4.
Customer may be required at USA2Me's sole discretion to complete USPS Form 1583 in order for USA2Me to provide a Mailbox or Service. USA2Me may decide not to accept, ship, scan, or handle mail for the Customer unless the Customer has properly completed the USPS Form 1583, thr original of which will be provided to the United States Postal Service ("USPS"), the Customer is expressley appointing USA2Me as its agent for receipt of any mail, packages, or parcels addressed to the Customer and delivered to USA2Me's address, or to any location which USA2Me may from time to time designate. USA2Me will retain a copy of the Customer's USPS Form 1583 which will be made available at all times for examination by USPS representatives and posta inspectors. USA2Me reserves the right to, at is sole discretion, returm to sender, destroy, o otherwise discard any mail or packages received for a Customer that has failed to agree to the terms of this Agreement or has failed to execute and deliver to USA2Me a properly completed USPS Form 1583 along with a copy of two acceptable forms of identification and a copy of the font and back of Customer's credit card on file or has failed to validate his/her identity to USA2Me's satisfaction.
5.
Customer will enter a confidential password and receive a Mailbox account
number when registering for a new account with USA2ME. Customer shall maintain
the security and confidentiality of the password. Customer is responsible
for all directions, orders, notifications, expenses incurred or other actions
that may occur through use of the Customer’s account. Customer must immediately
alert USA2ME of any fraudulent, unauthorized, illegal or suspicious use of the
Service or any other breach of security or unauthorized or illegal activity
that is reasonably suspected by Customer.
6.
USA2ME provides Service under this
AGREEMENT pursuant to one or more Service Plans. Customer hereby subscribes for
Service under the Service Plan chosen by Customer when registering for an
account. Customer acknowledges that it has been provided with a
schedule detailing the monthly subscription fees and all other fees applicable
to all Service Plans offered by USA2ME and available to Customer.
Customer agrees to pay all setup fees, monthly fees, shipping fees
and other charges incurred for the Service Plan chosen by Customer and/or for
all Service provided USA2ME. USA2ME reserves the right to change or amend its rates at any time without prior notice. If the Customer has chosen Plan Basic(or
any plan for which USA2Me does not charge a monthly fee), the Customer
acknowledges and agrees that Customer may not hold more than five (5) pounds of
mail and/or parcels in its account or Mailbox. If such Customer holds more than
five (5) pounds of mail and/or parcels, or if an item (mail or parcel) is
stored in the Customer’s Mailbox for more than the Plan’s maximum free storage
period, USA2ME may: a) perform an automatic upgrade of the Customer’s Plan to a
Service Plan under which USA2Me charges a monthly fee. In this case, the
Customer will be responsible for the monthly fees and charges payable under
that plan or b) Automatically ship all the contents of the Customer Mailbox to
its address on record. In this case the Customer will be responsible for the
shipping charges Under all Service plans, the Customer may not store
mail, packages or parcels longer than the Plan’s specified free storage period
in their Mailbox. Customer agrees that USA2Me may change courier or service type for any shipment which at the discretion of USA2Me is of equal or better o service that the service selected by Customer. Customer agrees to pay a per month storage fee (as
specified in the Plan) for each pound of mail, packages and parcels stored in
the Mailbox for longer than the Plan’s specified free storage period with a
minimum monthly storage fee of $1.00. For example, under Plan
Standard, stored mail, packages and parcels weighing up to one (1) pound will be
charged a monthly storage fee of $1.00 and stored mail, packages and parcels
weighing more than one (1) pound up to and including two (2) pounds will be
charged a monthly storage fee of $2.00 and so on. The full monthly
storage fee is incurred on the forty-sixth (46th) day after receipt
of the mail, packages or parcels by USA2Me and additional monthly storage
charges are incurred on the same day of the next calendar month up until such
time the stored mail, packages and parcels are removed from Customer’s Mailbox. Storage fees will be calculated based on the larger of actual or dimensional weight.
7.
