FAX

General Terms of Service

CUSTOMER AGREEMENT

View the Customer Agreement for IMPACT FAX accounts at http://www.impactfax.com.

This Agreement is between A&P Technologies, Inc ("I-FAX") and you ("you" or "Customer"), as an authorized user of I-FAX, and governs the terms and conditions of your use of I-FAX services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by I-FAX (collectively, the "Agreement"), constitutes the entire agreement between I-FAX and you regarding I-FAX Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "I-FAX" or "Services" are defined as any and all services provided by I-FAX to you either now or in the future. By using I-FAX, you confirm your acceptance of, and agree to be bound by, this Agreement.  

1.        I-FAX Services.  I-FAX offers Services described at its website http://www.impactfax.com. Individually, the Services are: 

a.        I-FAX 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, "I-FAX Numbers") that provides for the delivery of faxes to electronic mail ("email"); and

                                                  ii.      outbound faxing from email. 

b.       I-FAX service is offered on a month to month basis with no term commitment from the Customer and no term commitment from I-FAX unless agreed to in a separate agreement.  I-FAX reserves the right to adjust its pricing for services offered at any time.

2.        I-FAX Service Usage. The terms of use for I-FAX vary depending upon whether the Customer has received a toll-free or local (e.g., non-toll-free) I-FAX Number, as described below:  

a. Individual Residential Realtor Non-Toll-Free Service Usage.  I-FAX defines an Individual Realtor as a single person (Realtor/Agent/Broker/Licensee) working without any assistants (licensed Realtors or unlicensed persons) who is principally engaged in the selling and buying transactions of Real Property as an agent for a homeowner buyer or homeowner seller. I-FAX specifically excludes from this class of service Realtors/Agents/Brokers/Lisensees/Assistants operating as a group, team or collective; also, Realtors who are principally engaged in rental, leasing, BPO, REO, Bank Owned Property listings and transactions, Brokering of Mortgages, Short Sales, or using the service principally as a scanning function. As a Non-Toll Free Service Residential Realtor Customer, you will receive a local I-FAX Number from which you may receive in your email an unlimited number of faxes. HOWEVER, SUCH UNLIMITED USE IS SUBJECT TO I-FAX's "FAIR USE" POLICY. UNDER THIS POLICY, IF AT ANY TIME, IN I-FAX'S SOLE DISCRETION, YOUR USE EXCEEDS THE LEVEL OF USE REASONABLY EXPECTED FROM SOMEONE USING THIS SERVICE FOR INDIVIDUAL USE FOR NON-WHOLESALE TRANSACTIONS, THEN I-FAX RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR I-FAX ACCOUNT WITHOUT PRIOR NOTICE (PROVIDED THAT I-FAX WILL ATTEMPT TO CONFIRM SUCH TERMINATION OR SUSPENSION BY SUBSEQUENT NOTICE). IN SUCH EVENT, A I-FAX REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU AND ESTABLISH A REASONABLE USAGE CHARGE THAT WILL PERMIT YOU TO CONTINUE YOUR USE OF THIS SERVICE.  Realtors/Agents/Brokers/Licensees and Teams not meeting the definition of this class of service should contact I-FAX for an appropriate service plan and pricing.

b.       I-FAX Non-Toll-Free Service Usage.  As a Non-Toll-Free Customer, you will receive a non-toll-free I-FAX Number from which you may receive faxes in your email. You will be charged a usage fee (as set forth by I-FAX) based on the number of pages so received.  

c.        I-FAX Toll-Free Service Usage.  As a Toll-Free Customer, you will receive a toll-free I-FAX Number from which you may receive faxes in your email. You will be charged a usage fee (as set forth by I-FAX) based on the number of pages so received.  

