Last Revision: September 22, 2016
These Terms & Conditions govern the use of the services offered by Gobu LLC, a California limited liability company with principal offices located at 5870 Melrose Avenue #3430 in Los Angeles, CA 90038 (the “Company”) that provides online mail management services to commercial users (“Operator”) and Operator’s customers that are registered users for the service (“Renter”). Unless expressly specified otherwise, Operators and Renters are individually or collectively called the “User,” “you” or “your” in this Agreement. Company’s services and the website together are referred to as the “Services” in this Agreement.
THESE TERMS & CONDITIONS INCLUDE (1) YOUR AGREEMENT THAT THE SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTY; (2) YOUR AGREEMENT THAT THE COMPANY HAS NO LIABILITY REGARDING THE SERVICES, (3) YOUR CONSENT TO RELEASE THE COMPANY FROM LIABILITY BASED ON CLAIMS ARISING UNDER THIS AGREEMENT OR THE USE OF THE SERVICES, AND (4) YOUR AGREEMENT TO INDEMNIFY THE COMPANY FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICES.
1. Services Description. Company’s Services is a software platform that enables Users to view and manage their mail online, whereby the Operator scans incoming mail and Company provides account access to the Renter for viewing of the incoming mail for informational purposes. For clarification, Company does not take part in the handling of the mail whatsoever. Company has no control over the delivery and distribution of the mail, its assignment to mailboxes, or the scanning for purposes of the Service. You acknowledge that in cases that mail is not properly assigned, scanned, or otherwise handled, Company is not liable whatsoever to you, the recipient or any third party.
You must immediately notify Company of any fraudulent, unauthorized, illegal or suspicious use of the Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect. In the event that postal mail content belonging to a renter outside of your account appears in your account by means other than a transfer from the addressed user (hereafter “Unauthorized Mail”), you agree not to request any action with respect to such mail, other than to alert Company at info (at) anytimemailbox.com that you have received Unauthorized Mail. You further agree not to view, read, copy, print, or otherwise distribute, disseminate, disclose, or use for any purpose any content or other information on or within a piece of Unauthorized Mail. You agree that violation of this Agreement may expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your account.
2. Termination and Suspension. You agree that Company may at its sole discretion cancel the Services and terminate this Agreement at any time for any or no reason, and termination will be effective immediately upon delivery of such notice. Without limitation, Company may terminate or suspend your right to use the Services for the following reasons (as applicable):
If Company terminates or suspends your right to use the Services for any of these reasons above, you, as an Operator, will not be entitled to any credit or refund of unused balance in your account. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation civil, criminal, and injunctive redress.
An Operator may terminate this Agreement at any time by providing Company with a written five (5) day notice. Except in cases of your failure to pay, your notice to terminate your account will not be final until you have, to Company’s satisfaction, confirmed your identity and authorization to terminate the account. Once Company notifies you of termination or approves your notice of termination, your account will go into “Closed” status. You will no longer incur periodic charges once your account is closed.
A Renter may terminate this Agreement by giving due notice to the Operator under the terms in place between the Operator and the Renter. The Company will put a Renter account into “Closed” status as soon as the Operator removes the mailbox from the Renter. Immediately upon putting an account into Closed” status, you will no longer be able access the Services and the Company will cancel all pending Services. Sixty (60) days after your account has been closed, Company will delete any and all data associated with your account.
3. Billing. As to Operators, Company will charge the credit card on your account for monthly fees for all Services provided to the Operator during the previous month, and you hereby authorize Company to charge your credit card for such amounts. Unless noted, fees are in U.S. dollars. You will be liable for all taxes on the Services provided under this Agreement (other than taxes based on Company's income). To the extent permitted by law, fees are nonrefundable, but Company may grant a refund in extenuating circumstances (for example, to correct any errors made by Company), in its sole discretion. Fees for partial months shall be prorated based on the calendar month. All amounts are due five (5) calendar days from the end of the previous month. Past due amounts shall accrue interest at a rate of One and a Half Percent (1.5%) per month or the highest rate allowed by law, whichever is lower, beginning from the date first due until paid in full. You shall pay all collections costs incurred by Company, including without limitation reasonable attorney’s fees. All payments will be applied first to any past due amounts, including, but not limited to, late fees, collection costs and attorney’s fees; second, to any Services billed in arrears or advance; and finally, to any other fees or Services that have been incurred during the billing cycle.
