TRUSTFAX TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.
IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING A THE TRUSTFAX SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO THEM WITHOUT MODIFICATION. IF WILL NOT OR CANNOT ABIDE BY THESE TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE TRUSTFAX SERVICES.
1. Grant of License
Subject to the conditions herein, Comodo authorizes you to use the Comodo’s TrustFax services, including any documentation files or website information accompanying it (collectively, the "Services") for your own use. Comodo reserves all rights not granted herein. Your right to use of the Services is limited, and you may not reproduce, resell or exploit any portion of the Services for commercial purposes.
2. Registration Obligations
In order to use the Services, you must provide full and accurate information about yourself as requested in our registration form and update this information as it changes. If Comodo believes any information is untrue, inaccurate, or incomplete, Comodo may, in its sole discretion and without notice, investigate your account, suspend or terminate your access to the Services.
3. Ownership
You are not given and may not claim any ownership rights in the Services and all other services, products, copyrights, trademarks, technologies, and materials associated with or comprising the Services.
Comodo is the owner of any fax number provided to you. These numbers may not be transferred or ported to another service provider, telephone carrier, person, or entity. The penalty for transferring or porting a Comodo fax number is $500 per fax number, which you will be responsible for paying. Your use of the Services is your agreement that this is a reasonable and fair value for the damages incurred to Comodo for a breach of this section.
Any fax number ported to Comodo for the specific purpose of receiving the Services may be ported to another service provider, person, or entity by providing Comodo thirty (30) days written notice.
Use of the Services in violation of these terms and conditions may subject you to CRIMINAL AND/OR CIVIL FINES AND PENALTIES under all applicable laws. Comodo may gather information regarding the use of the Services to guarantee the proper use of the licenses granted herein.
4. Escrow Arrangement
Information received through the Services will be stored on a Comodo server while your account is active. Comodo uses reasonable efforts to prevent the unauthorized disclosure or destruction of the information in your account, but does not provide a backup of the information on the Comodo servers and is not responsible for matters beyond its control, including unauthorized access of the account, problems with transmissions, and service functions performed by third parties.
COMODO MAY DESTROY OR DELETE ANY FILES STORED ON A COMODO SERVER AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE AND WITHOUT INCURRING ANY LIABILITY. By using the Services, you release Comodo from all liability, claims and damages arising from lost or stolen data. Comodo is not liable for any damages or losses to information on its servers.
5. Password
To use the Services, you must select a password and account name. You are responsible for maintaining the confidentiality of your password and account name and are fully responsible for all activities that occur under your account name. You must immediately notify us of any unauthorized use of any compromise of your account or information. Comodo and its parent, affiliates, employees, and agents are not liable for any loss or damage arising from the use of your account or password.
6. Your Responsibility
You are fully responsible for the contents of your transmissions through the Services. The Services serve as a passive conduit for you to send and receive information and files of your choice. Your use of the Services is subject to all applicable local, state, national, and international laws and regulations. You must:
(1) comply with all US and local laws, including US export laws and technical data transmission laws;
(2) use the Services only for legal purposes;
(3) not interfere or disrupt networks or other users connected to the Services or any similar services;
(4) comply with all regulations, policies, and procedures of networks connected to the Services;
(5) use the services only in a way that does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and
(6) not transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You may not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. You may not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
You are responsible for:
(a) obtaining and paying for all equipment and third-party services required for you to access and use Services,
(b) maintaining the security of your account information and other confidential information, and
(c) all charges resulting from use of your account or the related Services.
7. Trial Accounts
Trial accounts require credit or debit card account information prior to the activation of the account. By providing this information, you authorize a $1.00 charge to your credit card. Comodo will not actually charge the credit card with this amount. During the trial period, you may send faxes only to destinations in the US and Canada. Comodo may, in its sole discretion, watermark all outgoing faxes on trial accounts.
The trial account shall expire at the end of subscription period set during the account registration. At the expiration of the trial, the credit card provided will be charged for the service level selected during the registration process. If a service level was not selected, the “Power User” service level will be automatically selected and your card will be charged accordingly. To avoid paying the service level fees, you must cancel your account by contacting Comodo at cancel@trustfax.com prior to the expiration of the trial period.
