This Customer Agreement is effective on August 19, 2016, for current users, and upon acceptance for new users.
This Agreement, which governs the terms and conditions of your use of the jConnect® service and all associated features described herein (collectively, the "Service"), is between you ("you" or "Customer"), as an authorized user of the Service, and j2 Cloud Services, Inc., a Delaware corporation ("j2 US"), and/or j2 Global Ireland Limited ("j2 Ireland"), an Irish coporation (each, the "Company"), as specified below. Your service will be provided to you and you will legally be a customer of (i) j2 US, if you are issued a Service telephone number that is local to the U.S. or Latin America, and (ii) j2 Ireland if you are issued a Service telephone number that is outside of the U.S. and Latin America. You will receive your billing statements, however, from (i) j2 US if you reside in the U.S. or Latin America, and (ii) j2 Ireland if you reside outside of the U.S. and Latin America.
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 the Company (collectively, the "Agreement"), constitutes the entire agreement between the Company and you regarding the Service, and supersedes all prior oral and written communications and agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by the Company related to the Service shall be pursuant to a separate agreement governing your use of such software. By using the Service, you confirm your acceptance of, and agree to be bound by, this Agreement.
For Canadian Customers: Please note that when you place an order to purchase on the j2 Website (defined below), it constitutes an offer to purchase and remains subject to the Company's acceptance. Goods or services listed or described on the j2 Website (as defined herein) constitute an invitation to make an offer to purchase.
If you begin but fail to complete the sign up process for the Service, the Company may contact you in an effort to help you sign up for the Service or another service offered by the Company. You hereby authorize the Company to make such contact, even if you ultimately determine not to sign up for the Service.
The jConnect® Service.
The Company offers the Service at its Website www.j2.com (together with other Websites owned and operated by the Company, the "j2 Website"). The Service includes the following plan levels:
jConnect® Premier: jConnect Premier includes but is not limited to: (i) a personal local or toll-free telephone number (together with remote (i.e., non-toll-free and non-local) telephone numbers, "jConnect Numbers") that provides for the delivery of faxes and voice messages to electronic mail ("email") in accordance with the Fair Use policy set forth below; (ii) outbound faxing and voice messaging from email or from the j2 Website; (iii) telephone access to voice, fax and email messages. jConnect Premier is hereinafter referred to as "Premier" or "Premier Service".
jConnect® Free: jConnect Free includes but is not limited to a remote jConnect Number that provides for the delivery of a limited number of faxes and voice messages to email. See the Fair Usage Policy in Section 3 below. jConnect Free is hereinafter referred to as “Free" or “Free Service."
Premier Service Usage; Fair Use Policy.
Premier Local Service Usage.Premier Local Service Usage. As a Premier Local Service Customer, you will receive a local jConnect Number through which you may receive faxes and voicemail messages in your email. You will have the option to send faxes via your email or from the j2 Website and to subscribe for additional services that the Company offers as described on the j2 Website, all subject to the terms of this Agreement or another agreement specific to those additional services. As a Premier Service Customer, you will also receive a personal identification number ("PIN") enabling you to access and manage the contents of your email inbox by telephone, known as the "Email-By-Phone Feature."
"FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOUR USAGE EXCEEDS MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF THE COMPANY'S JCONNECT PREMIER CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL COMBINED NUMBER OF FAX PAGES AND VOICEMAIL MESSAGE MINUTES RECEIVED, EXCLUDING ALL ADVERTISING AND INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY THE COMPANY, AS DETERMINED BY US IN OUR SOLE DISCRETION. AS AN ACCOMMODATION TO OUR CUSTOMERS, THE COMPANY CURRENTLY ENFORCES THIS POLICY ONLY WHERE USAGE EXCEEDS 150 COMBINED FAX PAGES AND VOICEMAIL MESSAGE MINUTES IN ANY THIRTY (30) DAY PERIOD, WHICH IS SUBSTANTIALLY IN EXCESS OF THE ACTUAL ALLOWABLE USAGE UNDER THIS "FAIR USE" POLICY. NOTWITHSTANDING THIS ACCOMMODATION, WE RESERVE THE RIGHT TO AT ANYTIME ENFORCE THIS POLICY IN ACCORDANCE WITH ITS TERMS (I.E., USAGE WITHIN ANY THIRTY (30) DAY PERIOD IN EXCESS OF MORE THAN THREE (3) TIMES THE AVERAGE LEVEL OF USAGE OF OUR JCONNECT PREMIER CUSTOMERS OVER THAT THIRTY (30) DAY PERIOD).
