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TermsAndConditions

FaxCongress.com™ Terms of Use

 

Updated September 16th, 2012

(Supersedes previous Terms of Use)

 

By clicking that you accept these Terms and Conditions of Use of FaxCongress.com, you agree to a legally binding Agreement (“Agreement”) between you, the user, and Fax Congress (or “FaxCongress” “Company” “FC,” “we,” or “us”). Fax Congress owns and operates the FaxCongress.com Website (“Site”), and other products and services offered on or through the Site (collectively, the “Services”). You acknowledge that you have legal authority to enter into this Agreement and in the event of a purchase, you acknowledge that you are authorized to make such payment. “User” includes all visitors to the Site, and those registered with the Site, including but not limited to NonProfit Organizations, Not-For-Profit Organizations, Political Action Committees or other politically oriented entities (“Fundraisers”).

 

BY ACCESSING OUR SITE AND USING THE SERVICES, AND ANY OF THE UPDATES THEREOF, AND BY PROVIDING OR SUBMITTING INFORMATION THROUGH OUR SITE AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS, AND THE PRIVACY POLICY INCORPORATED BY REFERENCE INTO THE TERMS, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT ACCESS OUR SITE, USE THE SERVICES, OR PROVIDE ANY INFORMATION THROUGH OUR SITE.

 

We reserve the right to change, modify, add, or remove portions of these Terms and Conditions (“Terms”) at any time. You agree to check these Terms periodically for changes. The Terms can be found at the bottom of the Home Page of the Site under the link for “Policy.” Your continued use of our Site following the posting of changes to these Terms, including the Privacy Policy, will mean you accept the changes. The Terms outline the legal obligations of Company and you, the user, and also outline what you can and cannot do while accessing the Site and Services.

 

FaxCongress is an online community of concerned citizens who share their opinions, values, and beliefs on social, economic, religious, philosophical, and political issues. Registered members can access both our online community and the tools to create, publish and send/fax petitions to their Representative in the U.S. Congress; to search for petitions authored and published by other users; and to support causes by joining in the faxing of petitions for a particular cause or causes. Please be sure to read our Privacy Policy, and Community Guidelines, which outline our policies to respect the privacy and enjoyment of our users.

 

U.S. Citizens and Usage in the United States. This Site and our Services are for U.S. Citizens who have the legal right to send petitions to the U.S. Congress and other officials. We make no representation that the Site or Services are applicable to, appropriate for, or available to users in locations outside the United States. Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws.

 

Registration and Account Membership. Our Site and Services are designed for those who are over the age of 18. In order to participate in our Site and Services (such as sending a petition), you will need to register for an account membership (“Account”). You may register at any time for free. We will ask for your name, address, phone, email address, and whether you are a U.S. Citizen. If you are using our paid or fee services, we will also request your credit card information. Users can review petitions on our Site without registering, but you must complete our registration process and be registered to participate.

 

You agree not to provide any false information on the Site or to create an account for anyone other than yourself. You further agree that you are accessing our Site and Service for legal purposes as outlined herein. Your Account is personal to you, which means that you are not authorized to transfer, loan, give or sell your Account ownership. It is your responsibility to keep your Account identity and password confidential. You are solely responsible for any loss or damage from your failure to comply with this security obligation. You agree to notify us immediately if there is any unauthorized use of your Account. You agree to keep your contact, account information and profile information updated and accurate on our “Update Registration” page. You can manage your personal settings within the “My Account” or “My Dashboard” section of your Account. Once registered, you will have access to these sections of the Site that allow you to update your personal information.

 

If you have signed up to receive a newsletter, the newsletter will be sent to your email on file. If your Account has been terminated for any reason, you may not re-register as a member without our prior written consent, which may or may not be granted, at our sole discretion. If you experience a problem accessing your Account, please contact us by emailing us at (bugs at faxcongress dot com). Please note that if your Account is inactive for three (3) months, we may or may not send you an email notifying you that we may cancel accounts after three (3) months of inactivity, based upon our sole discretion.

