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eFastResponse Customer Agreement

1. Introduction.   The following sections set forth the terms and conditions (“Terms”) of your agreement with FastResponse, Inc. (“eFastResponse or FastResponse”).

2. Agreement. By enrolling as a Subscriber with eFastResponse using the online forms, you agree to be bound by these and other Terms referenced on our site which may be updated from time to time. You acknowledge and represent that all information you provide for the purpose of enrolling as a Subscriber will be accurate, complete and current.

3. Use. Through the eFastResponse web site you are given an opportunity to have your Internet advertisement ("Advertisement") linked to a eFastResponse form configured to collect user contact information and transmitted to e-mail or other device of your choice.

4. Prohibited Uses. You agree not to use the eFastResponse web site for transmission of information to advertise substances, services, products or materials that are illegal or violate eFastResponse’s policies, as they may be revised from time to time. Violation of this provision may result in termination of the use of our service, and/or subject you to state and federal penalties and other legal consequences under applicable law.

5. No Guaranteed Delivery. eFastResponse contact data shall be sent to you by means of e-mail addresses or other contact information that you specify. eFastResponse does not make any guarantee regarding the reliability of your ISP’s e-mail servers or the reception of text messaging from your cell phone, pager, or other wireless service provider.

6. Payment. You must purchase “clicks” in advance to have your service activated. A “click” is defined as a communication sent to you from the eFastResponse system which is initiated in accordance with criteria you have established. “Clicks” may be purchased by major credit card or in some cases by special arrangement with our customer service department. The pricing for “clicks” is subject to change at any time. You may lock in the current price by purchasing as many “clicks” as you wish now, to fulfill your anticipated future requirements. “Click” purchases shall be non-refundable. eFastResponse reserves the right to impose reasonable limitations on the length of time that you have to use the “clicks” by posting notice on our web site.

7. Subscriber's Responsibilities and Rights. You may submit your choice of eFastResponse contact forms, or modify existing eFastResponse contact forms by accessing your Account Maintenance Page. You are responsible for the content of each of your eFastResponse contact forms. You agree to submit all eFastResponse contact forms in accordance with eFastResponse’s policies as may be established or modified from time to time. You represent and warrant that the information contained in the eFastResponse contact form and related links (collectively the "Information"), (i) does not violate any law or regulation; (ii) does not infringe in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) does not breach any duty toward or rights of any person or entity including, without limitation, rights of publicity or privacy, or has not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) is not false or misleading; (v) is neither defamatory, libelous, slanderous or threatening; You further represent and warrant that you have authority to enter into this Agreement.

8. Subscriber's Indemnification Obligation. Subscriber agrees to indemnify, defend and hold eFastResponse, and its licensors, licensees, consultants, contractors, agents, attorneys and employees harmless from and against any and all liability, loss, damages, claims or causes of action, including internal and external legal fees and expenses, arising out of, related to or which may arise from your use of the eFastResponse contact form, your web site, and/or your breach of the terms of this Agreement, including, without limitation, the breach of any representation or warranty set forth in Section 7.

9. Subscriber Web Site. You acknowledge that eFastResponse is not responsible for your web site(s) including, but not limited to, maintenance of such web site(s), order entry, payment processing, shipping, cancellations, returns, or customer service concerning orders placed on your web site(s).

10. Reporting Statistics. You acknowledge that any statistics provided to you by eFastResponse, including, but not limited to, statistics regarding clickthrough rate, are the official and definitive measurements of eFastResponse’s performance. No other measurements or statistics (including those of Subscriber or any third party) shall have any effect on the terms of this agreement.

