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THE TERMS AND CONDITIONS CONTAINED HEREIN CONSTITUTE A LEGAL AGREEMENT.
YOU WILL BE PERMITTED TO OBTAIN SERVICES FROM PMI ONCE YOU AGREE TO THE TERMS OF PMI’S SERVICE AGREEMENT BY CLICKING THE “YES, I ACCEPT” BUTTON BELOW. PLEASE READ PMI’S SERVICE AGREEMENT CAREFULLY BEFORE YOU CLICK THE “YES, I ACCEPT” BUTTON. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF PMI’S SERVICE AGREEMENT, CLICK ON THE “NO, I DO NOT ACCEPT” BUTTON BELOW AND YOU WILL NOT ENTER INTO A SERVICE AGREEMENT WITH PMI.
This SERVICE AGREEMENT (“Agreement”), is made and entered into effective as the Effective Date, to confirm the terms and conditions under which PERSONAL MAIL INTERNATIONAL, INC., a New Jersey corporation with an office at 5 Cold Hill Road South, Suite 28, Mendham, NJ 07945-0311 (the "Company"), will be providing mail and package forwarding and other services to Client (as defined below).
Client acknowledges and agrees as follows:
“Account” shall mean Client’s account with Company for obtaining Services from Company pursuant to and in accordance with the terms and conditions of this Service Agreement.
“Authorized User” shall mean a member of your immediate family (i) who is living with you, and (ii) who has been authorized by you to use your Account through your User Name and Password.
“Effective Date” shall have the meaning set forth in Section 6 of this Agreement.
“Client” shall mean the person who enters into and accepts this Agreement.
“Password” means the unique password that Client selects during the registration process as his or her password for accessing his or her Account.
“Services” mean the mail forwarding, package forwarding, and other services provided by Company under or in connection with this Agreement.
“User Name” means the unique name that Client selects during the registration process as his or her user name for accessing his or her Account.
“Website” shall mean the Company’s Internet web site (www.pmipmi.com).
2. Account and Account Access.
a. Registration and Requirements for Access to Account. By completing the registration process as a Client, you are permitted to establish one (1) Account that you or your Authorized Users may use to obtain Services from the Company through the Website or by telephone or any other means or method of communications, in all cases subject to and in accordance with the terms of this Agreement. Any use of the Company’s Services or other use of your Account by your Authorized Users shall be subject to, and shall be in accordance with, the terms and conditions of this Agreement. You are responsible for any use of your Account by your Authorized Users. You are responsible for providing your own Internet connection to access your Account through the Website and for any and all hardware, software, telecommunications services and other costs you may incur to obtain Services under your Account through the Website, by telephone, or through any other means or method of communication. You agree to provide accurate and complete information when you register with, and as you use, the Services through your Account ("Account Data"), and you agree to update your Account Data to keep it accurate and complete. You agree that the Company may store and use the Account Data you provide for use in maintaining and billing fees to your Account.
b. Responsibility for Use of Account; Password. You shall not share your User Name or Password or other information regarding your Account with anyone or allow anyone else to access your Account or obtain Services through your Account other than an Authorized User. You agree that you will maintain the confidentiality of the password (“Password”) that you selected during the registration process and that you will not share your Password with anyone other than an Authorized User. You are responsible for all Services ordered, fees and charges incurred, and all other activities conducted through your Account, regardless of who conducts those activities. You must immediately alert the Company of any fraudulent, unauthorized, illegal or suspicious use of your Account or any other breach of security or unauthorized or illegal activity that is reasonably suspected by you.
3. Payment for Services and Other Charges. The Company’s fees and charges for its Services are set forth in a separate schedule which is available to you on the Website and which is hereby incorporated into this Agreement by reference. You shall pay all fees and charges due from you to the Company in accordance with the payment option selected by you during the registration process. No refunds will be provided and the Company will not prorate any fees or charges due to any termination or cancellation of Service. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT COMPANY IS NOT A CUSTOM’S AGENT OR BROKER. CLIENT IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CLIENT 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 CLIENT. If you default in your payment obligations to the Company, the Company may, at its option and in its sole discretion, (a) suspend the forwarding of mail and packages and otherwise withhold Services until you bring your Account current, or (b) terminate your Account.
