Effective date: 01/08/2017
Scan Mailboxes, a division of Scan Mailboxes Solutions, LLC (“Scan Mailboxes”, “SMB”, “We” or “us”) is a Texas Limited Liability Company that is licensed to use and to sub-license use of an Internet site (“Site”) that provides mail forwarding, check deposit, scanning, and mail management services (“Services”) to commercial and residential registered users and authorized co-users (“You”). By using the Services, you are entering into an agreement with Scan Mailboxes for use of the Services (“Agreement”) on the terms and conditions set forth herein (“Terms”).
If you do not wish to be bound by these Terms and this Agreement, you must stop using the Services.
We reserve the right to change these Terms at any time, for any reason, with or without notice to You, in our sole discretion, by posting a revised version of the Terms on the Site. You may access the most recent version of the Terms by visiting https://www.scanmailboxes.com/legal/terms-of-services/. By continuing to use the Services, you agree to be bound by any modifications or amendments to these Terms as may be posted on the Site or at the link above.
Term of Agreement.
You will select the initial period of the Services when you create a new account, starting on the date you agree to pay for the Services by completing the online subscription form (“Initial Term”). When the Initial Term expires, this Agreement will automatically renew for successive renewal periods equal in duration to the Initial Term, at the fees then charged for the Service package initially purchased. If We no longer offer that package, you will automatically be placed into the closest equivalent package, based on features and pricing. Notwithstanding the foregoing, We reserve the right to terminate this Agreement at any time, with or without cause, in our sole discretion.
We agree to act as your designated agent for receipt of mail, including letters, flats, packages, parcels, from any carrier or by any mode of delivery (“Mail”), at our own facility or the facilities of one of our Authorized Service Providers, provided that you complete and submit United States Postal Service (“USPS”) Form 1583 per its instructions, within 30 days of creating an account. This form is available at http://about.usps.com/forms/ps1583.pdf. If you do not provide us with a completed form within 30 days of opening an account, we will not be able to accept receipt of Mail on your behalf. Mail received prior to receipt of a completed Form 1583 may be charged a fee and stamped “Return to Sender.”
We will not accept restricted delivery Mail, packages or parcels on your behalf unless you specifically authorize us to do so on Item 5 of the USPS Form 1583. We acknowledge that we can only guarantee acceptance of certified, registered, or restricted-delivery Mail, packages or parcels at one of our designated street addresses, when our employee or employee of an Authorized Service Provider is present to receive them. Such items may not be accepted at PO boxes. If you have properly filled out and submitted Item 5 of Form 1583, we will sign for any and all restricted Mail that we receive addressed to you.
We will not accept postage due or COD Mail on your behalf under any circumstances.
You agree that reshipped Mail is considered to be delivered by us, and any and all of our responsibilities with respect to it end as soon as it is placed in the care of the USPS or other Mail-carrying service. Notwithstanding any other provision in this Agreement, once Mail has been placed in the care of the USPS or other Mail-carrying service for reshipment to an address outside our facilities as requested by you, we are not responsible for your Mail, its arrival, or the speed of its delivery. You expressly release us from all further responsibility or liability with respect to reshipped Mail. You also agree that we are not responsible for Mail that is subject to a change-of-address (“COA”) order with the US Postal Service unless we can be shown beyond any doubt to have actually received such Mail; you assume all risks of using COA’s to have the USPS send your mail to us. We are not responsible for the USPS’ compliance (or non-compliance) with your COA request. You agree to give SMB the permission to open your Change-of-Address Confirmation mail from USPS to ensure that your information is accurate before or after we receive your USPS Form 1583. You will receive the scanned image of this specific mail with the update via your email address when you used to create an online account with us.
You agree that a $5.00 charge will be made for unexpected last-minute pick up without submitting a Pick Up form beforehand.
You agree that new incoming mail are stored for free for the first sixty (60) days. After that, there is a $0.05 per envelope per day fee for remaining in our storage until checked out. You also agree that new packages are stored for free for the first fourteen (14) days. After that, there is a $0.50 per pound per package per day fee for remaining in our storage until checked out.
Undeliverable and Non-returnable Mail.