Trial accounts are limited in the number of pages that can be sent or received through the services. If you run out of free pages, faxes will not be sent or delivered until the end of the trial period. Comodo is not responsible for any failure to send or receive faxes for any reason, including insufficient pages. Trial accounts can be converted to full subscriptions at any time through the account interface. Converting accounts will immediately end the trial period and activate the service level selected by billing the entered credit card.
8. Billing
You agree to pay all charges for your use of the Services at the prices then in effect. The prices in effect shall be those posted on the TrustFax website at http://www.trustfax.com/pricing.asp (“Pricing Page”). Continued use of the Service or non-termination of your account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Service fees may be owed yearly or monthly, depending on what service was selected during the registration process. If you do not cancel your account prior to the expiration of your subscription, Comodo may charge your credit card for renewal of the account without further notice to you.
Payment must be made in advance by the credit or debit card designated by you for TrustFax use and transactions. Other forms of payment must be pre-approved by Comodo. Accounts designated as group invoice accounts must be prior approved by Comodo. Such accounts may be invoiced or billed jointly on a monthly basis. All payments are non-refundable.
Promotions
Comodo will occasionally offer promotional offers. Promotional offers may not be available in all areas and may be discontinued or withdrawn at any time without notice. A promotion is not valid with any other coupon codes and/or promotions. All promotions are void where prohibited by law.
Two for one promotions require that the value of the free month be less than or equal to the amount paid during the previous month of services. Your credit card will not be charged during the second month of two for one promotional offer unless the value of the services used during the free month exceeds the amount paid during the previous month. If the value of the fee month’s services would exceed the amount paid during the previous month, then you shall be billed automatically for the difference between the free month and the paid month.
Add-ons
Fax pages, storage capacity, and other services are available as add-ons to the service levels. Add-on features must be paid for in advance and are non-refundable. If your account has insufficient fax pages or storage space and you try to send/receive a fax or upload additional data, your credit card will automatically be billed for the minimum block of fax pages or storage capacity available at that time. Ensuring that sufficient funds are available and purchasing of fax pages is your responsibility. Comodo is not responsible for faxes not received or sent due to a lack of fax pages.
9. Method of Billing
Upon subscribing to the Services, you will receive a certain number of fax pages for sending and receiving local fax pages. Local fax pages are faxes sent to or received from numbers in the U.S. (including Hawaii and Alaska but excluding all U.S. territories) and Canada. Add-ons, including international faxes and additional fax pages, may be purchased through your account to increase the number of fax pages.
Charges for sending and receiving faxes are set forth on the TrustFax Pricing Page of your account interface. Fax page rates apply to each 60 seconds of fax transmission time. Fax transmission times for a single fax page that exceed any 60 second block shall be rounded up. For example, if a 1-page U.S. domestic fax takes 72 seconds to transmit, you will be charged for 2 fax pages.
10. Billing Questions
Questions about charges applied to your account must be submitted to Comodo by email to billing@trustfax.com within thirty (30) days of the charge date. Any correction or error in billing will be provided as a TrustFax credit. TrustFax credits may be used for future monthly service fees and/or Add-ons. Failure to use your account is not a basis for refusing to pay any charges.
Charges rejected by your card issuer (or its agent or affiliate) will result in the deactivation or cancellation of your account until full payment is made, including any related re-activation charges. Comodo may deactivate, in its sole discretion, any account that has a disputed charge with Comodo until such dispute is resolved in Comodo’s sole discretion.
11. Unsolicited Advertisement
The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited.
You understand that unsolicited fax advertisements can affect your use of the Services. Comodo may use, in its sole discretion, any legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our subscribers. If you believe that you have received an unsolicited fax advertisement, please forward the unsolicited fax advertisement to support@TrustFax.com. Please include the reason that you believe that fax was unsolicited and any other additional information that will assist us in investigating the fax. Comodo is not obligated to provide a credit for any reason, including faxes that are unrequested, unsolicited, or unwanted.
Comodo is the owner of all TrustFax fax telephone numbers and has the right to assert all legal claims available as a result of receiving or sending unsolicited fax, including claims under the telephone consumer protection act of 1991. You may not “opt-in” to receive spam faxes.
