Each WestFax, Inc. (“WestFax”) customer enters into a Customer Agreement (“Agreement”) with WestFax prior to using its services. All services that WestFax”) provides are subject to the Agreement, these Terms and Conditions and WestFax's Privacy Policy. Each time a customer checks “I ACCEPT” it is agreeing to be bound by the Agreement, these Terms and Conditions and its Privacy Policy. The Agreement and Terms and Conditions comprise the entire agreement between WestFax and its customers. The Agreement may contain different or additional terms which take priority over these Terms and Conditions.
A customer may sign up for any of WestFax services online add links When you sign up to become a customer, Westfax will verify your credit card information by submitting a $0.00 authorization to your credit card issuer. If a customer begins but does not complete the sign up process for the services, the customer authorizes WestFax to contact it by any means to assist with the sign up process, to discuss the services, to answer any questions or for any other purpose.
The Customer Agreement and Terms and Conditions comprise the entire agreement between WestFax and you regarding the subject matter of this Agreement.
WestFax may revise the Terms and Conditions at any time by sending information regarding the revisions to the email addresses of its customers. By continuing to use the services after any revisions, customers are accepting such revisions. The Terms and Conditions may not be amended by a customer except in writing signed by WestFax.
WestFax provides customers with access to a variety of fax and other messaging services. The services, including any updates, enhancements and new features, are subject to the Agreement, these Terms and Conditions and WestFax's Privacy Policy.
WestFax may reduce the number of days customer messages are stored and the number of messages stored and may otherwise modify or remove the storage and/or searchable features of the services altogether. Customers agree Westfax has no responsibility or liability for any failure or malfunction of any account, the storage or searchable features, the deletion of any messages, the loss of the ability to use any services or portions thereof or the inability to search for or obtain messages. Customers assume full responsibility for the content of all messages and the transmission of and receipt by third parties of their messages. If WestFax believes any message sent as a part of the services violates or may violate any federal, state or local statute, law or regulation, or a customer has otherwise breached any portion of the Agreement or Terms and Conditions, WestFax may decline to transmit such messages, remove such messages and/or deactivate any links to the services without notice to the customer.
All programs, numbers, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the WestFax services are wholly owned by WestFax and/or its licensors and service providers except as stated otherwise. Use of the services by customers is non-exclusive and does not permit customers or any third party to modify the source code of the services or allow a third party to modify the source code of the services. Customers may not rent, lease, or sublicense the services or alter, merge, modify, adapt or translate the services, or decompile, reverse engineer, disassemble or attempt to discover the source code or structure, sequence and organization of the services, Customers may not use the services to create derivative works or to develop any product having the same primary function as the services.
Customers are not the owners of any WestFax services including any number (“WestFax Number”) assigned to a customer by WestFax. Ownership of any such WestFax Number is vested solely in WestFax. WestFax is the customer of record for all WestFax Numbers. WestFax may assign a WestFax Number to a customer for its use as a part of the services. The WestFax Number may be changed or re-assigned immediately to another customer. WestFax is not liable for damages (including consequential or other damages) arising out of any such change or re-assignment. Customers waive any claims with respect to any such change or re-assignment, whether based on statutory, contractual, civil wrongs, or other grounds, even if WestFax has been advised of the possibility of damages.
WestFax does not review customers' content and it is not responsible or liable for the content transmitted by customers using its services or for patient or other consents to transfer the content. The content transmitted by customers, including its accuracy, is the customers' responsibility. Customers are responsible for complying with all laws applicable to their transmissions including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). WestFax makes no representations or warranties with respect to availability of its services or the accuracy or completeness of any transmitted information, All customers release and hold WestFax harmless from any person providing information using its services from any liability, cause of action, or claim related to the information transmitted including the completeness or lack thereof of the information. Any decision with regard to the appropriateness of treatment is the sole responsibility of a patient's health care provider. Customers must acquire and pay for all equipment and third-party services (such as but not limited to telephone and computer equipment) required to access and use the services; maintain the security of passwords and other confidential information relating to customer accounts; and be responsible for all charges resulting from use of such accounts, including unauthorized use prior to notifying WestFax of such use and taking steps to prevent its further occurrence. A customer may not sell, resell, rent or lease the use of the services.
See the Privacy Policy link WestFax Privacy Policy and also located at the bottom of the WestFax website for disclosures relating to the protection, collection and use of personal information. WestFax may collect information about its prospective customers and customers including during the sign up process and during the use of the services. The information collected may be used to improve and enhance the services and for other development, diagnostic and corrective purposes. The Company may also disclose and sell this data in an aggregated and anonymized format. Personal information transmitted using the services is owned by the customers and will not be altered by WestFax. Personal information will be deleted and destroyed per the requests of customers or otherwise according to WestFax's normal operating procedures.
