A. This Policy
This Policy explains how we may Process your Personal Data. This Policy may be amended or updated from time to time, so please check it regularly for updates.
This Policy is issued by j2 Cloud Services, LLC on behalf of itself, its subsidiaries and its affiliates (including any entity lawfully trading under the MyHealth Inbox brand) . (together, “ Company”, “ we”, “ us” and “ our”) and is addressed to individuals outside our organisation with whom we interact, including customers, visitors to our Sites, users of our Apps, and other users of our services (together, “ you”).Defined terms used in this Policy are explained in Section (S) below.
For the purposes of this Policy, Company is the Controller. This Policy covers the information practices relating to Company websites for the MyHealth Inbox brand and MyHealth Inbox services (“Services”) offered now or in the future. Contact details are provided in Section (R) below.
This Policy may be amended or updated from time to time to reflect changes in our practices with respect to the Processing of Personal Data, or changes in applicable law. We encourage you to read this Policy carefully, and to regularly check this page to review any changes we might make in accordance with the terms of this Policy.
B. Collection of Personal Data
We may collect or obtain Personal Data about you: directly from you (e.g., where you contact us); in the course of our relationship with you (e.g., if you make a purchase); when you make your Personal Data public (e.g., if you make a public post about us on social media); when you download, install, or use any of our Apps; when you visit our Sites; when you register to use any of our Sites, Apps, or services; or when you interact with any third party content or advertising on a Site or in an App. We may also receive Personal Data about you from third parties (e.g., law enforcement authorities).
Collection of Personal Data: We may collect Personal Data about you from the following sources:
- Data you provide: We may obtain your Personal Data when you provide it to us (e.g., where you contact us via email or telephone, or by any other means, or when you provide us with your business card).
- Relationship data: We may collect or obtain your Personal Data in the ordinary course of our relationship with you (e.g., if you purchase a service from us).
- Data you make public: We may collect or obtain your Personal Data that you manifestly choose to make public, including via social media (e.g., we may collect information from your social media profile(s), if you make a public post about us).
- App data: We may collect or obtain your Personal Data when you download or use any of our Apps.
- Site data: We may collect or obtain your Personal Data when you visit any of our Sites or use any features or resources available on or through a Site.
- Registration details: We may collect or obtain your Personal Data when you use, or register to use, any of our Sites, Apps, or services.
- Content and advertising information: If you choose to interact with any third party content or advertising on a Site or in an App, we may receive Personal Data about you from the relevant third party.
- Third party information: We may collect or obtain your Personal Data from third parties who provide it to us (e.g., credit reference agencies; law enforcement authorities; etc.).
C. Creation of Personal Data
We may also create Personal Data about you, such as records of your interactions with us, and details of your purchase history for internal administration purposes and analysis.
D. Categories of Personal Data we may Process
We may Process: your personal details (e.g., your name); demographic data (e.g., your age); your contact details (e.g., your address); records of your consents; purchase details; payment details (e.g., your billing address); information about our Sites and Apps (e.g., the type of device you are using); details of your employer (where relevant); information about your interactions with our content or advertising; and any views or opinions you provide to us.
We may Process the following categories of Personal Data about you:
- Personal details: given name(s); preferred name; and photograph.
- Demographic information: gender; date of birth/age; nationality; salutation; job title/industry; and language preferences.
- Contact details: correspondence address; telephone number; email address; and details of your public social media profile(s).
- Consent records: records of any consents you may have given, together with the date and time, means of consent and any related information (e.g., the subject matter of the consent).
- Purchase details: records of purchases and prices.
- Payment details: invoice records; payment records; billing address; payment method; bank account number or credit card number; cardholder or accountholder name; card or account security details; card ‘valid from’ date; and card expiry date; BACS details; SWIFT details; IBAN details; payment amount; payment date; and records of cheques.
- Data relating to our Sites and Apps: device type; operating system; browser type; browser settings; IP address; language settings; dates and times of connecting to a Site; App usage statistics; App settings; dates and times of connecting to an App; location data, and other technical communications information (some of which may constitute Personal Data); username; password; security login details; usage data; aggregate statistical information.
- Employer details: where you interact with us in your capacity as an employee, the contact information of your employer (including name, address, telephone number and email address) to the extent relevant.
- Content and advertising data: records of your interactions with our online advertising and content, records of advertising and content displayed on pages or App screens displayed to you, and any interaction you may have had with such content or advertising (including mouse hover, mouse clicks, any forms you complete (including incomplete forms not submitted) and any touchscreen interactions).