4. Appointment of Company as Agent; Agreement Governs All Services. Subject to and in accordance with the terms of this Agreement, Client hereby authorizes and appoints Company as Client’s agent to (i) receive, handle, store, and forward mail and packages for Client, and (ii) perform such other tasks and Services as Client may request from Company. Client shall complete United States Postal Service (“USPS”) Form 1583 and comply with any other USPS or other legal requirements necessary to authorize Company to serve as Client’s agent under this Agreement. Client acknowledges and agrees that merchandise packages being shipped overseas require a Customs declaration of contents and value. Client understands that Company must open packages to ascertain contents and the value of dutiable items to complete Customs forms. Client understands that Company will notify Client when a package arrives, describe the contents, and provide transport options and costs for each option prior to sending the package to Client; provided, however, if Client has left a standing order with Company for the handling of packages, Company will handle packages in accordance with Client’s instructions. Client acknowledges and agrees that the terms of this Agreement shall apply to any and all Services that Company performs for Client. Company shall provide Client with mail service as specified by Client at the commencement of this Agreement until Client changes such mail service in accordance with this Agreement.
5. Amendment or Modification of this Agreement. The Company may modify or amend this Agreement at any time. The Company may notify Client of any such amendment or modification (a) by posting a notice on the Website, (b) through a “popup” screen that alerts Client to the modification or amendment when Client accesses Client’s Account, or (c) through a notice sent to Client via e-mail. The Company shall provide Client with ten (10) days’ notice of any increase in the fees or charges applicable to the Services provided under this Agreement. Any other modification or amendment shall be effective immediately and incorporated into this Agreement when notice is given. By continuing to order and receive Services after receiving notice of a modification or amendment to this Agreement as provided in this Section, Client agrees to be bound by the terms of any such modification or amendment.
6. Term and Termination.
a. Effective Date. This Agreement shall commence on the date that you click on the “Yes, I Accept” button below (the “Effective Date”) and shall remain in effect until terminated pursuant to and in accordance with this Section.
b. Termination by Client. Client may terminate this Agreement at any time for any reason, with or without cause, upon ninety (90) days written notice to the Company.
c. Termination by Company. Company may terminate this Agreement at any time for any reason, with or without cause, upon sixty (60) days written notice to Client. In addition, Company shall have the right to immediately terminate this Agreement if you (i) fail to pay the fees and charges payable under this Agreement when due, (ii) use or attempt to use your Account or the Services in a fraudulent or illegal manner, or (iii) otherwise breach this Agreement.
d. Effect of Termination.
i. If Company terminates this Agreement for cause because of non-payment of the Company’s fees or charges, the Company will suspend the forwarding of mail and packages and all other Services for a period of fifteen (15) days to enable Client to cure its payment default. If Client doe not cure its payment default during such fifteen (15) day period, Company shall have the right refuse delivery of all packages, return all first class mail to sender, and to destroy or discard any mail or packages being held on behalf of Client.
ii. If Company terminates this Agreement for cause because of any default other than the non-payment of the Company’s fees or charges, the Company shall have the right to suspend the forwarding of mail and packages or any other Service that was the basis of such default. Company shall continue to provide such other Services for a period of thirty (30) days following termination. At the end of such thirty (30) day period, Company shall have the right refuse delivery of all packages, return all first class mail to sender, and to destroy or discard any mail or packages being held on behalf of Client.
iii. If Company terminates this Agreement without cause, Company shall continue to provide Services to the date that is sixty (60) days from the date of Company’s notice of termination provided that Client remains current in its payment obligations under this Agreement. At the end of such sixty (60) day period, Company shall have the right refuse delivery of all packages, return all first class mail to sender, and to destroy or discard any mail or packages being held on behalf of Client.
iv. If Client terminates this Agreement, Company shall continue to provide Services that Company was providing to Client prior to termination to the date that is sixty (60) days from the date of Clients notice of termination. Client understands and acknowledges that Client will forfeit any and all claim and rights to letters and packages remaining in your mailbox. However, as a courtesy to you, Company will provide an additional 30 days of modified service according to the fee schedule if you pay postage and forwarding fees in advance. Any items received or remaining in the Clients mailbox 90 days from notice of termination will be subject to be discarded, destroyed, or otherwise disposed of by Company. Company does not have any obligation to forward or re-mail mail or packages to Client except as specifically stated in this Agreement. The foregoing is intended to be a written instruction from the Client to the Company that Client’s mail and packages need not be re-mailed to Client after the 90 day termination process has ended and payment for services rendered has ceased. The Client acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of the Agreement. Upon termination, Client agrees to notify all persons of the Change of Address (COA) or arrange with Company to perform Change of Address notifications on behalf of Client in accordance with the service fee schedule.
v. Any termination of this Agreement shall (a) be without prejudice to any right, which shall have accrued to either party prior to such expiration or termination, and (b) shall not affect any provision of this Agreement which is intended or designed to be performed after any expiration or termination of this Agreement, including, but not limited to, any indemnification obligations of Client arising under Section 13 of this Agreement. In addition, Client shall be required to remain current in its payment obligations under this Agreement during any period during which Services are continued pursuant to this Section.
