TERMS AND CONDITIONS FOR MAILBOX RENTAL AND RELATED SERVICES
1. World Address LLC ("Ship2Me") operates a mailbox rental operation and is the owner of certain mailboxes (each hereafter referred to as a "Mailbox") installed at 8912 NE Alderwood Rd, Portland, OR 97220-6802. In addition to the Mailbox rental, Ship2Me may also offer related services to its customers. The Mailbox and all related services (collectively the "Service") are provided to you (“Customer”) under the terms and conditions of this Mailbox Service Agreement and any modifications that may be made from time to time to this Agreement and all other terms, conditions, rules or operation or policies that may be made from time to time by Ship2Me (collectively the " Agreement" ) As used in this AGREEMENT, the term “Customer” means Customer as well as its owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns. Ship2Me is a registered commercial mail receiving agency and is subject to federal laws and regulations regarding commercial mail receiving and forwarding.
2. CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AT ALL TIMES. BY OPENING AN ACCOUNT WITH SHIP2ME AND CONTINUED USE OF THE SERVICE CUSTOMER AGREES TO ABIDE BY THE TERMS OF THIS AGREEMENT.
3. Ship2Me may modify or amend this AGREEMENT at any time. If such an amendment occurs then Customer may be notified of all amendments or modifications by an e-mail notice sent to the registered e-mail address of Customer. By continuing the use of the mailbox and/or the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT. Notwithstanding the above, all modifications or amendments by Ship2Me will become effective as soon as published in Ship2Me’s website (www.Ship2Me.com).
4. Customer must complete USPS Form 1583 in order for Ship2Me to receive mail from the U.S. postal service. Ship2Me may not accept mail from USPS until we receive Form 1583, authorizing Ship2Me to accept mail on your behalf.
5. Customer will receive a Mailbox account number when registering for a new account with Ship2Me. Customer shall maintain the security and confidentiality of the username and password to this account. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer’s account. Customer must immediately alert Ship2Me of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.
6. Ship2Me provides Service under this AGREEMENT pursuant to one or more Service Plans. Customer hereby subscribes for Service under the Service Plan chosen by Customer when registering for an account. Customer acknowledges that it has been provided with a schedule detailing the monthly subscription fees and all other fees applicable to all Service Plans offered by Ship2Me and available to Customer. Customer agrees to pay all setup fees, monthly fees, shipping fees and other charges incurred for the Service Plan chosen by Customer and/or for all Service provided. Ship2Me will allow active customers to store their merchandise for up to 30 days at no charge. After 30 days, customer agrees to pay storage fees of $0.20 per pound per day. Maximum storage is up to 90 Days.
7. All Service Plans have no minimum service periods and can be terminated immediately. The initial term of this AGREEMENT shall be the minimum Service period of three months or the initial period paid for by the Customer whichever is longer. All Service Plans automatically renew every month unless cancelled by written notice to Ship2Me received at least 30 days prior to the first day of a calendar month. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at Ship2Me’s sole discretion. Rents are due monthly and payable on the day of each customer’s registration. Accounts will become delinquent if rent is not received by Ship2Me by the 5th day following the registration date. Customer agrees that Ship2Me may immediately charge Customer’s Credit Card on record with Ship2Me for all charges or monies owed by Customer to Ship2Me. The Customer acknowledges and agrees that Ship2Me may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer’s designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00. If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, Ship2Me has the right at its sole option to immediately terminate Service and/or this AGREEMENT.
