TERMS AND
CONDITIONS
This Agreement constitutes
the entire agreement between
("Mbex") and you ("You"
or "Customer"). Mbex Service ("Mbex Service") is defined as any and all
services provided by Mbex to you. By using the Mbex web site and
Mbex Service, you
confirm your acceptance of, and agree to be bound by, this Agreement. Mbex
reserves the right to change these terms and conditions at any time in its
sole discretion. Your use of the web site after such changes are posted to
the web site constitutes your acceptance of the changes. Please consult these
terms and conditions regularly.
1. Information
provided by you in your registration process shall
be kept confidential and shall not knowingly
be disclosed without your prior consent,
except for law enforcement or postal operation purposes, in which case Mbex intends to cooperate fully. Law
enforcement is further clarified to include all city, county, state or federal
agencies or their representatives. You represent and warrant that all
information you provide to Mbex in your registration process is true,
accurate, and not misleading. You assume sole responsibility for ensuring
that any material that you post or otherwise transmit to this site including
via email and in all areas or that is posted or otherwise transmitted via
Your User ID and password (“your Content”) does not post any false, or inaccurate
information; and does not upload any defamatory, obscene, pornographic, threatening,
abusive, or hateful posting; and does not violate any laws or the rights of
any person; does not share your User ID and password with third parties or
using your User ID and password for an unauthorized purpose.
2. The provision and collection of data
are subject to the terms of this Agreement and Mbex’s Privacy Policy,
the latter of which you shall find at the Mbex web site. Except as otherwise provided by the
Privacy Policy, you grant to Mbex a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, fully paid transferable right and license to use
any of your Content and exercise all rights, including but not limited to
copyright rights, in such information in any media now known or that may be
later developed. If you proceed to click on the "I Agree and Continue",
“Submit” or “Save” buttons displayed on the registration screens, you shall
be considered to have read, understood and accepted both the Agreement and
the Privacy Policy and have consented to Mbex’s collection of and use
of your information in the manner provided for this Agreement and the Privacy
Policy. Mbex does not assume any responsibility for your Content, and
is not responsible for any loss or damage related to your Content. Mbex
may, at any time and in its sole discretion, screen, monitor, investigate,
intercept, block, exclude, remove, request the removal of, or otherwise exercise
control over your Content or anyone else’s content that Mbex determines
violates any applicable law or any right of Mbex or any third party, or
otherwise may expose Mbex to civil or criminal liability or public ridicule,
provided however that such right shall not obligate Mbex to so exercise
control over your Content or any third party’s content. Mbex reserves
the right to give assistance to any relevant person or entity regarding any
such violation.
3. Mbex shall
update and maintain Mbex Service provided herein. If you want to use our
Service to receive any mail and/or use it for your business, you must complete
USPS Form 1583 (http://www.usps.com/forms/_pdf/ps1583.pdf) and send it to Mbex
along with two types of ID such as a passport or a driver's license. Once
we receive the USPS Form 1583, we shall notify you and you shall find the
U.S. address when you login. You shall use the address designation "#"
to designate your address. Specifically excluded is the use of suite, dept.,
or apt. The U.S. Postal Service may refuse to deliver any piece of mail that
does not include the # sign designation. You may use the address to purchase
merchandise in the U.S. Mbex shall receive your packages through UPS,
FedEx, DHL(“Express Carriers”) and/or USPS . Mbex shall open and re-package
them if it is necessary, and ship them to you. In case Mbex has not received
proper documents such as a copy of your ID and/or USPS Form 1583 via mail,
Mbex may hold your mails and/or packages until Mbex receives the proper
documents. Mbex may terminate the account if Mbex does not receive
required documents within 30 days from a date that a customer
signs up with Mbex.