- Views and opinions: any views and opinions that you choose to send to us, or publicly post about us on social media platforms.
E. Lawful basis for Processing Personal Data
We may Process your Personal Data where: you have given your prior, express consent; the Processing is necessary for a contract between you and us; the Processing is required by applicable law; the Processing is necessary to protect the vital interests of any individual; or where we have a valid legitimate interest in the Processing.
In Processing your Personal Data in connection with the purposes set out in this Policy, we may rely on one or more of the following legal bases, depending on the circumstances:
- Consent: We may Process your Personal Data where we have obtained your prior, express consent to the Processing (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way);
- Contractual necessity: We may Process your Personal Data where the Processing is necessary in connection with any contract that you may enter into with us;
- Compliance with applicable law: We may Process your Personal Data where the Processing is required by applicable law;
- Vital interests: We may Process your Personal Data where the Processing is necessary to protect the vital interests of any individual; or
- Legitimate interests: We may Process your Personal Data where we have a legitimate interest in carrying out the Processing for the purpose of managing, operating or promoting our business, and that legitimate interest is not overridden by your interests, fundamental rights, or freedoms.
F. Sensitive Personal Data
We do not seek to collect or otherwise Process your Sensitive Personal Data. Where we need to Process your Sensitive Personal Data for a legitimate purpose, we do so in accordance with applicable law.
We do not seek to collect or otherwise Process your Sensitive Personal Data in the ordinary course of our business. Where it becomes necessary to process your Sensitive Personal Data for any reason, we rely on one of the following legal bases:
- Compliance with applicable law: We may Process your Sensitive Personal Data where the Processing is required or permitted by applicable law (e.g., to comply with our diversity reporting obligations);
- Detection and prevention of crime: We may Process your Sensitive Personal Data where the Processing is necessary for the detection or prevention of crime (including the prevention of fraud);
- Establishment, exercise or defence of legal rights: We may Process your Sensitive Personal Data where the Processing is necessary for the establishment, exercise or defence of legal rights; or
- Consent: We may Process your Sensitive Personal Data where we have, in accordance with applicable law, obtained your prior, express consent prior to Processing your Sensitive Personal Data (this legal basis is only used in relation to Processing that is entirely voluntary – it is not used for Processing that is necessary or obligatory in any way).
G. Purposes for which we may Process your Personal Data
We may Process your Personal Data for the following purposes: providing services to you; operating our Sites and Apps; communicating with you; managing our IT systems; health and safety; financial management; conducting surveys; ensuring the security of our premises and systems; conducting investigations where necessary; compliance with applicable law; and improving our Sites, Apps, and services.
The purposes for which we may Process Personal Data, subject to applicable law, include:
- Provision of services to you: providing our Sites, Apps, and services to you; communicating with you in relation to those services, and providing you with promotional items at your request or in connection with those services or similar services.
- Our Sites and Apps: operating and managing our Sites and our Apps; providing content to you; displaying advertising and other information to you; communicating and interacting with you via our Sites and our Apps; identifying issues with our Sites and Apps and planning improvements to or creating new Sites and Apps; and notifying you of changes to any of our Sites, our Apps, or our services.
- Communications: communicating with you via any means (including via email, telephone, text message, social media, post or in person) news items and other information in which you may be interested, subject to ensuring that such communications are provided to you in compliance with applicable law; maintaining and updating your contact information where appropriate; and obtaining your prior, opt-in consent where required.
- Communications and IT operations: management of our communications systems; operation of IT security systems; and IT security audits.
- Health and safety: health and safety assessments and record keeping; and compliance with related legal obligations.
- Financial management: sales; finance; corporate audit; and vendor management.
- Surveys: engaging with you for the purposes of obtaining your views on our services.
- Security: physical security of our premises (including records of visits to our premises; and CCTV recordings); and electronic security (including login records and access details).
- Investigations: detecting, investigating and preventing breaches of policy, and criminal offences, in accordance with applicable law.
- Legal proceedings: establishing, exercising and defending legal rights.
- Legal compliance: compliance with our legal and regulatory obligations under applicable law.
- Improving our Sites, Apps, services: identifying issues with our Sites, our Apps, or our services; planning improvements to our Sites, our Apps, or our services; and creating new Sites, Apps, or services.