 

Limited License To Access and View Content. Upon registration and acceptance of our Terms, FC grants you a limited revocable license to make personal use of our Site and Services in accordance with this Agreement as outlined herein. Note that we do not endorse any opinion of third parties submitted through the Site. You, the user, bear sole and exclusive responsibility for use of the Site and Services, and all information accessed, viewed, and submitted. We enforce intellectual property laws, including copyrights, trademarks, and patents. This means you must own or possess the licensed rights to all of the information, including but not limited to the photos, videos, text, terms, comments, descriptive terms or trademarks that you publish, submit, post, upload or transmit on our through our Site and Services (“Submissions”) which includes petitions. A user's use of another's copyrights, trademarks and other intellectual property is against our policies. For more information, see “Rights and Restrictions,” and “Intellectual Property” clauses below.

 

Intellectual Property and Copyright Notice. Our Site is controlled and operated by Fax Congress. Our software, applications, and our materials and information on the Site and Services, including, but not limited to, images, text, data, illustrations, audio, photos, video files, code, logos, and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, patents or other proprietary rights which are either owned by us or owned by other parties who have licensed their intellectual property to us, and all other trademarks, service marks, and trade names used on the Site are the property of their respective owners. You agree that the Site and Service's Intellectual Property may not be used without the express written permission of FaxCongress. You shall not (i) remove or obscure any intellectual property notices; (ii) copy, resell, redistribute, retransmit, republish, license, transfer, or copy any Intellectual Property for any purpose (iii) re-engineer, modify, or create any derivative work of any Intellectual Property; (iv) hold yourself out as the owner or creator of any Intellectual Property on the Site and Services unless you are the owner or licensee of such (including but not limited to text, music, videos, and photos). You additionally agree that the Intellectual Property, including but not limited to the marks and logos, will not be used in any manner that disparages or discredits the Site, Services, or users, is likely to cause consumer confusion, or is in violation of this Agreement. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website, networked computer environment, or mobile device, without express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. If you have any questions or concerns about the Intellectual Property, including copyrights, patents and trademarks, on our Site, please email us at (legal at faxcongress dot com). FaxCongress reserves all rights other than those expressly granted herein.

 

Rights and Restrictions on Use. You shall use the Site and Services for lawful purposes only. You agree that you will not use the Site or Services to distribute, promote, or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of any kind, unless expressly authorized to do so by us. You shall not submit or transmit any material that (i) violates or infringes in any way upon the rights of others, including but not limited to, any intellectual property rights: (ii) is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, immoral, sexually explicit, or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or (iv) contains or implies false, inaccurate or misleading information, or likely or factually result in harm, or injury to person, animal, or property. You are prohibited from using the Services to (i) facilitate mail abuse or unsolicited email of any type (Spam); (ii) bypass any security features (including the use of another person's user name to access the Site) or encryption tools that we may use to prevent or restrict access to all or parts of the Site; (iii) create liability for us, or cause us to lose (in whole or part) the services of our ISPs or other suppliers; or (iv) deliver viruses, Trojan horses, malware, or the like, or other programming routines that may damage or interfere with the Site or Services or other sites and services. We reserve the right to refuse service to users for any reason. We may alter, suspend or discontinue any aspect of the Site or Services at any time, including the availability of any feature or content. We may also impose limitations on certain features and aspects of the Site or restrict access to all parts of the Site or Services without notice or liability. If your account has been terminated for any reason, you may not re-register as a member without our prior written consent.

 

Security. We take great care in maintaining the security of your information, and preventing unauthorized access to it, through the use of commercially reasonable technology and internal procedures. Please refer to our Privacy Policy for additional information.