The initial term of this AGREEMENT shall be the minimum Service period or the
initial period paid for by the Customer whichever is longer. All Service
Plans automatically renew every month unless cancelled by written notice to
USA2ME received at least 30 days prior to the first day of a calendar
month. Notwithstanding the foregoing, renewal of this AGREEMENT for
additional terms shall be at USA2ME’s sole discretion. All Rents are due and
payable the first day of each calendar month and become delinquent if not
received by USA2ME by the 10th day of the month. Customer agrees that USA2ME
may immediately charge Customer’s Credit Card on record with USA2ME for all
charges or monies owed by Customer to USA2ME. The Customer acknowledges
and agrees that USA2ME may hold mail, packages and parcels from pickup or
forwarding pending payment of past due fees. On delinquent accounts, delivery
of mail, packages and parcels to the Customer’s designated address will be
suspended and resumed only upon receipt of all amounts due and owing plus a
late charge of $25.00. If Customer fails to pay all fees and other
charges due within thirty (30) days after delinquency, USA2ME has the right at
its sole option to immediately terminate Service and/or this AGREEMENT. USA2ME
reserves the right to use Customer’s security deposit to pay any past due fees
and other charges due. Customer agrees to pay a fee of $50 for any returned check or payment chargeback to defray USA2Me's costs relating to the payment dispute.
8.
A new Customer’s minimum Service period shall be no less than ninety (90) days.
This minimum Service period must be satisfied before a Customer may request a
change to a Plan with a lower monthly fee, unless otherwise approved by
USA2ME. All fees charged pursuant to this AGREEMENT are subject to change by
USA2ME without prior notice to Customer. All fees are payable in advance.
USA2Me may require a security deposit equal to one month’s fee. USA2ME
will not prorate fee or provide refunds for cancellation of any service prior
to the expiration of a Service period or the minimum Service period. The
initial month of service, however, may be subject to prorating of charges
determined by USA2ME if rental commencement occurs on a date other than the
first day of the month. In addition to rent and other fees due hereunder,
Customer agrees to pay for all shipping charges as set forth in the chosen
Service plan and all other charges set forth in this AGREEMENT. Shipping
charges are based on weight and are calculated in increments of one (1)
pound. For example, shipments weighing up to one (1) pound will be
charged for shipping based on one (1) pound and shipments weighing more than
one (1) up to and including two (2) pounds will be charged for shipping based
on 2 pounds and so on. Dimensional weight charges may apply on bulky,
lightweight packages. Dimensional weight is used when the result of
multiplying the measurement in inches of package height times package width
times package length divided by 139 is more than the actual weight in pounds. Customer agrees that USA2Me will add a fuel surcharge to all shipping rates. The fuel surcharge will be the greater of 7.5% of the shipping cost or the actual percentage charged by the major international couriers. Customer agrees that USA2Me may refuse to ship the Customer's items on the Customer's (or any third party's) courier account. Additionally USA2Me may refuse pickups by couriers or shipping company's when the shipment has not been arranged through USA2Me. Customer agrees that USA2Me may refuse to ship any item for any reason, including without limitation hazardous items (as solely determined by USA2Me), firearms or accesories, flammable items, or any other item that may represent a safety or security concern as determined by USA2Me.
9.
Upon cancellation by the Customer of this AGREEMENT or the Service, USA2ME will
provide Service only through the remaining term paid for by the
Customer. The Customer agrees and acknowledges that USA2ME shall
have no liability for any mail, packages or parcels mailed or delivered to
USA2ME or other obligations with respect to such mail, packages or parcels
after cancellation of this AGREEMENT by the Customer except as expressly
provided herein.
10.
USA2ME shall hold and forward any mail,
packages or parcels of the Customer for a period of not longer than 30 days
after expiration, termination or cancellation of this AGREEMENT. These services
will be provided only to the extent that the Customer pays in advance for all
packing, postage and USA2Me applicable fees. . . All fees payable
for such services shall be charged at the maximum shipping rates for the
applicable country. If, upon termination of this Agreement or upon expiration
of Customer’s prearranged instructions, the Customer does not make all prior
payments and arrangements for the forwarding of the Customer’s Mailbox
contents, USA2Me may, at its own discretion refuse or return all items to
sender. Furthermore, any items received or remaining in the Customer’s mailbox
after 30 days of termination, are subject to be discarded, destroyed or
otherwise disposed of by USA2ME Customer waives and releases USA2ME from
compliance with any obligation to forward or re-mail such mail, packages or
parcels provided for under federal law or USPS rules and regulations and
specifically agrees that USA2ME does not have any obligation to forward or
re-mail mail, parcels or packages to Customer except as otherwise specifically
stated in this AGREEMENT. The foregoing is intended to be a written instruction
from the Customer to USA2Me that Customer’s mail, packages and parcels need not
be re-mailed to Customer as otherwise required in the USPS Domestic Mail
Manual’s conditions for Commercial Mail Receiving Agencies. The Customer
acknowledges that due to postal regulations the USPS will not process a Change
of Address upon termination of this AGREEMENT. Customer agrees that it will
notify all persons of the change of address upon termination of this
Agreement..