H. Disclosure of Personal Data to third parties
We may disclose your Personal Data to: legal and regulatory authorities; our external advisors; our Processors; any party as necessary in connection with legal proceedings; any party as necessary for investigating, detecting or preventing criminal offences; any purchaser of our business; and any third party providers of advertising, plugins or content used on our Sites or our Apps.
We may disclose your Personal Data to other entities within the Company group, for legitimate business purposes (including operating our Sites and our Apps, and providing services to you), in accordance with applicable law. In addition, we may disclose your Personal Data to:
- legal and regulatory authorities, upon request, or for the purposes of reporting any actual or suspected breach of applicable law or regulation;
- outside professional advisors (such as accountants, auditors, or lawyers), subject to binding contractual obligations of confidentiality;
- third party Processors (such as payment services providers; data centers; etc.), located anywhere in the world, subject to the requirements noted below in this Section (H);
- any relevant party, law enforcement agency or court, to the extent necessary for the establishment, exercise or defence of legal rights;
- any relevant party for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including safeguarding against and the prevention of threats to public security;
- any relevant third party acquirer(s), in the event that we sell or transfer all or any relevant portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); and
If we engage a third-party Processor to Process your Personal Data, the Processor will be subject to binding contractual obligations to: (i) only Process the Personal Data in accordance with our prior written instructions; and (ii) use measures to protect the confidentiality and security of the Personal Data; together with any additional requirements under applicable law.
I. International transfer of Personal Data
We may transfer your Personal Data to recipients in other countries. Where we transfer Personal Data from the EEA to a recipient outside the EEA that is not in an Adequate Jurisdiction, we do so on the basis of Standard Contractual Clauses.
Because of the international nature of our business, we may need to transfer your Personal Data within the Company group, and to third parties as noted in Section (H) above, in connection with the purposes set out in this Policy. For this reason, we may transfer your Personal Data to other countries that may have different laws and data protection compliance requirements to those that apply in the country in which you are located.
Where we transfer your Personal Data from the EEA to recipients located outside the EEA who are not in Adequate Jurisdictions, we do so on the basis of Standard Contractual Clauses. You may request a copy of our Standard Contractual Clauses using the contact details provided in Section (R) below.
J. Data security
We implement appropriate technical and organisational security measures to protect your Personal Data. Please ensure that any Personal Data that you send to us is sent securely.
We have implemented appropriate technical and organisational security measures designed to protect your Personal Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, unauthorised access, and other unlawful or unauthorised forms of Processing, in accordance with applicable law.
Because the internet is an open system, the transmission of information via the internet is not completely secure. Although we will implement all reasonable measures to protect your personal data, we cannot guarantee the security of your data transmitted to us using the internet – any such transmission is at your own risk and you are responsible for ensuring that any Personal Data that you send to us are sent securely.
K. Data accuracy
We take every reasonable step to ensure that your Personal Data are kept accurate and up-to-date and are erased or rectified if we become aware of inaccuracies.
We take every reasonable step to ensure that:
- your Personal Data that we Process are accurate and, where necessary, kept up to date; and
- any of your Personal Data that we Process that you inform us is inaccurate (having regard to the purposes for which they are Processed) are erased or rectified.
L. Data minimisation
We take every reasonable step to limit the volume of your Personal Data that we Process to what is necessary.
We take every reasonable step to ensure that your Personal Data that we Process are limited to the Personal Data reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to our Apps and Sites.
M. Data retention
We take every reasonable step to ensure that your Personal Data are only retained for as long as they are needed.
We take every reasonable step to ensure that your Personal Data are only Processed for the minimum period necessary for the purposes set out in this Policy.
The criteria for determining the duration for which we will keep your Personal Data are as follows: we will retain copies of your Personal Data in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. In particular, we may retain your Personal Data for the duration of any period necessary to establish, exercise or defend any legal rights.
N. Your legal rights
Under applicable law, you may have a number of rights, including: the right not to provide your Personal Data to us; the right of access to your Personal Data; the right to request rectification of inaccuracies; the right to request the erasure, or restriction of Processing, of your Personal Data; the right to object to the Processing of your Personal Data; the right to have your Personal Data transferred to another Controller; the right to withdraw consent; and the right to lodge complaints with Data Protection Authorities. We may require proof of your identity before we can give effect to these rights.