If we receive Mail that is insufficiently addressed for us to correctly determine the recipient, but which does identify the correct account, it may be delivered to the unassigned mail folder of the administrator of your account. In the event that Mail is insufficiently addressed for us to determine its recipient or account, or we are unable for any other reason to deliver the Mail to its recipient and we are unable to return the item to the delivering carrier or the sender, we will hold the Mail for 30 days from receipt. If, after 30 days, no customer has claimed the Mail, we reserve the right to open the Mail in order to attempt to determine the intended recipient or sender. If we are still unable to determine the intended recipient or sender, you agree that we may dispose of the mail in our sole discretion without compensation to anyone claiming to have been the owner. You hereby waive any rights and release and hold us harmless from any claims regarding Mail that fits within the description of this sub-paragraph 3 (b).
Cash and Checks.
You acknowledge that unless you are paying for a plan that expressly includes check deposit services, our responsibility for checks delivered to us, but not by us, to your online account is limited to reasonable, documented stop-check fees. You agree that we are not responsible for cash delivered to us, or for any monetary or otherwise negotiable instruments once they have been placed into the care of a third-party carrier. You acknowledge that you and your senders send cash through the mail or via carriers at your and their own risk, and you solely assume that risk. In accordance with United States law, we will not create scanned color images of currency; other scanning-related charges will apply to any request to open and scan envelopes containing currency.
Your Forwarding Address.
We will provide you with a mailing address (“Remote Address”) at which you will receive Mail using our Services. You acknowledge that we are not liable for changes in the availability of the Remote Address, and your sole recourse other than termination is to notify mailers that your mailing address has changed to a different Remote Address. You agree that in communicating with potential correspondents regarding your Remote Address you will not modify or alter the format of the Remote Address. Any time that you list your Remote Address, you agree to include your box number on the address. You agree that we have no responsibility for Mail that is not properly addressed according to the format we provide, to USPS specifications, or consistent with these Terms. You agree that if we notify you that certain mailers are using an incorrect format for the mailing address, you will timely ask such mailers to update their address information. In the event that an unreasonably high percentage of your Mail is improperly addressed to you at your Remote Address, we reserve the right to suspend or terminate your account. You also agree not to represent or suggest by any method, including but not limited to placement on a website of photos purporting to depict your place of business at a Remote Address or by any invitation to anyone to visit your Remote Address, that your Remote address is a physical address at which third parties can find you or which they may physically visit. This determination will be made by us in our sole discretion. You agree not to publish a Remote Address if you are not current in your payments to us.
By entering into this Agreement, you authorize us and our Authorized Service Providers (collectively referred to in this paragraph 5 as “Us,” or “We”) to scan the outside of your Mail; provided, however, that you acknowledge that we may decline to scan the outside or contents of Mail if, in our sole discretion, we deem it to be to be obscene, an incitement to hate or violence, or contrary to law. You may direct us to perform certain actions from your online account interface (and by directing us, you thereby authorize us to do so), including but not limited to: forwarding Mail to an address you specify; opening and scanning the internal contents of the Mail envelope; shredding or recycling the Mail envelope and its contents; storing the envelope and its contents, or performing any other actions that we may offer.
You are responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of your account. We are not responsible for items that are recycled or shredded as a result of a customer request. You must immediately notify us of any fraudulent, unauthorized, illegal or suspicious use of the Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
You acknowledge that we deliver Mail to accounts; we do not warrant that Mail will never be mistakenly assigned to another account, and you acknowledge that in such cases we are not liable to the intended recipient and will make our best efforts to notify both the intended recipient and the unintended recipient, immediately upon discovery of any error, and to remove the item from the unintended recipient’s account.
In the event that Mail content belonging to a user outside of your account appears in your account by means other than a Transfer from the addressed user (hereafter “Unauthorized Mail”), you agree not to request any action with respect to such Mail, other than to select it, click the “Return” button, and immediately notify our customer service department. You further agree not to view, read, copy, print, or otherwise distribute, disseminate, disclose, or use for any purpose any content or other information on or within a piece of Unauthorized Mail. You agree that violation of these terms may expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your account.
Multiple User Accounts.
If you share an account with one or more users, and a piece of Mail is addressed to more than one of you, we will attempt to deliver the Mail to the first-listed user. If an authorized user sharing your account requests processing of Mail addressed solely or jointly to you, you release Us and hold Us harmless from any liability for carrying out any and all actions requested by that authorized user with regard to such Mail.