11.
USA2ME may, at its option, not accept Mail or Packages for more than the Plan’s
maximum number of persons in a single Mailbox. If Customer consistently
receives an excessive number of mail pieces or more mail than can be placed in
a single Mailbox, USA2ME reserves the right to require Customer to pay
additional fees to be determined by USA2ME.
12.
If Customer refuses to accept mail,
packages or parcels from USA2ME mailed or forwarded to Customer pursuant to
this AGREEMENT, USA2ME may return the mail or package to the original sender
and charge the Customer for any return postage and all other fees and expenses
reasonably incurred by USA2ME in connection with such returns. Upon the
request of USA2ME, the Customer must sign for or otherwise acknowledge its
acceptance of all mail, packages and parcels sent to Customer by USA2ME. Additionally customer agrees to reimburse miscellaneous charges charged by the couriers for events or reasons inherent to the customer's address, service request, products, customs, etc. Examples of this charges are "address correction fees", "remote or outside delivery area charges", etc.
13.
The Customer acknowledges and agrees that
USA2ME may not accept mail or packages for the customer for any reason. Specifically restricted delivery mail,
package or parcels may not be accepted on behalf of the Customer unless specifically authorized by
the Customer for each such delivery.
14.
USA2ME will not accept "postage
due" mail and/or COD packages, items or parcels on behalf of Customer
unless Customer has previously arranged and prepaid such acceptance with
USA2Me.. At its sole discretion, USA2ME may refuse to accept
"postage due" mail and/or COD packages, items or parcels on behalf of
Customer under any circumstances.
15.
The Customer agrees that mail, packages
and parcels are considered to be delivered to Customer as soon as they are
placed in the Customer’s Mailbox, or when USA2ME give notice that the item has
been received to the Customer’s e-mail address. The Customer expressly
releases USA2ME from all further responsibility or liability with respect to
mail, packages and parcels received by USA2ME on behalf of Customer except as
specifically set forth in this AGREEMENT. The Customer shall only use the
Service for the reception of mail, packages or parcels, and for other services
as may be purchased from USA2ME. Customer agrees and acknowledges that it
will not use or permit the Mailbox or Service to be used for any other
purpose. Use of the Mailbox for any other purpose is strictly prohibited
and may result in immediate termination of this AGREEMENT and Service to the
Customer.
16.
USA2ME will provide the Customer with a
mailing address for the Mailbox and Service. The Customer agrees not to modify
or alter such mailing address. The Customer acknowledges and agrees
that USA2ME has no responsibility or liability for mail, packages or parcels
that are not properly addressed according to USPS specifications or the terms
of this AGREEMENT. Customer further acknowledges that USA2Me may return to
sender or discard any mail that is received at such mailing address but is
addressed to a name not previously registered with USA2Me or is addressed to a
name that has not completed the requirements set forth by USA2Me to verify the
identity of such name, or is addressed to a name for which USA2Me has not
received a properly executed form 1583 and two forms of identification. Customer agrees that USA2Me may change the mailing address provided to customer at any time provided that USA2Me will continue to receive customer's items at the previous address for at least 30 days after sending notification of the change to the customer.
17.
The Customer acknowledges and agrees that USA2ME cooperates with all local,
state and federal agencies and will share any and all information about the
Customer and use of the Mailbox or Service with such agencies and all USPS
postal representatives and postal inspectors upon request. The Customer
further acknowledges and agrees that USA2Me may share any and all information
about the Customer and use of the Mailbox or Service with any third party upon
being presented with a civil or criminal subpoena or when it has been established to USA2Me's satisfaction that the account has been used for any illegal or questionable activity. Customer specifically
indemnifies and holds harmless USA2ME from any and all liability, claims,
damages, losses or causes of actions arising from the release of information
regarding the Customer or the Customer’s use of the Mailbox to any person, or
local, state or federal agency or to the USPS. The Customer
represents and agrees that it will not use (or allow to be used) the Service
for any unlawful, illegal, illegitimate or fraudulent purposes or for any other
purpose not in conformity by the USPS regulations or other applicable laws,
statutes, rules and regulations. The Customer further represents and agrees
that the Service shall be used in compliance with all applicable federal, state
and local laws. If USA2ME suspects that the Service is being or has been used
for any unlawful, fraudulent or illegal activities, USA2ME may proceed to
immediately terminate this AGREEMENT and Service. Furthermore at its sole discretion USA2Me reserves the right to, in addition to Form 1583, request further verification of any customer's identity or payment instruments prior to any shipping, scan or discard orders.
