Customer Agreement Virtual Office
These Terms of Service are effective on January 1, 2009, for current users, and
upon acceptance for new users.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR SIGNING
UP FOR SERVICES
- Acknowledgement and Acceptance of Terms of Service
- Modifications to this Agreement and to the Services
- Services
- Use Limitation and Storage Practices
- Privacy Policy
- Your Responsibilities
- Disclaimer of Warranties
- Limitation of Liability
- Charges
- Billing
- Termination or Suspension
- Offix Solutions Telephone Numbers
- Indemnification
- No Resale Of The Services
- Participation In Promotions Of Advertisers
- Notices; Consent
- General Terms
- Consumer Rights
- LEGAL NOTICES
- Acknowledgement and Acceptance of Terms of Service
This Agreement is between you ("you", "your"), as an authorized user of the
Services, and Offix Solutions, LLC., a Florida corporation, or its subsidiaries (the "Company" or "we"). For purposes of this Agreement, "Services" is defined as any
and all services provided by the Company to you either now or in the future and "Offix Solutions account" is defined as the account through which you access the
Services.
These Terms of Service, together with any operating rules, policies, price schedules
or other supplemental documents published from time to time by the Company
(collectively, the "Agreement"), constitutes the entire agreement between the
Company and you regarding the Services, and supersedes all prior agreements
between the Company and you regarding the subject matter of this Agreement. By
using the Services, you confirm your acceptance of, and agree to be bound by, this
Agreement. If you are using the Services on behalf of your employer, you represent
that you are authorized to accept this Agreement on your employer´s behalf.
For Canadian Users: Please note that when you place an order to purchase on this
Website, it constitutes an offer to purchase and remains subject to the company´S
acceptance. Goods or services listed or described on this Website constitute an
invitation to make an offer to purchase.
If you begin, but fail to complete the sign up process for Services, the Company may
contact you in an effort to help you sign up for the Services or another service
provided by the Company. You hereby authorize the Company to make such contact,
even if you ultimately determine not to sign up for any of the services provided by
the Company.
Unless explicitly stated otherwise, this Agreement will govern the use of any new
features that augment or enhance the current Services, including but not limited to
the release of new Company software and Services. In the case of any violation of
this Agreement, the Company reserves the right to seek all remedies available by
law and in equity.
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 Services (as well as for use of your
account by others, including minors living with you) and to comply with your
responsibilities and obligations as stated in this Agreement.
Modifications to this Agreement and to the Services
The Company may automatically amend this Agreement at any time by posting a
revised Agreement on the Offix Solutions website, and if the amendments are material sending information regarding the amendment to the email address you provide to the Company. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE OFFIX SOLUTIONS WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE 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. The Company reserves the right to modify or discontinue any of the Services with or without notice to you and the Company shall not be liable to you or any third party should the Company exercise its right to do so.
Services
The Company offers the Services at its Website www.offixsolutions.com (together
with other Websites owned and operated by the Company, the "Offix Solutions"). Individually, the Services are:
a. Basic Plan: includes (a) mail management, mail forwarding as well as a physical address know as: 7950 NW 53rd Street Miami, Florida 33166 U.S.A.
b. Executive Plan: includes the same features as the Basic Plan (see a. above) plus: (a) a virtual PBX that directs telephone calls to telephone numbers you specify and(b) an autoattendant allowing callers to have their call routed to one of a number of specified recipients. (c) US phone number.
d. Corporate Plan: (referred to herein as "LIVE Receptionist") includes the
same features as the Corporate Plan (see b. above) plus a live team of professional
receptionists that answer and take messages for calls directed to your Service
telephone number. A maximum of 200 calls per month (30 days) is allowed on this plan. After the 200 calls, the account will be automatically charged $29.99 for an additional 30 calls on that month.
e. Offix Solutions International: Offix Solutions International (referred to herein as "International") provides a "virtual office" in certain countries, meaning that you
will have a local telephone number in that country where people can call you or
send you a fax.
Privacy Policy
Information collected by the Company about you will be treated in accordance with
our privacy policy ("Privacy Policy"). This Privacy Policy can be found at
http://www.offixsolutions.com/privacy.html. If the Company decides to change its
privacy practices, the Company will post a revised Privacy Policy at this location so
you are always aware of what information the Company collects, how the Company
uses it and under what circumstances, if any, the Company discloses it.
The
Company will use information in accordance with the Privacy Policy in effect at the
time the information was collected. If the Company makes any material changes to
its privacy practices or material changes to how your information is treated, the
Company will notify you via email. You will have a choice as to whether or not the
Company uses your information in this different manner. However, if you have
deleted/deactivated your Offix Solutions account, then you will not be contacted, nor will your personal information be used in this new manner.
