The following Terms of Service (“TOS”) are between you and Virtual Post Solutions, Inc. (the “Company”, “we”, “VirtualPostMail”) that governs your use of the VirtualPostMail 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.
Your Use of the Service
- You agree that you will not use the Service for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by U.S. postal regulations.
- You must use the exact mailing address for the mailbox (“Mailbox”) without modification as set forth in Section three (3) of Form 1583. The United States Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
- You agree that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws. Each individual or entity must complete a separate United States Postal Service Form 1583 (“Form 1583″) to be authorized to receive mail or packages at the Mailbox. However, spouses may complete one Form 1583, as long as both spouses include their separate information on Form 1583.
- Form 1583 shall remain confidential, except that Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, you agree to complete all necessary documents, including Form 1583 and any required acknowledgment from relating to service of process. You further agree to sign an updated version of Form 1583 upon request.
- As your Commercial Mail Receiving Agent (“CMRA”), the Company will receive your mail and packages during the time that your account is active with us. An “Active Account” is an account that is not canceled and is not suspended or terminated by the Company for any violation of policies as set forth in this TOS.
- You agree to use the proper mailing address for the Mailbox given to you when you sign up for the Service. You understand and agree that the Company has no liability for any undeliverable mail resulting from improper address or address formats. It is your sole responsibility to make sure that the address you use is correct.
- Your Account, Password, and Security. As a condition to using the Service, you are required to register with the Company and select a password and user name (“User ID”). You shall provide us with accurate, complete, and updated registration information. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your account information, including your password.
- Content. “Content” means any information that may be generated through the use of the Service, such as data files, written text, software, images, messages, graphics, and any other like materials. You understand that all Content, whether publicly or privately transmitted on the Service, is your sole responsibility. This means that the you are solely responsible for any Content that is transmitted through email, downloaded via the web browser or any mobile device, or stored on any hardware media such as a hard drive, USB drive, or other online storage services. You understand and agree that your use of the Service and any Content is solely at your own risk.
- Acceptable Mail. As your CMRA, we will accept all mail including registered, insured, and certified items. Unless prior arrangements have been made, we shall only be obligated to accept mail, or packages delivered by commercial courier services, which require a signature from us as a condition of delivery. You must accept and sign for all mail and packages upon the request of the Company. In the event you refuse to accept any mail or package, we may return the mail or package to the sender and you will be responsible for any postage or other fees associated with such return.
- Unacceptable Mail. The Company does not accept any C.O.D. items.
- Mail Scanning. You authorize the Company to scan the outside of your mail and take photos of your packages. You also authorize the Company to open the mail and scan the inside content of the mail on your behalf upon your request submitted either through the web/phone application or over email. The Company reserves the right to refuse to scan any mail content that is unreasonably excessive. “Unreasonably excessive” as used herein means that the amount of scanned mail content greatly exceeds the average level of mail pages of members of the Service generally. Mail types that will not be scanned shall include but not limited to (i) magazines; (ii) books; (iii) brochures; (iv) catalogs; and (v) voting ballots.
- Mail Storage Period. You understand that the Company will only store your physical mail in the Center for up to 60 days from the date of receipt of the mail unless otherwise indicated or specified in your Service you signed up for. It is your responsibility to re-mail your mail before the mail reaches past the storage period. You agree and authorize the Company to trash and shred at its sole discretion any mail that has passed the storage period.
- Cash, Currency, Gift Cards, and Prepaid Debit Cards ("Currency"). You agree that the Company is not responsible for Currency delivered to the Center. You acknowledge and understand that you and your senders send Currency through the mail at your and their own risk, and that you solely assume that risk. In the event that you request us to obtain any security or redeem code off a gift card, you agree to not hold us liable should you find any discrepancies in your card balance.
Acceptance for Service of Process
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:
- You are obligated to disclose your actual home address or place of residence on a USPS Form 1583 or other form as may later be developed and you further agree that you will provide prompt written notice to this CMRA of any subsequent change in my home address or place of residence.