Subject to applicable law, you may have a number of rights regarding the Processing of your Relevant Personal Data, including:
- the right not to provide your Personal Data to us (however, please note that we may be unable to provide you with the full benefit of our Sites, our Apps, or our services, if you do not provide us with your Personal Data – e.g., we may not be able to process your orders without the necessary details);
- the right to request access to, or copies of, your Relevant Personal Data, together with information regarding the nature, Processing and disclosure of those Relevant Personal Data;
- the right to request rectification of any inaccuracies in your Relevant Personal Data;
- the right to request, on legitimate grounds:
- erasure of your Relevant Personal Data; or
- restriction of Processing of your Relevant Personal Data;
- the right to object, on legitimate grounds, to the Processing of your Relevant Personal Data by us or on our behalf;
- the right to have certain Relevant Personal Data transferred to another Controller, in a structured, commonly used and machine-readable format, to the extent applicable;
- where we Process your Relevant Personal Data on the basis of your consent, the right to withdraw that consent (noting that such withdrawal does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Personal Data in reliance upon any other available legal bases); and
- the right to lodge complaints with a Data Protection Authority regarding the Processing of your Relevant Personal Data by us or on our behalf.
This does not affect your statutory rights.
To exercise one or more of these rights, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Data, please use the contact details provided in Section (R) below. Please note that:
- we may require proof of your identity before we can give effect to these rights; and
- where your request requires the establishment of additional facts (e.g., a determination of whether any Processing is non-compliant with applicable law) we will investigate your request reasonably promptly, before deciding what action to take.
We may Process your Personal Data by placing or reading Cookies and similar technologies.
What is a cookie?
A cookie is a piece of data stored on your computer and tied to information about you. By using and browsing our Sites, you consent to the use by us and third parties of cookies and other technologies in accordance with this Policy.
What are the different types of cookies?
First party cookies are our own cookies set by our Site, controlled by us, and used to provide information about the usage of our Site.
How long do cookies stay on your computer?
Two types of cookies may be used on the Site, session cookies and persistent cookies.
Session cookies are temporary cookies that remain in your browser or device until you leave the site; they are deleted from your device once you leave the Service.
Persistent cookies are small files stored on your hard drive until you delete them or until they reach their expiry date. These may, for example, be used to remember your preferences when you use the Site, recognize you on your return, and enhance your experience on the Site (see more about profiles below). Use of a persistent cookie is not linked to any personally identifiable information while on the Site except if you choose to store your user names and PINs so that you do not have to enter them each time you access your accounts. Then, a persistent cookie will be stored on your computer, which is linked to your account information. If you reject the persistent cookie, you may still use the Site but you will be limited in some areas of it.
- Authentication and Preferences: Cookies can be used to recognize you when you visit our Sites, remember your preferences (such as languages and communication preferences), and customize your experience with using our Sites and Services.
- Security: Cookies may enable and support our security features and to help us detect malicious activity.
- Advertising: Cookies allow us to bring you advertising both on and off our Sites. We may also use a cookie to learn whether someone who saw an ad later visited and took an action on the advertiser’s site. Similarly, our partners may use a cookie to determine whether we’ve shown an ad and how it performed, or provide us with information about how you interact with ads. We may also work with a partner to show you an ad on or off our Sites, such as after you have visited a partner’s site or application.
- Geo-Location Information: Some devices allow applications to access real-time location-based information (for example, GPS). Some photos or other contact you place within our Service may contain recorded location information. We may use this information to optimize your experience. Also, some of the information we collect from a device, for example IP address, can sometimes be used to approximate a device’s location.
- Flash Cookies: We may, in certain situations, use Adobe Flash Player to deliver special content, such as video clips or animation. Flash cookies are stored on your device, but they are managed through an interface that is different from the one provided by your web browser. This means that it is not possible to manage Flash cookies at the browser level in the same way you would manage other types of cookies. Instead, you can access your Flash management tools from Adobe’s website directly.
What other technologies do we use?
- Log Files: Like most websites, our servers use log files to analyze trends, administer our sites, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. The log file information consists of IP addresses, browser type, browser language, referring URL, platform type, etc., and is not linked to identifiable personal information.
- Clear Gifs: Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and we may use them to track the online movements of our users. Clear gifs are invisible on the page and are much smaller than cookies, about the size of the period at the end of this sentence. We may also use clear gifs in our HTML-based emails to let us know which emails have been opened by the recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.