IN THE EVENT YOU HAVE VIOLATED THIS POLICY, YOU MAY BE AUTOMATICALLY CHARGED U.S. $0.15 (OR THE APPROXIMATE EQUIVALENT IN LOCAL CURRENCY) PER FAX PAGE AND VOICEMAIL MESSAGE MINUTES IN EXCESS OF THE FAIR USAGE LIMIT. FOR EACH TRANSMISSION, THE NUMBER OF PAGES IS CALCULATED BASED ON THE GREATER OF THE ACTUAL NUMBER OF PAGES OR THE NUMBER OF FULL AND PARTIAL 60-SECOND INCREMENTS OF TRANSMISSION TIME. IN ADDITION, A COMPANY REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN WHICH WILL PERMIT YOU TO CONTINUE TO USE THIS PAID SUBSCRIPTION SERVICE. NOTWITHSTANDING THE FOREGOING AND SUBJECT TO APPLICABLE LAWS, THE COMPANY RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.
Premier Toll-Free Service Usage.Premier Toll-Free Service Usage. As a Premier Service Toll-Free Customer, you will receive a toll-free jConnect Number through which you may receive faxes and voicemail messages in your email. You will be charged a usage fee (as set forth on the j2 Website) based on the number of total combined voicemail message minutes and/or fax pages so received. You will have the option to send faxes via your email or the j2 Website and to subscribe for additional services that the Company offers as described on the j2 Website, all subject to the terms of this Agreement or another agreement specific to those additional services. As a Premier Service Customer, you will also receive a PIN enabling you to access and manage the contents of your email inbox by telephone, known as the "Email-By-Phone Feature".
Free Service Usage; Fair Use Policy.
As a Free Service Customer, you will receive a remote (i.e., non-local) jConnect Number from which you may receive a limited number of faxes or voice mail messages in your email. YOU ALSO UNDERSTAND AND AGREE THAT THE AREA CODE OR PREFIX FOR THIS jCONNECT NUMBER WILL BE SELECTED BY THE COMPANY, IN ITS SOLE DISCRETION, BASED ON AVAILABLE INVENTORY, AND THAT YOU WILL HAVE NO ABILITY TO SELECT OR CHANGE THIS AREA CODE UNLESS YOU AGREE TO UPGRADE TO A PAID SUBSCRIPTION. The Company provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice.
YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO THE COMPANY'S "FAIR USE" POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY THIRTY (30) DAY PERIOD, YOU RECEIVE MORE THAN TWENTY (20) COMBINED FAX PAGES AND VOICEMAIL MESSAGE MINUTES, EXCLUDING ALL ADVERTISING OR INFORMATIONAL MESSAGES SENT TO YOU DIRECTLY BY THE COMPANY, AS DETERMINED BY US IN OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, THE COMPANY WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT MAY BE TERMINATED OR SUSPENDED AT THE COMPANY’S SOLE DISCRETION, EXCEPT WHERE PROHIBITED BY LAW. ANY FAILURE BY THE COMPANY TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
THE LIMITATIONS SET FORTH IN THIS SECTION 3 MAY NOT BE APPLICABLE WITH RESPECT TO jCONNECT NUMBERS LOCATED IN THE FOLLOWING COUNTRIES WITH THE FOLLOWING PREFIXES:
- Austria: (0) 820.
- Belgium: (0) 70 .
- France: (0) 820, (0) 821, (0) 825 or (0) 0826.
- Germany: (0) 1805.
- Ireland: (0) 818.
- Italy: (0) 199
- Netherlands: (0) 84.
- United Kingdom: (0) 70
You will have the option to subscribe for additional services that the Company offers as described on the j2 Website, all subject to the terms of this Agreement or another agreement specific to those additional services.
Storage of Faxes.