Unless otherwise expressly designated by customers, the messages received and sent by customers will be stored by WestFax for approximately sixty (60) days after the message is received or sent or until the customer's account is terminated, whichever occurs first. The messages stored by WestFax are searchable by the dates sent and received. WestFax will transfer reports and customer information sent and received as a result of its services ordered by its customers. The reports and customer information will be sent within approximately twenty-four (24) hours after the service rendered is complete. WestFax will maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of customer information in its possession. Customers acknowledge that WestFax may change its practices and limitations concerning retention, storage and protection of information, at any time and that notification of any such changes will be sent to customers and posted on its website. Customers further agree that this feature is provided as a convenience to customers only and WestFax has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to retain, store or protect any information and/or other communications maintained, received or transmitted by use of the services.
The predictability of the Internet is such that WestFax does not guarantee access to its website or its services. WestFax may, from time to time, temporarily suspend access without any prior notice. WestFax will not be liable for any direct, indirect, incidental, special or consequential damages relating to any pranks, hoaxes, viruses, bugs or any other form of technological failure, natural disaster or security breach that may prevent or interrupt access to or use of its website and services thereon, or cause information or communications received and transmitted through WestFax's services to be publicly disseminated or otherwise misdirected, or for any other mistake, omission, deletion of information or communications or error.
WestFax prohibits the use of the services or its website (or any other website) by any person or entity that encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same) including but not limited to: illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons; material that exploits children, encourages violence, spam, obscenity; and similar activities. This is not a complete list, and WestFax, in its sole discretion, may determine whether a customer's use is prohibited and its determination shall be final, binding and irrefutable for all purposes. WestFax may terminate a customer's use of its services if WestFax determines such prohibited content or use is in violation of its Agreement with a customer or its Terms and Conditions. Any information stored on the WestFax servers deemed to be unlawful or a violation of its Agreement with a customer or its Terms and Conditions or legal and regulatory requirements may be deleted at any time by WestFax without notice. WestFax reserves the right to remove any image or other information which violates its Agreement with a customer or its Terms and Conditions without notice. WestFax is not liable or responsible for claims and causes of action concerning unsolicited faxes and unlawful emails, text messages or voice messages sent by a customer or others using its services, including, but not limited to, those claims and causes of action arising from the Telephone Consumer Protection Act of 1991, FCC Rules and Regulations, FTC regulations, Junk Fax Prevention Act of 2005, the Can-Spam Act of 2003 and state laws.
WestFax reserves the right at all times to disclose any information as WestFax deems necessary or advisable to satisfy any applicable law, regulation, legal process (e.g. subpoena) or governmental request. WestFax reserves the right but is not obligated to review the content of any customer information and messages for compliance with the Agreement and Terms and Conditions and other legal requirements upon receipt of a complaint. WestFax further reserves the right to take any other action with respect to the services that WestFax deems necessary or advisable in its sole discretion if WestFax believes a customer or its information may create liability for WestFax or others, compromise or disrupt the services for a customer or other customers, or cause WestFax to lose (in whole or in part) the services of WestFax internet service providers (ISP) or other suppliers.
Customers agree to release, defend, indemnify and hold WestFax and its owners, officers, employees and agents harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of their use of the services, a violation of the Agreement or the Terms and Conditions, and the receipt and transmission of any messages and documents using the services, or the infringement of any trademark or copyright.
The aggregate or maximum liability of WestFax, whether statutory, civil offense (including negligence, tort or other civil wrong), breach of contract, violation of law (including fundamental breach or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by a customer to WestFax with respect to the service provided in the claim. In no way shall WestFax be liable for any damages caused to a customer or any third party even if WestFax has been advised of foreseeable possible damages.
The receipt and transmission of telemarketing phone calls, unsolicited fax advertisements, emails and text messages are regulated in the United States and by the individual states. Any violation, including unsolicited marketing in violation of such federal and state laws, using the services is prohibited and a violation of the Terms and Conditions. If a customer is receiving telemarketing phone calls, unsolicited fax advertisements, emails and texts, and if the telephone call, fax, email or text contains a telephone number, fax number, email address or other contact information to “unsubscribe” from receipt of additional calls, faxes, emails and texts, a customer may contact them.
Customers agree to release, indemnify, defend, and hold harmless WestFax, its owners, officers, employees and agents and its licensors and providers and their respective affiliates, officers, directors, and agents, from and against any claim, demand, cost, or liability, including without limitation reasonable attorneys' fees, arising out of or relating to: (a) any electronic records customers create, transmit, or display in connection with their use of the services; (b) any breach by customers of the Agreement or Terms and Conditions; (c) any unauthorized use of the services; and (d) negligence, violation of law, or willful misconduct of customers or any other person using the services.