Privacy Notice Regarding V2T Services: The provision of the V2T Services may
involve the review of your voicemails by third party human operators ("operators")
and you consent to these operators hearing and transcribing your voicemails into
text. These operators will not receive any personal information about your account
except as strictly required to perform the Services. The Company will not read,
listen to or disclose to any third parties your voicemails, emails, voicemail
transcriptions or other communications transmitted through the Services except as
specifically set forth herein, as required to ensure proper operation of the Services
or as otherwise authorized by the Privacy Policy. Where the Company is unable to
convert a message to text due to poor dictation, noisy environment, poor phone
connection or dropouts, language, unacceptable content or any other reason, the
Company will notify you by email that you have received a voicemail message that
could not be transcribed.
5. Your Responsibilities
a. General You must
(a) obtain and pay for all equipment and thirdparty services required for you to access and use the Services;
(b) maintain any security of your user identification, and other confidential
information relating to your Offix Solutions account and;
(c) be responsible for all
charges resulting from use of your Offix Solutions account, including unauthorized use prior to your notifying the Company of such use and taking steps to prevent its
further occurrence.
b. User Account, Password, and Security
As part of your registration process, you will be required to provide a valid email
address and select a password. Once you become a registered user, your
Offix Solutions number will be automatically sent to you by email. You may change
your password to protect your voicemails and faxes after logging in to the
Offix Solutions Website. You are entirely responsible for notifying the Company of any change in your email address and for failing to maintain the confidentiality of your password, Offix Solutions number and account information. Furthermore, you are entirely responsible for any and all activities that occur under your Offix Solutions account. You agree to immediately notify the Company of any unauthorized use of your Offix Solutions account or any other breach of security known to you.
c. Content of Transmissions
You are fully responsible for the contents of your transmissions through the
Services. The Company simply acts as a passive conduit for you to send and receive
information of your own choosing.
d. Prohibited Conduct
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, unfair competition, antidiscrimination,
securities laws or false advertising). You agree:
(1) to comply with
US law regarding the transmission of technical data exported from the United States
through the Services;
(2) not to use the Services for illegal purposes;
(3) not to
interfere 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;
(6) not to
transmit through the Services any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene or otherwise objectionable material of any
kind of nature;
(7) not to use or reference the Services for chain letters, junk fax or
junk mail, spamming or any other use of distribution lists to any person who has not
given specific permission to be included in such a process;,
(8) not to use the Service
to attempt to gain unauthorized access to other computer systems; and
(9) not to
interfere with another''s use and enjoyment of the Services or similar services.
1. Spam
If you transmit or are otherwise connected with any email, fax or voice ‘spam'' or
other unsolicited marketing message, you agree to pay the Company its actual
damages if those damages can be reasonably calculated. If actual damages cannot be
reasonably calculated, you agree to pay the Company liquidated damages of ten
dollars (US $10.00) for each piece of ‘spam'' or unsolicited marketing message
transmitted from or otherwise connected with your Offix Solutions account. You
acknowledge that if actual damages cannot be reasonably calculated, these
liquidated damages are a reasonable estimation of such damages and are not a
penalty. You also agree that the Company may charge such damages to your credit
card or other payment method you use to pay for the Services.
2. Prohibited Charges
You agree that you are not authorized to charge products or services provided to
you or at your request to the Offix Solutions number assigned to you by the Company and that you will not request or otherwise cause any third-party to charge any such products or services to such number. Any such charges will give the Company the right to immediately terminate or suspend your Offix Solutions account without notice and you further understand and agree that the Company can immediately charge your credit card or other payment method you use to pay for the Services for these products or services.
Disclaimer of Warranties
THE COMPANY AND ITS SOFTWARE AND SERVICES ARE PROVIDED "AS IS," AND
NEITHER THE COMPANY NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS
("PROVIDERS") MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR
WARRANTIES TO YOU REGARDING THE USABILITY, CONDITION OR OPERATION
THEREOF. THE COMPANY AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT,
COMPATIBILITY, SECURITY, ACCURACY OR COMPLETENESS.