7. Compliance with Applicable Law. You agree that you will not use (or allow to be used) your Account or the Company’s Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity with USPS regulations or other applicable laws, statutes, rules and regulations. Client agrees that Client shall only use Client’s Account and the Company’s Services in accordance with all applicable federal, state and local laws.
8. Specific Representations and Warranties of Client. Client represents and warrants that it shall comply fully with all export and re-export laws and regulations of the United States, including the Export Administration Act of 1979, as amended, any successor legislation, and the Export Administration Regulations ("EAR") issued by the Department of Commerce, International Trade Administration, Bureau of Export Administration ("BAX") and the sanctions administered by the Office of Foreign Asset Control of the U.S. Treasury Department, and the export laws of other countries. In addition, Client specifically represents and warrants to Company that (i) 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, and (ii) it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control.
9. Confidentiality. Company shall use commercially reasonable efforts to maintain the confidentiality of any confidential information that Company receives from Client and which is identified by Client as being confidential; provided, however, Client acknowledges and agrees that Company shall have the right to cooperate with any and all local, state and federal investigative and law enforcement agencies and shall have the right to share any and all information about the Client and Client’s use of the Company’s Services with such agencies and their representatives, including, but not limited to, all USPS postal representatives and postal inspectors upon request. In addition, if the Company is requested to disclose any confidential information or materials that it has received from or about Client in or in connection with any administrative, legal, or other civil proceeding, Company, to the extent permitted by law, will give Client prompt notice of such request so that Client may seek an appropriate protective order. It is further agreed that, if in the absence of a protective order the Company is nonetheless compelled to disclose confidential information or materials that it received from Client, the Company may disclose such information without liability hereunder.
10. Proprietary Rights. You agree that the Services and the Website used to provide and implement the Services, including, but not limited to, software, graphics, user interface, and editorial content, contain proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that the Company and/or its licensors retain all proprietary rights in and to such proprietary rights and information. You agree that you will not use such proprietary information or materials in any way whatsoever except for your use of the Service in compliance with this Agreement. No portion of the Company’s proprietary information or material may be reproduced in any form or by any means, except as expressly permitted in this Agreement.
11. Limited Warranties; Disclaimer of Other Warranties. Company warrants that (a) it owns or otherwise has rights in and to the Website that enable Company to authorize Client to use the Website, and (b) it is authorized to provide Services to Client under this Agreement. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS AND IMPLIED, WHICH ARE HEREBY DISCLAIMED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NONINFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF A USE IN TRADE OR COURSE OF DEALING OR PERFORMANCE. COMPANY DOES NOT WARRANT (i) THAT ACCESS TO OR USE OF ALL OR ANY PART OF THE WEBSITE OR THE COMPANY’S SERVICES WILL BE CONTINUOUS, ERROR-FREE OR UNINTERRUPTED, (ii) THAT THE RESULTS ARISING OUT OF YOUR USE OF THE WEBSITE OR THE COMPANY’S SERVICES WILL BE ACCURATE, COMPLETE OR ERROR-FREE, OR (iii) THAT THE WEBSITE OR THE COMPANY’S SERVICES WILL MEET YOUR NEEDS.
12. Limitation of Liability. CLIENT ACKNOWLEDGES AND AGREES THAT COMPANY IS NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO, OR LOSS OF, OR DELAY IN DELIVERY OF, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING, OR AFTER MAILING OR SHIPMENT TO THE CLIENT. Company does not insure, and does not have any obligation to insure, any package sent to Client for any amount in excess of the insurance provided by such carriers, if any, as part of their standard shipping rates. If Client would like insurance or additional insurance for a package with the shipping company, Client must request and pay for such insurance in advance. The insured value of a shipment cannot exceed the declared value of such shipment. If Client (a) requests and pays in advance for such additional insurance with a shipping company, and (b) provides Company with such documentation regarding the value of such shipment as Company may require, Company will purchase such insurance for Client but will not be responsible for processing claims, unpaid claims, or any other issues related to such insurance. COMPANY’S LIABILITY TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY, SHALL AT ALL TIMES AND IN THE AGGREGATE BE LIMITED TO LESSER OF (A) $250, OR (B) THE AMOUNTS ACTUALLY RECEIVED BY COMPANY FROM CLIENT AS PAYMENT FOR SERVICES UNDER THIS AGREEMENT IN THE LAST MONTH IN WHICH CLIENT MADE A PAYMENT TO COMPANY PRIOR TO THE MONTH IN WHICH SUCH CLAIM WAS MADE. COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH ANY BREACH OR ALLEGED BREACH BY COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM AN INTERRUPTION OF LICENSEE’S BUSINESS, AND EVEN IF COMPANY HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Client acknowledges and agrees that the fees and charges received by Company in connection with this Agreement reflect an allocation of risk between the parties, including, but not limited to, the limitation of liability and exclusion of remedies described in this Agreement. A modification of the allocation of risks set forth in this Agreement would affect the fees charged by Company, and in consideration of such fees, Client agrees to such allocation of risk.