While your jConnect Premier or jConnect Free account is active, the Company will store fax messages received through your jConnect Number for a period of up to 30 days for jConnect Free customers, and one year for jConnect Premier customers, in each case measured from the date of receipt of such fax. These faxes are accessible through the online jConnect Messenger Center. You acknowledge that the Company may change its practices and limitations concerning storage of fax messages, including without limitation, 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 that will be allotted on the Company's servers on your behalf, at any time, as provided for in Section 13. You further agree that, subject to applicable law, the Company has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Service.
While your jConnect account is active, the Company may scan, perform optical character recognition and index the text of fax messages received through your jConnect Number. The indexed text of these faxes may be searchable through your online Message Center for as long as the faxes are stored there. The Company may also offer other features and functionality from time to time. You acknowledge that the Company may change its practices and limitations concerning the search and indexing capabilities of fax messages, including without limitation, the features and functionality, at any time as provided for in Section 13. You further agree that, subject to applicable law, the Company has no responsibility or liability whatsoever for the searching or indexing of or failure to search or index any fax messages and/or other communications maintained or transmitted by the Service.
You are fully responsible for the contents of your transmissions through the Service. The Company simply acts as a passive conduit for you to send and receive information of your own choosing. However, the Company reserves the right to take any action with respect to the Service 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 Service 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 Service is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination, securities laws or false advertising).
You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Service; (2) not to use the Service for any illegal purpose; (3) not to interfere with or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (6) not to use the Service to knowingly transmit misleading or inaccurate caller identification information for any reason, including doing so with the intent to defraud, cause harm, or wrongfully obtain anything of value; and (7) not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. 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. The Service uses the Internet for you to send and 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 Service 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 Service or another entity's use and enjoyment of similar services. You further agree not to use the Services to store (1) any "protected health information" (as such term is used in the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191), or (2) any other type of 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 Service; (b) maintain any security of your PIN number, password and other confidential information relating to your Company account and; (c) to the full extent permitted by applicable law, be responsible for all charges resulting from use of your Company account, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its further occurrence.
Unsolicited Fax Advertisement/Spam Drop-Box Policy.
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) (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and in the European Union under the Privacy and Electronic Communications Regulations 2003, and is also illegal under laws in other countries, states and provinces. Distribution of unsolicited fax advertisements through the Service is prohibited. 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, we ask that you take the following two steps:
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
Please go to the following Web page and complete the complaint form by inserting the required information and including a copy of the offending fax: www.efax.com/privacy.
Because our jConnect 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 jConnect Number non-Company 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.
Spam Drop-Box Policy.The Company does not permit its Customers to use their jConnect Number as a "drop-box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a jConnect Number as a drop-box for responses, we ask that you take the following steps:
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 do so.
If you are unable to successfully "unsubscribe," please forward the offending email to firstname.lastname@example.org. We will investigate your complaint and determine if the fax/ voicemail number referenced in the spam email or fax is a jConnect Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate or suspend their Service.
We appreciate your assistance in enforcing and complying with these policies and look forward to continuing to make the Company experience a positive one for you.
Either you or the Company may terminate your Company account at any time, with or without cause, upon notice. Any such notice by you to the Company must be in accordance with the Company's verification procedures, as such procedures may be established and changed by the Company from time to time in its sole discretion, and which may include the requirement that you contact the Company by phone to confirm that any such notice was in fact sent by you. The Company also reserves the right to terminate or suspend your Company account without prior notice, provided that the Company will attempt to confirm such termination or suspension by subsequent notice.
Subject to applicable law, the Company may automatically terminate your Free account without notice if: (i) no faxes or voicemails 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 or voicemail messages received, or (ii) you or an intermediary blocks or filters any emails sent by or on behalf of the Company to your email account(s) where you receive your faxes and/or voicemails, or (iii) if you opt out of receiving advertising messages sent to you directly by the Company.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the country, state and/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 Service (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.
Modifications to Customer Agreement.
Except to the extent prohibited by applicable law, the Company may automatically amend this Agreement at any time by (a) posting a revised Company Customer Agreement on the j2 Website, or (b) sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE j2 WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICE 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.
Modifications to Services.