3.        Privacy Policy.  I-FAX is dedicated to establishing trusting relationships with its Customers, based on respect for personal identity and information. To demonstrate our commitment to Customer privacy, we have developed a Privacy Policy, a current copy of which is available from Impact Fax.  If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our Customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected. If, however, we are going to use Customers' personally identifiable information in a manner different from that stated at the time of collection we will notify Customers via email. Customers will have a choice as to whether or not we use their information in this different manner. However, if Customers have opted out of all communication with I-FAX, or deleted/deactivated their account, then they will not be contacted, nor will their personal information be used in this new manner. In addition, if we make any material changes in our privacy practices that do not affect Customer information already stored in our database, we will post a prominent notice on our Web site notifying Customers of the change. In some cases where we post a notice we will also email Customers, who have opted to receive communications from us, notifying them of the changes in our privacy practices.

4.        Customer Responsibilities.  You are fully responsible for the contents of your transmissions through the Services. I-FAX simply acts as a passive conduit for you to send and receive information of your own choosing. However, I-FAX reserves the right to take any action with respect to the Services that I-FAX deems necessary or appropriate in its sole discretion if I-FAX believes you or your information may create liability for I-FAX, compromise or disrupt the Services for you or other Customers, or cause I-FAX to lose (in whole or in part) the services of I-FAX ISPs or other suppliers. 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, anti-discrimination or false advertising). You agree:

a.        to comply with US law regarding the transmission of technical data exported from the United States through the Services;

b.       not to use the Services for illegal purposes;

c.        not to interfere or disrupt networks connected to the Services;

d.       to comply with all regulations, policies and procedures of networks connected to the Services;

e.        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; and

f.         not to transmit through the Services 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.

g.       The Services make use of 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 use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems.

h.       You shall not interfere with another Customer's use and enjoyment of the Services or another entity's use and enjoyment of similar services. 

i.         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 I-FAX Services; (b) maintain any security of your Customer identification, and other confidential information relating to your I-FAX account and; (c) be responsible for all charges resulting from use of your I-FAX account, including unauthorized use prior to your notifying I-FAX of such use and taking steps to prevent its further occurrence.

5.        Unsolicited Fax Advertisement/Spam Drop-Box Policy.

a.        Unsolicited Fax Advertisement Policy.  The transmission of unsolicited fax advertisements is illegal under the Federal Telephone Consumer Protection Act (http://www4.law.cornell.edu/uscode/47/227.html) and a number of similar state laws. Distribution of unsolicited fax advertisements through the Services is prohibited. I-FAX understands that receipt of such faxes can impair your use of our Services. Accordingly, I-FAX intends to use legally available means to prevent distribution and receipt of unsolicited fax advertisements to or by our Customers. At I-FAX option and without further notice, I-FAX may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.  You hereby acknowledge and agree that I-FAX, as owner of all I-FAX Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt 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 I-FAX.  If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:

                                                   i.      If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and

                                                  ii.      Please file a complaint with I-FAX by inserting the required information into an email, attach the offending fax and send to abuse@impactfax.com.

b.       Because our I-FAX 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 spam faxes on your I-FAX Number.

c.        Spam Drop-Box Policy.   I-FAX does not permit its Customers to use their I-FAX number as a "drop-box" for responses to email spam offers. If you believe you are in receipt of email spam that uses an I-FAX number as a fax drop-box for responses, we ask that you take the following steps:

                                                   i.      If the email contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional emails, please do so.

                                                  ii.      If you are unable to successfully "unsubscribe," please forward the offending email to abuse@impactfax.com. We will investigate your complaint and determine if the fax number referenced in the spam email is a I-FAX number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their I-FAX service.

d.       Call Forwarding.  I-FAX does not permit its Customers to call forward other Fax numbers to an I-FAX number without prior consent from I-FAX.

6.        Termination. Either you or I-FAX may terminate your I-FAX account at any time, with or without cause, upon notice. Any such notice by you to I-FAX must be in accordance with I-FAX'S verification procedures, as such procedures may be established and changed by I-FAX from time to time in its sole discretion, and which may include the requirement that you contact I-FAX by phone to confirm that any such notice was in fact sent by you. I-FAX also reserves the right to terminate or suspend your I-FAX account without prior notice, provided that I-FAX will attempt to confirm such termination or suspension by subsequent notice.