18. In order to ensure that all items stored or handled by USA2Me are safe and legal, USA2Me reserves the right to inspect any and all items, mail, or packages that arrive at USA2Me. Also, in
order to avoid USA2Me being an unwitting party to fraud or other illegal
activities, shall USA2ME suspect any package of containing any illicit,
dangerous or stolen items, USA2Me may inspect such package or mail. Furthermore, if
USA2Me receives allegations or complaints from any third party that the
Customer may be using the Service in any improper, illegal, or fraudulent
manner as determined by USA2Me, USA2Me may at its sole discretion proceed to
immediately terminate this Agreement and stop the Service. In such case, any
items received or remaining in the Customer’s mailbox as of and after
termination, are subject to be discarded, destroyed or otherwise disposed of at
USA2ME’s sole discretion.
19.
The Customer agrees and acknowledges that USA2ME may at its sole option cancel
the Service and terminate this AGREEMENT for any cause at any time by providing
the Customer thirty (30) days notice. Such notice may be provided in written,
e-mail or other electronic form. Notwithstanding the above , USA2ME may
terminate this AGREEMENT immediately for good cause. Good cause shall include
but is not limited to:
(1)
the Customer abandons the mailbox for a period of more than thirty (30) days;
(2) the Customer does not provide prompt
payment to USA2ME when due;
(3)
the Customer uses the service for mass mailing campaigns, spam campaigns, multi level marketing, or mass marketing mailings; or Customer’s volume of mail, packages and/or parcels is excessive and
unreasonable as determined by USA2Me;
(3)
the Customer uses the service for selling, shipping, or the order fulfillment of items or services that violate copyrights of third parties (i.e. fake, knock-off or pirated items);
(4)
the Customer misrepresents the address or service as a physical address or anything else than just a mailing address to any person, directory, insitution, company or authority,;
(5)
the Customer’s behavior towards USA2ME employees or towards other Customers is
offensive, abusive, violent, threatening or disruptive;
(6)
the Customer fails to cooperate with any request for information by a local,
state or federal agency or by USPS representatives or postal inspectors;
(7)
the Customer fails to provide or USA2ME is unable to validate correct and
accurate contact and personal information of Customer as requested by USA2ME
(8)
the Customer fails to cooperate or provide information in connections with any
investigation undertaken by a local, state or federal agency; or
(9)
the Customer receives items under names that are not registered on their account or use the name USA2ME to receive their mail of for any other purpose.
(10)
the Customer violates any provision of this AGREEMENT or any other terms and
conditions posted by USA2ME.
The
Customer agrees that for purposes of this Agreement the actions or failure to
act of any person authorized by the Customer to use the Service will be
attributed to the Customer.
20.
The Customer agrees to protect, defend,
indemnify and hold harmless USA2ME, from and against any and all claims, causes
of action, liabilities, judgments, penalties, losses, costs, damages and
expenses (including attorneys’ fees and all related costs and expenses of
litigation at arbitration, or at trial or on appeal, if any, whether or not
litigation or arbitration is instituted) suffered or incurred by USA2ME,
including, without limitation, any claim for personal injury or property
damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer
by USA2ME; (iii) the Customer’s use or possession of the Mailbox; (iv) the
failure of any third party to provide delivery or courier services accurately
and on time, this includes the USPS or any commercial delivery or courier
service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or
of any mail, package or parcel by any cause whatsoever whether or not
attributable to USA2ME’s negligence or intentional act; and (vi) any violation
by Customer of any federal, state or local laws, statutes, rules or
regulations. For purposes of this Agreement, the indemnified parties shall
include USA2ME and its owners, affiliates, subsidiaries, parents, shareholders,
members, successors, assigns, representatives, franchisees, officers,
directors, agents, attorneys and employees.
21.