NEITHER THE COMPANY NOR ITS PROVIDERS WARRANT THAT ACCESS TO OR
USE OF THE COMPANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR
THAT THE COMPANY SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR
CRITERIA OF PERFORMANCE OR QUALITY. 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 SOFTWARE. SOME URISDICTIONS DO NOT
ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF
THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Limitation of Liability
YOUR USE OF THE COMPANY SOFTWARE AND 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 (INCLUDING
COMPANY SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE
COMPANY. YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF ITS SERVICE
PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR
SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE ANY
COMPANY SOFTWARE OR SERVICES. NEITHER THE COMPANY NOR ANY OF ITS
SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY
MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS
DIFFICULTIES WHETHER WITHIN OR OUTSIDE THE company´S OR ANY SUCH
SERVICE PROVIDER''S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF
SERVICES.. YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO THE COMPANY
SOFTWARE AND SERVICES AS SET FORTH HEREIN, WHETHER BASED ON
CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF THE COMPANY OR ANY SUCH
PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE
LIABILITY OF THE COMPANY AND ITS PROVIDERS AND YOUR EXCLUSIVE REMEDY
WITH RESPECT TO THE USE OF THE COMPANY SERVICES AND SOFTWARE OR ANY
BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE MOUNT
ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE COMPANY 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 SERVICE
PROVIDERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN
EXCESS OF THIS LIMITATION. SOME JURISDICTIONS DO NOT ALLOW LIABILITY TO
BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Charges
a. Prices
You agree to pay all charges for your use of the Services at the prices then in effect
for your plan. The Company reserves the right to charge sales taxes or other taxes
on the Services as it deems appropriate and the Company reserves the right to
change prices or institute new charges for access to or use of the Services. All pricing
changes will be sent to you by email and you are responsible for regularly reviewing
such pricing information to obtain timely notice of such changes. Continued use of
the Services or non-termination of your Offix Solutions account after changes are sent constitutes your acceptance of the prices as modified by the prices sent.
Billing
a. Payment
Payment of your Offix Solutions account balance is due monthly or annually, in
accordance with your payment plan, the currency in which it is billed, and must be
made by the credit or debit card (hereinafter "credit card" will refer to both credit
and debit cards) designated by you for Offix Solutions use and transactions or through other methods, including monthly invoicing (if you meet certain criteria) or prepayment by check or credit card. If your Offix Solutions 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. Your activation fee and monthly or annual service fees, as applicable,
are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that
the Company may submit charges for your annual service fee annually and for your
monthly service fee monthly, plus all applicable usage fees, 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) ("Verification Procedures") that you have
terminated this uthorization 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 Offix Solutions number, your first payment for such additional Offix Solutions number(s) may be prorated to coincide with the
monthly/annual anniversary of your first Offix Solutions number. Failure to use your account will not be deemed a basis for refusing to pay any charges. If you have any questions regarding any charges that have been applied to your Offix Solutions
account, you must contact Customer Service within thirty (30) days of the charge
date.
b. Credit Card Payments
Each time you use the Services, or allow or cause the Services to be used, you agree
and reaffirm that the Company is authorized to charge your designated card. If the
credit card 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 Company. Your
card issuer''s agreement governs your use of your designated card, and you must
refer to such agreement (not this Agreement) with respect to your rights and
liabilities as a cardholder. You are responsible for overdraft fees and all other fees
charged by your card issuer. 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 charges. This means that accumulated charges may appear on
the statement you receive from your card issuer.
c. Pre-Paid Discounts
If you subscribed for a Service pursuant to a special offer granting a pre-paid
discount for a fixed term, your pre-paid fees are payable in advance and are
COMPLETELY NON-REFUNDABLE. In addition, your initial service fee for the next
term immediately following your pre-paid period will be PRE-AUTHORIZED
AGAINST YOUR CREDIT CARD LIMIT and will be immediately charged to your credit
card, without further authorization from you, upon the expiration of such pre-paid
period, unless you provide prior notice (in accordance with the Verification
Procedures) that you have terminated this authorization. Such notice will not affect
charges submitted before the Company could reasonably act on your notice.
d. Providing Notification to Company
You must promptly notify the Company of changes to: (a) the account number or
expiration date of your designated credit card; (b) your billing address for the
designated credit card and (c) the name of each minor whom you have authorized to
use your Offix Solutions account. You must also promptly notify the Company if your
card is canceled (e.g., for loss or theft).
Termination or Suspension
a. By You
You may terminate your Offix Solutions account at any time, with or without cause, upon notice. In order for you to give notice to the Company that you want to terminate your account, you must contact Customer Service (call 305-7991576). A Customer Service representative will assist you with terminating your account inaccordance with the company´S Verification Procedures.
b. By the Company
The Company may terminate or suspend your Offix Solutions account at any time, with or without cause, upon notice. The Company reserves the right to do so without prior notice, provided that the Company will attempt to confirm such termination or suspension by subsequent notice. In addition, the Company reserves the right to suspend or terminate your Offix Solutions account without notice upon rejection of any credit 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. The Company reserves the right to limit use of the Services or to terminate any account if we believe unreasonable usage has occurred on such account or if the Services are used in a manner that is not permitted by this Agreement. If your account is suspended or terminated and the Company later reactivates your account, the Company may charge you a reactivation fee of $50.00. The Company also reserves the right to take any action with respect to the Services that it 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 others or cause the Company to lose (in whole or in part) the services of the company´S suppliers.