 

Submissions to Site/Petitions. Any information submitted, uploaded or posted to or through FaxCongress, including but not limited to petitions (“Submissions”) will be deemed NOT CONFIDENTIAL if available for viewing by other users or submitted as published petitions. By participating in our Site and Services, and in the event you upload, share, post, transmit or display any Submissions, you warrant and represent that you own or otherwise control all of the legal rights to the Submissions, as described herein including without limitation, all the rights necessary for you to provide, share, post, upload, transmit, input or submit. Unless otherwise specified, we do not claim ownership of your Submissions. However, by submitting your Submissions, you are granting us and our users permission to use your Submissions in connection with the operation of our businesses. You grant FaxCongress and our users an unrestricted, irrevocable, perpetual, royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish via our Site or Services any information you send us for the purposes outlined within the context of the Submissions or herein. You also grant us an irrevocable, perpetual royalty-free worldwide license to display, use, modify, perform, reproduce, translate, transmit, distribute and publish your Submissions and your name and likeness, to promote and advertise our Site and Services for marketing, publicity, and promotional purposes, online and offline, with appropriate copyright notices given where applicable. Unless you are an approved Fundraiser, and limited to our Agreement, our Site and Services are not intended, and shall not be used, to promote products or services not previously approved by us.

 

Please note that we do not monitor Submissions nor do we edit Submissions. Submissions are your sole and exclusive responsibility. You decide how much information you want to share, but please don’t include your telephone number, street address, last name or any other personally identifiable information (“Personal Information”) in the text of petitions you write or publish on our Site. You should not reference any person by a real name, or provide any other Personal Information about any person or entity, unless given written permission to do so or unless the information is legally in the public domain. We do not guarantee that we will edit or delete Submissions. We do not actively monitor Submissions, and bear no responsibility for the views expressed therein. Submissions express the views of the author of the Submission, not the views of FaxCongress. Any user who feels that a Submission is objectionable, is encouraged to contact us immediately by email at (partnerservices at faxcongress dot com) or by simply clicking the Red Flag Abuse button below each petition. In the event we suspect or have been notified of an alleged copyright issue (i.e. you are not the creator in whole or part), or of a “red flag abuse” issue, we may or may not at our sole discretion remove the Submission without notice, including a Petition, and we may or may not indicate “Submission/Petition Removed.” FC has sole discretion to determine what is acceptable, and may remove links, Submissions, Petitions, or text at any time; although FC is in no way acting as a moderator or editor of the Submissions.

 

Abuse, Red Flag. Since our goal is to create an enjoyable community, we encourage users to report cases of abuse, which include but are not limited to petitions that do not follow these Terms of Use, our Privacy Policy, and Community Guidelines. For example, our community does not allow disrespectful or immoral language, or Submissions with false information. We reserve the right to reveal your identity (or whatever information we know about you) if a complaint or legal action arises from your behavior. FaxCongress has the sole discretion to terminate any Account for any reason.

 

Fees. We offer users a limited free service which allows a user the ability to fax/petition your Congressman from your Congressional district (which corresponds to your registered zip code) up to five (5) times per day. You also have the option to purchase extra faxes/petitions to be delivered to multiple Congressmen and Senators. Because our communications depend on the recipients’ fax machines being functional and turned on 24/7 (which they normally are in Congressional offices), FaxCongress cannot guarantee 100% delivery nor assume responsibility for any delivery failures caused by factors beyond our control. But rest assured that we do make repeated good faith attempts to repeatedly deliver every fax scheduled by users of our system. If we receive busy signals or no-answer from a Congressional fax machine, we will retry up to 5 attempts per recipient scheduled 15 minutes apart. You may use our system to attempt up to 5 free faxes per day. To prevent abuse of our generosity, any faxes/petitions beyond five (5) will be charged or billed to you, and you agree to pay $0.15 U.S. per additional fax, which may be billed to your email or mailing address on file. Additionally, if you purchase our Services, as a part of the purchase transaction, you will be asked to disclose your information directly to a third party to fulfill your order or to facilitate the processing of your purchase transaction. PayPal.com processes some purchase transactions. If you would like to update or change your personal information or credit card information on PayPal.com, please contact them directly through their website contact information at www.Paypal.com. Please don’t abuse our generosity with free petitions, or you could spoil it for everyone else.

