Last Updated: October 11, 2021. Effective upon acceptance for new users.
THIS AGREEMENT CONTAINS A CLASS ACTION WAIVER AND ARBITRATION CLAUSE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU MAY USE THIS SERVICE ONLY IN YOUR PERSONAL CAPACITY AS A PATIENT IN THE UNITED STATES. USE OF THE SERVICES FOR ANY OTHER REASON, INCLUDING BUT NOT LIMITED TO AS A BUSINESS OPERATING AS A HEALTH PLAN, HEALTH CARE CLEARINGHOUSE OR HEALTH CARE PROVIDER, OR IN ANY LOCATION OUTSIDE THE UNITED STATES IS PROHIBITED. PLEASE REVIEW IT CAREFULLY.
This Agreement, which governs the terms and conditions of your use of the MyHealth Inbox services, is between you (“you” or “your”), as an authorized user of the Services (as defined below), and Consensus Cloud Solutions, LLC (“Consensus US”), a Delaware limited liability company, with offices at 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, and governs the terms and conditions of your use of the Services. By using the Services, you further confirm your acceptance of and agree to be bound by this Agreement.
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. However, your use of any software provided by the Company related to the Services shall be pursuant to a separate agreement governing use by you of such software.
For purposes of this Agreement, the “Services” include the MyHealth Inbox service and all other services described in this Agreement which are provided by the Company to you either now or in the future.
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 Company or affiliate service.
1. Services Description
The Company offers the Services at its website www.MyHealthInbox.com (together with other websites owned and operated by the Company, the “MyHealth Inbox Website” or “Company Website”). The Service includes but is not limited to a geographic, remote MyHealth Inbox Phone Number (“Service Number”) that provides for the delivery of a limited number of faxes to email, the MyHealth Inbox Website or software applications provided by the Company.
2. Service Usage Terms
You may receive but not send faxes, subject to other restrictions in this Agreement. Your Service Number is not local to your location and is selected by the Company in its discretion. You will not be able to select or change your Service Number.
Most fax pages take less than sixty (60) seconds to transmit. However, for each transmission, the number of pages sent or received is calculated based on the greater of the actual number of pages or the number of full and partial 60-second increments of transmission or connection time, whether or not the transmission occurs or is completed (such as instances when someone answers the call or transmission is interrupted before completion). For example, a one page fax with a transmission duration of 30 seconds is recognized as one page and a one page fax with a transmission duration of one minute and six seconds is recognized as two pages.
The Company provides the Services as an accommodation to you and reserves the right to terminate your Services at any time without notice.
Each customer is limited to a single MyHealth Inbox account.
While your account is active, fax messages received via your Service Number will be stored and displayed in your MyHealth Inbox Message Center (“Message Center”).
Regardless of your level of service, you acknowledge that the Company may cease offering this feature or change its practices and/or limitations concerning this feature at anytime, including, without limitation, changing the maximum number of days that fax messages will be retained, the maximum number of messages stored at any one time and the maximum storage space allotted on the Company’s servers on your behalf. You further agree that the Company has no responsibility or liability whatsoever for any failure or malfunction of this feature, whether or not such failure prevents you from utilizing the feature, including but not limited to the storage or deletion of any faxes.
Upon account closure, all faxes connected with your account (including those stored in the Message Center) will be deleted. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
4. Intentionally Omitted
6. Customer Responsibilities
You may use the Services only as a patient receiving your own healthcare information. You are fully responsible for the contents of transmissions received through the Services. The Company simply acts as a passive conduit for you to 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, anti-discrimination, securities 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 any illegal purpose; (3) not to interfere with 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 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 or regulation. The Services make use of the Internet for you to receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not to use or reference the Services for chain letters, junk fax or junk mail, spamming or any 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 any regulated information that imposes independent obligations upon the Company.
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/password and other confidential information relating to your Services account; (c) immediately notify the Company of any unauthorized use of your account or any other breach of security known to you; and (d) 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.
7. Unsolicited Fax Advertisement/Spam Drop-Box Policy
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) (https://transition.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 and may be considered a material violation of this Agreement. The Company reserves the right to terminate the Agreement and purse other legal remedies available to it; or any combination of these remedies. 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.
If you believe that you are in receipt of an unsolicited fax advertisement, and if the fax contains a telephone number, fax number or other contact information to “unsubscribe” from receipt of additional junk faxes, please unsubscribe accordingly. Please contact customer service if you have questions regarding unsolicited fax advertisements.
You hereby acknowledge and agree that the Company has any and all rights (but no obligation) to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited fax advertisements—including, but not limited to, claims under the TCPA and similar laws of any other country, state or province—and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to the Company as consideration for its provision of the Services.
Because fax 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, on your fax number, facsimile advertisements of the commercial availability or quality of any property, goods or services from persons with whom you have not established a business relationship.
b. Spam Drop-Box Policy: The Company does not permit its customers to use Service Numbers as “drop-boxes” for responses to email or fax spam offers. If you believe you are in receipt of email, or fax, spam that uses a Service Number as a “drop-box” for responses, and 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 unsubscribe accordingly. Please contact customer service if you believe your Service Number has been used as a “drop-box.” The Company appreciates your assistance in enforcing and complying with these policies and looks forward to continuing to make your experience a positive one.
Either you or the Company may terminate your Services at any time, with or without cause, upon notice.