The Company reserves the right to modify or discontinue the Service 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 Service.
Member Account, PIN, and Security.
As part of the registration process, you will be required to provide an email address and select a PIN. Once you become a registered user, your jConnect Number will be automatically sent to you by email. You may change your PIN and set a password to protect your faxes and voicemail messages after logging in to the j2 Website. You are entirely responsible for maintaining the confidentiality of your PIN, password, jConnect Number and account information. Furthermore, except as otherwise set forth by applicable law, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security known to you.
Disclaimer of Warranties and Limitation of Liability.
THE COMPANY AND ALL COMPANY SOFTWARE AND THE SERVICE ARE PROVIDED "AS IS," AND NEITHER THE COMPANY NOR ANY OF ITS 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 SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT COMPANY SOFTWARE OR THE SERVICE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE COMPANY AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
YOUR USE OF ALL COMPANY SOFTWARE AND THE SERVICE 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 (INCLUDING COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE COMPANY, OR LOSS RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS, OR DATA, 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 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 COMPANY SOFTWARE OR THE SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF THE COMPANY AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF COMPANY SOFTWARE AND THE SERVICE 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 SERVICE 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 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.
NEITHER THE COMPANY 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 THE COMPANY'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.
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 SERVICE.
Except as otherwise provided by applicable law:
You agree to pay all charges for your use of the Service at the prices then in effect for your country of residence. The Company reserves the right to charge value-added taxes ("VAT"), sales or other taxes on the Service as it deems appropriate and the Company reserves the right to change prices or institute new charges for access to or use of the Service. All changes will be posted by the Company at the j2 Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of the Service or non-termination of your Company account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Payment of your Company account balance is due monthly or annually, in accordance with your payment plan, the currency in which billed, and must be made by the credit or debit card designated by you for the Company use and transactions. If your Service account is a qualified business account and is approved by the Company for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis. If the payment method for your Service account is by credit or debit card and payment is not received by the Company from the card issuer (or its agent or affiliate), you agree to pay all amounts due upon demand by the Company.
Each time you use the Service, or allow or cause the Service to be used, you agree and reaffirm that the Company is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Company, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that the Company may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that the Company may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
To view your current account balance, along with billing details and any accumulated charges, please click on "Account Info" after logging in to the j2 Website.
Your activation fee and monthly or annual service fees, as applicable, are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that for monthly subscriptions, the Company may submit charges for your monthly service fee each month, and for annual subscriptions, the Company may submit charges for your annual service fee annually, in each case, without further authorization from you, until you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you sign up for more than one jConnect Number, your first payment for such additional jConnect Numbers may be prorated to coincide with the annual anniversary of your first jConnect Number. If you have any question regarding any charges that have been applied to your account, you must contact the Company's Customer Service Department within thirty (30) days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by the Company in accordance with this Agreement.
If you subscribed for the Service pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
If you subscribed for the Service pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are COMPLETELY NON-REFUNDABLE. In addition, your initial monthly service fee for the month immediately following your pre-paid period will be PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such pre-paid period, unless you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
. For non-toll-free jConnect Premier Customers, you will incur charges in addition to the minimum monthly charge if you receive a combined number of fax pages and voicemail messages through your jConnect account in excess of that permitted by our Fair Use Policy included in your plan as described in paragraph 2. a. above. Per page usage includes pages received or sent through the Service. For each transmission (sending or receiving), the number of pages is calculated based on the greater of the actual number of pages or the number of full or partial 60-second increments of transmission time. You agree that the Company may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of the Company), without further authorization from you, until you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice. If you are using the Service from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access the Company.
