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Terms of Service
ACCEPTANCE OF TERMS
BY USING THIS WEB SITE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, DO NOT USE
THIS WEB SITE.
Fast PDF, LLC provides its website services to you subject to the following
Terms of Service, which may be updated from time to time without notice. You
can review the current version of the Terms of Service at
http://www.fastpdf.com/about/terms.php.
In addition, when using particular Fast PDF services, you are subject to any
guidelines or rules applicable to such services posted on the websites
offering those services. All such guidelines or rules are hereby
incorporated by reference into the Terms of Service. You are responsible for
regularly reviewing these terms of service.
DESCRIPTION OF SERVICE
Fast PDF, LLC provides users with access to on-line resources
through its network of web properties (the "Service"). Unless otherwise
specified, the Fast PDF, LLC web sites are for your personal and commercial
use. Unless explicitly stated otherwise, any new features that augment or
enhance the current Service, including the release of new Fast PDF, LLC
properties, will be subject to these Terms of Service. You understand and
agree that the Service is provided "AS-IS" and that Fast PDF, LLC assumes no
responsibility for the timeliness, deletion, mis-delivery or failure to
store any user documents.
In order to use the Service, you must have access to the World Wide Web,
either directly or through devices that access web-based content, and pay
any service fees associated with such access. In addition, you must provide
all equipment necessary to make such connection to the World Wide Web,
including a computer and modem or other access device. Fast PDF, LLC
neither provides nor takes responsibility for any user's access to the World
Wide Web.
CONVERSION SERVICES
Fast PDF, LLC provides document format conversion services over the World
Wide Web. These services may be provided to you on an a-la-carte basis
(either free or for a fee charged per document) or through an account.
A-LA-CARTE CONVERSIONS
By clicking on any Fast PDF button or link offering to convert your
document or documents for free, you acknowledge and agree that Fast PDF,
LLC may at its discretion insert advertising material into the file or
files resulting from the conversion process.
By clicking on any Fast PDF button or link offering to convert your
document or documents for a fee, you agree that Fast PDF, LLC or its
designated service provider may charge your credit card or account by the
indicated amount in exchange for converting your document, whether or not
you retrieve the results of that conversion from the Service. Fast PDF,
LLC shall hold no responsibility for any user's inability to retrieve
documents.
ACCOUNTS
Accounts with Fast PDF services typically operate "in arrears" - that is,
the account measures your use of the services for a given time period, and
you pay at the end of that time period for the use you made of the
services. Fast PDF, LLC may from time to time credit your account with
additional value to you as a bonus or for promotional or other reasons,
such as when you first sign up for an account. Although Fast PDF, LLC
will make reasonable efforts to enable you to use any such bonus value
toward services provided by Fast PDF, LLC, you understand and agree that
in no case will Fast PDF, LLC be obligated to render to you any such bonus
value held in your account.
You acknowledge that Fast PDF, LLC may establish general practices and
limits concerning use of the Service, including without limitation the
maximum number of days that Content will be retained by the Service. You
agree that Fast PDF, LLC has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that Fast PDF, LLC reserves the right to change these general practices
and limits at any time, at its sole discretion, with or without notice.
MODIFICATIONS TO SERVICE
Fast PDF, LLC reserves the right at any time to modify
or discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Fast PDF, LLC will not be
liable to you or to any third party for any modification, suspension, or
discontinuance of the Service.
TERMINATION OF SERVICE
You agree that Fast PDF, LLC, at its sole discretion, may terminate your
password, account (or any part thereof) or
use of the Service, remove and discard any Content within the Service,
and bar any further access to the Service, for any reason, including,
without limitation, for lack of use or if Fast PDF, LLC believes that you
have violated or acted inconsistently with the letter or spirit of the
Terms of Service. Fast PDF, LLC may also at its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or
without notice.
You agree that any termination of your access to the Service under any
provision of this Terms of Service may be effected without prior notice.
Further, you agree that Fast PDF, LLC will not be liable to you or any
third-party for any termination of your access to the Service.
Upon such termination, if you hold an account with the Service, Fast PDF,
LLC will not be obligated to refund to you the value of any credit
remaining in that account.
NOTICES
Fast PDF, LLC reserves the right to provide notices to you via email using
an email address you provide when using the Service. The Service may also
provide notices of changes to the Terms of Service or other matters by
displaying notices or links to notices to you generally on the Service.
Fast PDF, LLC, will not be obligated to notify you of such matters via
email.
FAST PDF PRIVACY POLICY
Registration Data and certain other information about you is subject to
our Privacy Policy. For more information, please see our
privacy policy.
YOUR OBLIGATIONS
REGISTRATION
In consideration of your use of the Service, if you submit registration
information to us you agree to: provide true, accurate, current and
complete information about yourself as prompted by the Service's
registration forms (such information being the "Registration Data").
