US Global Mail(a) This Terms of Use Agreement (this “Agreement”), is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietorship, or other business entity (whether or not capitalized, “You” or “Your”) and Worldwide Mailing Solutions, Inc. dba US Global Mail, Texas corporation, its affiliates, and each of their respective successors and assigns (collectively, referred to herein as “Company,” “we,” “our”, “us” or “US Global Mail”) governing Your use of (i) the US Global Mail website accessible via http://www.usglobalmail.com (the “Website”) and all other websites, social media accounts, and other online products and services offered by US Global Mail, (ii) the content contained in any of the foregoing, (iii) any offline components and services provided by US Global Mail for use in connection therewith, including mail management services and digital address and mailbox services such as mail scanning, forwarding, online mail management, virtual mailbox and other related services (the “Mail Management Services” and together with (i) through (iii), collectively, the “Services”). If You have entered into a written and signed agreement with US Global Mail, that agreement supersedes, governs, and controls with respect to any conflicting term or provision in this Agreement. US Global Mail works with its affiliate, TARA LLC a Wyoming limited liability company (“TARA”) to offer the Mail Management Services.
(b) Please read this Agreement carefully before You start using the Website or the Services. By using the Website or otherwise accessing or using the Services, you agree to be bound and abide by this Agreement and our Privacy Policy, found at [https://www.usglobalmail.com/privacy-policy/] (“Privacy Policy”), incorporated herein by reference. BY USING THE SERVICES, OR DOWNLOADING, INSTALLING, ACTIVATING OR OTHERWISE USING ANY OF THE MATERIALS AVAILABLE THEREON, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS, DO NOT ACCESS OR USE THE SERVICES.
(c) IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY AT URL WHICH IS INCORPORATED HEREIN BY REFERENCE, YOU SHOULD NOT USE THE US GLOBAL MAIL
(d) This Website and the Services are offered and available to users who are 18 years of age or older. By using this Website or the Services, You represent and warrant that You (i) are at least 18 years old, (ii) are of legal age to form a binding contract, and (iii) have not been previously removed or suspended from the Services by the Company. If You do not meet all of these requirements, You must not access or use the Services.
(e) When You sign up for our Mail Management Services on our Website, You will agree to register US Global Mail with the United States Postal Service (“USPS”) as a Commercial Mail Receiving Agency (“CMRA”) as the party that accepts delivery of mail on Your behalf in physical form. The Services may be accessed through Your online mailbox account (the “Virtual Mailbox”), which is provided by US Global Mail via TARA.
(a) We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter.
(b) Your continued use of the Website or other Services following the posting of a revised version of this Agreement means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on You.
YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES, INCLUDING, THE PUBLIC TELEPHONE, COMPUTER NETWORKS, AND THE INTERNET OR TO TRANSMIT INFORMATION, WHETHER OR NOT SUPPLIED BY YOU OR THE COMPANY OR OTHER THIRD PARTY, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT THE ACCESS TO AND/OR THE USE OR OPERATION OF THE SERVICES. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICES.
(a) Additionally, it may be necessary for the Company or its third party service providers to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services. US Global Mail provides no assurance that you will receive advance notification of such activities or that the Services will be uninterrupted or error-free. Any degradation or interruption in the Services shall not give rise to a refund or credit of any fees paid by You.
(b) You are responsible for (i) making all arrangements necessary for You to have access to the Services, and (ii) ensuring that no other persons access the Website or the Services through Your internet connection or using Your login credentials.
(c) Subject to the terms and conditions of this Agreement, You are hereby granted a limited, non-exclusive, non-transferable right to access and use the Services solely for Your internal purposes and not for resale, redistribution, or for the benefit of any third parties. The license granted herein is conditioned on Your continued compliance with the terms and conditions of this Agreement, our Privacy Policy, and applicable law.
(d) To access the Services, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.
(e) You shall: (i) notify US Global Mail immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to US Global Mail immediately and use reasonable efforts to stop immediately any copying or distribution of any proprietary content or materials or other Services data that is known or suspected by you; (iii) notify US Global Mail when you no longer require access to the Services; and (v) keep all of your profile, contact and payment information current. Where use of the Services is contingent on you accessing an “account” and/or inserting a “user identification” and/or “password”, You agree that You will be solely responsible for the user ID and passwords that are provided to You (as such passwords may be changed from time to time in accordance with features of the Services) to log-in to the password protected Services. If non-authorized individuals have access to Your systems or to Your user ID and password, they may be able to use the Services. You shall keep any correspondence You receive relating to or through the use of the Services (including, but not limited to, user ID, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of Your user ID, including without limitation, any actions that occur without Your authorization. Accordingly, it is Your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised, or otherwise used without proper consent. In order to protect the integrity of the Services, US Global Mail reserves the right, in its sole discretion, to block users from certain IP addresses or ranges from accessing the Services at any time.