 

Refunds. There are no refunds. Once a petition is created or published, the petition is sent or faxes are instantly attempted to the appropriate party and there can be no refund. It will be in our sole discretion whether a refund will be granted in the rare situation that it is shown that faxes were not received, attempted, or sent.

Breach. Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, or indefinitely terminate your membership and refuse to provide our Site and Services to you if, within our sole and independent judgment: (a) you breach, or we reasonably anticipate that you are about to breach this Agreement or the documents it incorporates by reference; (b) we are unable to authenticate any information you provide to us; (c) you fail to pay any amount due by the due date; or (d) we believe that your actions may cause financial loss, injury or legal liability for you, our users, or Company, and its owners, officers, directors, employees, agents, distributors, affiliates and third party suppliers. We can also terminate this Agreement at any time, with or without cause.

 

Non-Compete. All users who register with our site agree they will not copy or emulate our business model, methods, patterns, techniques, formulas, html, php, code, or otherwise duplicate our copyrighted and patented materials, content, and methods, which actions may violate laws that protect the intellectual property owned, created, or registered by FaxCongress. All users further agree to not start or work for or with a competitive business, self, person, corporation or organization that substantively derives any income by delivering fax petitions to Congress for a period of five years after they register with our site or terminate their registration, whichever is later.

 

Linking To Site. Links in the Site may allow you to leave the Site. Linked sites are not under our control and we are not responsible for the content or material available there. We are providing these links to other websites as a convenience to you, and access to any other website linked to the Site is visited at your own risk. The inclusion of a link on the Site does not imply a recommendation or endorsement by company of the linked website. Please refer to the terms of use and privacy policy for each site visited.

 

Mobile Access. Our Site is accessible for viewing on mobile devices. We don't charge for viewing our Site, however your wireless carrier's normal rates and fees such as data transfer fees, will still apply. Please refer to your carrier's policy. Under no circumstances will we be responsible for any wireless usage charges incurred by a user.

 

Copyright Infringement. We will investigate notices of copyright infringement and take appropriate actions under applicable local law including in the United States, the Digital Millennium Copyright Act. Written notification of claimed copyright infringement must be emailed to our DMCA Agent at (legal at FaxCongress dot com) or at the postal address below under the “Notice” clause below.

 

To be effective, the notification must include the following:

i. An electronic or physical signature of the copyright owner or the person authorized to act on its behalf;

ii. A description of the copyrighted work claimed to have been infringed;

iii. A description of the location of the infringing material and information reasonably sufficient to permit us to locate the material;

iv. Your contact information, including your address, telephone number, and email address;

v. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

vi. A statement that the information in the notification is accurate, and, under the penalty of perjury, that you are authorized to act on behalf of the copyright owner. (This means that you are the owner, or you have written authorization from the copyright owner.)

 

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to large civil penalties and damages incurred by us, any copyright owner, or any copyright owner's licensee. You may also be subject to criminal prosecution for perjury. Please also note that the information provided in the above legal notice may be forwarded to the person who provided the allegedly infringing Submissions and we may choose to publish Claimant information in place of disabled Submissions. If you believe that someone has copied your work, either in part or whole, please follow our procedures.

 

Counter Notice Under the DMCA. When we receive a notification of alleged copyright infringement, we remove the Submission that is the subject of the notification. If you believe your Submission was misidentified as infringing, you may file a counter-notification. If you did not have all of the rights to post the material at issue, you MUST NOT submit a counter-notification. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages. If the original claim of alleged infringement was submitted under Section 512(c) of the Digital Millennium Copyright Act, you must use the DMCA counter-notification. The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act: http://www.copyright.gov/legislation/dmca.pdf. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. You must send the Counter Notice to our designated agent for receiving notices of infringement, whose name and contact information is under the DMCA notice above.