We are a provider and not an insurer with respect to check deposit services. You acknowledge that data processing involves the risk of human and machine errors, omissions, delays and losses, including inadvertent loss or misstatement of data that may give rise to loss or damage. Accordingly, you agree that neither We nor our Authorized Service Providers, agents, representatives and assigns (collectively, “Us,” or “We” in this paragraph 6), shall be liable for any errors omissions, delays or losses arising out of check deposit services, unless caused solely by our gross negligence or willful misconduct. We shall not assume any liability for any losses incurred by you arising out of the negligence, errors, omissions, violations of the law, delays or losses of any third party, including but not limited to circumstances involving insufficient funds, closed accounts, fraud, insolvency or bankruptcy. In no event shall We be liable for any unauthorized, counterfeit, altered or forged signature on any check, electronic items or substitute check processed, or for any indirect, special or consequential damages even if we have been advised of the possibility of such potential claim, loss or damage by you. Notwithstanding anything to the contrary contained herein, We shall not be responsible for delays in receipt of your information or processing because of cause beyond our reasonable control, including, without limitation, failure or limitations on the availability of third party transmission equipment or your failure to properly enter or transmit information. You are solely responsible for identifying the presence of checks in your Mail, and you are solely responsible for the consequences of any actions you request with respect to such Mail or checks, including without limitation shredding, recycling, or other dispositions that prevent your possession of the check or its funds. If you elect to use the Check Auto-Deposit feature, you agree that we may open Mail addressed to you in order to remove and process any checks contained within. By submitting your virtual check deposit slip, you authorize us to submit the check(s) selected to the bank you select or a processing intermediary and to charge your account with the non-refundable handling fee and monthly or annual fees applicable to your pricing plan and as published on our website . Your submission of checks marked for deposit constitutes your valid and effective endorsement of any such checks selected. You acknowledge that you may be assessed a surcharge on checks that cannot be normally processed through our system, whether for reasons beyond your control or, for example, because you improperly entered a check amount that required correction. We will assess a fee that we deem reasonable in our sole discretion for processing checks returned for insufficient funds.
Limitation of liability.
We are not responsible for incomplete or fraudulent endorsements, for your purported endorsement on behalf of other parties, or for your endorsement’s consent to binding legal terms that may be contained on the face or back side of the check. We are not responsible for deposit delays due to war, weather, terrorism, acts of God or other causes outside our reasonable control. Our maximum liability on any check that was delivered to us and subsequently lost or damaged by us consists of any fees we charged for deposit and any documented stop-check fees you have reasonably incurred. Where deposit amounts are to be entered by you, you are solely responsible for entering the correct amount. We disclaim any responsibility for entry of correct deposit amounts or corrections of amounts you enter in error. We will make commercially reasonable efforts to extract payment amount information accurately but are not responsible for any financial loss. We accept no responsibility for checks you have chosen to deposit that are void, past their valid date, or otherwise invalid, including but not limited to the consequences of your bank not accepting the check, not depositing the funds, or assessing fees to your account. We are not responsible for depositing checks that are illegible to our check scanning equipment or unacceptable to our agents or your bank. All checks must be drawn on US banks in US dollars. You acknowledge that not all checks can be processed through our system and be accepted by your bank and you agree to pay all applicable service fees in connection with our attempt to process an unsuitable check.
You agree to abide by all terms and conditions imposed by your bank. Your bank may or may not allow you to use our check deposit service. We are not responsible for continuing to provide check deposit services to you if your bank withdraws from the program, increases its fees, or imposes additional requirements on us. We reserve the right to inform your bank if your account with Us becomes locked due to fraud or if you materially breach the terms of this Agreement.
Downtime and Losses.
Because the Services are a hosted, online application, we may occasionally need to take the servers down for routine maintenance, upgrade and repair. We will make our best efforts to notify you in advance of such scheduled downtimes. You agree that we are not liable to you for any losses or damages resulting from loss of data as a result of a downtime or loss of Services during a downtime.
The Services described in this Agreement are provided pursuant to prices published on our website at the Pricing Page which is incorporated into this Agreement by reference, or as provided to you in a customized pricing schedule (collectively, “Service Pricing”). You hereby subscribe to Services pursuant to the Service Pricing you have selected. You acknowledge that you have website access to a schedule detailing the monthly or annual fees (hereafter, “Monthly or Annual Pricing Plan”) and all other fees applicable to all Services. All fees charged pursuant to this Agreement are subject to change by us. You agree to pay all setup fees, Monthly or Annual Price Plan fees, Mail forwarding and storage fees, and other charges incurred for the Services Pricing Schedule chosen by you (including charges incurred by persons using your account) and/or for all Services. Services not used in any billing cycle may not be carried over into the next billing cycle.
The Basic plan comes with unlimited individual recipients with notarized PS-1583 forms; up to one (1) business name; 30 free envelope or package scans per month; 5 free open and scan requests per month; free unlimited high-security shredding.