(a) As a condition to receiving the Mail Management Services, You must complete a separate USPS Form 1583 (“Form 1583”) to authorize US Global Mail to receive Your mail or packages at our designated location. If You request services from us that require You to present any other form (whether for USPS or otherwise), You must present the required and completed form and any related information before we start providing such service for You. You must use the exact mailing address, without modification, as set forth in Section 3 of Form 1583. The USPS will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
(b) You may upload Form 1583 and any other necessary forms to our system via your Virtual Mailbox accessible via your account. You acknowledge that the (i) all information provided by You on Form 1583 and any other form submitted to US Global Mail, or otherwise input via the Website or the Services, will be true, accurate and complete in all respects, (ii) Your use of the Services, including but not limited to the Virtual Mailbox, will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law; and (iii) Your use of the Website and any other Services, and related submission of personal information or other data to us, will comply with all applicable laws.
(c) Completion and delivery of a Form 1583 and use of the Services authorizes and grants US Global Mail or the right to use the information on the Form 1583 and any other information that You may provide via the Website or the Services for the limited purposes of serving as Your CMRA and providing the Services.
(d) You will specify a physical mailing address where your mail may be forwarded by US Global Mail (a “Designated Address”).
The name “US Global Mail,” and all associated or related names, logos design marks, product names, feature names, and related logos are trademarks of the Company and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of the Company. In addition, the look and feel of the Website and the Services (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of the Company.
(a) You hereby authorize US Global Mail to perform the Services and take other actions necessary for or incidental thereto.
(b) If You select US Global Mail as your CMRA, You hereby authorize US Global Mail to open, view, scan, forward, shred, reycle and otherwise handle or process Your mail; provided, however, that the we may decline to scan, open, ship, or otherwise process the outside or contents of Your mail or parcels in our sole discretion if we deem any such action may pose a danger, regulatory risk or otherwise be contrary to law, or if, in our sole discretion, we believe the item may cause damage to other merchandise or equipment, or is economically or operationally impracticable to transport.
(c) You hereby authorize US Global Mail to discard or recycle all your Standard Mail, or any other mail that You may direct us to discard or recycle via Your use of the Services. Standard Mail will not be scanned or inserted into your Visual Mailbox. For the purposes of this Agreement, “Standard Mail” means flyers, circulars, advertising and catalogues, any items postmarked “Standard,” “Std,” “Std Pre-sort,” “non-profit,” or other markings used by USPS.
(a) The Mail Management Services may include the following:
(i) Physical mailing address at a designated US Global Mail site (the “Receiving Address”);
(ii) US Global Mail or will accept mail at the Receiving Address, and may create a digital copy of the certain qualifying mails and upload them into your Virtual Mailbox with required information such as dimensions, tracking info, weight and an image;
(iii) Mail or parcel forwarding to Your Designated Address;
(iv) Consolidation of mail and/or parcels for shipment to Your Designated Address or in-person pickup at the Receiving Address; and/or
(v) Return to sender in accordance with Your instructions via the Website.
(b) By using, requesting, subscribing for, or purchasing any of our Services, and by entering into this Agreement, you are giving express and legally binding authorization to US Global Mail to perform the tasks described herein, and are expressly authorizing us to open and inspect any package we receive on Your behalf. We reserve the right to withdraw or amend any Services, and any service or material we provide on the Website, in our sole discretion without notice.
(c) From your Virtual Mailbox, You may direct US Global Mail to perform the following Mail Management Services:
(i) Forward mail to a specified physical address;
(ii) Forward mail to another account;
(iii) Open envelopes and scan contents of mail;
(iv) Shred or recycle the mail;
(v) Physically store mail and parcels;
(vi) Sign scanned documents electronically;
(vii) Unsubscribe from or opt in to mailing lists;
(viii) Unpack parcels for individual reshipment;
(ix) Consolidate parcels for shipment; and/or
(x) Any other Services offered on the Website.
(d) You are responsible for all instructions to perform Services along with their associated expenses. We are not responsible for items that are recycled or shredded at Your request, or for lost or broken items.
(a) US Global Mail does not accept or send C.O.D. deliveries. Nor can US Global Mail use any third-party shipper accounts.
(b) US Global Mail is not, and will not serve as, a registered agent for service of process. You expressly acknowledge and agree that You shall not list US Global Mail as your registered agent or use any Receiving Address for such purpose. 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 the Company and hold the Company harmless from any and all claims arising out of such actual or attempted service.