Offix Solutions Telephone Numbers
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 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.
a. Offix Solutions Number; Porting Charges
YOU UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY
OFFIX SOLUTIONS NUMBER ASSIGNED TO YOU BY THE COMPANY. OWNERSHIP OF ANY SUCH OFFIX SOLUTIONS NUMBER IS VESTED SOLELY IN THE COMPANY (AND YOU ARE GIVEN A REVOCABLE LICENSE TO USE SUCH NUMBER IN ACCORDANCE WITH THIS AGREEMENT). YOU ARE EXPRESSLY PROHIBITED FROM CAUSING OR
ATTEMPTING TO CAUSE THE OFFIX SOLUTIONS NUMBER ASSIGNED TO YOUR
ACCOUNT TO BE TRANSFERRED TO ANY OTHER SERVICE PROVIDER, TELEPHONE
CARRIER OR ANY OTHER PERSON OR ENTITY (ALSO SOMETIMES REFERRED TO
AS "PORTING" THE TELEPHONE NUMBER). IN THE EVENT YOU ARE FOUND TO
HAVE VIOLATED THIS PROHIBITION YOU AGREE TO IMMEDIATELY RETURN THE
NUMBER TO THE COMPANY AND PAY THE COMPANY AN AMOUNT EQUAL TO $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. YOU AGREE THAT THIS PAYMENT
REPRESENTS LIQUIDATED DAMAGES REFLECTING A REASONABLE MEASURE OF
THE ACTUAL OR ANTICIPATED HARM AND DAMAGES CAUSED TO 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 OFFIX SOLUTIONS NUMBER ASSIGNED TO YOU, SO SOME OF THESE
LIMITATIONS MAY NOT APPLY. HOWEVER, EVEN IF IN YOU ARE ENTITLED TO
PORT SUCH OFFIX SOLUTIONS NUMBER, YOU UNDERSTAND AND AGREE THAT IT MAY NOT BE POSSIBLE TO DO SO, E.G. WHEN NO PORTING AGREEMENT EXISTS
BETWEEN YOUR AND OUR TELEPHONE CARRIER OR FOR ANY OTHER REASON.
b. Porting Out
IF YOU "PORTED IN" A TELEPHONE NUMBER IN CONNECTION WITH YOUR USE OF
SERVICES OR ARE ENTITLED TO "PORT OUT" A OFFIX SOLUTIONS NUMBER UNDER LOCAL LAW, YOU MAY "PORT OUT" THAT NUMBER UPON TERMINATION OF YOUR ACCOUNT ONLY IF YOU SATISFY THE FOLLOWING REQUIREMENTS:
(i) YOU PROVIDE WRITTEN NOTICE TO THE COMPANY OF YOUR INTENTION TO "PORT OUT" THE TELEPHONE NUMBER ASSOCIATED WITH THE TERMINATED
OFFIX SOLUTIONS ACCOUNT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF TERMINATION OF YOUR OFFIX SOLUTIONS ACCOUNT (THE "PORTING NOTICE PERIOD");
(ii) YOUR NEW TELEPHONE CARRIER PROVIDES OUR TELEPHONE CARRIER WITH A DULY EXECUTED PORTING REQUEST PRIOR TO THE EXPIRATION OF THE PORTING NOTICE PERIOD; AND
(iii) PRIOR TO THE
EXPIRATION OF THE PORTING NOTICE PERIOD, THE COMPANY HAS RECEIVED AN
ADMINISTRATION FEE TO COVER ITS COSTS ASSOCIATED WITH PROCESSING THE
PORT IN AN AMOUNT OF (A) $40 (OR THE EQUIVALENT IN LOCAL CURRENCY) IF
YOU "PORTED IN" THE TELEPHONE NUMBER OR (B) THE LESSER OF $100 (OR
THE EQUIVALENT IN LOCAL CURRENCY) OR THE MAXIMUM PERMITTED UNDER
LOCAL LAW IF YOU ARE ENTITLED TO "PORT OUT" A OFFIX SOLUTIONS NUMBER
UNDER LOCAL LAW. YOU HEREBY AUTHORIZE THE COMPANY TO CHARGE YOUR
CREDIT CARD IN THE APPLICABLE AMOUNT OR TO OTHERWISE ARRANGE TO
MAKE THIS PAYMENT TO THE COMPANY WITHIN THE PORTING NOTICE PERIOD.
