trademarks. All trademarks, service marks and trade names of BearFax used on the Website and the Fax Services (including, but not limited to, BearFax’s name and logo, the Fax Services’ name, design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of BearFax or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of messages and materials through the Fax Services, without BearFax's prior written consent. Other than as expressly permitted by these Terms of Service, the use of the Marks on any other website or network computer environment is not allowed.
Unauthorized Use of the Fax Services. You are prohibited from using the Website and/or the Fax Services for the following purposes:
to send or transmit any unlawful, threatening, defamatory, fraudulent, libelous, obscene, pornographic or profane messages or material, or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law; to send or transmit any messages or material that violates any third party’s rights, including intellectual property rights, privacy rights, or rights of publicity; to send or transmit any advertisements, chain letters, bulk faxes, or junk faxes; or to send or transmit faxes using any automated means, including, but not limited to, the use of a bot, script, or macro.
In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation. You are solely responsible for any messages, information, or material that you transmit using the Fax Services (“Fax Transmissions”). Under no circumstances will BearFax be liable in any way for any loss or damages of any kind incurred as a result of any Fax Transmissions. We may fully cooperate with law enforcement, in accordance with our Privacy Policy. BearFax reserves the right, but does not have an obligation, to monitor or review all Fax Transmissions.
Website Submitted Materials. We are concerned about ensuring the security of your information and take certain security measures to help protect such information. Please understand, however, that while we try our best to safeguard your information and the confidentiality of your communications transmitted through the Website, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure, and BearFax cannot assume responsibility for the confidentiality or secrecy of any information, correspondence, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials sent to BearFax or via the Website ("Website Submitted Materials"). You need to help protect the privacy of your own information. You must take precautions to protect the security of any information that you transmit over any public or untrusted network by using encryption and other techniques to prevent unauthorized interception of your information. You are responsible for the security of your information when using unencrypted, public or otherwise unsecured networks. BearFax is not responsible for any information provided by you to third parties, and third party use of any such information is not subject to the privacy provisions in our Privacy Policy. Please consult our Privacy Policy for information about instances in which BearFax may use or disclose information that you submit via the Website. Fees. BearFax may offer free or paid versions of the Fax Services, as stated in Section 1 above. BearFax uses a third-party payment processor to process payments for use of paid versions of the Fax Services. By purchasing such Fax Services, you authorize BearFax to disclose your information and payment instructions to the payment processor, and agree to be bound by the current version of processor’s privacy policy and terms of service. Information about BearFax’s current payment processor is available here. If you fail to pay applicable charges for use of the Fax Services, BearFax may terminate your access to, and use of, the Fax Services, and may pursue all available remedies under the law.
General Representations and Warranties. You represent that you are 18 years old or older, have the right and authority to enter into these Terms of Service as a legally binding agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the Website and the Fax Services is and will be in compliance with all applicable laws. In connection with your use of the Website and the Fax Services, you submit, you affirm, represent and warrant the following: (i) if necessary, you have the consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Website or the Fax Services; (ii) you have read, understood, agree with, and will abide by these Terms of Service; (iii) you are not, and have not been an agent of BearFax and were not and are not acting on behalf of, or as a representative of BearFax; and (iv) Fax Transmissions, the Website Submitted Materials, and BearFax’s use thereof will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights, and rights of publicity.
Territory. BearFax makes no promise that the Website or the Fax Services are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Website and/or the Fax Services from territories where its Content is illegal or unlawful is prohibited. If you choose to access the Website and/or the Fax Services from locations outside the Territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to your use of the Website and/or the Fax Services.
Hyperlinks. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (i) the hyperlinks only incorporate text, and do not use any BearFax or BearFax.com logo or graphic, (ii) the hyperlinks do not suggest any affiliation with BearFax or BearFax.com, or cause any other confusion, (iii) the hyperlinks do not portray BearFax, the Website or Fax Services in a false, misleading, derogatory, or otherwise offensive matter, and (iv) the hyperlinks are not on a website that contains content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, that violates any right of any third party, or is otherwise objectionable to BearFax. Any permitted hyperlinks to the Website must comply will all applicable laws, rules, and regulations. BearFax reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
Third Party Links. The Website may contain links to websites that are not owned, operated or controlled by BearFax or any affiliate. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website and/or the Fax Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Website and/or the Fax Services or any activities conducted on the Website and/or the Fax Services; or (iii) bypass any measures we may use to prevent or restrict access to the Website and/or the Fax Services.
Force Majeure. Neither you nor BearFax will be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond your or BearFax’s reasonable control (as applicable), including: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including strikes, slowdowns, picketing, or boycotts.