(c) US Global Mail will not provide Services to persons or entities identified on, and You hereby represent and warrant to us that You are not and at no time during Your use of the Website or the Services will be listed on, (i) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (ii) the U.S. State Department Debarred Parties List; or (iii) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. US Global Mail also will not provide Services to any person or entity that is, and You hereby represent and warrant to us that You are not and at no time during Your use of the Website or the Services will be, directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).
(d) At no time shall You provide merchandise or mail to any, nor at any time shall You be deemed to be a, Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (i) a person or entity who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC’s website); (ii) the government of or any person or entity domiciled, operating, registered, or incorporated in Afghanistan, Cuba, Iran, Iraq, North Korea, Somalia, Sudan, South Sudan, Syria, Crimea Region of Ukraine, Yemen, or Zimbabwe or any other country that appears on the United States’ Export Administration Regulation (“EAR”) list, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations any declaration by the President of the United States which has the force of law (an “Executive Order”); (iii) a person or entity acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (iv) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (v) a person or entity on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (vi) a person or entity in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.
(e) As Your CMRA, US Global Mail will not accept registered, insured and certified items. We will only accept restricted mail (i.e., mail where the sender has paid a fee to direct delivery only to an individual addressee or addressee’s authorized agent) if expressly authorized on Your Form 1583.
(a) In the event that You order your mail or any other item of any nature forwarded to a location outside of the United States, You acknowledge and agree (i) that such action will subject your mail to the export laws and regulations of the United States and the regulations of the jurisdiction to which you forward your mail and (ii) to fully comply with the Mailing Standards of the United States Postal Service
– International Mail Manual available at https://pe.usps.com/text/imm/welcome.htm
(b) You will be solely responsible for compliance with import-export laws and laws and regulations. You agree that we shall be named as a “shipper of record,” “exporter,” forwarding agent,” or “U.S. principal party in interest” on the export shipment of any mail.
(c) You acknowledge and agree we may refuse to forward any mail or parcel that when we, in our sole discretion, determine that the mail or parcel forwarding would pose a regulatory or other legal risk.
(a) We charge monthly subscription fees for our Services based on the price plan that you select via the Website (the “Price Plan”). Additionally, we charge for certain optional Services not included in your Price Plan. Fees may be subject to change.
(b) Price Plan fees are due and payable monthly or annually in advance. Fees for optional Services are due immediately upon purchase or upon monthly . The Services will automatically renew at end of each annual or monthly period until You cancel the Services or the Services are otherwise terminated in accordance with this Agreement. You are responsible for keeping Your payment information up-to-date. If we are unable to collect Service fees when due, we may terminate or suspend your access to and use of the Services with or without notice. In case of termination of the Services for non-payment, you shall be solely responsible for any mail, parcel or data loss and any other expenses incurred due to the termination.
(a) Your use of the Services is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Services other than as provided herein. You acknowledge that the Services include valuable trade secrets and/or the confidential information of the Company or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
(i) You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to the Services or any information, documents, software, products, and services contained or made available to you in the course of using the Services (the “Information”), or use the Services to run or as part of a service bureau, outsourced, or managed services arrangement;
(ii) You shall not copy, reproduce, republish, upload, post, transmit, or distribute the Service or the Information in any way;
(iii) You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, display, or create derivative works, compilations, or collective works based on the Service or the Information;
(iv) You shall not knowingly or negligently permit other individuals or entities to use or copy the Services, or create Internet “links” to the Service or “frame” or “mirror” the Services on any other server or wireless or Internet-based device;
(v) You shall not access the Services for any reason, including without limitation, in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Service, (iii) copy any ideas, features, functions, or graphics of the Service, (iv) monitor its availability, performance, or functionality, or (v) for any other benchmarking or competitive purposes;
(vi) You shall not access the Services if you sell or provide any service or software that may compete with US Global Mail’s or its licensors’ services or software (a “Competitor”);
(vii) You shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems, or networks of US Global Mail, its licensors or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
(viii) You shall not attempt to probe, scan, or test the vulnerability of any products or services offered through the Services, or of any system, account, or network of US Global Mail or of any of its, licensors, customers or suppliers;
(ix) You shall not interfere, or attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the Services;
(x) You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter, or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to US Global Mail or the Services, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
(xi) You shall not provide an address that is not Your own or direct US Global Mail to forward or otherwise provide mail to any person other than You;
(xii) You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose, or knowledge, to use or enjoy the Services (except for tools for safety and security functions;
(xiii) If you are aware of, or experience, any content, activity, or communication through or in connection with the Service that appears to be in violation of the above restrictions, or in violation of any other provision of this Agreement or applicable law, please contact US Global Mail using the information provided at the bottom of this Agreement.