 

A counter-notification must include the following specific elements:

Identification of the specific URLs of material that our Site has removed or to which our Site has disabled access.

Your full name, address, telephone number, and email address, and the username of your Account.

The statement: “I consent to the jurisdiction of the Federal District Court in which the address is located, or if the user's address is outside of the United States, for any judicial district in which Company is located, and will accept service of process from the claimant.”

The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

Signature. A scanned physical signature or a valid electronic signature will be accepted.

Submission. We can only accept a counter-notification directly from the user from whose account Submission has been disabled. For verification, we require that Counter Notice be submitted from the email address associated with the account.

 

Process: What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may or may not reinstate the material, at our sole discretion.

 

Repeat Infringers or Red Flag Abusers. We have a policy of terminating the Accounts of repeat infringers, and those who have been tagged as repeat “red flag abusers.” A repeat infringer or abuser includes any user who has made three or more Submissions for which we receive a notice of an infringement per the DMCA Copyright Guidelines outlined above, or a notice via a red flag abuse tag.

 

DISCLAIMER OF WARRANTIES. THE MATERIALS AND THE INFORMATION, INCLUDING SUBMISSIONS, OFFERED ON AND IN THE SITE OR THROUGH SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT YOUR ACCEPTANCE AND USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FAXCONGRESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATED TO THE USE OF THE SITE AND SERVICES. FAXCONGRESS DOES NOT WARRANT THAT THE SITE, COMPUTER SYSTEMS, SERVICES, OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT FAXCONGRESS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. FURTHERMORE, FAXCONGRESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, SUBMISSIONS, OR SERVICES EITHER BY FAXCONGRESS, OR THIRD PARTIES PROVIDERS. AS A SERVICE TO YOU, FAXCONGRESS DOES PROVIDE ACCESS TO THIRD PARTIES AND ASKS THAT YOU REVIEW THEIR COMPANY POLICIES, INCLUDING BUT NOT LIMITED TO THEIR TERMS AND CONDITIONS AND PRIVACY POLICY. YOU AGREE THAT NEITHER FAXCONGRESS, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, NOR THIRD PARTY PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY PRODUCT, SERVICE, INFORMATION, SUBMISSIONS, PETITIONS, OR OPINIONS PROVIDED ON AND THROUGH THE SITE AND SERVICES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES, INCLUDING THE SUBMISSIONS/PETITONS. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FAXCONGRESS, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND THIRD PARTY PROVIDERS FROM AND AGAINST ANY AND ALL DAMAGES (ACTUAL AND CONSEQUENTIAL), CLAIMS, DEMANDS AND LIABILITIES, OF EVERY KIND AND NATURE, INCLUDING BUT NOT LIMITED TO THIRD PARTY CLAIMS OR CLAIMS FOR YOUR BREACH OF ANY PROVISIONS OF THESE TERMS, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, INCLUDING ATTORNEY'S FEES, THAT DIRECTLY OR INDIRECTLY ARISE FROM, RELATE TO, OR RESULT FROM USE OF THE SITE OR ANY SERVICES PROVIDED BY FAXCONGRESS. THE ENTIRE LIABILITY OF FAXCONGRESS, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND THIRD PARTY PROVIDERS, AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO ACTUAL DAMAGES INCURRED BY YOU BASED ON REASONABLE RELIANCE UP TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU OR U.S. $1. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FaxCongress reserves the right to assume, at its sole expense, the exclusive defense and control of any claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with FaxCongress in the defense of any such claim, action, settlement or compromise negotiations, as requested by FaxCongress.

 

GENERAL RELEASE. IT IS THE USER’S SOLE RESPONSIBILITY TO USE GOOD, SOUND JUDGMENT WHEN USING OUR SITE AND SERVICES. YOU, NOT FAXCONGRESS, BEAR FULL AND SOLE RESPONSIBILITY. IF A DISPUTE ARISES BETWEEN YOU AND ANY OTHER USER OR THIRD PARTY, EACH OF YOU RELEASE FC, OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND SUPPLIERS FROM CLAIMS.