DISCLAIMERS. Your use of THE WEBSITE AND/OR The FAX SERVICES is at your risk. THE INFORMATION, MATERIALS AND FAX SERVICES PROVIDED ON OR THROUGH THE WEBSITE AND FAX SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BearFax NOR ANY OF ITS AFFILIATES WARRANTS THE ACCURACY OR COMPLETENESS OF THE CONTENT, INFORMATION, MATERIALS, OR FAX SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE CONTENT, INFORMATION, MATERIALS, AND FAX SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER BearFax, NOR ANY OF ITS AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH CONTENT, INFORMATION, MATERIALS, OR FAX SERVICES. EXTERNAL FACTORS BEYOND BearFax’S CONTROL, INCLUDING, BUT NOT LIMITED TO, INTERNET SERVICE INTERRUPTIONS, MAY INTERFERE WITH THE OPERATION OR AVAILABILITY OF THE WEBSITE OR THE FAX SERVICES, AND BearFax DOES NOT COMMIT TO OR WARRANT THE AVAILABILITY OF THE WEBSITE OR THE FAX SERVICES AT ANY TIME. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BearFax OR THROUGH THE WEBSITE,OR BearFax’S PRODUCTS OR FAX SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY. BearFax does not assume any responsibility and will not be liable for any damages to or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use or browsing of the Website or the Fax Services, from your downloading of any information or materials from the Website, from your Fax Transmissions, or your submission of Website Submitted Materials. IN NO EVENT WILL BearFax OR ANY OF ITS AFFILIATES NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE AND THE FAX SERVICES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE OR THE FAX SERVICES, ANY WEBSITES LINKED TO THE WEBSITE, OR THE CONTENT, MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT BearFax WILL NOT BE LIABLE FOR ANY FAX TRANSMISSIONS OR WEBSITE SUBMITTED MATERIALS, OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR THE FAX SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE AND THE FAX SERVICES. IN NO EVENT WILL BearFax'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED TWENTY FIVE DOLLARS (US .00).
Indemnity. You agree to defend, indemnify and hold BearFax and any affiliated entity or individuals harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website and/or the Fax Services, any Fax Transmissions, or the submission of Website Submitted Materials by you or your authorized users; (ii) your violation of any term of these Terms of Service or the BearFax.com Privacy Policy , including your breach of any of the representations and warranties set forth herein; (iii) your violation of any third party right, including any right of privacy, publicity rights or other intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; or (v) any claim for damages that arise as a result of any Fax Transmissions or Website Submitted Materials.
Release. In the event that you have a dispute with one or more other users of the Website and/or the Fax Services or another third-party, you release BearFax and our and any affiliated company or individuals from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Termination. Either party may suspend or terminate your use of the Website or the Fax Services at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to the Website or the Fax Services in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
General. Any claim arising from or relating to the use of the Website, the Fax Services, these Terms of Service, or any other aspect of your relationship with BearFax is governed by the laws of the state of Oregon You consent to the exclusive jurisdiction of the state and federal courts located in Multnomah County, Oregon. A printed version of these Terms of Service will be admissible in judicial and administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by BearFax in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The term “including” is to be construed to mean “without limitation.” Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Survival. Paragraphs 12 (Access and Interference), 14 (Disclaimers), 15 (Limitations of Liability), 16 (Indemnity), 17 (Release), 19 (General) and this Paragraph 20 (Survival), will survive the expiration or termination of these Terms of Service.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. BearFax has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. BearFax has adopted a policy that provides for the immediate removal of any Content or the suspension of any user that is found to have infringed on the rights of BearFax or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Terms of Service. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
Name: Noah Barr CEO 2565 Leghorn St Mountain View, CA 94043
Please provide the following notice:
Identify the copyrighted work or other intellectual property that you claim has been infringed; Identify the material on the Website that you claim is infringing, with enough detail so that we may locate it on the Website; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; Your address, telephone number, and email address; and Your physical or electronic signature.
We may give notice to our users of any infringement notice by means of a general notice on any of the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
Your physical or electronic signature; Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Entire Agreement. The Terms of Service and BearFax.com’s Privacy Policy constitute the entire agreement between the user and BearFax with respect to the Website and the Fax Services, and supersede any prior understandings or agreements (written or oral).
Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact our Customer Service Department by email at support@BearFax.com.
Copyright Notice. All design, graphics, text selections, arrangements, and software of the Website and the Fax Services are Copyright © 2017, Bear Fax, Inc. ALL RIGHTS RESERVED.