12. Disclaimer of Warranties
USE OF THE SERVICES IS “AT YOUR OWN RISK” AND “AS AVAILABLE”. THE SERVICES may contain bugs, errors and other problems that could cause system or other failures and data loss. COMODO AND ITS AFFILIATES, LICENSORS, SUPPLIERS, EMPLOYEES AND AGENTS ARE NOT RESPONSIBLE FOR ANY COSTS INCURRED BY USING OR THE MALFUNCTIONING OF EQUIPMENT. COMODO DOES NOT WARRANT THAT THE SERVICES WILL OPERATE SUBSTANTIALLY IN ACCORDANCE WITH ANY DOCUMENTATION ACCOMPANYING THE SERVICES. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMODO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN EQUITY OR AT LAW, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMODO DOES NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE SERVICES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, (B) THAT THE SERVICES WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, (C) THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED, OR (D) THAT THE SERVICES ARE COMPATIBLE WITH ANY PARTICULAR PLATFORM. Some jurisdictions do not allow the waiver or exclusion of warranties. In these cases, the limitations found herein shall apply to the maximum extent allowed.
Comodo provides the Services over the Internet. The operation of the Internet is beyond the control of Comodo. As such, Comodo is not responsible for any interruption in the Services resulting from the operation or problems with the Internet. WHILE COMODO HAS TAKEN REASONABLE STEPS TO REDUCE RISK BY BUILDING SYSTEMS WITH HIGH LEVELS OF SECURITY TO ENSURE THE PRIVACY OF ALL TRANSACTION DATA AND THE SAFE TRANSMISSION OF CREDIT CARD INFORMATION, RISKS REMAIN DUE TO FACTORS BEYOND THE REASONABLE CONTROL OF COMODO.
13. Limitation of Liability
COMODO AND ITS LICENSORS AND AFFILIATES ARE NOT LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE ARISING FROM OR RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES. COMODO IS NOT LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION OR DATA), EVEN IF COMODO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMODO'S AGGREGATE LIABILITY WITH RESPECT TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE MONTH WHEN THE LIABLITY OCCURRED. COMODO IS NOT RESPONSIBLE FOR THE ACTS OR USE OF THE SERVICES BY OTHER INDIVIDUALS, INCLUDING SPAM FAXES, FAXES NOT FULLY COMPLYING WITH FEDERAL LAW, OR OTHER JUNK FAXES.
THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY TO ALL CAUSES OF ACTION UNDER ALL LEGAL THEORIES, INCLUDING THEORIES OF CONTRACT, WARRANTY, STRICT LIABILITY, MISREPRESENTATION, NEGLIGENCE, AND OTHER TORTS. To the extent that your jurisdiction does not allow the limitation of exclusion of liability for incidental or consequential damages, this exclusion may not apply to you. In such circumstances, Comodo’s liability shall be limited to the maximum extent allowed in that jurisdiction.
These terms and conditions govern all use of the Services. The Services may be canceled through the account interface or by contacting Comodo at cancel@trustfax.com. Cancellation requests will generally be processed within 24 hours after receipt of the cancellation notice. No further billing will occur on your account after a successful cancellation. Comodo is not responsible for cancellation requests sent to the wrong email address or for the improper completion or submission of the form in the account interface.
Comodo may terminate your account and access to the Services at any time in its sole discretion. All provisions related to confidentiality, proprietary rights, and non-disclosure shall survive the termination of your account. Comodo is not liable for any damages resulting from the termination or suspension of TrustFax account. No refunds will be given for any reason, even if fees were paid for unused Services.
IF YOUR ACCOUNT IS CANCELLED OR TERMINATED FOR ANY REASON YOU WILL LOSE ALL DATA ASSOCIATED WITH YOUR ACCOUNT. BEFORE CANCELING YOUR ACCOUNT, PLEASE DOWNLOAD AND SAVE ALL INFORMATION/DATA. COMODO IS NOT RESPONSIBLE FOR ANY INFORMATION MADE INACCESSIBLE, DELETED, LOST, OR REMOVED UPON THE CANCELLATION OR EXPIRATION OF YOUR TRUSTFAX ACCOUNT.
15. Indemnity
You shall release, indemnify, defend and hold harmless Comodo and its affiliates and their contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of:
(a) your breach of these terms and conditions,
(b) falsehoods or misrepresentations by you,
(c) infringement on the intellectual property or other proprietary rights of any person or entity,
(d) a material misrepresentation or omission in your account information,
(e) any use of your account.
