TERMS AND
CONDITIONS
This Agreement constitutes
the entire agreement between Mailbox Exchange ("MailForwarding.biz") and you
("You"
or "Customer"). MailForwarding.biz Service ("MailForwarding.biz Service") is defined as any and all
services provided by MailForwarding.biz to you. By using the MailForwarding.biz web site and
MailForwarding.biz Service, you
confirm your acceptance of, and agree to be bound by, this Agreement. MailForwarding.biz
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
MailForwarding.biz 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 MailForwarding.biz 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;
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; and is not defamatory, obscene, pornographic,
threatening, abusive, or hateful.
2. The provision and collection of data
are subject to the terms of this Agreement and MailForwarding.biz’s Privacy Policy,
the latter of which you shall find at the MailForwarding.biz web site. Except as otherwise provided by the
Privacy Policy, you grant to MailForwarding.biz 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 “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 MailForwarding.biz’s collection of and use of your information in the manner
provided for this Agreement and the Privacy Policy. MailForwarding.biz does not assume
any responsibility for your Content, and is not responsible for any loss or
damage related to your Content. MailForwarding.biz 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 MailForwarding.biz determines violates any applicable law
or any right of MailForwarding.biz or any third party, or otherwise may expose MailForwarding.biz
to civil or criminal liability or public ridicule, provided however that such
right shall not obligate MailForwarding.biz to so exercise control over your Content
or any third party’s content. MailForwarding.biz reserves the right to give assistance
to any relevant person or entity regarding any such violation.
3. MailForwarding.biz shall
update and maintain MailForwarding.biz Service provided herein. If you want to have
your own U.S. address and use our Service, you must complete USPS Form 1583
(http://www.usps.com/forms/_pdf/ps1583.pdf) and have it notarized, and mail it
to MailForwarding.biz 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 your own U.S. address
when you login. You shall use only the address designation "PMB"
or "#" to designate your address. No other designation is valid.
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
PMB or # sign designation. If you do not send us USPS Form 1583, we shall
allow you to use our MailForwarding.biz address as a forwarding address for you to purchase
merchandise in the U.S. MailForwarding.biz shall receive your packages through UPS,
FedEx, DHL(“Express Carriers”) and/or USPS . MailForwarding.biz shall open and re-package
them if it is necessary, and ship them to you. In case MailForwarding.biz has not received
proper documents such as a copy of your ID and/or USPS Form 1583 via mail,
MailForwarding.biz may hold your mails and/or packages until MailForwarding.biz receives the proper
documents. MailForwarding.biz may terminate the account if MailForwarding.biz does not receive
required documents within 30 days from a date that a customer
signs up with MailForwarding.biz.
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 MailForwarding.biz service for
any unlawful, illegitimate or fraudulent purpose. You shall not use MailForwarding.biz
service for sex businesses, Internet gambling, on-line adult content, roving
merchants (door-to-door sales), drug paraphernalia, and similar businesses.
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. MailForwarding.biz reserves the right to immediately
terminate MailForwarding.biz service upon suspicion of fraud or illegal activities.
5. As your authorized entity, MailForwarding.biz shall sign on behalf of you
when MailForwarding.biz receives and ships your packages through Express Carriers
or USPS. All international shipping charges are specified on the MailForwarding.biz
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 MailForwarding.biz
Service in advance. In the event that you refuse to accept your package in
your country, MailForwarding.biz 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, monthly recurring fees and other charges may be applied to your MailForwarding.biz
service. You may find any rates and charges
on the MailForwarding.biz
Service’s World Wide Web site. MailForwarding.biz reserves the right to change
prices or features at any time. All changes shall be posted by MailForwarding.biz
at MailForwarding.biz Service's World Wide Web site. All charges including
set-up fees and memberships are non-refundable. All payment for MailForwarding.biz 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 will be charged automatically for your membership renewal
and all your shipping and handling charges. In addition, if payment is not received
by MailForwarding.biz from the card issuer or its agents, you agree to pay
all amounts due upon demand by MailForwarding.biz. Each time you use MailForwarding.biz
Service, or allow or cause MailForwarding.biz Service to be used, you agree
and reaffirm that MailForwarding.biz is entitled to receive your payment in
advance. MailForwarding.biz reserves the right to suspend or terminate your
MailForwarding.biz Service without notice upon rejection of any card charges
or if your card issuer (or its agent or affiliate) seeks return of payments
previously made to MailForwarding.biz when MailForwarding.biz 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 MailForwarding.biz
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. MailForwarding.biz reserves the right
in its sole discretion to change MailForwarding.biz Service or any of its
features at any time with or without notice. MailForwarding.biz has no obligation to monitor MailForwarding.biz Service
but may do so and may disclose information of your use of the service to satisfy
laws, regulations or governmental requests; to operate MailForwarding.biz
Service properly; and, to protect itself and its customers. MailForwarding.biz reserves
the right to deny any individual or organization of an account, or to terminate
your access to any or all of MailForwarding.biz 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. MailForwarding.biz 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 MailForwarding.biz more than 90 days from the delivery and MailForwarding.biz do
not receive any reply from you, this Agreement shall be terminated immediately
without any notice. After the termination, MailForwarding.biz 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 MailForwarding.biz
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 MailForwarding.biz. Fifteen (15) days after the termination
of this Agreement, MailForwarding.biz shall refuse any package addressed to you and
delivered to MailForwarding.biz.
10. MailForwarding.biz 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 MailForwarding.biz and its employees, or of Customer
or of Express Carriers, or any
other party. MailForwarding.biz 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 MailForwarding.biz from any and all claims
resulting from customer's use of MailForwarding.biz Service which causes damages to Customer
or any other party. Customer herein agrees that the total liability of MailForwarding.biz for
any and all claims is limited to an amount not exceeding $100 regardless of the nature of the
claim. You hereby release MailForwarding.biz 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 MailForwarding.biz which allegedly gave rise thereto. The foregoing exclusions
and limitations of liability shall apply whether or not any remedy or repair by
MailForwarding.biz fails of its essential purpose. Customer further agrees and acknowledges
that MailForwarding.biz would not have entered into this Agreement or provided the MailForwarding.biz
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. MailForwarding.biz grants Customer a
non-exclusive, non-transferable license to use MailForwarding.biz Service provided hereunder.
Title and property rights, including all intellectual property rights to MailForwarding.biz
Service, are and shall remain with MailForwarding.biz. Customer recognizes that MailForwarding.biz Service
used herein constitute valuable trade secrets of MailForwarding.biz. Customer shall use its
best efforts to protect and keep confidential any and all MailForwarding.biz Services used by
it and shall not attempt to copy, examine, in any way alter, or re-engineer,
tamper with, or otherwise misuse MailForwarding.biz Service. You understand and agree that
following the termination of your MailForwarding.biz Service Account for any reason, such
user name may be re-assigned to another customer and you agree that MailForwarding.biz 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 MailForwarding.biz has been advised of the
possibility of damages.
12. MailForwarding.biz 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. MailForwarding.biz 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.