7.        Customer Representations.  You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state 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 I-FAX (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.

8.        Modifications to Customer Agreement. I-FAX may automatically amend this Agreement at any time by (a) posting a revised I-FAX Customer Agreement on the I-FAX Website, and/or (b) sending information regarding the amendment to the email address you provide to I-FAX. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE I-FAX WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE I-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 I-FAX.

9.        Modifications to Services.  I-FAX reserves the right to modify or discontinue any of the Services with or without notice to you. I-FAX shall not be liable to you or any third party should I-FAX exercise its right to modify or discontinue the Services.

10.     Disclaimer of Warranties and Limitation of Liability.

a.        I-FAX AND ALL OTHER I-FAX ANY I-FAX SERVICES ARE PROVIDED "AS IS," AND NEITHER I-FAX 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. I-FAX DOES NOT WARRANT THAT ACCESS TO OR USE OF SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. I-FAX 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 I-FAX AND ITS SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM I-FAX. YOU AGREE THAT NEITHER I-FAX NOR ANY OF ITS LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF OR INABILITY TO USE I-FAX OR ANY OTHER I-FAX SERVICES, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACTUAL, TORT OR OTHER GROUNDS, EVEN IF I-FAX OR ANY SUCH LICENSOR OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE ENTIRE LIABILITY OF I-FAX AND ITS LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF I-FAX AND ANY OTHER I-FAX SERVICES OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SERVICES. YOU HEREBY RELEASE I-FAX 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 I-FAX 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 I-FAX '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.

d.       YOU WILL NOT RELY ON ANY REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, MADE BY ANY PERSON OTHER THAN AN AUTHORIZED OFFICER OF I-FAX , IN EVALUATING THE I-FAX SERVICE OR ANY OTHER SERVICES AND/OR PRODUCTS OF I-FAX.

11.     Charges.

a.        You agree to pay all charges for your use of I-FAX Services at the prices then in effect for your country of residence. All charges will be exclusive of value added ("VAT"), sales or other taxes, except as required by law. I-FAX reserves the right to change prices or institute new charges for access to or use of I-FAX. All changes will be posted by I-FAX at the I-FAX Website or send to you by E-Mail and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of I-FAX Services or non-termination of your I-FAX account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

b.       Payment of your I-FAX account balance is due monthly and, unless you have a qualified business account, must be made by the credit or debit card designated by you for I-FAX use and transactions. If your I-FAX account is a qualified business account and is approved by I-FAX for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.

c.        Charges are to be paid on a monthly basis in the currency in which billed. If the payment method for your I-FAX account is by credit or debit card and payment is not received by I-FAX from the card issuer or its agents, you agree to pay all amounts due upon demand by I-FAX. Each time you use I-FAX Services, or allow or cause I-FAX Services to be used, you agree and reaffirm that I-FAX is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with I-FAX, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that I-FAX 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 I-FAX 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.

d.       Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that I-FAX may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior notice (in accordance with I-FAX's verification procedures, as may be established by I-FAX 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 I-FAX reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact I-FAX's Customer Service Department within 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 I-FAX in accordance with this Agreement.

e.        If you subscribed for I-FAX Services 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 I-FAX's verification procedures, as may be established by I-FAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before I-FAX reasonably could act on your notice.

f.         If you subscribed for I-FAX Services 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 I-FAX's verification procedures, as may be established by I-FAX from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before I-FAX reasonably could act on your notice.

g.       For non-toll free I-FAX Customers, you will incur charges in addition to the minimum monthly charge if you receive a number of pages through your I-FAX account in excess of that permitted by our Fair Use Policy described in paragraph (2.a.) above. You agree that I-FAX may submit charges for such usage charges as and when such charges are incurred or by accumulating such charges (in the sole discretion of I-FAX), without further authorization from you, until you provide prior notice (in accordance with I-FAX's verification procedures, as may be established by I-FAX 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 I-FAX reasonably could act on your notice. If you are using I-FAX Services from certain locations, you may also incur charges levied by your Internet service provider, online service provider and/or long distance carrier to access I-FAX.

h.       You must promptly notify I-FAX of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your I-FAX account. You must also promptly notify I-FAX if your card is canceled (e.g., for loss or theft).

