Privacy statement

Dispute Resolution

Mutual Arbitration Agreement

This section of this Agreement shall be referred to as the “Arbitration Agreement.”  Please read this Section carefully. It requires that claims between you and the Company be resolved by binding arbitration or in a small claims court or tribunal. To the extent permitted by applicable law, this Section prevents you from pursuing a class action or similar proceeding in any forum.

(a) Scope of Arbitration Agreement. You and the Company agree that any dispute or claim arising out of or relating in any way to the subject matter of the Agreement, including but not limited to your access or use of the  Service the Company software, the MyFax® Website any advertising or marketing communications regarding the Company, any products or services sold or distributed through the Company that you received as a user of the  Service, or any aspect of your relationship or transactions with the Company as a user of the  Service (this includes, without limitation, any contract, tort, or statutory claim), will be resolved by binding arbitration, rather than in court. This Arbitration Agreement shall apply, without limitation, to all such disputes and claims that arose or were asserted before, on, or after the effective date of this Agreement.

This Arbitration Agreement does not cover claims that cannot be arbitrated under governing law or for which a pre-dispute arbitration agreement is unenforceable (after taking into account FAA preemption), or as otherwise provided in this Arbitration Agreement. In addition, to the extent permitted by applicable law, either you or the Company may also apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Section may be rendered ineffectual. You may assert claims in a small claims court or tribunal if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

IF YOU AGREE TO ARBITRATION WITH THE COMPANY, YOU ARE AGREEING THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY CLASS, COLLECTIVE, AND/OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST THE COMPANY ONLY IN AN INDIVIDUAL ARBITRATION PROCEEDING. 

(b) Related Third Parties.  This Arbitration Agreement extends to disputes between you and the Company’s Related Third Parties, and to disputes between your Related Third Parties and the Company, that arise out of or relate to this Agreement.  “Related Third Parties” includes a party’s affiliates, subsidiaries, successors, related entities, agents, employees, contractors, subcontractors, insurers, licensees, assignees, vendors, and suppliers. This Arbitration Agreement is expressly intended to inure to the benefit of, and be enforceable by and against, the Related Third Parties, such that either you or the Company may compel arbitration of disputes against the other party’s Related Third Parties, to the maximum extent permitted by law and consistent with this Section (including subsection (g), where applicable).  

(c) Informal Resolution. You and the Company agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. You and the Company therefore agree that, before either you or the Company demands or attempts to commence arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. The informal dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference, unless mutually agreed to by the parties. If a party is represented by counsel, the party’s counsel may participate in the conference, but both parties (you and the Company) shall also fully participate in the conference. Nothing in this Agreement authorizes ex parte communications with a represented party in violation of ethical rules. The party initiating the claim must give notice to the other party in writing of their intent to initiate an informal dispute resolution conference, which shall occur within 60 days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify the Company that you intend to initiate an informal dispute resolution conference, email [email protected], providing your name, telephone number associated with your the Company account (if any), the email address associated with your  account, and a description of your claim. In the interval between the party receiving such notice and the informal dispute resolution conference, the parties shall be free to attempt to resolve the initiating party’s claims. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.

Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration. An arbitration shall be dismissed if it was filed without fully and completely complying with these informal dispute resolution procedures. If an arbitration is dismissed because a party willfully failed to comply with these informal dispute resolution procedures, the arbitrator may order the non-compliant party to pay any arbitration filing fees and costs incurred by the other party as a result of the willful failure to comply.

(d) Arbitration Rules and Forum.  This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration and certify completion of the informal dispute resolution conference pursuant to subsection (c). If this notice is being sent to the Company, it must be sent by email to the counsel who represented the Company in the informal dispute resolution process, or if there was no such counsel, then by mail to: Consensus Cloud Solutions Canada ULC, ATTN: Legal Department, 700 S. Flower St., 15th Floor, Los Angeles, CA 90017, USA.

The arbitration will be conducted by JAMS under its rules and pursuant to the terms of this Agreement. Once the notice certifying completion of the informal dispute resolution conference has been served, the party seeking to arbitrate must then file the arbitration demand with JAMS. If the arbitration is filed with a different arbitration provider than JAMS, that provider shall immediately dismiss the arbitration demand. 

