PhysicalAddress.com Subscriber Agreement
1) ACCEPTANCE OF TERMS
By completing the sign up process you agree to the terms outlined in this agreement (“Subscriber Agreement”). PhysicalAddress.com, LLC (interchangeably referred to as “PhysicalAddress.com”, “we”, and “us”) operates PhysicalAddress.com (“the Website”), VirtualizedMail.com and related services (“the Services” or “The Services”). The Services are provided to you (“Customer”) under the terms and conditions of this Agreement and any future modifications to it that we make.
2) MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof.
3) COMPLIANCE WITH AGREEMENT
Customer agrees that Customer will not use the 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 Services shall be in compliance with all applicable federal, state, and local laws. Each Customer must complete a separate United States Postal Service (“USPS”) Form 1583 (“Form 1583”) to be authorized to receive mail or packages at a PhysicalAddress.com street location. Each Customer receiving mail at a California address must also read and acknowledge a receipt required by Section 17538.5 of the California Business and Professions Code.
4) USPS FORM 1583 AND CONFIDENTIALITY
This Agreement and Form 1583 shall remain confidential, except where this Agreement and Form 1583, including Customer’s name, address, and e-mail address, may be disclosed to a PhysicalAddress.com, LLC successor, solely for purposes of providing the Service, and 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 a new version of Form 1583 if USPS makes future modifications to the form.
5) CANCELLATION OR TERMINATION
Customer agrees that upon expiration, cancellation, or termination of this Agreement, Customer will not file a change of address order with the post office. Customer and PhysicalAddress.com further agree that upon expiration, cancellation, or termination of this Agreement, Customer authorizes PhysicalAddress.com to accept and destroy any “Unsolicited Mail” (e.g., mail addressed to “occupant,” “current resident,” or
similar; or advertising, or other promotional material) and any mail addressed to Customer that is delivered to PhysicalAddress.com by USPS for six (6) months; and may refuse any package addressed to Customer delivered by any party other than the USPS, such as a commercial carrier service. Customer will be allowed to use the Website to access current (only scanned envelopes) and archived mail for (6) months after termination of the Service free of charge. Customer may pay a forwarding fee to have specific mail forwarded to another location. Six (6) months after the termination of this Agreement, PhysicalAddress.com reserves the right to refuse any mail or package addressed to Customer and delivered to a PhyiscalAddress.com location and destroy any mail or packages remaining at a PhysicalAddress.com location.
The Initial Term will be established during your initial signup process or as otherwise mutually agreed upon in a separate agreement, commencing on the date the Services are paid. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at the fees in effect for the Services package you selected at the start of the Initial Term. If PhysicalAddress.com no longer provides the package that you initially selected we will automatically place you on a similar package. We reserve the right to terminate this Agreement at any time for any reason by providing the Customer with written notice.
7) SERVICE OF PROCESS AND WRITTEN NOTICE
Any written notice to Customer required or permitted under this Agreement shall be deemed delivered twenty-four (24) hours after placing in the hands of a commercial carrier service or USPS for next day delivery, or five (5) days after placement in the United States Mail by Certified Mail. In those states where PhysicalAddress.com is required by law to act as Customer’s agent for service of process, Customer hereby authorizes PhysicalAddress.com, LLC to act as Customer’s agent for service of process, and this authorization shall remain in effect for as long as this Agreement is in effect, or as long as required by state law, whichever is later. Customer hereby releases and agrees to protect, indemnify, defend, and hold harmless PhysicalAddress.com, LLC from any and all liability that may arise at any time in connection with PhysicalAddress.com representations as Customer’s agent for service of process.
8) CUSTOM MAIL RECEIVING AGENCY
As a Customer Mail Receiving Agency (“CMRA”), PhysicalAddress.com, LLC will accept all mail, including registered, insured, and certified items, if they follow USPS regulations and if Customer has authorized on Form 1583. In the event Customer refuses to accept any mail or package, PhysicalAddress.com may return the mail or package to the sender and Customer will be responsible for any postage or other fees associated with such return. Cash on Delivery (or C.O.D.) items will be accepted only if Customer has selected the C.O.D service.
9) COMPLIANCE WITH LAWS
PhysicalAddress.com will cooperate with USPS Postal Inspection Service and will share any and all information about you and your use of the Services upon its reasonable request. PhysicalAddress.com will comply with US laws requesting your information, such as, court orders, search warrants and subpoenas. PhysicalAddress.com will notify customer if permitted by law of any pending legal process requesting your information.
10) ELECTRONIC OF PAPER ACCEPTANCE
Under the Electronic Signature in Global and National Commerce Act (“E-Sign”), this Subscriber Agreement and all electronically executed documents related hereto are legally binding in the same manner as are hard copy documents executed by hand signature when (1) your electronic signature is associated with the Subscriber Agreement and related documents, (2) you consent and intend to be bound by the Subscriber Agreement and related documents, and (3) the Subscriber Agreement is delivered in an electronic record capable of retention by the recipient at the time of receipt (i.e., print or otherwise store the electronic record). This Subscriber Agreement and all related electronic documents shall be governed by the provisions of E-Sign. By pressing “Accept New Account”, you agree (i) that the Subscriber Agreement and related documents shall be effective by electronic means, (ii) to be bound by the terms and conditions of this Subscriber Agreement and related documents, and (iii) that you have the ability to print or otherwise store the Subscriber Agreement and related documents.
If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Customer shall indemnify and hold PhysicalAddress.com, LLC harmless from and against any and all claims, judgments, awards, costs, expenses, damages, and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted, or imposed against PhysicalAddress.com directly or indirectly arising from or in connection with Customer’s use of the Service.
13) THE SERVICE IS AVAILABLE “AS IS”
Use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. PhysicalAddress.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to: the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. PhysicalAddress.com does not warrant that the Service will meet all of your requirements or that the Service will be uninterrupted, timely, secure or error-free. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you are solely responsible for any damage to your computer or other device or loss of data that results from the download of any such material.
Force Majeure: If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes, provided that the party claiming force majeure has taken all reasonable measures to avoid such cause.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising hereunder shall be governed by the laws of the state of Nevada. A failure by any party to exercise, or any delay in exercising, a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.