 

Choice of Law and Jurisdictional Issues. These Terms, including but not limited to the Privacy Policy, shall be governed by the laws of the State of Colorado without regard to principles of conflicts of law. You submit to the exclusive personal jurisdiction of the state and federal courts located in El Paso County, Colorado, and the U.S. District of Colorado. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

Minors and COPPA. Our Site is directed at those who are 18 or older. If you are under 18, you cannot submit petitions or register with our Site. However, you may use our Site on a viewing only basis, if you are 13 or over, but only with the permission and under the supervision of a parent or legal guardian. No one under age 13 should access our Site. We do not knowingly collect or maintain Personal Information from individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13.

Entire Agreement. These Terms of Use, incorporating by reference the Privacy Policy, Community Guidelines, and any Supplemental Terms of Use, constitutes the entire Agreement between you and FC. No waiver or any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intent of FC. Any provision which must survive in order to allow FC to enforce its meaning shall survive the termination of this Agreement.

 

Assignment and Succession. Notwithstanding any other provision of these Terms, FC, its successors and assigns, may fully enforce any term or provision of these Terms, and all rights and benefits shall inure to such successors and assigns, with or without prior notice. You may not assign or transfer your rights and responsibilities under this Agreement. This Agreement is personal to you, the Account holder.

 

No Partnership or Agency. Nothing contained herein shall create a partnership, agency, or joint venture between FaxCongress and you.

 

Press Releases. The Site contains information and press releases that may be updated from time to time. Information about other companies contained in press releases does not represent an affiliation or endorsement by us as to the validity of the information provided in such press releases regarding such companies. Nothing herein gives a user or other third party the right to make a public announcement or issue a press release without our prior written consent.

Termination. You may cancel your registration/membership at any time by emailing us at (partnerservices at faxcongress dot com). Within a reasonable period of time from your cancellation, all of the information and Submissions you submitted to our Site will be frozen, but may remain available for viewing unless we receive a request to take down your Submissions. We will retain your Personal Information for the purposes outlined herein and within our Privacy Policy, and such information may remain in our archives, particularly if required to be stored for legal purposes. Upon cancellation or termination of your Account, the Terms will remain in effect and legally binding, without limitation. We may terminate your use of and registration on the Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. You agree that if your Account is terminated for any reason, you will not attempt to establish a new account under any name, real or assumed, and further agree that if you violate this restriction by opening a new account after being terminated, you shall indemnify and hold FC harmless for any and all liability that we may incur.

Notice. Unless otherwise indicated, please direct notices in writing to FaxCongress. P.O. Box 77077, Colorado Springs, CO 80970. Our legal notices to users shall be directed to the account email address on file. Please be sure to keep your email address updated at your “Update Registration” page.

 

No Commercial Use. You understand and agree that unless you are a pre-approved Fundraiser, you are not to use the Site or Services for commercial purposes of any sort, without previous written approval by us. You are however, able to use the Site and Services to publish and send petitions. If you are the owner of a good or service and would like to highlight your good or service, or if you have questions about advertising on our Site, please email us at (partnerservices at faxcongress dot com).

 

Compliance With ADA. It is our goal to comply with the ADA, making access to our Services available to as many people as possible. If you have any suggestions to make access to our Site easier, please contact us, as we continue to improve our Services and products.

 

These Terms and Conditions of Use, including the Privacy Policy and Community Guidelines referenced herein, can change at any time without notice. However, in the event of a substantial change, we will notify you by email not less than thirty (30) days from the effective date of the change. It is your responsibility to review these Terms, including the Privacy Policy, which are available at www.FaxCongress.com.

 

Copyright 2012 FaxCongress™ All Rights Reserved.