The demand must include (A) the name, telephone number, mailing address, and email address of the party seeking arbitration; (B) a statement of the legal claims being asserted and the factual bases of those claims; (C) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in United States Dollars (any request for injunctive relief or attorneys’ fees shall not count toward the calculation of the amount in controversy unless such injunctive relief seeks the payment of money); and (D) the signature of the party seeking arbitration. 

Disputes shall be subject to the JAMS Comprehensive Arbitration Rules and Procedures and, if applicable, the JAMS Mass Arbitration Procedures and Guidelines (together, the “JAMS Rules”), available at https://www.jamsadr.com/adr-rules-procedures. You may choose to have the arbitration conducted by video conference.  

The fees that shall apply to arbitrations administered by JAMS, including the payment of all filing, administration, and arbitration fees, are set forth in JAMS’ fee schedule.  The Company will pay the portion of the initial case opening fees (if any) that exceeds the filing fee to file the case in a court of competent jurisdiction embracing the location of the arbitration. If the arbitrator finds that you cannot afford to pay an arbitration fee and cannot obtain a fee waiver from the arbitration provider, the Company will pay them for you. Any finding that a claim, counterclaim, or defense violates the standards set forth in Federal Rule of Civil Procedure 11 shall allow the other party to seek to recover their reasonable attorneys’ fees, costs, and expenses associated with defending against the claim or counterclaim. If a party timely serves an offer of judgment under Federal Rule of Civil Procedure 68 or a state or local equivalent, if applicable, and the judgment that the other party finally obtains is not more favorable than the unaccepted offer, then the other party shall pay the costs, including filing fees, incurred after the offer was made. 

If JAMS is not available or willing to arbitrate, the parties will mutually select an alternative arbitral forum. If the parties are unable to agree on an alternative arbitral forum, either party may invoke 9 U.S.C. § 5 to request that a court of competent jurisdiction appoint an arbitrator. To the extent there is a dispute over which arbitration provider shall administer the arbitration, only a court (and not an arbitrator or arbitration administrator) can resolve that dispute, and the arbitration shall be stayed until the court resolves that dispute. 

If at any time the arbitrator or arbitration administrator fails to enforce the terms of this Arbitration Agreement, either party may seek to enjoin the arbitration proceeding in court, and the arbitration shall automatically be stayed pending the outcome of that proceeding.

If the arbitration involves a request or award for an injunction or monetary relief that exceeds $1,000,000 (one million dollars), then either party shall have the right to appeal the award to an arbitration appellate panel. The notice of appeal must be served in writing on the opposing party within fourteen (14) days after the award has become final. JAMS shall administer the appeal consistent with the JAMS Arbitration Appeal Procedures. 

The parties agree that all of the arbitration proceedings, including any discovery, hearings, and rulings, shall be confidential to the fullest extent permitted by applicable law. 

(e) Arbitrator Powers. The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, waiver, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable, to the extent permitted by applicable law except with respect to subsection (g) below (Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief), the enforceability of which can only be determined by a court. 

The arbitration will decide the rights and liabilities, if any, of you and the Company. Except as expressly agreed to in subsection (h) of this Agreement, the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. 

The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. For example, the parties agree that the Apex Doctrine shall apply and therefore preclude depositions of either party’s current or former high-level officers absent a showing that the officer has unique, personal knowledge of discoverable information and less burdensome discovery methods have been exhausted. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. 

The arbitrator will have the authority to award, on an individual basis, monetary damages and any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator shall follow applicable law and has the same authority to award individual relief as a judge in a court of law. The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. For the sake of clarification only, rulings in arbitrations involving the Company and users have no preclusive effect in any arbitration between the Company and other users, and the Arbitrator shall not give binding effect, as against either the Company or a user, to any decision or award rendered in any other arbitration proceeding involving a different party. The arbitrator’s decision is final and binding on you and the Company. 

(f) Waiver of Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and the Company are instead electing to have all disputes resolved by binding arbitration, except as specified in subsection (a) above. Binding arbitration is a dispute resolution process in which a neutral third party (the arbitrator) makes a final and binding decision resolving the dispute. There is no judge or jury in arbitration, and court review of an arbitration award is limited.