13. Indemnification. BY ENTERING INTO THIS AGREEMENT AND USING SERVICES, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS, MATTERS, OR PROCEEDINGS, AND THE COSTS AND EXPENSES INCURRED IN CONNECTION WITH SUCH CLAIMS, MATTERS, OR PROCEEDINGS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND EXPENSES, ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
a. No Construction Against Drafter. If an ambiguity or question of intent arises with respect to any provision of this Agreement, the Agreement will be construed as if drafted jointly by the parties and no presumption or burden of proof will arise favoring or disfavoring either party by virtue of authorship of any of the provisions of this Agreement.
b. Notices. All notices, demands and other communications hereunder shall be in writing or by written telecommunication, and shall be deemed to have been duly given if delivered personally, or if sent by an overnight courier that provides a delivery receipt, or sent by written telecommunication with confirmation of delivery, to (i) Company at the address set forth at the beginning of this Agreement, Attention: President, or (ii) to Client at the address for Client provided by Client to Company. Any such notice shall be effective (A) if delivered personally, when received, (B) if sent by an overnight courier that provides a delivery receipt, when sender has confirmation from such overnight courier that such notice has been delivered to the recipient thereof, and (C) if sent by facsimile, when dispatched provided that delivery is confirmed. In addition, Company may send or otherwise provide written notice to Client via a mail packet forwarded to Client, via e-mail, via “popup” screens on the Website or through other electronic means or methods as provided in this Agreement. A party may change its address for notices under this Agreement through written notice to the other party.
c. Entire Agreement. This Agreement and any Exhibits or Schedules referenced herein contains the entire understanding of the parties, supersedes all prior agreements and understandings relating to the subject matter hereof, and shall not be amended except by a written instrument hereafter signed by all of the parties hereto or thereto.
d. Governing Law. This Agreement and all transactions occurring hereunder shall be deemed to be made in and governed by, and shall be construed in accordance with, the laws of the State of New Jersey without regard to its conflicts of laws principles. The Uniform Computer Information Transactions Act does not apply to this Agreement. Each of the parties irrevocably submits to the jurisdiction of the State and Federal courts of New Jersey for the purpose of any action or proceeding arising out of or relating to this Agreement, and each of the parties irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in any New Jersey State Court sitting in Morris County, New Jersey or the United States District Court for the District of New Jersey sitting in Newark, New Jersey.
e. Section Headings. The headings of Sections are for convenience of reference only and shall not limit or control the meaning thereof.
f. Severability; Waiver. In the event that any covenant, condition, or other provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed to be severable from the remainder of this Agreement and shall in no way affect, impair, or invalidate any other covenant, condition, or other provision contained herein. The parties agree to replace any such invalid, void, or illegal provision with a valid provision that most closely approximates the intent of the invalid, void, or illegal provision. No waiver of any breach of any provision of this Agreement shall be valid unless such waiver is in writing, and the waiver by a party of one breach shall not constitute or operate as a waiver or any other or subsequent breaches.
g. Assignment. Client shall not be permitted to transfer or assign this Agreement or any of its rights under or in connection with this Agreement. Company shall be permitted to assign this Agreement and its rights and obligations under or in connection with this Agreement at any time. Company shall provide Client with written notice of any such assignment and, upon Client’s receipt of such written notice, Company’s obligations under or in connection with this Agreement shall be terminated.
h. Force Majeure. With the exception of a party’s payment obligations, either party shall be excused from performance and shall not be liable for any delay in whole or in part, caused by the occurrence of any contingency beyond the reasonable control either of the excused party or its subcontractors or suppliers including, but not limited to, war, sabotage, insurrection, riot or other act of civil disobedience, act of public enemy, failure or delay in transportation, act of any government or any agency or subdivision thereof affecting the terms hereof, including, but not limited to, any change of schedule due to holidays, accident, fire, explosion, flood, severe weather or other act of God, or shortage of labor or fuel or raw material.
By clicking the “Yes, I Accept” button below, you (i) acknowledge that you have read, understand, and agree to be bound by the terms set forth above, and (ii) will be permitted to order and receive Services from Company subject to and in accordance with the terms set forth above.
By clicking the “No, I Do Not Accept” button below, you (i) will be rejecting the terms set forth above, and (ii) will not be permitted to obtain Services from Company.
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