Last updated September 21, 2017
The following Terms of Service (“TOS”) are between you and Virtual Post Solutions, Inc. (the “Company”, “we”, “Virtual Post Mail”) that governs your use of the Virtual Post Mail product, software, services and web site (collectively referred to as the “Service”). Before you use the Service, you must agree to these TOS. You can agree to these TOS by actually using the Service or by clicking a check box, if made available to you, that indicates you agree to the Service. Please do not use the Service if you do not agree to any of the following terms.
This acknowledgement is required by Section 17538.5 of the California Business and Professions Code.
Any person obtaining private mailbox receiving service in the State of California must read and acknowledge receipt of the following statement, which is to be kept on file at this CMRA and will be made available, upon demand, to the Department of Consumer Affairs or any law enforcement agency conducting an investigation.
By requesting and obtaining use of a private mailbox receiving service in the State of California, you acknowledge that:
The Company provides to you a Check Deposit Service (“CDS”) to process and deposit checks (“Check” or “Checks”) to your account on your behalf. These deposit transactions (“Transactions”) will be placed through your designated financial institution (“NETWORK”) who will be acting as the Originating Depository Financial Institution (“ODFI”). The terms and conditions of this Agreement do not limit your obligation to comply with the Operating Rules (“Rules”) of the National Automated Clearing House Association (“NACHA”) and applicable Federal regulations (“Regulations”) governing deposit transactions.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND PARTNERS MAKE NO WARRANTY THAT (i) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; (ii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (iv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, (iii) FOR ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iv) FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address as set forth in Form 1583. In such case, notice shall be deemed given three days after the date of mailing.
If any provision of this TOS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this TOS in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this TOS.
We may amend this TOS at any time by posting the amended terms on this Site. It is your responsibility to check these TOS periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these TOS, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Service.