RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THOUGHT COMMUNICATIONS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

This Site contains links to third-party Web sites that are not under the control of Thought Communications. Thought Communications makes no representations whatsoever about any other Web site to which you may have access through this Site. When you access a non- Thought Communications Web site, you do so at your own risk and Thought Communications is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites or for the quality of any products or services available on such sites. Thought Communications provides these links merely as a convenience and the inclusion of such links does not imply that Thought Communications endorses or accepts any responsibility for the content or uses of such Web sites.

This Site can be accessed from other countries around the world and may contain references to Thought Communications products, services, and programs that have not been announced in your country. These references do not imply that Thought Communications intends to announce such products, services or programs in your country.

Personal Information and Privacy

To learn about how Thought Communications protects your personal information, such as your name and address, refer to the FaxTalk Online Privacy Policy. Please note that any non-personal information or material sent to Thought Communications will be generally be deemed to NOT be confidential.

License for User Content

For User Content such as comments, bug reports, or product suggestions, you grant Thought Communications an unrestricted, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such User Content, and you also agree that Thought Communications is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted such User Content to us unless: (a) you grant us permission to do so; (b) we first notify you that the User Content you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Order Cancellation Policy

We reserve the right to cancel any order for any reason without notice. If the order is cancelled by us, the customer will receive a full refund. Customers whose order was cancelled by us should not attempt to order any further products until receiving written approval by Thought Communications. Possible reasons for cancellation may include, but are not limited to, the following:

1. Potential Fraudulent Order. If we find issues with an order during the verification process leading us to suspect fraud.
2. Inaccurate Order Information. If we find that information submitted with the order is inaccurate, such as billing address or telephone number.
3. Incorrect Pricing. If an order is placed where the correct price of the software was not charged or where the price of the software has been improperly discounted through the misuse of discount codes or shopping cart manipulation.
4. Purchased From A Non-Saleable Location. If we find that the order was placed from a country where the software is not available for sale.

Prohibited Communications

You may only submit to the Site, User Content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. Violation of these restrictions may result in limitations on access by you to this Site.

Managing User Content and Communications

Thought Communications reserves the right, in its sole discretion, to delete or remove your User Content from the Site and to restrict, suspend or terminate your access to all or part of this Site, at any time for any reason without prior notice or liability.

Thought Communications may establish general practices and limits on the use of any Service, including, but not limited to, limits on retention time, file size, and storage space for User Content. Thought Communications shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any Service.

Thought Communications may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards or other user forums, and (ii) the substance of any User Content.

To the maximum extent permitted by law, Thought Communications will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Thought Communications also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

Export Control Laws; Notice to U.S. Government Users

The export and re-export of FaxTalk software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods. In addition, FaxTalk software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading a FaxTalk software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

All FaxTalk products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

Indemnity

You agree to indemnify and hold Thought Communications, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site (including, without limitation, any User Content), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by Thought Communications from its offices within the state of California, United States of America. By accessing this Site, you and Thought Communications agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. You and Thought Communications also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Clara County and the United States District Court for the Northern District of California with respect to such matters. Thought Communications makes no representation that Materials or Services available on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Acceptance of Terms of Use

By accessing or using the faxtalk.com web site, you agree to the terms of the FaxTalk web site, as outlined above. If you do not agree to these terms, please do not access or use this site. Thought Communications reserves the right to change the Terms of use from time to time at its sole discretion. Your use of this site will be subject to the most current version of the Terms of Use at the time of such use.

Trademark Information

The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Thought Communications or other third parties. You are not permitted to use the Marks without the prior written consent of Thought Communications or such third party, which may own the Marks.