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PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY PRIOR TO USING THE WEBSITE
Use of the Official Website of “emFAST Inc.” (the "Website") is subject to this Agreement as follows:
COPYRIGHTS
This Site, subsidiary Sites and the materials presented within the sites are the property of emFAST Inc. ("emFAST") and its licensors, and are protected by copyright, international treaties, and other applicable laws. |
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TRADEMARKS & PATENTS
FACSys , OPTUS, EMERGIZE, emPLIA, Fax Enable Your World, Information. Uncompromised. , FACSys GREEN , Go Green. See Green.
The Trademarks, Service Marks and Logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of emFAST and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written consent from the Trademark owner. emFAST aggressively enforces its intellectual property rights to the fullest extent of the law. The name of emFAST, the emFAST Logo or the other emFAST formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from emFAST. emFAST prohibits use of emFAST Logo as part of a link to or from any site unless establishment of such a link is approved in advance by emFAST in writing. Fair use of emFAST Trademarks requires proper acknowledgement. Other product and company names mentioned in this Site may be the Trademarks of their respective owners .
Portions include technology used under license from Catch Curve, Inc (United States Patents No. 4,994,926, No. 5,291,302, No. 5,459,584, No. 6,643,034, No. 6,785,021, No. 7,202,978 and Canadian Patents No. 1329852 and No. 2101327) and Dynamic Depth, Inc, (United States Patent Number 5,461,488) and are copyrighted. |
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USE LICENSE
emFAST grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to emFAST that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and emFAST relating to the sale of products or services (collectively, "Products"), emFAST will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. |
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REGISTRATION OF USER ACCOUNT
In order to use certain Support features of the Site, you may be required to register with emFAST, by providing specific information about yourself, including but not limited to your full name, e-mail address and affiliation/association. In consideration of your use of the Support features of the Site, which require registration, you agree to provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Support features, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or dated, or emFAST believes that it has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or dated, emFAST has full right to temporarily or permanently, dependent on its own discretion, annul your user account, user name, or password and refuse any and all current or future use of the Support features of the Site. |
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USER ACCOUNT PASSWORD AND SECURITY
Upon completing the registration process for use of the Support features of the Site, you will receive a password via e-mail transmission to the confirmed and submitted e-mail address. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your registered user account. You acknowledge and agree that emFAST claims zero responsibility or liability for any loss or damage arising from your failure to comply with user account confidentiality. |
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USER INFORMATION SUBMISSION
No information or material provided to emFAST by you through the Site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By sending any how-to or product information or material, you grant emFAST an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that emFAST is free to use ideas, concepts, know-how or techniques that you submit for any purpose. However, emFAST will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your consent to use your name or we are required to do so by law. Please review the emFAST Privacy Policy for a complete description of how emFAST handles personal information submitted in the process of ordering products or registering for the Site. |
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TERMINATION OF USER ACCOUNT
You agree that emFAST and its vendors, in their sole discretion, may terminate your password or use of the Site, subsidiary Sites and/or Services, and remove and discard any Message within the Services, for any reason, including, without limitation, for lack of use or if the emFAST parties believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Use of the Site. The emFAST parties may also in their sole discretion and at any time discontinue providing the Site, subsidiary Sites, or Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that the emFAST parties and their vendors may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the emFAST entities shall not be liable to you or any third party for any termination of your access to the Services other than as expressly provided for in connection with early termination of a Service. |
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PROPRIETARY RIGHTS
You acknowledge and agree that (i) emFAST, FACSys, the word, and emFAST Logos are registered trademarks of the emFAST. You further acknowledge and agree that (i) any necessary software used in connection with the Site, subsidiary Sites, Services, and the Content (the "Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws and is either owned by or licensed to emFAST and (ii) content contained in sponsor advertisements or information presented to you through the Site, subsidiary Sites, or Services and the Content or advertisers is protected by Copyrights, Trademarks, Service Marks, Patents or other proprietary rights and laws. Except as expressly authorized by the emFAST entities or advertisers, you agree not to reproduce, republish, upload, post, transmit, distribute, copy, publicly display or otherwise use the Content, the Software or any derivative works based on the Site, subsidiary Sites, Services, Content, or the Software, in whole or in part. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by the emFAST parties for use in accessing the Services. Other than a limited right of personal use in connection with your personal, non-commercial use of the Site, subsidiary Sites, Services, and the Content, you will have no rights to the Software. |
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LINKS TO THIRD PARTY SITES
This Site may contain links to Sites owned or operated by parties other than emFAST. Such links are provided for your reference only. emFAST does not control outside Sites and is not responsible for their content nor their conformity to applicable laws. The emFAST inclusion of links to an outside Site does not imply any endorsement of the material on the Site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does emFAST’s inclusion of the links imply that emFAST is authorized to use any Trade Name, Trademark, Logo, legal or official seal or Copyrighted symbol that may be reflected in the linked Site. |
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PRODUCTS
This Site displays Products available for purchase worldwide through Authorized Affiliates, however not all Products are available at all times and Products may be changed, substituted or discontinued at any time. emFAST attempts to provide an accurate description of the Products available for sale, but does not warrant the accuracy, completeness, reliability or currency of such descriptions. Certain Products may be the subject of third-party warranties offered by its manufacturers or providers. Warranty information regarding Products is available to you by calling 1-866-436-3278. Additional Terms and Conditions applicable to your purchases are provided to you on the Site as you order Products, prior to completing your purchase. |
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DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE, SUBSIDIARY SITES, SERVICES, CONTENT AND ANY THIRD PARTY MATERIALS IS AT YOUR SOLE RISK. THE SITE, SUBSIDIARY SITES, SERVICES, CONTENT AND ANY THIRD PARTY MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE emFAST ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(b) THE emFAST ENTITIES MAKE NO WARRANTY THAT (i) THE SITE, SUBSIDIARY SITES, SERVICES, CONTENT OR THE THIRD PARTY MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SITE, SUBSIDIARY SITES,SERVICES, CONTENT OR THE THIRD PARTY MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE, SUBSIDIARY SITES, SERVICES, CONTENT OR THE THIRD PARTY MATERIALS WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, SUBSIDIARY SITES, SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SITE, SUBSIDIARY SITES, SERVICES, CONTENT, OR THE THIRD PARTY MATERIALS WILL BE CORRECTED, AND (vi) THE SITE, SUBSIDIARY SITES, SERVICES, CONTENT OR THE THIRD PARTY MATERIALS WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) ANY MATERIAL DOWNLOADED, STREAMED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, SUBSIDIARY SITES, OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, STREAM OR ACCESS OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE, SUBSIDIARY SITES, OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. |
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AGREEMENT
You agree that this agreement and your use of this Site are governed by the laws of the State of New Jersey and the laws of the United States of America applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New York State, USA in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. emFAST has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or Products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use. With the prior agreement of emFAST, any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be a single arbitrator. The location of the arbitration shall be Buffalo, New York. The governing law of the contract shall be the substantive law of New York, without regard to conflicts of laws.
The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that emFAST may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and emFAST as a result of this agreement or your use of this Site. emFAST’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of emFAST’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by emFAST with respect to such use. This agreement, the privacy statement, and terms of sale presented to you in connection with your transaction constitute the entire agreement between you and emFAST with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and emFAST with respect to this Site. No modification of this agreement shall be effective unless it is authored by emFAST, or its affiliates, or unless it is physically signed in ink by an emFAST officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by emFAST in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by emFAST in printed form. |
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Copyright © 2008. emFAST, Inc. All Rights Reserved.
The FACSys and FACSys family of Trademarks are Registered Trademarks of emFAST Inc.
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