8. All fees charged pursuant to this AGREEMENT are subject to change by Ship2Me without prior notice to Customer. All fees are payable in advance. Ship2Me will not prorate fee or provide refunds for cancellation of any service prior to the expiration of a Service period. In addition to rent and other fees due hereunder, Customer agrees to pay for all shipping charges as set forth in the chosen Service plan and all other charges set forth in this AGREEMENT. Customer agrees to allow Ship2Me to maintain the details of Customer's preferred method of payment and to bill this payment method for all shipments in accordance with Ship2Me's published shipping rates. Shipping charges are based on weight and are calculated in increments of one (1) pound. For example, shipments weighing up to one (1) pound will be charged for shipping based on one (1) pound and shipments weighing more than one (1) up to and including two (2) pounds will be charged for shipping based on 2 pounds and so on. Dimensional weight charges may apply on bulky, lightweight packages. Dimensional weight is used when the result of multiplying the measurement in inches of package height times package width times package length divided by 166 is more than the actual weight in pounds.
9. Upon cancellation by the Customer of this AGREEMENT or the Service, Ship2Me will provide Service only through the remaining term paid for by the Customer. The Customer agrees and acknowledges that Ship2Me shall have no liability for any mail, packages or parcels mailed or delivered to Ship2Me or other obligations with respect to such mail, packages or parcels after cancellation of this AGREEMENT by the Customer except as expressly provided herein.
10. Ship2Me shall hold and forward any mail, packages or parcels of the Customer for a period of not longer than 30 days after expiration, termination or cancellation of this AGREEMENT. These services will be provided only to the extent that the Customer pays in advance for all packing, postage and Ship2Me applicable fees. All fees payable for such services shall be charged at the maximum shipping rates for the applicable country. If, upon termination of this Agreement or upon expiration of Customer’s prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer’s Mailbox contents, Ship2Me may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer’s mailbox after 30 days of termination, are subject to be discarded, destroyed or otherwise disposed of by Ship2Me. Customer waives and releases Ship2Me from compliance with any obligation to forward or re-mail such mail, packages or parcels provided for under federal law or USPS rules and regulations and specifically agrees that Ship2Me does not have any obligation to forward or re-mail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT. The foregoing is intended to be a written instruction from the Customer to Ship2Me that Customer’s mail, packages and parcels need not be re-mailed to Customer as otherwise required in the USPS Domestic Mail Manual’s conditions for Commercial Mail Receiving Agencies. The Customer acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of this AGREEMENT. Customer agrees that it will notify all persons of the change of address upon termination of this Agreement.
11. If Customer refuses to accept mail, packages or parcels from Ship2Me mailed or forwarded to Customer pursuant to this AGREEMENT, Ship2Me may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by Ship2Me in connection with such returns. The fee for processing returned items is $15 per item plus shipping and handling. Upon the request of Ship2Me, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by Ship2Me.
12. The Customer acknowledges and agrees that Ship2Me will not accept certified, registered or restricted delivery mail, package or parcels on behalf of the Customer unless specifically authorized by the Customer for each such delivery.
13. Ship2Me will not accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with Ship2Me. At its sole discretion, Ship2Me may refuse to accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.
14. The Customer agrees that mail, packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer’s Mailbox, or when Ship2Me gives notice to the Customer’s e-mail address that the item has been received. The Customer expressly releases Ship2Me from all further responsibility or liability with respect to mail, packages and parcels received by Ship2Me on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of legal and legitimate mail, packages or parcels, and for other services as may be purchased from Ship2Me. Customer agrees and acknowledges that it will not use or permit the Mailbox or Service to be used for any other purpose. Use of the Mailbox for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer.
15. Ship2Me will provide the Customer with a mailing address for the Mailbox and Service. The Customer agrees not to modify or alter such mailing address. The Customer acknowledges and agrees that Ship2Me has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this AGREEMENT. Customer further acknowledges that Ship2Me may return to sender or discard any mail that is received at such mailing address but is addressed to a name not previously registered with Ship2Me or is addressed to a name that has not completed the requirements set forth by Ship2Me to verify the identity of such name, or is addressed to a name for which Ship2Me has not received a properly executed USPS Form 1583 and two forms of identification.