The Standard plan comes with unlimited individual recipients with notarized PS-1583 forms; up to three (3) business names; 100 free envelope or package scans per month; 30 free open and scan requests per month; free unlimited high-security shredding.
The Premium plan comes with unlimited individual recipients with notarized PS-1583 forms; up to six (6) business names; 200 free envelope or package scans per month; 75 free open and scan requests per month; free unlimited high-security shredding.
The Diamond plan comes with unlimited individual recipients with notarized PS-1583 forms; up to fifteen (15) business names; 300 free envelope or package scans per month; 175 free open and scan requests per month; free unlimited high-security shredding.
You authorize us to charge your payment mechanism for all charges incurred by you and any and all users under your account. Your Account Balance is the total amount of money in your account used to pay for your Monthly or Annual Price Plan. A credit is an amount added to the Account Balance, such as funds received from your payment mechanism. A debit is an amount subtracted from the Account Balance, for reasons including renewing your chosen Monthly or Annual Price Plan. Credit Limit is the total amount of credit we extend to your account (if any). You agree that we may immediately charge you for all charges or monies owed by you to us. Charges are applied as debits to your Account Balance. By using the Services, you expressly agree that we are permitted to bill you charges associated with the Service Pricing, any applicable tax, and any other charges you may incur in connection with your use of the Services. As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your payment method. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, your continued use of the Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts, as well as any cost of collection we may be required to incur.
Suspension and Account Locking.
Your account will be suspended (“Suspension”) if your Account Balance is less than $25 (or falls below a custom credit limit we have set for you) and we are unable to complete a funding transaction. If your account is suspended, it will remain functional, but all Service requests will be rejected for lack of funds, and execution of pending Services will be suspended. You will continue to incur charges during the Suspension period, as long as your account remains active. Suspension will end only upon our receipt of amounts sufficient to cause your Account Balance to be greater than or equal to $0. We may also lock your access to your account in the event we have a reasonable basis to believe you are using it for illegal purposes or in violation of this Agreement.
You agree and acknowledge that we may at our sole option cancel the Services and terminate this Agreement without cause at any time and upon 5 days’ written notice. Any notice we choose to give may be provided in email or other electronic form. Notwithstanding the above, we may terminate this Agreement immediately for “cause.” You agree that for purposes of this Agreement the actions or failure to act of any user in your account will be attributed to you. “Cause” shall include but not be limited to the following:
- Your account remains in Suspension for more than 30 consecutive days;
- Your behavior towards our employees, our Authorized Service Provider, or other customers is offensive, abusive, violent, threatening or disruptive;
- You fail to provide or we are unable to validate correct and accurate contact and personal information that we require of all customers;
- You fail to correctly complete and submit USPS Form 1583 within 30 days of account activation.
- You fail to cooperate or provide information in connection with any investigation undertaken by a local, state or federal governmental agency;
- We determine that the payment mechanism provided by you is likely being or will likely be used in a fraudulent manner; or
- You violate any provision of this Agreement or any other terms and conditions posted by us, or breach any representations or warranties made hereunder.
Termination by You.
Except in cases of your failure to pay, your notice to terminate your account will not be final until you have, to our satisfaction, confirmed your identity and authorization to terminate the account by filling out the cancellation request form here Once we notify you of termination or approve your notice of termination, your account will go into “Closed” status. After the confirmation of termination, you agree to cease to use your assigned mailing address (“Remote Address”) immediately. We will block your assigned mailbox number for one (1) year before releasing them back into the pool. You will no longer incur periodic charges once your account is closed. We reserve the right to use any Account Balance to pay any past due fees and other charges due. You acknowledge that USPS regulations prohibit customers of Commercial Mail Receiving Agencies from filing a change of address form with the USPS and that you are prohibited from requesting that we refuse Mail, return it to sender, hold Mail during the six months following your notice of termination and return it to the post office, or redeposit Mail without new postage. You must pay another one-time setup fee to reopen your account while it is in Closed status.
Services after Account Closure.
