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Agreement to Terms and Conditions
By accessing any of the
services or information provided by PhotoFax, Inc. (“PHOTOFAX”) and available on
this website, User agrees to be bound by the terms and conditions set forth
below.
Access to certain areas of the website may be restricted to registered users
only, which will require a username and password. User will be required to
provide personal information as a condition of registration.
User agrees that he/she is responsible for compliance with all and federal laws
in accessing this website.
User agrees that this
agreement constitutes a valid, binding obligation, and that User has full power,
authority and legal capacity to enter into this agreement. If User registers on
behalf of a company or other entity, User agrees that he/she is acting as the
agent or employee of the company or other entity, that User’s actions in
entering into this agreement are with the course, scope and general authority
granted User by the company or entity, and that User has the authority to bind
his/her principal or employer company to this agreement.
Website Use
User agrees that he/she will not copy, download, publish, modify or otherwise
distribute the material on this website for any purpose other than to review
information, for business use expressly authorized in writing by PHOTOFAX. User
further agrees that he/she will make no unauthorized uses of the website.
Links to other Sites
PHOTOFAX may provide links to third-party websites for the benefit and
convenience of User. Any third-party website links are developed and maintained
by persons or entities over whom PHOTOFAX does not exercise any control.
PHOTOFAX does not assume any responsibility for the content, accuracy or
condition of any third-party website referenced on this site. User assumes all
risks for accessing any third-party website link contained in this website.
Username and Password
If User registers for use of PHOTOFAX SurvTracã
section of this website, User will
be given a personal username and Password which he/she will use to access that
section. User agrees not to share, disclose, give or make available his/her
username and/or Password to any other person. User may be required to change
his/her username and/or Password from time to time for security reasons.
Further, PHOTOFAX may revoke User’s access to SurvTracã
at any time in PhotoFax's sole discretion. User agrees to immediately notify
PHOTOFAX of any lost or stolen username and/or Password.
Limitation of Liability and Indemnification
PHOTOFAX, and its respective officers, directors, employees and agents shall not
be liable to User or his/her employer, principal or agent, for any damages of
any nature, whether based in contract or tort, or in equity, for any claims,
demands or suits resulting from User’s access and use of this website, or
premised upon the content of this website. User’s sole and exclusive remedy
against PHOTOFAX for any claim, demand or dissatisfaction with this website or
any of its sections, including but not limited to the SurvTracã
secure section, is limited to discontinuation of use of this website.
User shall indemnify,
defend and hold PHOTOFAX, and its respective officers, directors, employees and
agents, harmless from and against any and all losses, liabilities, claims,
demands, damages, costs, expenses (including reasonable attorneys' fees), suits
and money judgments ("Damages") asserted against, incurred by or rendered
against PHOTOFAX which arise out of any claim brought by User, its agents, or
any third party alleging damages that arise out of any acts or omissions of
PHOTOFAX, whether negligent, reckless, willful or intentional, regarding this
site or any its contents, including its accuracy. User shall have no right to
enter into any settlement or to consent to any order or decree which could
adversely affect the validity or enforceability of any intellectual property
rights of PHOTOFAX without the consent of PHOTOFAX.
Right to Modify
PHOTOFAX reserves the right to modify the content, procedures, policies and
rules governing access and use of this website at any time. When any
modification appears on this website, User is deemed to have knowledge of,
consent to, and be bound by any such modification.
Proprietary Rights
All trademarks, service marks and materials contained in this website are the
exclusive intellectual property of PHOTOFAX and may not be used without
PhotoFax's prior written consent. User is not permitted to copy redistribute,
use or publish any of the content or any part of this website. User shall not
remove any legal notice or various credits on pages of this site or any
additional information contained along with the notices and credits. "PHOTOFAX,
Inc.", "Camoman," and “SurvTrac” are registered service marks of PHOTOFAX. Use
in any manner by any individual, company, association, or group is prohibited by
law, except by express written license from PHOTOFAX.
Protection and Disclosure of Third-Party Information
PHOTOFAX will use its best efforts in protecting the confidential nature of
Third-Party Information contained or accessible on this website. PHOTOFAX may
collect personal or confidential information when User either uses or registers
with PHOTOFAX, including information about User or the subject of an
investigation. PHOTOFAX may, however, release confidential information when it
believes, in good faith, that such release is reasonably necessary to (i) comply
with applicable laws, (ii) enforce or apply the terms of our site use agreement
or (iii) protect the rights, property or safety of PHOTOFAX, our users or
others.
PHOTOFAX shall not be
obligated to monitor any transmission made through this website. However, User
agrees that PHOTOFAX has the right to monitor its Internet services
electronically from time to time and to disclose any information as necessary to
satisfy any law, regulation, or governmental request to protect PHOTOFAX.
Any disclosure of
information is not intended as a waiver of any applicable privilege, and any
applicable privilege shall remain in full force and effect.
Non-Waiver
The failure of PHOTOFAX to enforce or require enforcement of any provisions of
this agreement will not constitute a waiver of the agreement's provisions, nor
will it affect PhotoFax's right to enforce any or all provisions of this
agreement thereafter.
Security and Encryption
To prevent unauthorized access and to ensure the confidentiality of information
transmitted through use of any secure section of this website, PHOTOFAX has put
in place appropriate physical, electronic, and managerial procedures to
safeguard and secure the information PHOTOFAX collects and transmits online.
Disclaimer of Warranty
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" AND PHOTOFAX DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT.
Comments
If User has any comments, please send an email to:
Webmaster@PhotoFax.net.
© Copyright 2002, PHOTOFAX, Inc., All Rights Reserved
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