When Comodo is threatened with enforcement proceedings or suits or is sued by a third party, Comodo may seek written assurances from you concerning your promise to indemnify Comodo. Your failure to provide those assurances is a breach of these terms. Comodo may participate in the defense against a third-party claim with counsel of our choice at your expense. You must receive Comodo’s prior written consent regarding any settlement of claims covered by this Section. The terms of this paragraph will survive any termination or cancellation of your TrustFax account.
16. Choice/Opt Out
You may ‘opt-out’ of having information used for purposes not directly related to the Services by emailing optout@trustfax.com. Use of the Services is your initial consent to receiving marketing material. However, Comodo will not send marketing material to any fax numbers and will not publish, share, or sell your information to any third party.
17. Privacy
Comodo has built its electronic services and products with your privacy and security in mind. To ensure your privacy, Comodo periodically publishes a Privacy Statement that is incorporated by reference into these terms. By using the Services, you agree to the Privacy Statement. You can view the Privacy Statement at http://www.trustfax.com/privacy.asp. Please check the page periodically for changes to the Privacy Statement. Comodo may change the Privacy Statement at any time without notice.
Comodo may routinely collect and analyze metadata regarding the Services’ usage. This information is used by Comodo to gauge application performance and data recovery purposes.
18. Governing Law
Use of the Services and these terms and conditions shall be governed by and construed in accordance with the laws of the State of Utah without regard to any conflicts-of-law rules. You irrevocably submit and consent to the exclusive jurisdiction of, and venue in, the federal and state courts of Utah and waive any right you may have to object to such jurisdiction or venue or to seek any change of jurisdiction or venue.
19. Severability
If any of these terms and conditions are determined by a court of competent jurisdiction to be unenforceable or illegal for any reason, such term or condition shall be deemed to be modified so as to be enforceable to the maximum extent permissible under applicable law and the remainder terms and conditions shall remain in full force and effect.
20. Force Majeure
Comodo is not responsible for any cessation, interruption or delay the Services due to earthquake, flood, fire, storm, natural disaster, act of God or the public enemy, war, armed conflict, terrorist action, strike, lockout, boycott, riot, release of hazardous or toxic substances, explosion, accident, or any other causes whether or not of the same class or kind as those specifically above named, which are not within the reasonable control of Comodo.
21. Non-Assignment
Except as otherwise set forth herein, your rights in the Services are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights to the Services, shall be voidable at Comodo’s option.
22. Entirety and Waiver
These terms and conditions are the entire understanding between you and Comodo in connection with the Services. There are no other prior agreements, understandings and arrangements related to the subject matter. There are no representations, undertakings or promises made outside of these terms and conditions.
Any waiver of a term or condition shall only be effective if it is in writing and signed by both parties. Comodo may change, modify, amend, suspend or discontinue any aspect, feature, or the entire Service in its sole discretion without notice to you. Comodo may impose limits on certain features of the Services at any time without notice or liability to you or to any third party. Further, Comodo may amend these terms and conditions in its sole discretion. Any amendment will be posted on Comodo’s website and is applicable to you and all current users at the time it is posted. You are expected to review these terms and conditions periodically to obtain notice of any such changes. Continued use of the Services constitutes acceptance of the modified terms and conditions. Section headings are for convenience only and are not part of the interpretation of these terms and conditions..
23. Arbitration
To the extent permitted by law, before you may begin arbitration with respect to a dispute involving the Services, you shall notify Comodo, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:
Any unresolved dispute in connection with the Services shall be decided by arbitration conducted through the services of the American Arbitration Association, hereinafter referred to as the “AAA.”
Notice of demand for an arbitration hearing shall be in writing and properly served upon all the relevant parties. Arbitration hearings shall be held in Salt Lake County, State of Utah, at a location mutually agreeable to the parties.
There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.
All costs of the Arbitration and the AAA shall be borne equally by the involved parties, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights.
24. Notices
All notices, demands or requests to Comodo must be made in writing to: Attn: President, TrustFax, Suite 306, 265 East 100 South, Salt Lake City, Utah 84111. All notices to you shall be made by posting the notice on the Comodo website or by sending the notice to your TrustFax account.
25. Survival
These terms and conditions shall be applicable for as long as your account remains active. Provisions regarding confidentiality, proprietary rights, limitation of liability, indemnity, and non-disclosure shall survive the cancellation or termination of your fax account.
Send your questions to support@trustfax.com or Call US +1 866-733-7040