Immediately upon account closure, you will no longer be able to log in to your online account. You waive and release us from compliance with any obligation to forward or re-mail Mail received after your account has been closed and specifically agree that we have no obligation to forward or re-mail Mail to you except as expressly stated in this in this Agreement. The foregoing is intended to be a written instruction from you to us that your Mail need not be re-mailed to you as otherwise required in the USPS Domestic Mail Manual’s conditions for Commercial Mail Receiving Agencies. Upon account closure, we will cancel all pending Services and delete the corresponding service requests from your account. All USPS Mail will be held in inventory until you reopen your account or your account becomes “Terminated,” which will occur at the expiration of two billing periods after your account has been Closed. Once your account becomes Terminated, all USPS Mail held in or delivered to the account will be recycled. Non-USPS Mail delivered to the account will be returned to the sender. At the expiration of six billing cycles after closure: (a) any Mail that we receive for your account may be classified as Undeliverable and Non-Returnable Mail and may be assessed an induction fee of $.35 per piece of Mail; (b) newly arriving USPS First-Class, Priority, Express, accountable, and Parcel Post Mail will be returned to the respective senders; (c) newly arriving USPS Standard Class Mail will be recycled by the system; (d) if any Mail cannot be returned to the sender and you have provided us with no further instruction as to its disposition, we reserve the right to consider such Mail abandoned property and to dispose of it as we see fit. You acknowledge that you have sole responsibility for notifying mailers of a mailing address other than the Remote Address.
We will refund any remaining Account Balance to the account’s designated payment method within 45 days of the account becoming Closed; provide, however, that we will have no obligation to refund to you any fees if you utilized the Services in facilitation of a spam, fraud, or identity-theft scheme. In addition, we will have no obligation to refund activation fees; periodic fees such as prepaid Monthly or Annual Price Plan charges; any monies that were charged to fraudulently obtained credit cards, are associated with use of your account for activity that in our sole discretion we deem fraudulent, or were credited to your account but not paid by you. If you provide notice of termination of your account within 120 hours of your account’s creation, you may request a refund excluding setup fees; if you did not pay an setup fee, then you may request a refund less a cancellation fee of $25. If you request a refund more than 120 hours after your account’s creation or after we have received Mail on your behalf, you may receive a refund of your Account Balance, but Monthly or Annual Pricing Plan fees and activation fees will not be refunded. No other refunds are granted except as stated expressly herein or at our sole discretion.
If you fail or refuse to accept Mail forwarded from us pursuant to these Terms, you will bear any costs of return shipping and re-processing of the Mail by Us. At our request, you must sign for or otherwise acknowledge acceptance of all Mail sent to you by Us.
Compliance with Laws.
You acknowledge and agree that We and our Authorized Service Providers (collectively, “We” in this paragraph) cooperate with the USPS Postal Inspection Service and will share any and all information about you and your use of the Services upon its reasonable request. With respect to third parties, we will provide information about you only as required by valid legal process. We may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of these Terms, or as otherwise required by law.
Service of Process.
Where provided by law, a process server may attempt to serve you by mail, or to serve Us or our Authorized Service Provider (collectively, “We,” or “Us” in this paragraph) as your “mail agent” on your behalf. We assume no liability should you be deemed to have accepted service of process as a result of use of the Services, and you agree to release us and hold us harmless from any and all claims arising out of such attempted service.
You agree not to use the Services for any illegal purpose, and to fully comply with U.S. laws and regulations, including but not limited to USPS regulations, in your use of the Services. If we, in our sole discretion, suspect that your contact information or payment method is fraudulent, or that you are attempting to use the Services for any unlawful, fraudulent, or illegal activities, we may inspect your Mail and we may immediately suspend your account and/or terminate this Agreement and Services without refund. We may also turn over all information concerning you to the USPS Office of the Postal Inspector, the U.S. Federal Bureau of Investigation, the applicable State Attorney General or Embassy with jurisdiction, or other local and national law enforcement authorities. You agree to indemnify us and hold us harmless from any and all liability, claims, damages, losses or cause of action arising from such inspection of your Mail or from the release of information regarding you or your use of the Services to such authorities, or otherwise as required by law.
We hereby grant You a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own internal business purposes, subject to these Terms. All rights not expressly granted to you are reserved by Us. You shall not (a) license, sub-license, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (b) modify or make derivative works based upon the Service; or (c) reverse engineer or access the Services for any purpose other than as provided in this Agreement.
