Terms & ConditionsThis MAILBOX Service Agreement ("Agreement") is made and entered into by the customer identified above ("CUSTOMER") for the use of and services related to a mailbox (the "MAILBOX") at Mail, Gifts & Wine doing business as Mail, Gifts & Wine, hereinafter referred to as (“Mail, Gifts & Wine”) under the terms set forth herein and governed by the laws of the State of California.
1. CUSTOMER agrees that CUSTOMER will not use Mail, Gifts & Wine premises or any Mail, Gifts & Wine services for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. CUSTOMER further agrees 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 U.S. 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 the Form.
2. This AGREEMENT and Form 1583 shall remain confidential, except that this AGREEMENT and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, CUSTOMER agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT and Form 1583 upon request.
3. Possession of the MAILBOX username and password shall be considered valid evidence that the possessor is duly authorized to remove any contents from the MAILBOX. In the event of death or incapacity of the CUSTOMER, Mail, Gifts & Wine will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail or packages to a requesting party.
4. Upon expiration, cancellation or termination of this AGREEMENT, Mail, Gifts & Wine will:
a. Re-mail (i.e., forward) CUSTOMER's mail for six (6) months, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a monthly storage fee of $10.00 for month 1, and to be determined for months 2 through 6 in advance for the time period that mail is to be forwarded. It is the CUSTOMER's responsibility to make arrangements with Mail, Gifts & Wine to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
b. Store the mail or packages for up to six (6) months provided CUSTOMER pays a storage fee of $20.00 per month for the time period in which Mail, Gifts & Wine holds the mail or package(s), plus a service fee of to be determined for each time CUSTOMER visits Mail, Gifts & Wine to pick up such items. It is the CUSTOMER's responsibility to make arrangements with Mail, Gifts & Wine to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.
c. Retain CUSTOMER's mail, other than Unsolicited Mail, at the Center for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.
d. Discard or destroy any "Unsolicited 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 Mail, Gifts & Wine.
e. Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
5. Upon cancellation or termination of this AGREEMENT, Mail, Gifts & Wine may:
a. Refuse any mail or package addressed to the CUSTOMER and delivered to Mail, Gifts & Wine.
b. Discard or destroy any of the CUSTOMER's mail or packages delivered to or remaining at Mail, Gifts & Wine at such time.
6. The term of this AGREEMENT shall be the initial period paid for by CUSTOMER and any renewal period paid for by CUSTOMER from time to time. Renewal of this AGREEMENT for additional terms shall be at Mail, Gifts & Wine’s sole discretion.
7. CUSTOMER agrees that the Center may terminate or cancel this AGREEMENT for good cause at any time by providing CUSTOMER thirty (30) days written notice. Good cause shall include, but is not limited to: 1) CUSTOMER abandons the MAILBOX; 2) CUSTOMER uses the MAILBOX for unlawful, illegitimate or fraudulent purposes; 3) CUSTOMER fails to pay monies owed when due; 4) CUSTOMER receives an unreasonable volume of mail or packages; 5) CUSTOMER engages in offensive, abusive or disruptive behavior toward other customers of Mail, Gifts & Wine or Mail, Gifts & Wine's employees; and 6) CUSTOMER violates any provision of this AGREEMENT. CUSTOMER acknowledges that, for the purpose of determining good cause for termination of this AGREEMENT as provided herein, the actions of any person authorized by CUSTOMER to use the MAILBOX will be attributed to CUSTOMER.
8. Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the CUSTOMER's MAILBOX or at the time personally delivered to CUSTOMER. In the event of a termination notice, based upon abandonment of the MAILBOX, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.
9. As CUSTOMER's authorized agent for receipt of mail, Mail, Gifts & Wine will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, Mail, Gifts & Wine shall only be obligated to accept mail, or packages delivered by commercial courier services which require a signature from Mail, Gifts & Wine as a condition of delivery. CUSTOMER must accept and sign for all mail and packages upon the request of Mail, Gifts & Wine. Packages not picked up within three days of notification will be subject to a storage fee of $5.00 per day per package, which must be paid before CUSTOMER receives the package. In the event CUSTOMER refuses to accept any mail or package, Mail, Gifts & Wine may return the mail or package to the sender and the CUSTOMER will be responsible for any postage or other fees associated with such return. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to Mail, Gifts & Wine.
10. CUSTOMER agrees to protect, indemnify, defend and hold harmless Mail, Gifts & Wine, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the MAILBOX, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the MAILBOX contents by any cause whatsoever, and from any violation by CUSTOMER of applicable federal, state or local laws.
11. CUSTOMER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF Mail, Gifts & Wine, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE OF THE CLAIM.
12. CUSTOMER must use the exact mailing address for the MAILBOX without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."
13. Delivery by commercial courier services must be made to Mail, Gifts & Wine street address only (and not to a P.O. Box). "P.O. Box" may be used only if it is part of CUSTOMER's "Caller Service" (arrangement for delivery of mail through Mail, Gifts & Wine using a U.S. Postal Service address) address format. Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph. This AGREEMENT may not be amended or modified, except in a writing signed by both parties.
14. Mail, Gifts & Wine reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.
15. By agreeing below I forfeit all right to bring a suit against Mail, Gifts & Wine for any reason. In return, I will receive the MAILBOX and related services. I will also make every effort to obey U.S. law and the laws of California , as listed in writing and as explained to me verbally. I will ask for clarification when needed.
16. The CUSTOMER shall indemnify and hold harmless the Company, its affiliates, and its respective officers, directors, agents and employees from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, the Mail, Gifts & Wine services under this AGREEMENT.
17. This AGREEMENT, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this AGREEMENT, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this AGREEMENT.
18. This AGREEMENT may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).
19. If any provision or provisions of this AGREEMENT shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this AGREEMENT shall remain in full force and effect for the duration of this AGREEMENT.
20. This AGREEMENT shall not be assigned by either party without the express consent of the other party.
21. A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
22. This AGREEMENT is be governed by and construed in accordance with the laws of California without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the “United States of America”, or the “Union”). Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against Mail, Gifts & Wine.
23. The laws of California shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
24. Any action instituted by either party arising out of this AGREEMENT will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in California. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF COURTS HAVING JURISDICTION IN THE State.
By checking the box, you accept this AGREEMENT on the date stated in the introductory clause.