For all Premier Customers, additional charges for outbound fax service, receipt of fax pages above those included in your plan, message access and forwarding from a telephone (i.e. email-by-phone), and/or other usage-based services as the Company may introduce from time to time are payable in advance by deposit of a fixed amount as set from time to time by the Company (currently U.S. $10.00, or the approximate equivalent in local currency) or may appear as additional charges on your monthly billing statement. Customers with higher service needs may increase the size of their deposit by logging into their account at j2.com and adjusting their reorder amount or by contacting Customer Service. This deposit will be due and payable immediately upon your use of any usage-based service (or, in the event you are provided with a free credit, upon your depletion of such free credit within the expiration period). As a result, the first time you use any of these usage-based services (following your depletion of your free credit, if any), a deposit (currently U.S. $10.00 or the approximate equivalent in local currency) will be immediately charged to your credit or debit card without further authorization from you. Your deposit will thereafter be depleted based upon your use of outbound fax service, receipt of faxes above those included with your plan, message access and forwarding from a telephone (i.e. email-by-phone), and/or other usage-based charges, according to standard Company messaging rates for these services. Thereafter, each time your deposit is depleted to $2.00 or the approximate equivalent in local currency, another fixed amount deposit in the same amount as the prior deposit will be immediately charged to your credit or debit card, without further authorization from you, which deposit will thereafter be depleted based upon your use of outbound fax service, receipt of faxes above those included in your plan, message access and forwarding from telephone, and/or other usage-based services, according to standard Company messaging rates for these services. With respect to the Company's outbound faxing service, please be advised that the Company will bill you for each attempt made by the Company to send the fax where any transmission occurs whether or not the transmission is completed, such as instances when someone answers the call or transmission is interrupted before completion.
In the event the Company submits charges for your monthly service fee and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize the Company to use your deposit to pay for any monthly service fee due the Company until the Company is able to successfully charge your card. In the event the Company is subsequently able to successfully process your monthly service fee through your credit or debit card, the Company will automatically replenish your deposit for all monthly service fees paid from your deposit and will charge your credit or debit card in an amount equal to this amount and you hereby authorize the Company do so.
You agree that the Company may submit charges for these deposits without further authorization from you, until you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before the Company reasonably could act on your notice.
You must promptly notify the Company of changes to: (a) the account number or expiration date of your designated credit or debit card; (b) your billing address (for the designated credit or debit card); and (c) the name of each minor whom you have authorized to use your Company account. You must also promptly notify the Company if your card is canceled (e.g., for loss or theft). In order to avoid interruptions in the Service caused by rejected credit or debit card charges, the Company reserves the right to update your credit or debit card details (such as expiration dates or new card numbers) where this is not prohibited by law. You understand and agree that the Company is entitled to obtain such updated card details, store them and use them to bill charges. In addition, periodically, you may be asked to re-input your credit card information previously on file in order to continue to use the Service.
The Company may, from time to time, award you a gift balance, which is a non-refundable credit applicable toward usage balances only. Gift balances have no cash value, Effective 10/15/09 gift balances will expire on the earlier of (i) termination of your account or (ii) 30 days after they are issued, and are subject to any additional terms associated with the credit offer. The Company reserves the right to limit gift balances to a maximum of $5 per customer. In addition, the Company may offer other incentives or issue other credits from time to time, each of which is subject to the specific terms of the applicable offer or credit. The Company reserves the right to modify these credits or offers at any time with or without notice.
Late Fees. An administrative late fee of $4.95 USD or $6.60 CAD (or the approximate equivalent in local currency), or the maximum amount permitted under and subject to applicable law, may be charged to your account each time full payment of your outstanding balance is not received by the payment due date. You agree that the Company may submit charges for late fees without further authorization from or notice to you, until you provide prior notice (in accordance with the Company's verification procedures, as may be established by the Company from time to time in its sole discretion) that you have terminated or canceled your Service, or wish to change your designated card(s). Such notice will not affect charges submitted before the Company reasonably could act on your notice.
Termination for Non-Payment.
Subject to any applicable laws, the Company reserves the right to suspend or terminate your Company account and associated Service without notice upon rejection of any credit or debit card charges, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to the Company when the Company believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to the Company.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Service are wholly owned by the Company and/or its licensors and service providers except where expressly stated otherwise. You may not use the Company's trademarks, trade names, patents, copyrights or other intellectual property rights without the Company's prior written permission.
Customer of Record of the Telephone Numbers.
