This Agreement is between Gofaxgo ("Gofaxgo") and you ("you" or "Customer"), as an authorized user of Gofaxgo, and governs the terms and conditions of your use of Gofaxgo services. This 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 Gofaxgo (collectively, the "Agreement"), constitutes the entire agreement between Gofaxgo and you regarding Gofaxgo Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "Gofaxgo" or "Services" are defined as any and all services provided by Gofaxgo to you either now or in the future. By using Gofaxgo, you confirm your acceptance of, and agree to be bound by, this Agreement.
DEFINITIONS AND INTERPRETATION
1 - In this Contract the terms "Gofaxgo", "we", "our", and "us" refer to Gofaxgo, a division of TradesDirectory.ca Inc., and "you" and "your" to refer to the person or company that is identified on the application form of our website as our customer.
2 - "Gofaxgo Number" means the fax number which we allocate to you in connection with the Service.
3 - "Service" means Gofaxgo offers Services described on its website http://www.Gofaxgo.com. Individually, the Services are but is not limited to:
(i) a personal local or toll-free telephone number or a pooled fax number, "Gofaxgo Numbers") that provides for the delivery of faxes to electronic mail ("email"); and
(ii) outbound faxing from email or from the Gofaxgo website.
4 - Headings used in this Contract are for ease of use only and do not form part of this Contract.
5 - You warrant that you have provided true, current, accurate and complete customer information as required in the application form, and you agree to notify us of any changes to this information as required to keep it current, complete and accurate.
6 - You agree to pay for the Service at the rate agreed to in this Contract, or as amended without notifications to you. The rate specified on our website is exclusive of any other applicable taxes, duties and tariffs.
7 - All charges will be paid by way of automatic payment.
8 - You agree that you are liable for all costs relating to the collection of any overdue account, together with penalty interest of 2% per month compounding. We reserve the right to terminate the Service without warning for unpaid accounts.
9 - Any payment disputes must be notified in writing within seven (7) days of invoice date.
10 - You agree not to use the Service for any illegal or unlawful act. You are fully responsible for the contents of your transmissions through the Services. Gofaxgo simply acts as a passive conduit for you to send and receive information of your own choosing. You further agree not to 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.
11 - You are responsible for obtaining, installing and maintaining all hardware, software, and communications services necessary to receive internet email and to deliver the Service to the person or persons who you intend to receive it. We accept no responsibility for you being unable to receive or correctly deliver the Service due to any incompatibility, fault or incorrect configuration of ours/your hardware, software or communication services.
12 - The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act of 1991 (http://www.Gofaxgo.com/media/tcpa-1991.pdf and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited. Gofaxgo understands that receipt of such faxes can impair your use of our Services. Accordingly, Gofaxgo intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At Gofaxgo option and without further notice, Gofaxgo may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
(i) If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and
(ii) Please file a complaint with Gofaxgo by inserting the required information into an email, attach the offending fax and send to firstname.lastname@example.org.
13 - Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.
14 - You agree that you are not the owner of any Gofaxgo Number. Generally, the phone network carrier reserves ownership of numbers. We reserve the right to alter or reassign any Gofaxgo Number if the owner of the number requires this. We will give you notice of this as soon as we become aware of the likelihood of such a change. On termination of the Service we may allocate any Gofaxgo Numbers to another customer without reference to you.
15 - All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Gofaxgo Service are wholly owned by Gofaxgo and/or its licensors and service providers except where expressly stated otherwise.
TERMINATION & SUSPENSION
16 - Either you or Gofaxgo may terminate your Gofaxgo account at any time, with or without cause, upon notice. Any such notice by you to Gofaxgo must be in accordance with Gofaxgo'S verification procedures, as such procedures may be established and changed by Gofaxgo from time to time in its sole discretion, and which may include the requirement that you contact Gofaxgo by email (email@example.com) to confirm that any such notice was in fact sent by you.
17 - If you breach any of the terms of this Contract, including as amended, we may terminate the Service without notice.
18 - We may suspend or disconnect you from the Service if a carrier suspends or interrupts its service to us and that suspension or interruption affects our ability to provide the Service to you.
19 - We may also suspend or restrict our Service in an emergency or whenever we, another carrier, or any other appropriate person considers that step necessary or reasonable to protect persons, systems or other property.
20 - If you are suspended or disconnected from our Service for failing to meet any of your responsibilities under this Contract you may have to pay a reconnection fee before you can use the Service again
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
21 - Your use of Gofaxgo and its services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material obtained either directly or indirectly from Gofaxgo. You agree that neither Gofaxgo nor any of its licensors or service providers will be liable for damages (including consequential or special damages) arising out of your use of or inability to use Gofaxgo or any other Gofaxgo services, and you hereby waive any claims with respect thereto, whether based on contractual, tort or other grounds, even if Gofaxgo or any such licensor or service provider has been advised of the possibility of damages. The entire liability of Gofaxgo and its licensors and service providers and your exclusive remedy with respect to the use of Gofaxgo and any other Gofaxgo services or any breach of this agreement are limited to the amount actually paid by you for access to and use of the services. You hereby release Gofaxgo and each of its licensors and service providers from any and all obligations, liabilities and claims in excess of this limitation.
22 - Neither Gofaxgo nor any of its 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 Gofaxgo's or any such licensor's or service provider's control which could lead to the interruption of data delivery service to the customer's email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services.
23 - Your service will be disconnected/suspended and finally canceled after unsuccessful attempt to bill your credit card after one week with no follow up email from your side regarding your payment delay. It is your responsibility to inform us by email (firstname.lastname@example.org) OR contact by submitting our online form at http://www.gofaxgo.com/support.php about the payment delay. In case of failing to do so there will a charge of $35 to Un-Suspend and $60.00 for account reactivation with $40 for your old fax number restoration in case of account cancellation.
24 - The laws of the state of British Columbia and Ontario, Canada, govern this agreement and your use of Gofaxgo's services. 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. Gofaxgo's failure to act with respect to a breach by you or others does not waive Gofaxgo's right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Gofaxgo shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Gofaxgo's reasonable control. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that 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 email messages as provided as part of the Services.