4. You represent and warrant that you
are at least 18 years of age and that you possess the legal right and ability
to enter into this Agreement. You shall not use Mbex service for any unlawful,
illegitimate or fraudulent purpose. You shall not use Mbex service for
sex businesses, bulk/mass mailing, Internet gambling, on-line adult content,
roving merchants (door-to-door sales), drug paraphernalia, multi-level marketing,
pyramid schemes, receiving checks or money orders and other business practices
easily subject to abuse. You agree and acknowledge that you shall not solicit
shipment of dangerous goods, explosives, illegal drugs or any type of merchandise
prohibited or regulated by the US and/or by your country. Customer shall not use the service
in violation of any federal or State laws and or any import and export regulations.
You shall be responsible for any and all damages, costs (including without
limitation, reasonable attorney’s fees and expenses), fines or penalties from
your failure to comply with these requirements. Mbex reserves the right to immediately terminate
Mbex service upon suspicion of fraud or illegal activities.
5. As your authorized entity, Mbex shall sign on behalf of you when Mbex
receives and ships your packages through Express Carriers or USPS. All international
shipping charges or discounts are specified on the Mbex web site. We shall
notify you when we receive any packages for you. As your package must be shipped
within 90 days from the delivery, you need to provide us with relevant shipping
instructions and make a payment for Mbex Service in advance. In the event
that you refuse to accept your package in your country, Mbex may return
the package to the sender and you shall be responsible for any shipping, handling
charges, customs and duties associated with such return.
6. Applicable
shipping and handling charges,
packaging material charges, set-up fees, recurring membership fees and other charges may be applied to your Mbex service. You may find any rates and shipping
discounts on the Mbex Service’s World Wide Web site. Mbex reserves
the right to change prices or features at any time. All changes shall be posted
by Mbex at Mbex Service's World Wide Web site. All charges including
set-up fees and memberships are non-refundable. All payment for Mbex Service must be paid in advance and be made by your credit card or
on-line payment method such as PayPal or bank wire transfer. Your on-line
registration and our activation of your account will represent your acceptance
of the authorization to charge your credit card for all your future charges.
Your credit card or PayPal account will be charged automatically for your
membership renewal and all your shipping and handling charges. In addition, if payment is not received
by Mbex from the card issuer or its agents or PayPal, you agree to pay
all amounts due upon demand by Mbex. Each time you use Mbex Service,
or allow or cause Mbex Service to be used, you agree and reaffirm that
Mbex is entitled to receive your payment in advance. Mbex reserves
the right to suspend or terminate your Mbex Service without notice upon
rejection of any card or PayPal charges or if your card issuer (or its agent
or PayPal) seeks return of payments previously made to Mbex when Mbex
believes you are liable for the charge. Charges more than 15 days overdue
shall subject customer's service to interruption. Such interruption does not
relieve Customer from the obligation to pay the charge. Late charges of 1%
per month, or the highest amount permitted by law, shall accrue daily on the
amounts more than 15 days overdue. You agree to pay all sales and use taxes,
duties, or levies which are required by law as well as all attorney and collection
fees arising from efforts to collect any unpaid balance on your account.
7. You shall be responsible for any charges related to the shipment of your
packages to you including customs, taxes, nationalization fees, and surcharges
for remote locations, which may be billed at or after delivery. If the dimensional
weight exceeds the actual weight of your shipments, you shall be charged based
upon the dimensional weight. You must provide us with accurate shipping address
and telephone number. In an event that you need to change your shipping address,
you need to notify us in advance or update your shipping address under your
account.
8. The benefits
or rights conferred by this Agreement are non-transferable. The use of Mbex
Service account is limited to the one (1) individual whose name appears on
the account. Your package may not be accepted or returned back to a sender if the recipient
name and/or business name is different from your account name unless otherwise specified by you. Mbex reserves the right in its
sole discretion to change Mbex Service or any of its features at any time
with or without notice. Mbex has no obligation to monitor Mbex Service but may do so and
may disclose information of your use of the service to satisfy laws, regulations
or governmental requests; to operate Mbex Service properly; and, to protect
itself and its customers. Mbex reserves the right
to deny any individual or organization of an account, or to terminate your
access to any or all of Mbex Services at any time, without notice, for
any reason whatsoever.