12.     Payment.  I-FAX reserves the right to suspend or terminate your I-FAX account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to I-FAX when I-FAX 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 I-FAX.

13.     Ownership.

a.        All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the I-FAX Service are wholly owned by I-FAX and/or its licensors and service providers except where expressly stated otherwise.

b.       YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY I-FAX NUMBER ASSIGNED TO YOU BY I-FAX. OWNERSHIP OF ANY SUCH I-FAX NUMBER IS VESTED SOLELY IN I-FAX (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND THAT ANY I-FAX NUMBER ASSIGNED TO YOU IS NOT PERMITTED OR AUTHORIZED TO BE PORTED TO ANY OTHER CARRIER OR SERVICE PROVIDER. YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR I-FAX ACCOUNT FOR ANY REASON, SUCH I-FAX NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT I-FAX 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 I-FAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

c.        YOU FURTHER UNDERSTAND AND AGREE THAT I-FAX MAY FROM TIME TO TIME NEED TO CHANGE THE I-FAX NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN I-FAX's CONTROL). YOU AGREE THAT I-FAX WILL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE I-FAX 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 I-FAX HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

d.       IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE I-FAX NUMBER ASSIGNED TO YOU BY I-FAX AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICE PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE I-FAX THE RIGHT TO IMMEDIATELY TERMINATE YOUR I-FAX ACCOUNT WITHOUT NOTICE.

14.     Indemnification.  You agree to indemnify I-FAX 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 I-FAX 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 any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

15.     No Resale Of The Services.  Your right to use the Services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services.

16.     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. I-FAX assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

17.     Notices; Consent.  Notices given by I-FAX to you will be given by email or by a general posting on the I-FAX Website, or by conventional mail. In any matter requiring I-FAX's prior consent, such consent will be considered given only if made in the foregoing manner by an authorized representative of I-FAX. Notices given by you to I-FAX must be given by email or by conventional mail (subject, however, to I-FAX's verification procedures, as may be established by I-FAX from time to time in its sole discretion, and which may include the requirement that you contact I-FAX by phone so as to confirm that any such notice was in fact sent by you). Notices to I-FAX by conventional mail must be sent to I-FAX.

18.     General Terms.  THE LAWS OF THE STATE OF OHIO U.S.A. , EXCLUDING ITS CONFLICTS-OF-LAW RULES, GOVERN THIS AGREEMENT AND YOUR USE OF I-FAX'S 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 I-FAX SERVICES RESIDES IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO OR A SUPERIOR COURT FOR THE STATE OF OHIO LOCATED IN HAMILTON 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. I-FAX's failure to act with respect to a breach by you or others does not waive I-FAX'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. I-FAX shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond I-FAX'S reasonable control.

19.     Refund and Cancelation.  Return & Refund Policy Thanks for shopping with A&P Technologies, Inc. If you are not entirely satisfied with your purchase, we’re here to help. Returns – You have 30 calendar days to return an item from the date you received it. To be eligible for a return, your item must be unused and in the same condition that you received it. Your item must be in the original packaging. Your item needs to have the receipt or proof of purchase. Refunds – Once we receive your item, we will inspect it and notify you that we have received your returned item. We will immediately notify you on the status of your refund after inspecting the item. If your return is approved, we will initiate a refund to your credit card (or original method of payment). You will receive the credit within 30 days, depending on your card issuer’s policies. Shipping – You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are nonrefundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Contact Us If you have any questions on how to return your item to us, contact us using the information on our Contacts page.