(b) If you engage in any activity or communication through or in connection with the Services in violation of any of the above restrictions, in addition to any other damages to which US Global Mail may be entitled, if actual damages cannot be reasonably calculated then you agree to pay US Global Mail liquidated damages of $100 for each violation of this Section or the maximum liquidated damages permitted under applicable law, whichever is greater; otherwise you agree to pay US Global Mail’s actual damages, to the extent such actual damages can be reasonably calculated.
(a) Your account may be suspended if we are unable to complete payment transactions for our Services. The suspended account will remain functional, but all service requests will be rejected for lack of funds and the execution of pending Services will be suspended. You will continue to incur charges in respect of your account. Suspension will end only upon settling all outstanding balances.
(b) We may also suspend or limit your access to and use of the Services and/or Your account in the event we have a reasonable basis to believe the use of Your account violates any applicable law or is in violation of this Agreement, including our Privacy Policy, or is otherwise reasonably necessary to protect the Company, its affiliates, third parties or the Services.
(a) The term of this Agreement commences on your first use of the Services and continues until terminated as set forth herein. Any unauthorized use of the Services will be deemed a material breach of this Agreement. US Global Mail, in its sole discretion, may terminate your password, account, or use of the Services if you breach or otherwise fail to comply with this Agreement, our Privacy Policy, or our then-current payment or refund policies. In addition, we may terminate any account at any time, for any reason, in its sole discretion.
(b) We may terminate your access to and use of the Services and/or Your account immediately if (i) You violate applicable law or fail to cooperate or provide information on an investigation by a local, state or federal governmental agency; (ii) You violate any provision of this Agreement, including our Privacy Policy; (iii) Your account is suspended for more 30 days for failure to pay for any of our Services; (iv) You violate any third-party rights or US Global Mail believes termination is reasonably necessary to protect the Company, its affiliates, third parties or the Services.
(c) You may terminate Your subscription and close Your account any time via Your account through our Website. US Global Mail shall not refund any prepaid fees following or in connection with such termination.
(d) Upon termination of this Agreement, You agree to promptly inform all relevant parties that your address has changed. You shall remove all of your data from your account without delay. Upon expiration, cancellation, or termination of this Agreement, you authorize US Global Mail to accept and destroy any mail addressed to “occupant,” “current resident,” or similar designation, or coupons, advertising or other promotional material (including all Standard Mail, collectively, “Unsolicited Mail”), and any mail addressed to you that is delivered to Receiving Address by USPS for six (6) months thereafter. You further agree that we may refuse any package addressed to you delivered by any party other than the USPS, such as a commercial carrier service.
(e) You acknowledge and agree that we are expressly authorized not to forward any of Your mail that is received following termination or cancellation of this Agreement and/or Your account. However, in the event You elect to cancel Your account, You may be able to elect to have US Global Mail re-mail (i.e., forward) your mail (except for Unsolicited Mail and Standard Mail) for up to six (6) months upon your payment in advance for postage, packaging material and forwarding fees. You must pay a monthly forwarding fee in advance for the time period that Your mail is to be re-mailed.
(f) You understand and agree that mail received after expiration or termination of this Agreement shall be handled in accordance with USPS Domestic Mail Manual 508 Section 1.9.3. If you choose to not pay to have your mail forwarded and set forth above, all mail received for the six (6) months following any expiration or termination of this Agreement will be destroyed as received. Six (6) months after the expiration, cancellation or termination of this Agreement, the we may: (i) refuse any mail or package addressed to You; and/or (ii) destroy any of Your mail or packages remaining at a US Global Mail site or within our possession or control.
This Agreement shall be governed by Texas law and controlling United States federal law, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Services, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Houston, Texas.
(a) Any cause of action you may have with respect to Your use of the Services or otherwise relating to this Agreement must be commenced within one (1) year after the claim or cause of action arises.
(b) If you and US Global Mail are unable to resolve a dispute within thirty (30) days of written notice of the dispute, You and US Global Mail agree to resolve such dispute through final and binding arbitration. You and US Global Mail each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to Your use of the Services under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org. The arbitration shall be held in Harris County, Texas, unless you and US Global Mail otherwise agree in writing. You may not initiate any legal action or proceeding against US Global Mail or any of US Global Mail’s employees, managers, members, or agents, in any other forum or location.
(c) You further agree that You may resolve any dispute with US Global Mail only on an individual basis, and that You may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. In addition, unless You and US Global Mail otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, consolidated, or representative proceeding.