9. The initial term of this Agreement shall be one (1) year from the date you enter into this Agreement and shall automatically renew for successive
additional 3 month terms until terminated as set forth herein or until written
notice of non renewal by either party is delivered to the other party at least
7 days of prior to the end of the current term. Mbex may terminate this
Agreement immediately upon default of Customer's payment or other obligations under
this Agreement. Either party may terminate this Agreement at any time by simply
providing the other party 7 days written notice. If your package
is stored at Mbex more than 90 days from the delivery and Mbex do
not receive any reply from you, this Agreement shall be terminated immediately
without any notice. After the termination, Mbex shall have the option to return all packages to the senders
at your expenses or to ship all packages to you at your expenses. If Mbex
do not receive the above shipping and handling charges within 30 days from
the termination date, you agree that all packages shall be discarded or destroy
at the sole discretion of Mbex. Fifteen (15) days after the termination
of this Agreement, Mbex shall refuse any package addressed to you and
delivered to Mbex.
10. Mbex shall
not be responsible for any damages customer suffers for any reason, including,
but not limited to damage to or loss of any package occurring during shipment to you, or resulting from non-deliveries, wrong
deliveries, and any and all service interruptions whether caused by the
negligence or other acts or omissions of Mbex and its employees, or of Customer
or of Express Carriers, or any
other party. Mbex MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
Customers agrees to indemnify and to hold harmless Mbex from any and all claims
resulting from customer's use of Mbex Service which causes damages to Customer
or any other party. Customer herein agrees that the total liability of Mbex for
any and all claims is limited to an amount not exceeding $100 regardless of the nature of the
claim. You hereby release Mbex from any and all obligations, liabilities and
claims in excess of this limitation. In no event shall any lawsuit or cause of
action be brought by Customer more than six (6) months after the act or
omission of Mbex which allegedly gave rise thereto. The foregoing exclusions
and limitations of liability shall apply whether or not any remedy or repair by
Mbex fails of its essential purpose. Customer further agrees and acknowledges
that Mbex would not have entered into this Agreement or provided the Mbex
Service to Customer but for the foregoing exclusion and limitations of
liability, and that they are a risk allocation which constitutes the basis of
the bargain between the parties.
11. Mbex grants Customer a
non-exclusive, non-transferable license to use Mbex Service provided hereunder.
Title and property rights, including all intellectual property rights to Mbex
Service, are and shall remain with Mbex. Customer recognizes that Mbex Service
used herein constitute valuable trade secrets of Mbex. Customer shall use its
best efforts to protect and keep confidential any and all Mbex Services used by
it and shall not attempt to copy, examine, in any way alter, or re-engineer,
tamper with, or otherwise misuse Mbex Service. You understand and agree that
following the termination of your Mbex Service Account for any reason, such
user name may be re-assigned to another customer and you agree that Mbex shall
not be liable for damages arising out of any such re-assignment, and you hereby
waive any claim with respect to any such re-assignment, whether based on
contract, tort or other grounds, even if Mbex has been advised of the
possibility of damages.
12. Mbex and Customer agree that any dispute or controversy arising out
of, relating to or in connection with the interpretation, validity, construction,
performance, breach or termination of this Agreement shall be settled by binding
arbitration to be held in La Habra, California, in accordance with the rules
then in effect of the American Arbitration Association (the "Rules").
The arbitrator may grant injunctions or other relief in such dispute or controversy.
The decision of the arbitrator shall be final, conclusive and binding on the
parties to the arbitration.
13. This Agreement supersedes any and all oral and written statements and
representations by any party and contains the entire agreement and
understanding between the parties hereto with respect to the subject matter
hereof and the transactions contemplated hereby. Mbex may change this
Agreement from time to time. Customer will be notified of any such changes via
e-mail or on the web site. If any of the provisions of this Agreement are determined to be illegal,
invalid or otherwise unenforceable, in whole or in part, they shall be deemed
severable from, and shall in no way affect the validity or enforceability of,
the remaining provisions of this Agreement. This Agreement shall be governed by
and construed, interpreted and enforced under the laws of the State of
California.