Renters do not incur any charges from the Company for using these Services but may be subject to separate charges from the Operator for using these Services. The Company has no control over the imposition or collection of any such charges and any disputes regarding such charges are strictly a matter between the Operator and the Renter.
4. Compliance with Laws. You acknowledge and agree that Company cooperates with the USPS Postal Inspection Service and will share any and all information about you and your use of the Services upon its reasonable request. With respect to third parties, Company will provide information about you only as required by valid legal process. Company may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Agreement, or as otherwise required by law.
5. Service of Process. Where provided by law, a process server may attempt to serve you by mail, or to serve Company as your “mail agent” on your behalf. Company assumes no liability whatsoever, should you be deemed to have accepted service of process as a result of use of the Services, and you agree to release us and hold Company harmless from any and all claims arising out of such attempted service.
6. Fraud. You agree and represent not to use the Services for any illegal purpose, and to fully comply with U.S. laws and regulations, including but not limited to USPS all regulations, in your use of the Services. If Company reasonably suspects that your contact information or payment method is fraudulent, or that you are attempting to use the Services for any unlawful, fraudulent, or illegal activities, Company may immediately suspend your account and/or terminate this Agreement and Services without refund. Company may also turn over all information concerning you to the USPS Office of the Postal Inspector, the U.S. Federal Bureau of Investigation, the applicable State Attorney General or Embassy with jurisdiction, or other local and national law enforcement authorities. You agree to indemnify Company and hold Company harmless from any and all liability, claims, damages, losses or cause of action arising from such inspection of your mail or from the release of information regarding you or your use of the Services to such authorities, or otherwise as required by law.
7. Third Party Sites. Company may periodically provide information to you, via the Site, your online mail viewer, or through emails directed to you, concerning products and services provided by third parties. Company makes this information available to you as a matter of convenience only, and in doing so does not endorse any of the products, services or sites being linked or mentioned, and does not assume any responsibility for the goods or services or the terms under which they are sold. Company shall have no liability, obligation or responsibility for any correspondence, purchase or promotion between you and any third party with respect to such goods and services, and you agree to indemnify and hold Company harmless in the event of any claim, loss or damage arising out of your communications or transactions with third parties identified on the Company website.
8. Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that you see or read through the Services is owned by Company. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without Company's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Company. The service marks and trademarks of Company, including without limitation Company and the Company logos are service marks owned by Company. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
9. Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement upon request. The term “Confidential Information” shall mean any and all of Company's trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
10. Account, Password, Security: You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of your account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.
11. Representations and Warranties. You represent and warrant that (1) you have the legal power and authority to enter into this Agreement; (2) you have not falsely identified yourself nor provided any false information to gain access to the Services; (3) your contact and billing information is correct; (4) you are not accessing and have not accessed the Services to commit illegal acts or violate any provisions of this Agreement; (5) you are in full compliance with an applicable rules and regulations, including those promulgated by USPS; (6) you have completed and submitted the USPS form 1583, as applicable; and (7) if you are an Operator, you are an approved Commercial Mail Receiving Agency (CMRA).
You represent and warrant that you are the authorized user and (if applicable) signatory to the payment mechanism used to open and maintain your account, and agree that you are responsible for any use, activity, and charges incurred by you and any other users under your account. You acknowledge that your breach of these representations and warranties shall entitle Company to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and attorneys' fees and costs, at Company’s sole discretion.
