Terms and Conditions
1. The broadcast fax services are to be prepaid based on 3centFaxBroadcast.com’s preliminarily determined estimate of the number of pages that will be successfully transmitted by broadcast fax. At the conclusion of a job, there will be a true-up in which the actual number of pages successfully transmitted will be compared with the preliminary estimate, and your account will be either debited or credited accordingly. No broadcast fax job will be started until 3centFaxBroadcast.com has received payment of the preliminary estimate, unless other satisfactory arrangements have been separately made with 3centFaxBroadcast.com.
2. You warrant and represent that you possess the legal right and ability to enter into this Agreement, and that you have sufficient resources to fully comply with your duties and responsibilities as stated in these Terms & Conditions. You authorize 3cent FaxBroadcast.com to make any inquiry or investigation it may deem appropriate to independently verify your warranties and representations. If, in its sole discretion, 3centFaxBroadcast.com determines that it requires a third party guarantor, a cosigner, a performance bond, or some other form of security to assure the full and complete performance of your duties and obligations under these Terms & Conditions, it may terminate or withhold service until such further assurance has been provided.
3. You are solely responsible for the form and content of any document that is submitted to 3centFaxBroadcast.com for broadcast fax services. You represent and warrant that (a.) you are the author of the document or have obtained rights from the author to distribute (or redistribute) the document; (b.) the document does not contain anything that is offensive or illegal; and (c.) that all documents submitted by you for broadcast fax service by 3centFaxBroadcast.com are in compliance with all applicable state and federal laws, rules and regulations relating to the transmission of documents by broadcast fax equipment.
4. 3centFaxBroadcast.com does not provide lists of fax numbers, and will not provide you with any list of numbers to which your documents may be faxed. It is your responsibility to provide the numbers to which documents submitted for 3centFaxBroadcast.com’s broadcast fax service are to be sent. As to those numbers, you warrant, represent and guarantee that you have an existing business relationship with the owner(s) of each number, or have specific permission to communicate with each such owner by fax.
5. You understand and agree that 3centFaxBroadcast.com only provides actual transmission services for documents you have designed to numbers that you have provided. 3centFaxBroadcast.com does not provide any marketing, design or legal advice, and you have not received or relied on any information or advice from 3centFaxBroadcast.com.
6. If 3centFaxBroadcast.com ever becomes aware of facts that indicate that the documents or numbers provided by you violate any of your warranties and representations, it may, without any liability to you, terminate any pending or outstanding broadcast fax jobs that you may have ordered, and for its trouble, as a supplement to any other remedies it may have, it may keep any sums paid by you for such services.
7. If any claim, demand, or action of any kind is ever made or taken against 3centFaxBroadcast.com because of the documents submitted for broadcast fax services or because of the numbers provided to which such documents have been sent, you agree to fully defend 3centFaxBroadcast.com, indemnify it, and hold it completely harmless with respect to such claims, with respect to any damages, penalties, fines, or interest that may be sought against it, and for all attorney fees and costs that it may incur in connection therewith.
8. You may not transfer or assign your rights, duties or obligations concerning the broadcast fax services you order from 3centFaxBroadcast.com to anyone, and any attempt to do so is void.
9. The laws of the state of South Dakota govern this agreement. Exclusive jurisdiction for any claim or dispute arising from your use of 3centFaxBroadcast.com ‘s services shall be in the United States District Court sitting in Sioux Falls, South Dakota. If any provision of this agreement is held to be invalid or unenforceable, it shall be stricken and the remaining provisions shall be enforced. 3centFaxBroadcast.com ‘s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.