YOU UNDERSTAND AND AGREE THAT YOU WILL HAVE USE OF THE TELEPHONE NUMBER(S) THAT ARE PROVIDED AS PART OF THE SERVICE ONLY UNTIL THE END OF THE TERM OF YOUR AGREEMENT WITH THE COMPANY OR UNTIL THE COMPANY NO LONGER PROVIDES YOU WITH SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION 19 (a) BELOW. THE COMPANY IS GRANTING YOU THE REVOCABLE PERMISSION TO USE SUCH TELEPHONE 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 TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE AND, THEREFORE, THE COMPANY HAS CERTAIN RIGHTS WITH RESPECT THE NUMBER(S), INCLUDING WITHOUT LIMITATION CERTAIN RIGHTS RELATING TO PORTING OF THE 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 THE TELEPHONE NUMBER(S), THE COMPANY HAS THE DIRECT RELATIONSHIP WITH THE TELEPHONE COMPANY THAT PROVIDES THE UNDERLYING TELECOMMUNICATIONS THAT SUPPORT THE SERVICE YOU RECEIVE FROM THE COMPANY. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT, ITSELF, A TELEPHONE COMPANY AND THEREFORE THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO PERMIT YOU TO PORT ANY TELEPHONE NUMBER(S) PROVIDED AS PART OF THE SERVICE UNLESS YOU SATISFY THE PROVISIONS IN SECTION 19 (a) BELOW FOR PORTING OUT THE NUMBER. YOU UNDERSTAND AND AGREE THAT YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY UNLESS YOU SATISFY THE PROVISIONS IN SECTION 19 (a) BELOW FOR PORTING OUT THE NUMBER(S). IN THE EVENT YOU VIOLATE THE FOREGOING PROVISION, YOU AGREE TO IMMEDIATELY RETURN THE NUMBER(S) TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY). YOU AUTHORIZE THE COMPANY TO CHARGE YOUR ACCOUNT CREDIT CARD OR TAKE ANY OTHER MEASURES REQUIRED TO COLLECT THIS PAYMENT AND TO CAUSE THE NUMBER(S) TO BE SO RETURNED. 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 THE COMPANY'S LOSS AND THAT THIS PAYMENT IS NOT A PENALTY. SOME NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS TO BE PLACED ON YOUR RIGHT TO PORT THE TELEPHONE NUMBER ASSIGNED TO YOU, SO SOME OF THESE LIMITATIONS MAY NOT APPLY IF YOU OR THE NUMBER(S) ASSIGNED TO YOU ARE LOCATED IN SUCH A JURISDICTION.
TELEPHONE NUMBERS PORTED IN
IF YOU "PORTED IN" ANY TELEPHONE NUMBER(S) IN CONNECTION WITH YOUR USE OF SERVICE, OR YOU ARE ENTITLED TO "PORT OUT" A TELEPHONE NUMBER UNDER NON-US LAW, YOU MAY "PORT OUT" SUCH NUMBER(S) IN CONNECTION WITH TERMINATING YOUR ACCOUNT ONLY IF, AND ONLY IF, YOU SATISFY THE FOLLOWING REQUIREMENTS: (i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" SUCH TELEPHONE NUMBER(S) OR THE NUMBER(S) YOU PORTED IN ASSOCIATED WITH THE TERMINATED ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR ACCOUNT (THE "PORTING NOTICE PERIOD"); (ii) YOUR NEW TELEPHONE CARRIER PROVIDES THE COMPANY’S TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; (iii) YOU HAVE PAID THE COMPANY FOR ALL SERVICES PROVIDED TO YOU PRIOR TO THE DATE YOU PROVIDE THE COMPANY NOTICE OF YOUR INTENT TO TERMINATE YOUR ACCOUNT; AND (iv) PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN ADMINISTRATIVE FEE TO COVER ITS REASONABLE COSTS ASSOCIATED WITH PROCESSING THE PORT IN AN AMOUNT OF $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) PER TELEPHONE NUMBER. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR CREDIT CARD IN THE APPLICABLE AMOUNT FOR THE ADMINISTRATIVE FEE IN SUBSECTION 19(a)(iv). THE PORTING PROCESS CAN BE LENGTHY; IF YOU WOULD LIKE TO MAINTAIN YOUR ACCOUNT WITH THE COMPANY DURING THE PORTING PROCESS, YOU MUST MAINTAIN YOUR ACCOUNT IN AN ACTIVE STATUS AND NOT TERMINATE YOUR ACCOUNT UNTIL THE PORTING OUT IS COMPLETE. REGARDLESS OF WHEN THE PORT OUT IS COMPLETE, YOU WILL CONTINUE TO BE RESPONSIBLE TO PAY ALL APPLICABLE ACCOUNT FEES WITH RESPECT TO THE TELEPHONE NUMBERS UNTIL YOU FORMALLY TERMINATE YOUR SERVICE. IF YOU FAIL TO SATISFY ANY OF THE FOREGOING REQUIREMENTS, THE COMPANY REMAINS THE CUSTOMER OF RECORD OVER THE NUMBER(S) AND YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR ATTEMPTING TO CAUSE SUCH NUMBER(S) TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE CARRIER OR ANY OTHER PERSON OR ENTITY. THE COMPANY ALSO RETAINS THE