ScannXtra Care Fax Service
END USER LICENSE AGREEMENT
October 22, 2012
Scannxtra Fax Service End User License Agreement
This Agreement governs the terms and conditions of your use of the ScannX ScannXtra™ Fax Service between ScannX, Inc. and you. 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 ScannX constitutes the entire agreement between ScannX and the End User regarding the ScannXtra Fax Service, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, " ScannXtra Fax Service" are set out below in Section 1. By using the ScannXtra Fax Service, you confirm your acceptance of, and agree to be bound by, this Agreement.
1. Scannxtra Fax Service
The ScannXtra Fax Service includes the use of the ScannX Book ScanCenter to scan and fax documents.
2. Scannxtra Fax Service Usage
The Customer and its patrons, staff and guests (collectively hereinafter referred to as "End Users") will use the service in accordance with all government policy related to the correct, legal and proper use of any public access fax service. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://ftp.fee.gov/egb/consumerfacts/unwantedfaxes.html) and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the ScannXtra Fax Services is prohibited.
You hereby acknowledge and agree that ScannX and its licensors, as owner of the ScannXtra Fax service or subservices, has any and all rights to assert any and all legal claims available against any third party as a result of your sending of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to ScannX.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access, email service, printer, etc.) required for you to access and use the ScannXtra Fax Services; (b) be responsible for all charges resulting from use of the ScannXtra Fax Services, including unauthorized use prior to your notifying ScannX of such use and taking steps to prevent its further occurrence.
3. Storage of Faxes
While you send a Fax, ScannX will store fax messages sent through your ScannXtra Fax service for a period of 30 days, measured from the date of each fax sent. You acknowledge that ScannX and its partners may change their practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that faxed messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on your behalf, at any time. Customer further agrees that ScannX 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.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the ScannXtra Fax Service are wholly owned by ScannX, its licensors and service providers except
where expressly stated otherwise.
ScannX is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. ScannX will not use the information faxed for its own commercial use and will purge all information on a regular basis.
6. End-User Responsibilities
ScannX is not responsible for the contents of the transmissions of End Users through the ScannXtra Fax service. ScannX simply acts as a passive conduit for End Users to send information of their own choosing. However, ScannX reserves the right to take any action with respect to the ScannXtra Fax Services that ScannX deems necessary or appropriate in its sole discretion if ScannX believes End users' information may create liability for ScannX, compromise or disrupt the ScannXtra Fax Service for you or other customers, or cause ScannX to lose (in whole or in part) the services of ScannXtra Fax service.
Your use of the ScannXtra Fax 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 or false advertising). End User agrees: (1) to comply with all laws regarding the transmission of technical data exported from any country through the ScannXtra Fax Services; (2) not to use the ScannXtra Fax Services for illegal purposes; (3) not to interfere or disrupt networks connected to the ScannXtra Fax Services; (4) to comply with all regulations, policies and procedures of networks connected to the ScannXtra Fax Services; (5) not to use the ScannXtra Fax Services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the ScannXtra Fax Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
End Users 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 ScannXtra Fax Services make use of the Internet for you to send information of your own choosing. As a result, End User conduct is subject to Internet regulations, policies and procedures. End Users agree not use or reference the ScannXtra Fax Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. End Users shall not interfere with another End-User's use and enjoyment of the ScannXtra Fax Services or another entity's use and enjoyment of similar services.
Either Party may terminate the ScannXtra Fax Service at any time, for any reason, with thirty (30) days' prior written notice.
8. Modifications to End-User License Agreement
ScannX may automatically amend this Agreement at any time by posting a revised ScannXtra Fax End-User License Agreement on the scannx.com Website. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE SCANNX.COM WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SCAN-YO-FAX 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 ScannX.
9. Modifications to the Scannxtra Fax Service
ScannX reserves the right to modify or discontinue any of the ScannXtra Fax Service with or without notice to you. ScannX shall not be liable to you or any third party should ScannX exercise its right to modify or discontinue the ScannXtra Fax Service.
10. Disclaimer of Warranties and Limitation of Liability
- a. THE SCANNXTRA FAX SERVICE IS PROVIDED"AS IS," AND NEITHER SCANNX 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. SCANNX DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT SCANNX SOFTWARE OR SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. SCANNX 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.
- b. YOUR USE OF THE SCANNXTRA FAX IS AT YOUR OWN RISK. CUSTOMER AGREEs THAT NEITHER SCANNX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF END USERS' USE OF OR INABILITY TO USE THE SCANNXTRA FAX SERVICE, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF SCANNX OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF SCANNX AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE SCANNXTRA FAX SERVICE ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S.$100.00. YOU HEREBY RELEASE SCANNX 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.
- c. NEITHER SCANNX 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 SCANNX' OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICE…
- d. YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN
- AUTHORIZED OFFICER OF SCANNX IN WRITING, IN EVALUATING THE SCANNXTRA FAX SERVICE OF SCANNX.
You agree to indemnify ScannX 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 your use of ScannXtra Fax Services, 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 any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
12. Notices; Consent
Notices given by ScannX to you will be given by email or by a general posting on the ScannX Website, or by conventional mail. In any matter requiring ScannX' prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of ScannX. Notices given by you to ScannX must be given by email or by conventional mail (subject, however, to ScannX' verification procedures, as may be established by ScannX from time to time in its sole discretion, and which may include the requirement that you contact ScannX by phone so as to confirm that any such notice was in fact sent by you). Notices to ScannX by conventional mail must be sent to ScannX.