- By signing up for the Service, you irrevocably authorize us to act as your agent for service of process to receive any legal documents that may be served to you. This authorization shall continue from the date of this agreement until two years after your mail receiving service has been terminated. You understand that this CMRA will (A) place a copy of the documents or a notice that the documents were received into your mailbox or other place where you usually receive my mail, unless your mail receiving service has been terminated, and (B) send all documents by first-class mail to the home or other address last known to the CMRA.
- You further acknowledge that you understand that use of a private mailbox receiving service for commercial purposes in the State of California requires you to comply with all applicable laws, including Section 17538.5 of the Business and Professions Code and laws prohibiting unfair competition and false advertising as set forth in Sections 17200 and 17500 of the Business and Professions Code. Violation of these laws may result in criminal or civil penalties or both. You understand that the United States Postal Service Form 1583 that must be prepared for each private mailbox receiving service customer shall be delivered to the local United States Post Office and a copy of the form must be retained by this CMRA and made available upon demand to the Department of Consumer Affairs or any law enforcement agency conducting an investigation.
Check Deposit Service
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.
- REPRESENTATIONS. You represent and warrant with respect to all CDS requests that (1) you are a signer or account owner of the bank account to make deposits to, and (2) each Check submitted for deposit is in all other respects properly authorized. Client agrees to indemnify the Company for any losses, liabilities, costs or expenses suffered or incurred as a result of the breach of these representations and warranties.
- IDENTIFYING NUMBERS. You understand that the Company may rely solely on identifying numbers provided by you to determine the bank and account even if the numbers identify a bank or account holder different from the one identified by you by name. You will indemnify the Company for any losses, liabilities, costs or expenses suffered or incurred as a result of an incorrect account of other identification.
- REGULATORY COMPLIANCE. You bear the final responsibility to insure that your policies and procedures meet the requirements of the Rules and Regulations. You are encouraged to consult counsel regarding compliance with authorization and payment procedures whenever there is any doubt about compliance.
- NOTICE OF ERRONEOUS UNAUTHORIZED TRANSFERS. You agree to promptly and regularly review all entries and other communication received from the Company and to immediately notify us if there are any discrepancies between your records and those provided by the Company, the ODFI or your bank, or with respect to any transfer not authorized by you. If you fail to notify the Company within 7 days of the date the Company sent the confirmation of deposit email or other report of activity to you, then you will be responsible for all losses or other costs associated with any erroneous or unauthorized transfer.
- ACCEPTING TRANSACTIONS. The Company will only be responsible for processing CDS requests that have been sent to us in proper format and on a timely basis. The Company will advise you of any applicable cut-off time. You do not have the right to cancel or amend any entry after your request has been processed and submitted for deposit.
- ORIGINATING TRANSACTIONS. The Company will use the information provided by you to process the deposit request and send it to the NETWORK. You acknowledge understanding that we may reject Checks for any reason permitted or required in the Rules or Regulations. You also understand that a Check may be rejected if the Check would cause the Company to violate any Federal Reserve or other regulatory risk control program or any other law or regulation. At your request the Company will make reasonable efforts to reverse, modify, or delete an entry, but will have no responsibility for the failure to comply with that request. All requests must be made in writing and emailed or faxed to us, or delivered to the Company.
- LIMITS OF LIABILITY. The Company will be responsible for the performance of the Company as a Third Party Processor in accordance with the terms of this TOS and the Rules and Regulations. The Company will not accept responsibility for errors, acts, or failure to act by others, including but not limited to, banks, communication common carriers, or the clearing houses through which Checks may be passed and or originated. The Company will not be responsible for any loss, liability or delay caused by fires, earthquakes, war, civil disturbances, power surges or failures, acts of governments, labor disputes, failures in communication networks, legal constraints or other events beyond the control of the Company. In the event that the error originates from the Company for the the loss of the Check that is within the defined storage length for your account or error in processing the CDS request that is submitted in proper format, the Company will pay for the cost to replace the check or $25, whichever is smaller. The payment will be credited directly to your account balance with us.