12. DISCLAIMER OF WARRANTY. The use of the Services is entirely at your own risk.
COMPANY MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS OR THAT THE SERVICES OR ACCESS THERETO ARE PROVIDED SECURELY OR WITHOUT ERRORS OR INTERRUPTIONS. THE SERVICES ARE PROVIDED ON AN “AS AVAILABLE” BASIS AND THE COMPANY MAKES NO WARRANTIES THAT THE SERVICES WILL BE TIMELY, ACCURATE, AVAILABLE AT ALL TIMES, OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS RESULTING FROM THE USE OF THE SERVICES.
COMPANY DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OF THE SERVICES, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICES. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
COMPANY DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
COMPANY CANNOT AND DOES NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY PHYSICAL P.O. BOX OPERATING COMPANY AND THEIR ACCREDITATION, REGISTRATION OR LICENSE.
LIMITATION OF LIABILITY. You acknowledge and agree that Company is only willing to provide the Services if you agree to certain limitations of Company’s liability to you and third parties.
NEITHER COMPANY NOR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, OWNERS OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY'S USE OF OR INABILITY TO USE THE SERVICES (INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER, ANY DESTRUCTION OF YOUR INFORMATION) WHETHER ARISING IN AN ACTION FOR BREACH OF CONTRACT, TORT, OR ANY OTHER CAUSE OR THEORY OF LIABILITY. COMPANY SHALL NOT BE LIABLE TO YOU OR ANYONE THIRD PARTY FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF COMPANY’S LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES, OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. BEYOND THAT, COMPANY SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE, OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.
13. Indemnity. You agree to protect, defend, indemnify and hold harmless the Company, its owners, affiliates, subsidiaries, parents, shareholders, officers, directors, agents, employees, independent contractors, assigns and representatives from and against any and all claims, losses, liabilities, causes of action, judgments, penalties, costs, damages and expenses (including attorneys' fees, litigation costs and expenses) (collectively, “Claim”) incurred by the Company including, without limitation, any Claim arising from or related to: (a) this Agreement; (b) the Services; (c) your use of, or inability to use, the Services including but not limited to any copyright or privacy breach claims arising in connection with the Services; (d) the failure of any third party, USPS or any commercial delivery service to provide delivery services accurately and on time; (e) loss, damage or destruction of your mail by any cause whatsoever whether or not attributable to Company's negligence or intentional act; (f) any violation by you of any law or government regulation; and (g) the consequences of attempts by third parties to serve you with legal process through the Services. Company is not responsible for mail for which there is no record of receipt by us.
14. Governing Law; Service of Process. This Agreement is governed by the laws of the State of California, without regard to its choice of law rules. Any dispute or claim arising under this Agreement shall be resolved exclusively in the state or federal courts in California, with venue in Los Angeles, California. You hereby agree, and waive any objection to, service of process on you by means of mail or email sent to your account. In the event of any dispute arising under this Agreement, including but not limited to a suit to collect amounts due for Services provided to you by Company, the prevailing party shall be entitled to recover attorneys' fees and costs.
15. Notice. By using the Services, you consent to receiving electronic communications from Company for any communications required or permitted under this Agreement. These communications include notices about your account and information concerning the Services. You agree that any notice, agreements, disclosure or other communications that Company sends to you electronically will satisfy any legal requirements for written communication.
16. Non-Waiver. If any party to this Agreement fails to enforce any provision hereof, or fails to exercise any right at any time, such failure shall not constitute a waiver of that or any other provision or right.
17. Assignment. You may not assign this Agreement without Company’s prior written approval. Company may assign this Agreement without your consent. This Agreement will inure to the benefit of Company, its successors and assigns.
19. Entire Agreement. This Agreement contains the entire agreement relative to the Services and supersedes all prior or contemporaneous oral or written understandings and agreements concerning the subject matter of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect.
20. Severability. If any provision of this Agreement is deemed invalid, void, or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.