Restrictions on Use of Materials
This site is owned and operated by Foiply LLC. Any activity on this site is subject to monitoring by Foiply at any time. Anyone who uses this site consents to such monitoring and agrees that Foiply may use the results of such monitoring without limitation. No material from any web site owned, operated, licensed or controlled by Foiply or any of its related, affiliated companies, may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, without the prior written consent of Foiply, except that you may download one copy of the Foiply Material on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, service mark and other proprietary notices. Modification of the Foiply Material or use of the Foiply Material for any other purpose is a violation of Foiply’s copyright, service mark and other proprietary rights. It is a condition of your use of this Web site that you do not restrict or inhibit any other user from using this Web site.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Foiply or any of its affiliates be liable for any direct, indirect, incidental, special, consequential or punitive damages that result from the use of, or the inability to use the Foiply Material. You specifically acknowledge and agree that Foiply is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with any of the Foiply Material, or with any of Foiply’s terms and conditions, your sole and exclusive remedy is to discontinue using this site.
FOIPLY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON THIS SITE AND FOIPLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN FOIPLY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE CONTENT ON THIS SITE AND FOIPLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE.
THE FOIPLY MATERIAL IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, FOIPLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE FOIPLY MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU, AND NOT FOIPLY, ASSUME THE RISK, LIABILITY AND RESPONSIBILITY FOR ANY AND ALL DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING. IN NO EVENT WILL FOIPLY BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEM OR THE SYSTEM YOU ARE USING.
FOIPLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FOIPLY MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
FOIPLY MAY HAVE PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SITE. NEITHER FOIPLY NOR ITS AFFILIATEs OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE THIRD PARTY MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FOIPLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. FOIPLY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE THIRD PARTY MATERIALS IN THE THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
Except as described otherwise, all materials in the Foiply site are made available only to provide information about Foiply. Foiply controls and operates this site from its headquarters in Henderson, NV, United States of America, and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations you are responsible for compliance with applicable local laws.
This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Foiply site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Foiply if, in Foiply’s sole discretion, you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Foiply site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
Foiply Terms and Conditions
If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to the terms and conditions of the “Pricing Proposal” document which is expressly incorporated herein, and which in conjunction with the Terms and Conditions comprises the entire Agreement between Foiply LLC. and your corporation. The “Pricing Proposal” may contain different or additional terms which supersede any terms in this document.
Description of services
Foiply LLC. provides you with access to Foiply a Secure Fax Management Service (the “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms.
No resale of services
Your right to use the services is personal to you. You may be either an individual or a corporation or business entity, but you agree not to resell the use of the Services unless provided for under a separate agreement.
Privacy and protection of personal information
See the Privacy Statement for disclosures relating to the collection and use of your information.
Account, password and security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under all fax numbers and by all users associated with your account.
You agree to notify Foiply LLC. immediately of any unauthorized use of your account or any other breach of security. Foiply LLC. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Foiply LLC. or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Foiply LLC. server, or the network(s) connected to any Foiply LLC. server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Foiply LLC. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Foiply LLC. or any other trade name or trade mark of Foiply LLC. without express, prior permission, and you will not obstruct the identification procedures used by Foiply LLC. in the services.
You represent that the information submitted for transmission via the Foiply LLC. network for services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do Not Call provisions, faxing, data privacy, international communications, and export of technical or personal data.
Use of services and customer responsibilities
You are fully responsible for the contents of your transmissions through the Services. Foiply simply acts as a passive conduit for you to send and receive information of your own choosing. However, Foiply LLC. reserves the right to take any action with respect to the Services that Foiply, Inc. deems necessary or appropriate in its sole discretion if Foiply LLC. believes you or your information may create liability for Foiply, Inc. , compromise or disrupt the Services for you or other Customers, or cause Foiply LLC. to lose (in whole or in part) the services of Foiply LLC‘s ISPs or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.
Foiply LLC. has no control of the content of the information passing through the Services.
Foiply LLC. does not:
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
- Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right;
- Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001¬193, FTC regulations, and the Can Spam Act.
You agree to provide true, current, accurate and complete customer information as prompted by the registration form, and you agree to notify Foiply LLC. promptly of any changes to this information as required to keep it current, complete and accurate.