The Terms and Conditions are governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for all disputes shall be in Denver, Colorado and will not be contested. Any right to a jury trial is expressly waived.
Service may be canceled and terminated by calling WestFax Customer Service at 800-473-6208. A customer service representative may assist with cancelling services in accordance with WestFax's then existing procedures. Calling WestFax and terminating services must be complied with before termination is effective. WestFax will notify you of the effective date of termination.
All customer data and information WestFax has on its platform (if any) may be permanently deleted by WestFax upon any termination. The Sections related to ownership, data, warranty, limitation of liability, indemnification, will survive termination.
WestFax 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 a customer's services. Upon such an event, WestFax shall have no obligation to maintain any messages, information or other content for a customer or forward any unread or unsent message, information or other content to a customer or any third party. A termination shall not relieve a customer from any amounts owing or any other liability accruing under the Agreement and Terms and Conditions.
If any provision or portion of the Agreement or Terms and Conditions shall be held invalid under any relevant laws, such invalidity shall not affect any other provision of the Agreement or Terms and Conditions.
The Agreement, Terms and Conditions and Privacy Policy constitute the sole agreement between customers and WestFax with regard to the services and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in the Agreement or Terms and Conditions shall bind any party. No waiver of any right by WestFax will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. WestFax reserves the right to assign, transfer or delegate any rights and/or obligations hereunder, in part or in whole, without prior consent. A customer may not assign, transfer or delegate its rights or obligations stated here, in whole or in part, without WestFax's prior written consent. The Agreement, Terms and Conditions and Privacy Policy shall be binding upon each party and their respective successors and permitted assigns. Any action, demand or claim against WestFax, its owners, officers, directors and agents must be made or brought within one (1) year following the date on which the action, demand or claim first arose or shall be deemed forever waived. A printed or electronic version of the Agreement and of any related notice given in written or electronic form shall be admissible in any judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
A customer may send notices to WestFax at:
WestFax
8085 S Chester St.
Suite 270
Centennial, CO 80112
All written replies to customers shall be sent to the email addresses provided to WestFax and noted in the WestFax on the Account Set Up Form. If a customer's email address changes, it is the customer's responsibility to notify WestFax of the update. Such communication shall be considered received one (1) business day after the email is sent.
In order to protect the privacy interests of its customers and to comply with state and federal law, including the Electronic Communications Privacy Act 18 U.S.C. Section 2701 et seq., ALL requests to WestFax for documents and information relating to its customers must be made in writing and include the express written consent of the customer or be made pursuant to a civil subpoena validly issued by a Colorado or federal court having jurisdiction over the matter and properly served upon WestFax.
A form of consent is accessible at: WestFax Consent Form
All subpoenas must be served on WestFax, Inc. at WestFax, Inc. 8085 S Chester St. Suite 270 Centennial, CO 80112 prior to any response. Certified mail constitutes a method of service. WestFax reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the requested documents and information relate to the litigation. Upon receipt of a valid subpoena, WestFax may notify the customer whose documents and information is sought and allow the customer a reasonable period of time to move to quash the subpoena or otherwise respond.
The Electronic Communications Privacy Act prohibits WestFax from disclosing the content of electronic communications pursuant to a civil subpoena. To obtain such content you may wish to contact or serve the customer who has custody and control of such documents and information relating to the account.
Subject to the above, upon receipt of such a request, WestFax will conduct a search for documents and information accessible on its system that are responsive to the request. WestFax only keeps customers’ documents and information for a limited period of time. After the search is complete, WestFax will send the person requesting the documents and information the results of the search. WestFax reserves the right to send the results of the search to its customer who may then be compelled to produce them to person requesting the documents and information. To the extent any document located during the search process contains information restricted by law, exceeds the scope of the written request or is otherwise not subject to production, it will be redacted or removed.
WestFax will require a minimum $250.00 reimbursement for the reasonable costs incurred in processing written requests and responding to subpoenas for documents and information. Checks should be made payable to WestFax, Inc. WestFax reserves the right to object to any written requests or subpoenas that are vague, overly broad or involve an undue burden. WestFax objects and exercises and retains its rights by objecting to any information it does have to provide.
The Junk Fax Protection Act provides that the sender of an unsolicited facsimile is solely responsible for opt-out notice compliance and solely liable for any violations. The Junk Fax Protection Act provides that the third party need only accept and forward do-not-fax requests and is not advising, involved, responsible or liable to a customer or any other party for such services.