CUSTOMER AGREES AND ACKNOWLEDGES THAT USA2ME IS NOT LIABLE FOR ANY DAMAGE OR
LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING
OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. USA2ME IS NOT RESPONSIBLE FOR DELAYS IN SHIPPING, TRANSIT, CUSTOMS, OR ANY TYPE OF DELAYS FOR SHIPMENTS. THE CUSTOMER ACKNOWLEDGES AND
AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT USA2ME
IS NOT A CUSTOM’S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE
EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY
RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, , DUTIES, , TARIFFS, TAXES,
OR OTHER CHARGES OR FEES OFANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR
PACKAGES TO THE CUSTOMER. Any additional insurance in excess of the
standard amount insured by carriers, if any, must be authorized and paid for in
advance by the Customer. Should the customer request and pay in advance for additional insurance with a shipping courier, USA2Me will only act as the customer's agent in purchasing such insurance at the carrier's or insurance company's normal insurance conditions and will not be responsible for unpaid claims or any other issues related to the insurance. Customer agrees that requesting and paying for insurance does not guarantee that the items are insured and insurance company will honor the claim. Notwithstanding the Customer acknowledges and agrees that USA2ME
has no responsibility or obligation to insure any mail or shipments sent to the
Customer.Customer agrees that USA2Me does not insure nor process claims of any
kind for USPS shipments.USA2Me does not have a climate controlled warehouse and assumes no liability for perishables or commodities that could be damaged by exposure to heat or cold
22.
CUSTOMER AGREES THAT THE SERVICE IS
PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR
IMPLIED). USA2ME DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY
OF CUSTOMER’S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED
SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A “AS AVAILABLE” BASIS AND
USA2ME MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL
TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE
AND OPERATION OF THE SERVICE OR USA2ME’s WEB PAGE IS AT CUSTOMER’S SOLE
DISCRETION AND RISK USA2ME WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO
THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA
FROM USA2ME’S WEBSITE. .
23.
THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF
USA2ME, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR
JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT
EXCEED $100.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES
INCURRED. USA2ME SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR
INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR
THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED
WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE
DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES
ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL
EXTENT PERMITTED BY TEXAS LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES
SHALL USA2ME BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES WHATSOEVER.
24.
All notices to the Customer required or
permitted under this AGREEMENT shall be considered delivered twenty-four (24)
hours after sending of such notice to the Customer’s e-mail address on record,
within twenty-four hours (24) after transmission by fax to Customer’s fax
number on record, five (5) days after deposit in USPS post office, two (2) days
after sending the notice via a commercial courier service to the Customer’s
address on Form 1583 or at the time such notice is delivered to the Customer.
25.
This AGREEMENT shall be interpreted and construed in accordance with the laws
of the State of Texas without regard to the conflicts of laws provisions
thereof. Any action to enforce this AGREEMENT or any action arising from
this AGREEMENT, the Service, the Mailbox or the relationship created between
the Customer and USA2ME by this AGREEMENT shall be brought in the state or
federal courts of Harris County, Texas. The Customer consents and
stipulates to venue and personal jurisdiction in the state and federal courts
in and for Harris County, Texas, USA as to any and all lawsuits or causes
action arising from this AGREEMENT, the Service, the Mailbox or the
relationship between Customer and USA2ME created by this AGREEMENT.
Customer acknowledges and agrees that it is establishing minimum contacts with
the state of Texas for purposes of asserting personal jurisdiction over the
Customer for any claims arising from this AGREEMENT, the Service, the Mailbox
or the relationship created between the Customer and USA2ME by this AGREEMENT.
26.
If the case that any provision of this AGREEMENT shall be deemed to be illegal,
invalid or otherwise unenforceable, such provision shall be considered deleted
from this AGREEMENT, but all other provisions of this AGREEMENT and the
remaining portion of any provision which is deemed to be illegal, invalid or
unenforceable in part shall continue in full force and effect.
27.
If any party to this Agreement fails to
enforce any provision of this Agreement, or fails to exercise any right at any
time , such failure not operate as a waiver thereof.
28.
Customer (including its agents, employees
and representatives) represents to USA2ME that it is not a person or entity
described by Section 1 of the Executive Order (No. 13,224) Blocking Property
and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or
Support Terrorism, 66 F. Customer represents that it is not a Specially
Designated National or Blocked Person as determined by the United States
Department of Treasury Office of Foreign Assets Control. If Customer is
determined to be a Specially Designated National or Blocked Person this
AGREEMENT shall immediately terminate without further notice from USA2ME.