(d) Notwithstanding the foregoing, either You or US Global Mail may bring a lawsuit for injunctive relief to prevent and/or to stop (i) unauthorized use or abuse of the Services, (ii) defamation, libel, or other false or misleading statements, or (iii) any actual or threatened breach of the confidentiality obligations established under this Agreement, intellectual property infringement, or unfair competition, without first engaging in the arbitration process described above.
(E) YOUR IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
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. If you are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such an entity to this Agreement, in which case the terms “You” or “Your” (whether or not capitalized) shall refer to such entity. If you do not have such authority, You must immediately stop using the Services. In addition, You agree to abide by all applicable local, state, national and foreign laws, treaties, ordinances, and regulations in connection with Your use of the Services, including those related to taxes, credit cards, data and privacy, international communications, the transmission of technical or personal data, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws, as applicable.
US Global Mail may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency, or governmental body.
(a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (I) US GLOBAL MAIL, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, SERVICES PARTNERS, AND AGENTS AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, ACCURACY, AND NON-INTERFERENCE; (II) NEITHER US GLOBAL MAIL NOR ANY COMPANY PARTY WARRANTS THAT (X) THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (Y) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (Z) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (III) US GLOBAL MAIL AND THE COMPANY PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS, OR OTHER INFORMATION OBTAINED, GENERATED, OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT; AND (IV) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER US GLOBAL NOR ANY OF THE COMPANY PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.
(b) THE COMPANY PARTIES MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS OR SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE COMPANY PARTIES.
(c) THE US GLOBAL MAIL PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY THIRD PARTIES (INCLUDING WITHOUT LIMITATION TARA OR ANY THIRD-PARTY) OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COMPANY PARTIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY (INCLUDING WITHOUT LIMITATION USPS).
(d) THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR LOST TIME OR GOOD WILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IF, DESPITE THE LIMITATIONS ABOVE, ANY COMPANY PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN SUCH COMPANY PARTY’S LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE SERVICE FEE ASSESSED THROUGH THE SERVICES FOR THE TRANSACTION GIVING RISE TO THE CLAIM, OR (B) ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE PROVIDED HEREUNDER. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to you. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You shall defend, indemnify and hold the Company, its affiliates, and each of their respective owners, shareholders, directors, members, managers, officers, directors, employees, agents, successors, and assigns harmless from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses, including reasonable attorneys’ fees, arising out of or relating to any claim, suit, action, or proceeding arising out of or related to (i) your use of or inability to use the Services or any content on the Services; (ii) any communications, interactions, through or as a result of, Your use of the Services, (iii) any lost, damage, inaccurate mail or any images thereof uploaded to or transmitted through the Services, whether based on warranty, contract, tort or any other cause of action (including negligence), (iv) Your breach or violations of any representation, warranty or obligation in this Agreement or any applicable law or third party rights; (v) any bodily injury or death of any person, or damage to real or tangible, personal property resulting from Your acts or omissions; and (vi) any claim that any information or materials provided by You infringe or misappropriate the intellectual property rights of any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim.
The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, national or regional emergency, riots, transportation disruptions, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, and other similar events beyond our reasonable control.
(a) If You have not entered into another agreement with US Global Mail regarding the subject matter contained herein, then this Agreement (including the Company’s Privacy Policy) comprises the entire agreement between You and US Global Mail and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding such subject matter. However, if You and US Global Mail have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between You and US Global Mail, then this Agreement should be read and interpreted in conjunction with such agreement and, in the event of a conflict between this Agreement and a written, signed agreement between the parties, the written, signed agreement shall govern and control.
(b) The failure of US Global Mail to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by US Global Mail in writing.
(c) Use of paragraph or section headers in this Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions.
(d) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.
(e) This Agreement may not be assigned by You without the prior written approval of US Global Mail but may be assigned without Your consent by us to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of You that results or would result in a Competitor directly or indirectly owning or controlling fifty percent (50%) or more of You shall entitle US Global Mail to terminate this Agreement for cause immediately upon written notice.
(f) The Services may provide links to other Internet sites or resources. You acknowledge and agree that US Global Mail is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that US Global Mail shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource.
(g) We may give notice by means of a general notice via the Services, electronic mail to Your e-mail address on record in your account information, or by written communication sent by first class mail or pre-paid post to Your address on record in our account information for You. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to US Global Mail (such notice shall be deemed given when received by US Global Mail) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to US Global Mail, [1321 Upland Dr. Houston, TX 77043, USA], addressed to the attention of: [Chad Gordon (Business Manager)].
If you have questions regarding this Agreement or wish to obtain additional information regarding this Agreement and/or the Services, please send an e-mail to [Support@usglobalmail.com].
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