- Profile: We may store information that we collect to create a profile of our users. A profile is stored information that we keep on individual users that detail their viewing preferences. Consequently, collected information may be tied to users’ personally identifiable information to improve the content of the Site for users, improve our Services and provide new services that are likely to be of interest to users and to direct pertinent product updates and marketing promotions to users if they have opted in to receive those promotions. We do not share personally identifiable elements of a user’s profile with other third parties. User profiles are shared in aggregate form only.
Can I Change My Cookie Preferences?
Browser settings allow you to choose whether or not to accept cookies or limit certain cookies. Most browsers also provide functionality that lets you review and erase cookies. If you use our Sites without changing your browser settings, we will assume that you are happy to receive all cookies on our Sites. Please be aware that if cookies are disabled, not all features of the Site may operate as intended.
Your mobile operating system may let you opt out from having your information collected or used for interest-based advertising on mobile devices. You should refer to the instructions provided by your mobile device’s manufacturer, but this functionality is usually available in the “Settings” section of your device. You can also stop us from collecting information through our applications by uninstalling our applications. For more information about these specialized cookies and other technologies, and to learn more about behavioral advertising or to opt out of this type of advertising for some companies, you can visit http://www.networkadvertising.org or
The Terms of Service located on our website will govern all use of our Sites and our Apps.
All use of our Sites, our Apps, or our services is subject to our Terms of Service. We recommend that you review our Terms of Service regularly, in order to review any changes we might make from time to time.
Q. Direct marketing
We may Process your Personal Data to contact you with information regarding services that may be of interest to you. You may unsubscribe for free at any time.
We may Process your Personal Data to contact you via email, telephone, direct mail or other communication formats to provide you with information regarding services that may be of interest to you. If we provide services to you, we may send information to you regarding our services, upcoming promotions and other information that may be of interest to you, using the contact details that you have provided to us and always in compliance with applicable law.
You may unsubscribe from our promotional email list at any time by following the unsubscribe instructions included in every promotional email we send. We will not send you promotional emails from a list you have selected to be unsubscribed from, but we may continue to contact you to the extent necessary for the purposes of any services you have requested or from additional lists you have signed up under.
R. Contact details
You may contact our Data Protection Officer at [email protected]
If you wish to be taken off our contact list for direct marketing, please contact: [email protected]
To submit a Data Subject Access Request, a Data Subject Erasure Request, or to exercise other rights under the GDPR, please use the following form: Consensus DSAR Form
If you have any comments, questions or concerns about any of the information in this Policy, or any other issues relating to the Processing of Personal Data carried out by us, or on our behalf, please contact
- J2 Cloud Services, LLC
700 S. Flower St., 15th Floor
Los Angeles, CA 90017
Attn: Legal Department
The Company, or Company affiliate, has appointed a Data Protection Officer who may be contacted at [email protected].
- “ App” means any application made available by us (including where we make such applications available via third party stores or marketplaces, or by any other means).
- “ Adequate Jurisdiction” a jurisdiction that has been formally designated by the European Commission as providing an adequate level of protection for Personal Data.
- “ Cookie” means a small file that is placed on your device when you visit a website (including our Sites). In this Policy, a reference to a “Cookie” includes analogous technologies such as web beacons and clear GIFs.
- “ Controller” means the entity that decides how and why Personal Data are Processed. In many jurisdictions, the Controller has primary responsibility for complying with applicable data protection laws.
- “ Data Protection Authority” means an independent public authority that is legally tasked with overseeing compliance with applicable data protection laws.
- “ EEA” means the European Economic Area.
- “ Personal Data” means information that is about any individual, or from which any individual is directly or indirectly identifiable, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
- “ Process”, “ Processing” or “ Processed” means anything that is done with any Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- “ Processor” means any person or entity that Processes Personal Data on behalf of the Controller (other than employees of the Controller).
- “ Relevant Personal Data” means Personal Data in respect of which we are the Controller. It expressly does not include Personal Data of which we are not the Controller.
- “ Sensitive Personal Data” means Personal Data about race or ethnicity, political opinions, religious or philosophical beliefs, trade union membership, physical or mental health, sexual life, any actual or alleged criminal offences or penalties, national identification number, or any other information that may be deemed to be sensitive under applicable law.
- “ Standard Contractual Clauses” means template transfer clauses adopted by the European Commission or adopted by a Data Protection Authority and approved by the European Commission.
- “ Site” means any website operated, or maintained, by us or on our behalf.
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 j2 Cloud Services, LLC (“j2 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 J2 Cloud Services, 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: J2 Cloud Services, 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.