(g) Waiver of Class, Consolidated, and Representative Actions; Waiver of Public Injunctive Relief. EXCEPT AS EXPRESSLY AGREED TO IN SUBSECTION (h) AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) a civil court of competent jurisdiction finds all or part of the Waiver of Class, Consolidated, and Representative Actions is unenforceable, the class, collective, or representative action must be litigated in court, but the portion of the Waiver of Class, Consolidated, and Representative Actions that is enforceable shall be enforced in arbitration. The portion of such dispute proceeding in court shall be stayed pending the conclusion of the arbitration. Notwithstanding any other provision in this Agreement, any claim that all or part of the waivers in this subsection (g) is unenforceable, unconscionable, inapplicable, void, voidable, or waived may be determined only by a court of competent jurisdiction and not by an arbitrator. This provision does not prevent you or the Company from settling claims on a class, collective, or representative basis. 

To the extent permitted by law (after taking into account FAA preemption), the parties also waive the right to seek public injunctive relief. If the right to seek public injunctive relief cannot be waived, and a party seeks public injunctive relief in any form, then that request for public injunctive relief shall be severed from the rest of any claim (including any other relief or remedies associated with that claim) and any other claims in the action. The severed request for public injunctive relief shall be resolved in court after the arbitration of the remainder of the claim associated with that request for public injunctive relief and any other claims in the action.

(h) Grouped Arbitrations. To the extent permitted by applicable law and notwithstanding any other provision of this Agreement, to increase efficiency of resolution, in the event 100 or more similar arbitration demands are presented to an arbitration provider selected in accordance with the rules described above within a 30-day period: (A) the parties shall cooperate to organize the arbitration demands into randomized groups of no more than 100 demands (plus, to the extent there are fewer than 100 arbitration demands remaining after the assignment described above, a final group consisting of the remaining demands); (B) claimants’ counsel shall organize and present the grouped demands to the arbitration provider in a format as directed by the arbitration provider; (C) the arbitration provider shall assess one set of filing and administrative fees per group and shall assign one arbitrator per group, pursuant to the applicable arbitration provider’s rules governing arbitrator assignment and subject to any applicable disclosure and disqualification procedures available under applicable law; (D) the arbitration provider shall set up one Arbitration Management Conference per group; (E) regardless of the grouping described above, the arbitrator shall resolve all arbitrations within a group on an individual basis; and (F) no final award from an arbitrator in any one arbitration shall have preclusive effect in any other arbitration. You agree to cooperate in good faith with the Company and the arbitration provider to implement such a grouped approach to administration and fees. Notwithstanding any provision in the Agreement to the contrary, grouped arbitrations shall take place in person or, if the parties prefer, by video conference. The parties may also agree to conduct arbitration based on written submissions alone. The parties agree that nothing herein converts traditional, individual, bilateral arbitrations into representative or class arbitrations. 

(i) Opt Out.  You may opt out of this Arbitration Agreement. If you do so, neither you nor the Company can force the other to arbitrate as a result. To opt out, you must notify the Company in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your account username (if any), the email address you currently use to access your  account (if you have one), and a clear statement that you want to opt out of this Arbitration Agreement. You must send your opt-out notice to: [email protected]. Any attempt to opt out by any method other than the one listed above will be ineffective. Each opt-out notice must be sent by you, and not by any agent or representative. The opt-out notice may opt out, at most, only you, and any opt-out notice that purports to opt out multiple users will not be effective as to any. No users (or their agent or representative) may effectuate an opt-out on behalf of other users. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. If you opt out of this Arbitration Agreement, your opt-out also applies to all previous versions of this Arbitration Agreement.  

(j) Survival. This Arbitration Agreement will survive any termination of your relationship with the Company until the expiration of all applicable statutes of limitations. 

(k) Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to the Company.

(l) Entire Agreement; Severability. This Arbitration Agreement is the full and complete agreement relating to the formal resolution of disputes covered by this Arbitration Agreement. In the event any portion of this Arbitration Agreement is deemed unenforceable, the remainder of this Arbitration Agreement will be enforceable.