Payment and Automatic Recharge
- You agree to pay all fees and charges for the Service you signed up for and any part thereof. All fees are paid in advance. There are no prorations or refunds for cancellation of any service. The Company uses various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider.
- Payment Method. The Company will charge the subscription fee and any other additional fees you authorize to the debit or credit card account provided by you. By authorizing the Company to charge a credit card for the fees associated with your subscription, you are authorizing the Company to automatically continue charging that card for all fees or charges associated with your subscription fees, including any renewal fees and usage fees.
- Automatic Recharge. The Automatic Recharge service is an account setting that applies only to how additional usage fees are charged to your account. The Automatic Recharge setting is a courtesy to our customers who might require higher incremental Usage Charges for high volume activity. When your Account Balance falls below $0, you authorize the Company to automatically charge your debit or credit card on file for the amount set in your account settings. This setting can be changed in your account settings. “Account Balance” as used herein means the amount of available money or credit in your account.
- Changes in Price. The Company may, upon notice required by applicable law, at any time change the Service price or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
Termination or Cancellation of Service
You agree that the Company may terminate or cancel this TOS for good cause at any time. The Company shall make any such termination or suspension in its sole discretion, without any refund to you of any prepaid fees or amounts. The Company will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service. Good cause shall include but is not limited to:
- You abandon the Mailbox.
- You use the Mailbox for unlawful, illegitimate, or fraudulent purposes.
- You fail to pay monies owed to the Company when due.
- You receive an unreasonable volume of mail or packages. “Unreasonable volume of mail or packages” as used herein means your usage within a given day or month greatly exceeds the average level of monthly or daily usage of members of the Service generally.
- A request and/or order from law enforcement, a judicial body, or other government agency.
- You violate any provision of this agreement.
- Your account remains in Suspension for more than 30 consecutive days.
- Your behavior towards our employees is offensive, violent, disruptive, abusive, or threatening.
- Discontinuance or material modification to the Service or any part thereof.
- Unexpected technical or security issues or problems.
- You fail to provide or the Company is unable to validate correct and accurate contact and personal information that we require of all customers.
- You provide and use a payment mechanism that is likely being used or will be used in a fraudulent manner.
Upon expiration, cancellation, or termination of this TOS, the Company will:
- Close and restrict access to your online account at the end of your current billing cycle. You will no longer be able to login.
- Cancel all pending requests and orders associated with your account.
- Re-mail (i.e., forward) your mail to you until your Account Balance falls below $0. It is your responsibility to make arrangements with us to identify any mail forwarding needs PRIOR to the expiration, cancellation, or termination of this TOS.
- Retain your mail, other than Unsolicited Mail, at the Center for a period of thirty (30) days, if you leave no forwarding fees and forwarding address. After such time any mail or package may be discarded or destroyed.
- Discard, destroy, or return to sender any mail (e.g., bulk mail: mail addressed as “occupant,” “current resident” or similar designation; or coupons, advertising, or other promotional material) delivered to or remaining at the Center.
- Return any new or future incoming mail back to sender. Returned mail will show as “Attempted – Not Known”.
- Refuse any package addressed to you delivered by any party other than the United States Postal Service, such as a commercial courier service.
- Refund any remaining credits, if any, in your account balance back to the original payment card on file with us provided that the most recent credit was added within 60 days before the date your account is closed. Remaining credits resulting from a check payment will not be refunded.
You agree to release us from compliance with any obligation to re-mail any mail or package received after your account has been terminated. You further agree that the foregoing is intended to be a written instruction from you to us that your mail need not be re-mailed except as expressly stated in this TOS.
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.
Limitation of Liability
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.