16. The Customer acknowledges and agrees that Ship2Me cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Mailbox or Service with such agencies and all USPS postal representatives and postal inspectors upon request. The Customer further acknowledges and agrees that Ship2Me may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena. Customer specifically indemnifies and holds harmless Ship2Me from any and all liability, claims, damages, losses or causes of actions arising from the release of information regarding the Customer or the Customer’s use of the Mailbox to any person, or local, state or federal agency or to the USPS. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If Ship2Me suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, Ship2Me may proceed to immediately terminate this AGREEMENT and Service without refund. Should the account be terminated, Ship2Me reserves the right to charge Customer for all time and expenses incurred in investigating allegations of fraud, responding to inquiries, returning merchandise, and processing the termination.
17. In order to avoid Ship2Me being an unwitting party to fraud or other illegal activities, Ship2Me may inspect any package for which it has not received a properly completed Advanced Shipping Notice from the Customer. Additionally, Ship2Me reserves the right to immediately open and inspect any package, without prior notice to the Customer, should Ship2Me suspect any package of containing any illicit, dangerous or stolen items. Furthermore, if Ship2Me receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by Ship2Me, Ship2Me may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer’s mailbox as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at Ship2Me’s sole discretion.
18. The Customer agrees and acknowledges that Ship2Me may, at its sole option, cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days notice. Such notice may be provided in written, e-mail or other electronic form. Notwithstanding the above, Ship2Me may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to:
(1) the Customer abandons the mailbox for a period of more than thirty (30) days;
(3) the Customer does not provide prompt payment to Ship2Me when due;
(4) the Customer’s volume of mail, packages and/or parcels is excessive and unreasonable;
(5) the Customer’s behavior towards Ship2Me employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;
(6) the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors;
(7) the Customer fails to provide, or Ship2Me is unable to validate, correct and accurate contact and personal information of Customer as requested by Ship2Me
(8) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or
(9) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by Ship2Me.
The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.
19. The Customer agrees to protect, defend, indemnify and hold harmless Ship2Me, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by Ship2Me, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by Ship2Me; (iii) the Customer’s use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to Ship2Me’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include Ship2Me and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
20. CUSTOMER AGREES AND ACKNOWLEDGES THAT SHIP2ME IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT SHIP2ME IS NOT A CUSTOM’S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OF ANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PACKAGES TO THE CUSTOMER. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer. The Customer acknowledges and agrees that Ship2Me has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that Ship2Me does not insure nor process claims of any kind for USPS shipments.
21. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). SHIP2ME DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER’S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A “AS AVAILABLE” BASIS AND SHIP2ME MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR SHIP2ME'S WEB PAGE IS AT CUSTOMER’S SOLE DISCRETION AND RISK. SHIP2ME WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM Ship2Me’S WEBSITE. .
22. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF SHIP2ME, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED $100.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. SHIP2ME SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY FLORIDA LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SHIP2ME BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
23. All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer’s e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer’s fax number on record, five (5) days after deposit in USPS post office, two (2) days after sending the notice via a commercial courier service to the Customer’s address on Form 1583 or at the time such notice is delivered to the Customer.
24. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Florida without regard to the conflicts of laws provisions thereof. Any action to enforce this AGREEMENT or any action arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and Ship2Me by this AGREEMENT shall be brought in the state or federal courts of Portland, OR. The Customer consents and stipulates to venue and personal jurisdiction in the state and federal courts in and for Portland, OR, USA as to any and all lawsuits or causes action arising from this AGREEMENT, the Service, the Mailbox or the relationship between Customer and Ship2Me created by this AGREEMENT. Customer acknowledges and agrees that it is establishing minimum contacts with the state of Oregon for purposes of asserting personal jurisdiction over the Customer for any claims arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and Ship2Me by this AGREEMENT.
25. If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
26. If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time , such failure not operate as a waiver thereof.
27. Customer (including its agents, employees and representatives) represents to Ship2Me that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to commit, or Support Terrorism, 66 F. Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from Ship2Me.