RIGHT TO RECLAIM THE NUMBER(S) FROM YOU AFTER THE NUMBER(S) ARE PORTED OUT IN CONTRAVENTION WITH THESE REQUIREMENTS AND TO CHARGE YOUR CREDIT CARD THE US $500 (OR THE EQUIVALENT IN LOCAL CURRENCY) IN LIQUIDATED DAMAGES SET FORTH ABOVE IN THIS SECTION. YOU UNDERSTAND AND AGREE THAT EVEN IF YOU SATISFY THE REQUIREMENTS SET FORTH IN THIS SECTION 19 (a), TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS MAY OCCUR WHEN ATTEMPTING TO PORT OUT THESE NUMBERS (E.G. WHEN NO PORTING AGREEMENT EXISTS BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON) AND SUCH DIFFICULTIES OR INTERRUPTIONS MAY PREVENT YOUR NEW CARRIER FROM PORTING THE NUMBERS. THE COMPANY IS NOT RESPONSIBLE FOR SUCH TECHNICAL OR PROCEDURAL DIFFICULTIES OR INTERRUPTIONS AND YOU WILL RECEIVE NO REFUND OF YOUR ADMINISTRATIVE FEE.
REASSIGNMENT OF TELEPHONE NUMBERS
YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR jCONNECT ACCOUNT FOR ANY REASON, SUCH jCONNECT NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND 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 THE jCONNECT NUMBER 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 THE jCONNECT NUMBER 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. IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE THE SERVICE PROVIDED TO YOU OR AT YOUR REQUEST TO THE jCONNECT 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. EXCEPT AS PROHIBITED BY APPLICABLE LAW, ANY SUCH CHARGES WILL GIVE THE COMPANY THE RIGHT TO IMMEDIATELY TERMINATE OR SUSPEND YOUR jCONNECT ACCOUNT WITHOUT NOTICE.
You agree to indemnify the Company and each of its 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 your Company account, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and including but not limited to, any violation of any laws or regulations prohibiting transmission of unsolicited fax advertisement.
No Resale Of The Service.
Your right to use the Service 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 Service.
Participation In Promotions Of Advertisers.
You may enter into correspondence with or participate in promotions of advertisers showing their products on the Service. Any such correspondence or promotions, 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.
Notices given by the Company to you will be given by email or by a general posting on the j2 Website, or by conventional mail. In any matter requiring the Company's prior consent, such consent will be considered given only if made in the foregoing manner 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, Inc., 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, U.S.A.
THE LAWS OF THE STATE OF CALIFORNIA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF COMPANY SOFTWARE AND THE SERVICE. THE UN 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 COMPANY SOFTWARE OR THE SERVICE 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, 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 email messages as provided as part of the Service.
This site uses the moock fpi, available at http://www.moock.org/webdesign/flash/.
Under California Civil Code Section 1789.3, California Customers are entitled to the following specific consumer rights information:
Pricing Information. Current rates for using the Service may be obtained by calling our Customer Service department. The Company reserves the right to change fees, surcharges, and monthly fees or to institute new fees at any time, as provided for in Section 12 and 13 above.
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.
Agreement to Arbitrate All Disputes
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 software, the j2 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.
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, Inc., ATTN: Legal Department, 6922 Hollywood Boulevard, 5th Floor, Los Angeles, CA 90028, 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.
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.
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.
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.