11. No Warranty from eFastResponse, Inc. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FASTRESPONSE SERVICE IS AT YOUR OWN RISK. THE FASTRESPONSE SERVICE IS AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. FASTRESPONSE EXPRESSLY DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ITS EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, PARTNERS, OR CONTRACTORS ANY AND ALL WARRANTIES INCLUDING, WITHOUT LIMITATION (i) ANY WARRANTY OR REPRESENTATION WHATSOEVER REGARDING THE FASTRESPONSE SERVICE, THE AVAILABILITY, ACCURACY OR CONTENT OF ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED OR AVAILABLE THROUGH OR IN CONNECTION WITH THE FASTRESPONSE SERVICE, FASTRESPONSE WEB SITE OR A PARTNER SITE OR ANY RESULTS OBTAINED THROUGH THE USE THEREOF, AND (ii) THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

12. Limitations Of Liability. IN NO EVENT SHALL FASTRESPONSE, ITS EMPLOYEES, AGENTS, ATTORNEYS CONSULTANTS, PARTNERS, OR CONTRACTORS BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, LOST PROFITS, INDIRECT OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF BUSINESS, COST OF COVER WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FASTRESPONSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, FASTRESPONSE, ITS EMPLOYEES, AGENTS, ATTORNEYS CONSULTANTS, PARTNERS, OR CONTRACTORS AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY CLAIM SHALL BE STRICTLY LIMITED TO THE AMOUNT ALREADY PAID BY YOU TO FASTRESPONSE FOR FASTRESPONSE SERVICE IN THE PRIOR SIX MONTH PERIOD. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Without limiting the foregoing, eFastResponse shall have no liability for any failure of, or delay with respect to, your eFastResponse Service, resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, explosion, embargo, strikes whether legal or illegal, labor or material shortage, transportation interruption of any kind, work slowdown, computer virus, communications line failure, Internet failure or any other condition affecting production or delivery in any manner that is beyond the control of eFastResponse. Subscriber acknowledges that eFastResponse has entered into this Agreement in reliance upon the limitations of liability set forth herein and that the same is an essential basis of the bargain between the parties.

13. Subscriber Cancellation or Termination. If you are dissatisfied with the eFastResponse Service or with any of the terms and conditions contained in this Agreement, your sole and exclusive remedy is to terminate your eFastResponse account. You may cancel at any time for any reason by accessing your account on the eFastResponse site. If you cancel, service will be discontinued within 24 hours of eFastResponse’s receipt of such notice.

14. eFastResponse Cancellation or Termination. Notwithstanding anything contained in this agreement to the contrary, eFastResponse may, in its sole discretion, terminate or discontinue its services. eFastResponse may exercise its discretion to terminate, discontinue, or cancel, as provided for above, for any reason including, but not limited to, if eFastResponse believes that you violated the terms of this Agreement or if eFastResponse believes your conduct is harmful to eFastResponse or others. You acknowledge and agree that all decisions made by eFastResponse in this matter will be final and eFastResponse shall have no liability with respect to such decisions. You agree that eFastResponse may notify you of cancellation or termination via email and any such cancellation or termination shall be effective on the date eFastResponse sends such notice.

15. Effect of Cancellation or Termination. In the event of any termination or cancellation by either Subscriber or eFastResponse under Sections 13 or 14, the Subscriber’s remaining “Clicks” shall not be refunded.

16. Information Rights. Subject to the eFastResponse privacy policy, eFastResponse shall have the right to retain and use for its own purposes all of the information that you provide, including but not limited to URLs selected, the content of eFastResponse contact forms submitted, contact information, billing information, etc.

17. Notices. Unless otherwise set forth in this Agreement, eFastResponse may give general notices to you by posting on the eFastResponse web site.

18. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to principles of conflicts of law. You agree that the exclusive venue for any disputes arising under this Agreement shall be the state and federal courts located in Washoe County, State of Nevada.

19. Entire Agreement; Severability. This Agreement contains the entire agreement of the parties regarding the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and eFastResponse. eFastResponse may modify the terms of this Agreement at any time upon notice published on eFastResponse’s web site. Any use of the eFastResponse Service after such notice shall be deemed to be continued acceptance of this Agreement including its amendments and modifications. If any provision of this Agreement is deemed unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable.

20. Protection of Intellectual Property. Subscriber acknowledges that eFastResponse considers its software and technology, business methods, data, forms and any other information necessary to implement the eFastResponse system (the “protected material”) to be proprietary and protected by laws related to copyright, trademark, patent, trade secret, etc. Subscriber agrees that said protected material shall not be disclosed or released to third parties

21. By clicking on the button below and entering the required information on the next page you agree to the terms of this agreement and other terms as specified on the eFastResponse Web Site.