You agree to protect, defend, indemnify and hold Us harmless as well as our licensors, owners, Authorized Service Providers, affiliates, subsidiaries, parents, shareholders, officers, directors, agents, employees, assigns and representatives (“We” or “Us” for purposes of this provision), from and against any and all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses (including attorneys’ fees, litigation costs and expenses) incurred by Us, including, without limitation, any claim for personal injury or property damage arising from or related to: (a) these Terms; (b) the Services; (c) your use of the Services including but not limited to any copyright claims arising out of our scanning documents at your request; (d) the failure of any third party, USPS or any commercial delivery service to provide delivery services accurately and on time; (e) loss, damage or destruction of your Mail by any cause whatsoever whether or not attributable to our negligence or intentional act; (f) any violation by you of any law or government regulation; and (g) the consequences of attempts by third parties to serve you with legal process through the Services or our facility. You further agree and acknowledge that we are not liable for any damage to mail or loss of mail before, during or after mailing or shipment to you. We are not responsible for mail for which there is no record of receipt by us. You acknowledge and agree that pricing for the Services does not include customs, taxes or other charges or fees of any nature relating to the shipment of mail to you. You acknowledge and agree that we have no responsibility or obligation to insure any mail or shipments sent by you.
DISCLAIMER OF WARRANTY.
We represent and warrant that we will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof. EXCEPT AS SET FORTH HEREIN, WE MAKE NO FURTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE OR THE SERVICES, AND HEREBY DISCLAIM ALL OTHER WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SERVICES ARE PROVIDED SECURELY OR WITHOUT ERRORS. THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS AND WE MAKE NO WARRANTIES THAT THE SERVICES WILL BE TIMELY, AVAILABLE AT ALL TIMES, OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICES AND THE SITE IS AT CUSTOMER’S SOLE DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEMS RESULTING FROM THE USE OF THE SITE.
CONSEQUENTIAL DAMAGES AND LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHETHER ARISING IN AN ACTION FOR BREACH OF CONTRACT, TORT, OR ANY OTHER CAUSE OR THEORY OF LIABILITY. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. WE SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE, OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THESE TERMS.
Representations and Warranties.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services, that your billing information is correct, and that you are not accessing and have not accessed the Services to commit illegal acts or violate any provisions of this Agreement. You represent and warrant that you are the authorized user and (if applicable) signatory to the payment mechanism used to open and maintain your account, and agree that you are responsible for any use, activity, and charges incurred by you and any other users under your account. You acknowledge that your breach of these representations and warranties shall entitle Us to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and our attorneys’ fees and costs.
Third Party Sites.
We may periodically provide information to you, via the Site, your online Mail viewer, or through emails directed to you, concerning products and services provided by third parties. We make this information available to you as a matter of convenience only, and in doing so does not endorse any of the products, services or Sites being linked or mentioned, and does not assume any responsibility for the goods or services or the terms under which they are sold. We shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third party with respect to such goods and services, and You agree to indemnify and hold us harmless in the event of any claim, loss or damage arising out of your communications or transactions with third parties identified on our Site.
Local Laws and Export Control.
The Site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. You acknowledge and agree that the Site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Site, You represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. The Site and its associated software may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.
We make no representation that the Site is appropriate or available for use in locations outside the United States. If You use the Site from outside the United States of America, You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Site, the underlying software, or our other intellectual property, including but not limited to our logo, trademark and service marks, contrary to United States law is prohibited. None of the information acquired through the use of the Site is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
Use Outside the U.S.
If You are using the Site outside the U.S., then the provisions of this paragraph shall apply: (i) Les parties aux présentés confirment leur volonté que cette convention de même que tous les documents y compris tout avis qui s’y rattaché, soient redigés en langue anglaise. (translation: “The parties confirm that this Agreement and all related documentation is and will be in the English language.”); (ii) You are responsible for complying with, and ensuring that its customers comply with any local laws that might impact the right to import, export or use the Site, and You represent that you have complied with any and all regulations or registration procedures required by applicable law to make this Agreement enforceable; and (iii) if the laws applicable to your use of the Site would prohibit the enforceability of this Agreement, or impose any additional burdens on Us, or confer any rights on You that are materially different from the terms and conditions of this Agreement, then You are not authorized to use the Site.
In the event that any provision of this Agreement, or portion thereof, shall be deemed invalid, void, or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.
Communication and Notice.
By using the Services, you consent to receiving electronic communications from Us. These communications include notices about your account and information concerning the Services. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal requirements for written communication.
If any party to this Agreement fails to enforce any provision hereof, or fails to exercise any right at any time, such failure shall not constitute a waiver of that or any other provision or right.
You may not assign this Agreement without our prior written approval. We may assign this Agreement without your consent.
This Agreement and the pages referred to herein contain the entire agreement relative to the protection of information to be exchanged hereunder, and supersede all prior or contemporaneous oral or written understandings and agreements concerning the subject matter hereof. This Agreement shall not be modified or amended, except as expressly provided herein or in a written instrument executed by the parties.