If you provide any information that is untrue, inaccurate, not current, or
incomplete, or Fast PDF, LLC has reasonable grounds to suspect that such
information is untrue, inaccurate, not current, or incomplete, Fast PDF, LLC
has the right to suspend or terminate your account and refuse any and all
current or future use of the Service.
MEMBER CONDUCT
You understand that all information, data, text, documents,
and other materials
("Content") submitted to the Service are the sole
responsibility of the person from whom such Content originated. This means
that you, and not Fast PDF, LLC, are entirely responsible for all Content
that you upload, post, email, convert or otherwise transmit via the Service.
Fast PDF, LLC does not control the Content accessible via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such
Content.
You acknowledge that Fast PDF, LLC does not pre-screen or monitor your
Content, but that Fast PDF, LLC and its designees will have the
right (but not the obligation) at their sole discretion to refuse any
Content that is uploaded, posted, emailed, or otherwise transmitted to the
Service. Without limiting the foregoing, Fast PDF, LLC and its designees
will have the right to remove any Content that violates the Terms of Service
or is otherwise objectionable.
You agree that you bear all risks associated with the
use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by Fast PDF, LLC or submitted to Fast PDF, LLC.
You understand that the technical processing and transmission of any Content
may involve (a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks or
devices.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you
reside and to comply with any other local laws affecting the transmission or
posting of Content or affecting the privacy of persons.
LINKS; DEALINGS WITH ADVERTISERS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources ("Linked Sites"). The Linked Sites are not under
the control of Fast PDF, LLC and Fast PDF, LLC is not responsible for the
contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Fast PDF, LLC
is not responsible for webcasting or any other form of transmission received
from any Linked Site. Fast PDF, LLC is providing these links to you only as
a convenience, and the inclusion of any link does not imply endorsement by
Fast PDF, LLC of the site or any association with its operators. You
acknowledge and agree that Fast PDF, LLC is not responsible for the
availability of such external sites or resources, and does not endorse and
is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that Fast PDF, LLC will not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such Content,
goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. You agree that Fast PDF, LLC will
not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings or as the result of the presence of such
advertisers.
FAST PDF, LLC'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws.
Fast PDF, the Fast PDF logos and product and service names are trademarks of
Fast PDF, LLC (the "Fast PDF, LLC Marks"). Except as expressly authorized
by Fast PDF, LLC, you agree not to display or use in any manner, the Fast
PDF, LLC Marks, and not to modify, rent, lease, loan, sell, distribute or
create derivative works based on the Service, in whole or in part.
All contents of the Fast PDF, LLC web sites are: Copyright © 2001, 2002 Fast
PDF, LLC. All rights reserved.
INDEMNITY
You agree to indemnify and hold Fast PDF, LLC, 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 Service, your use of the Service, your connection to
the Service, your violation of the Terms of Service, or your violation of
any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS-IS" AND "AS-AVAILABLE" BASIS. FAST PDF, LLC EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B) FAST PDF, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FAST PDF, LLC SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FAST PDF, LLC HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE
USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FAST PDF, LLC WEB SITES, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE FAST PDF, LLC WEB SITES.
GENERAL INFORMATION
Unless otherwise specified in these Terms of Service, this agreement
constitutes the entire agreement between the user and Fast PDF, LLC with
respect to use of the Fast PDF, LLC web sites and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Fast PDF, LLC with respect to use of the Fast
PDF, LLC web sites. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
You also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software.
The Terms of Service and the relationship between you and Fast PDF, LLC will
be governed by the laws of the Commonwealth of Pennsylvania without regard
to its conflict of law provisions. Use of the Fast PDF, LLC web sites is
unauthorized in any jurisdiction that does not give effect to all provisions
of these terms of service, including without limitation this paragraph.
The failure of Fast PDF, LLC to exercise or enforce any right or provision
of the Terms of Service will not constitute a waiver of such right or
provision. You agree that no joint venture, partnership, employment, or
agency relationship exists between you and Fast PDF, LLC as a result of this
agreement or the use of the Fast PDF, LLC web sites.
If any provision of the Terms of Service is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the Terms of Service remain in
full force and effect.
Fast PDF, LLC's performance of this agreement is subject to existing laws
and legal process and nothing contained in this agreement is in derogation
of Fast PDF, LLC's right to comply with governmental, court, and law
enforcement requests or requirements relating to your use of the Fast PDF,
LLC web sites or information provided to or gathered by Fast PDF, LLC with
respect to such use.
You agree that regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the Service or the
Terms of Service must be filed within one (1) month after such claim or
cause of action arose or be forever barred. The section titles in the Terms
of Service are for convenience only and have no legal or contractual effect.
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