Foiply LLC. reserves the right at all times to disclose any information as Foiply LLC. deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Foiply services(as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must obtain and pay for all equipment and third party services (e.g., Internet access and email service) required for you to access and use the Services.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Foiply Service are wholly owned by Foiply Inc. and/or its licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any Foiply fax number (Foiply Number) assigned to you by Foiply LLC. Ownership of any such Foiply Number is vested solely in Foiply LLC. (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your Foiply account for any reason, such Foiply Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that Foiply LLC. will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Foiply LLC. has been advised of the possibility of damages.
You further understand and agree that Foiply LLC. may from time to time need to change the Foiply Number assigned to you (whether due to an area code split or any other reason whether outside or within Foiply LLC. ‘ control). You agree that Foiply LLC. will not be liable for damages (including consequential or special damages) arising out of any such change in the Foiply Number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Foiply LLC. has been advised of the possibility of damages.
In particular, you agree that you are not authorized to charge services provided to you or at your request to the Foiply Number assigned to you by Foiply LLC. and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give Foiply LLC. the right to immediately terminate your Foiply account without notice.
Unsolicited fax advertisement policy
The transmission of unsolicited fax advertisements is regulated in the United States under the Federal Telephone Consumer Protection Act and is also regulated under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited.
Foiply LLC. understands that receipt of such faxes can impair your use of our Services. Accordingly, Foiply LLC. may develop means to prevent the distribution and receipt of unsolicited fax advertisements to our customers. At Foiply LLC’s option and without further notice, Foiply LLC. may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them.
If you believe that you are in receipt of an unsolicited fax advertisement, you should take the following two steps:
a) If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and b) Please submit a suspect fax to Foiply LLC. for investigation by emailing the suspect fax to firstname.lastname@example.org..
We will investigate your submission and determine if the fax/voicemail number referenced in the spam email or spam fax is a Foiply Number. If it is, we will attempt to prevent such faxes from reaching your account.
You agree to pay all charges for your use of Foiply Services at the prices then in effect for your country of residence. All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. Foiply LLC. reserves the right to change prices or institute new charges for access to or use of Foiply services unless you have a signed “Pricing Proposal”. All changes will be posted by Foiply LLC. at the Foiply.com website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of Foiply Services or non¬termination of your Foiply service account after changes are posted constitutes your acceptance of the prices as modified by the posted changes. Per page prices are based on a 60 second transmission time; pages that take longer to transmit may be charged as multiple pages.
Foiply LLC. reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies.
Charges for Services may include Activation, Monthly Subscription, and Usage Fees.
Refer to the “Pricing Proposal” for additional terms and conditions related to the contract term, payment terms and cancellation policy.
Disclaimer of Warranties and Limitation of Liability
Foiply LLC. MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. Foiply LLC. FURTHER EXPRESSLLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This disclaimer includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any or all service interruptions caused by the negligence of Foiply LLC. and its employees or by Customer’s errors and omissions.
Foiply LLC. its affiliates, and their respective officers, directors, agents, employees, suppliers and shareholders shall not be liable and are not responsible for any loss or damage Customer suffers, or any party claiming through or under Customer, as a result of, or related to, the use of the Service including, but not limited to:
- performance of the Internet;
- performance of the telephone network;
- loss or damage resulting from delays, computer virus or interruption of the Service, including deletion or failure to store messages, regardless of cause;
- loss or damage to Customer’s equipment, facilities, software or data, arising from mistakes, omissions, interruptions, delays, errors, non¬delivery, incorrect delivery, viruses or defects in the transmission of information or data on the Internet; or
- any indirect, incidental, special, punitive or consequential damages, including but not limited to, lost revenues or profits, resulting from or relating in any way to the use of the Service even if the Foiply LLC. Entities have been advised of the possibility of such damages.
You agree to indemnify and hold Foiply LLC. and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.
Foiply LLC. reserves the right to suspend or terminate services if Foiply LLC. , in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices Foiply LLC. shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. Foiply LLC. shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.
Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
If you are an Online Subscriber: You may cancel the services, with 30 days written notice, by sending an email requesting cancellation to email@example.com.
If you have a signed “Pricing Proposal” the termination provision found in the Pricing Proposal applies.
Jurisdiction and Governing Law
You agree that these Terms shall be governed by and construed in accordance with the laws of the state of California, and you hereby consent and attorney to the jurisdiction of such province and agree that all disputes shall be tried in the state of Nevada in the city of Henderson. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.