To cancel, please send an email to [email protected], with “Cancel my account” in the subject line, from the email addresses you used to sign up for services. If necessary a customer service representative may assist you with canceling your account in accordance with the Company’s verification procedures; as such procedures may be changed by the Company in its sole discretion. Upon termination of your account, the Company will send you an email confirming that your account has been canceled. Your account will not be deemed canceled unless and until you receive this email.
The Company reserves the right to terminate or suspend your Services at any time without prior notice or compensation for any reason; provided that the Company will attempt to confirm such termination or suspension by subsequent notice. The Company may automatically terminate or suspend your MyHealth Inbox account without notice if: (i) no faxes are received in your account during any continuous thirty (30) day period (for purposes of this determination, advertisements and informational messages sent by the Company are not considered faxes received); (ii) 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 account; or (iii) you opt out of receiving advertising messages sent to you by the Company or its affiliates.
Upon account closure, all faxes connected with your account (including those stored in the MyHealth Inbox Message Center) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
9. Customer Representations
You represent and warrant that you are an individual using the service to receive your own healthcare information and are not a business, and 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.
10. Modifications to Customer Agreement
The Company may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the MyHealth Inbox Website, or (b) sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE MYHEALTH INBOX 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.
11. Modifications to the 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.
12. Member Account, PIN/Password and Security
Once you become a registered user, your Service Number will be automatically sent to you by email. You may change your PIN/ password from the MyHealth Inbox Website. You are entirely responsible for maintaining the confidentiality of your PIN/ password and account information.
13. Disclaimer of Warranties and Limitation of Liability
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 AND 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 VIA THE LARGE FILE SEND FEATURE, 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 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 USE OF 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.
Your MyHealth Inbox is a free service, subject to the terms of this Agreement. If your account is changed to a paid service, the terms and conditions for that service, including any terms and conditions for charges and pricing, will apply.
15. No Retention of Faxes Upon Account Closure
Upon account closure, all faxes connected with your account (including those stored in the Message Center) will be immediately and permanently deleted. In addition, you understand and acknowledge that in the event the account is later reactivated, your prior or preferred fax number(s) may not be available. You agree that the Company has no responsibility or liability whatsoever for the foregoing.
All programs, services, processes, designs, software, 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.
17. Rules Regarding Service Numbers
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE SERVICE NUMBER(S) PROVIDED AS PART OF THE SERVICES ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICES UNLESS YOU SATISFY THE PROVISIONS IN SECTION 17 (a) BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH SERVICE NUMBER(S) IN ACCORDANCE WITH THIS AGREEMENT FOR THE LENGTH OF THE TERM OF THE AGREEMENT. YOU UNDERSTAND THAT THE COMPANY IS THE CUSTOMER OF RECORD OF ALL SERVICE NUMBER(S) PROVIDED AS PART OF THE SERVICES AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT TO SUCH SERVICE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF SUCH SERVICE NUMBER(S) (“PORTING” IS CAUSING OR ATTEMPTING TO CAUSE NUMBER(S) TO BE TRANSFERRED, SWITCHED OR OTHERWISE MOVED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY). AS THE CUSTOMER OF RECORD FOR ALL SERVICE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICES YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND IS THEREFORE NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY SERVICE NUMBER(S) PROVIDED UNLESS YOU SATISFY THE PROVISIONS IN SECTION 17 (a) BELOW. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO TRANSFER THE SERVICE NUMBER ASSIGNED TO YOU TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 17 (a) BELOW. IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE SERVICE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO U.S. $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT OR DEBIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE SERVICE NUMBER(S) TO BE RETURNED TO THE COMPANY. YOU AGREE THAT THIS PAYMENT REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF THE ACTUAL OR ANTICIPATED HARM, DAMAGES CAUSED AND ADMINISTRATIVE FEES INCURRED BY THE COMPANY FROM SUCH VIOLATION IN LIGHT OF THE DIFFICULTIES OF PROOF OF LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-U.S. JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE SERVICE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF THE SERVICE NUMBER(S) ASSIGNED TO YOU IS LOCATED IN SUCH A JURISDICTION.
Reassignment of Telephone Numbers
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICES FOR ANY REASON, THE SERVICE NUMBER(S) ASSIGNED TO YOU MAY BE IMMEDIATELY RE-ASSIGNED TO ANOTHER CUSTOMER. 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 OR OTHERWISE REMOVE THE SERVICE NUMBER(S) 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 OR REMOVAL OF THE SERVICE NUMBER(S) 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.
b. No Right to Charge Third-Party Services to Service Numbers
YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR, AT YOUR REQUEST, TO THE SERVICE 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 OR SUSPEND YOUR SERVICE ACCOUNT WITHOUT NOTICE.
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: (a) any violation of this Agreement by you or any other person using your account, (b) any claim of libel, defamation, violation of rights of privacy or publicity, (c) any loss of service by other customers, (d) any infringement of intellectual property or other rights of any third parties, and (e) 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.
19. No Resale Of The Services
You are prohibited from selling, reselling, renting or leasing the use of the Services.
20. Participation In Promotions Of Advertisers
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.
21. Notices and Consent
Notices given by the Company to you will be given by email, by a general posting on the Company 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 Consensus Cloud Solutions, LLC, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, U.S.A.
22. 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 THE COMPANY’S SOFTWARE AND THE SERVICES. THE U.N. 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 THE 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.
23. Legal Notices
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 Company 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.
24. CLASS ACTION WAIVER AND AGREEMENT TO ARBITRATE ALL DISPUTES
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&Rsquo;S Software, the Company 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: Consensus Cloud Solutions, LLC, 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.