IF YOU FAIL TO SATISFY THESE REQUIREMENTS, THE TELEPHONE NUMBER YOU"PORTED IN" WILL BECOME THE SOLE AND EXCLUSIVE PROPERTY OF THE
COMPANY.
c. Re-assignment of Offix Solutions Number Upon Termination
You understand and agree that following the termination of your Offix Solutions
account for any reason, your Offix Solutions number may be re-assigned immediately 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.
d. company´S Right to Change Your Offix Solutions Number
You understand and agree that the Company may from time to time need to change
the Offix Solutions 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 Offix Solutions 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.
Indemnification
You agree to indemnify and hold harmless 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
Offix Solutions 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; or any violation of any laws
or regulations prohibiting transmission of unsolicited faxes or emails.
No Resale Of The Services
Your right to use the Services is personal to you. You agree not to resell the use of
the Services.
Participation In Promotions Of Advertisers
You may enter into correspondence with or participate in promotions of advertisers
showing their products on the Services. 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 such
correspondence or promotion.
Notices; Consent
Notices given by the Company to you will be given by email, by a general posting on
the Offix Solutions Website or by conventional mail. Notices given by you to the
Company must be given by email or by conventional mail (subject, however, to the
company´S Verification Procedures, which may include the requirement that you
contact the Company by phone to confirm that any such notice was in fact sent by
you). Notices to the Company by conventional mail must be sent to Offix Solutions,
LLC., 7950 NW 53rd Street Miami, Florida 33166 U.S.A
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.
General Terms
THE LAWS OF THE STATE OF FLORIDA, U.S.A., EXCLUDING ITS CONFLICTS-OF-LAW
RULES, GOVERN THIS AGREEMENT AND YOUR USE OF THE COMPANY SOFTWARE
AND SERVICES. 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 THE COMPANY SOFTWARE OR SERVICES RESIDES IN THE UNITED STATES
DISTRICT COURT FOR THE CENTRAL DISTRICT OF FLORIDA OR A SUPERIOR
COURT FOR THE STATE OF CALIFORNIA LOCATED IN LOS ANGELES COUNTY.
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 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 or other messages as provided as
part of the Services.
LEGAL NOTICES
a. Trademark Information
Offix Solutions is a registered trademark of the Company in the United States and
other countries. The Companys´s trademarks may be used publicly only with written permission from the Company. Fair use of the Companys´s trademarks in advertising and promotion of
the company´S services requires proper acknowledgement.
b. Single Copy License
The materials at the Offix Solutions Site, www.offixsolutions.com and the web pages
within it (the "Site"), are copyrighted and any unauthorized use of such materials
may violate copyright, trademark and other laws. You may download one copy of
the information or software ("Materials") found on the Site on a single computer for
your personal, non-commercial internal use only unless specifically licensed to do
otherwise by the Company in writing or as allowed by any license terms which
accompany or are provided with individual Materials. This is a license, not a transfer
of title, and is subject to the following restrictions: you may not:
- Modify the Materials or use them for any commercial purpose, or any public
display, performance, sale or rental;
- Decompile, reverse engineer or disassemble software Materials except and only
to the extent permitted by applicable law;
- Remove any copyright or other proprietary notices from the Materials;
- Transfer the Materials to another person. You agree to prevent any unauthorized
copying of the Materials.
c. Termination of this License
The Company may terminate this license at any time if you are in breach of the
terms of this Agreement. Upon termination, you will immediately destroy the
Materials.
d. Ownership of Materials
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without the Company´s
prior written permission. Except as expressly provided herein, the Company and its
suppliers do not grant any express or implied right to you under any patents,
copyrights, trademarks or trade secret information. Other rights may be granted to
you by the Company in writing or incorporated elsewhere in the Materials.
e. Links
Links provided on the Site are provided solely as a convenience to you and the
provision of any such link does not constitute our endorsement of the linked
website or its provider or of any of the content, products or services contained or
offered therein. Your use of linked websites is subject to the conditions, if any, that
each of those websites has posted. You agree that the Company is not responsible
for the accuracy, copyright compliance, legality, decency or any other aspect of the
contents, products, Services or any transmissions received through such websites.
You further agree that the Company has no liability whatsoever from such third
party websites and your usage of them.
f. Disclaimer
THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCENTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT IMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
The Company and its suppliers further do not warrant the accuracy or completeness
of the information, text, graphics, links or other items contained within these
Materials. The Company may make changes to these Materials, or to the services
described therein, at any time without notice. The Company makes no commitment
to update the Materials.
