Terms of Use Agreement

(a) This Terms of Use Agreement (this “Agreement”), is a legal agreement between you, either individually or on behalf of your corporation, partnership, sole proprietorship, or other business entity (whether or not capitalized, “You” or “Your”) and TARA LLC dba US Global Mail, a Wyoming limited liability company, its affiliates, and each of their respective successors and assigns (collectively, referred to herein as “Company,” “we,” “our”, “us” or “US Global Mail”) governing Your use of (i) the US Global Mail website accessible via http://www.usglobalmail.com (the “Website”) and all other websites, social media accounts, and other online products and services offered by US Global Mail, (ii) the content contained in any of the foregoing, (iii) any offline components and services provided by US Global Mail for use in connection therewith, including mail management services and digital address and mailbox services such as mail scanning, forwarding, online mail management, virtual mailbox and other related services (the “Mail Management Services”) and (iv) the Check Deposit Services (as defined below) (i) through (iv), collectively, being referred to herein as the “Services”).  If You have entered into a written and signed agreement with US Global Mail, that agreement supersedes, governs, and controls with respect to any conflicting term or provision in this Agreement.

(b) Please read this Agreement carefully before You start using the Website or the Services. By using the Website or otherwise accessing or using the Services, You agree to be bound and abide by this Agreement and our Privacy Policy, found at https://www.usglobalmail.com/privacy-policy/ (“Privacy Policy”), incorporated herein by reference. BY USING THE SERVICES, OR DOWNLOADING, INSTALLING, ACTIVATING OR OTHERWISE USING ANY OF THE MATERIALS AVAILABLE THEREON, YOU ARE AGREEING THAT YOU HAVE READ, AND AGREE TO COMPLY WITH AND BE BOUND BY, THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS.  IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, OUR PRIVACY POLICY, AND ALL APPLICABLE LAWS, DO NOT ACCESS OR USE THE SERVICES.

(c) IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED HEREIN BY REFERENCE, YOU SHOULD NOT USE THE US GLOBAL MAIL SERVICES. 

(d) This Website and the Services are offered and available to users who are 18 years of age or older. By using this Website or the Services, You represent and warrant that You (i) are at least 18 years old, (ii) are of legal age to form a binding contract, and (iii) have not been previously removed or suspended from the Services by the Company. If You do not meet all of these requirements, You must not access or use the Services.

(a) We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter.

(b) Your continued use of the Website or other Services following the posting of a revised version of this Agreement means that You accept and agree to the changes. You are expected to check this page from time to time so You are aware of any changes, as they are binding on You.

(a) YOU AGREE THAT THE OPERATION AND AVAILABILITY OF THE SYSTEMS USED FOR ACCESSING AND INTERACTING WITH THE SERVICES, INCLUDING, THE PUBLIC TELEPHONE, COMPUTER NETWORKS, AND THE INTERNET OR TO TRANSMIT INFORMATION, WHETHER OR NOT SUPPLIED BY YOU OR THE COMPANY OR OTHER THIRD PARTY, CAN BE UNPREDICTABLE AND MAY, FROM TIME TO TIME, INTERFERE WITH OR PREVENT THE ACCESS TO AND/OR THE USE OR OPERATION OF THE SERVICES. NEITHER THE COMPANY NOR ANY OF ITS AFFILIATES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY INTERFERENCE WITH OR PREVENTION OF YOUR ACCESS TO AND/OR USE OF THE SERVICES.

(b) Additionally, it may be necessary for the Company or its third party service providers to perform scheduled or unscheduled repairs, maintenance, or upgrades and such activities may temporarily degrade the quality of the Services or result in a partial or complete outage of the Services.  US Global Mail provides no assurance that You will receive advance notification of such activities or that the Services will be uninterrupted or error-free.  Any degradation or interruption in the Services shall not give rise to a refund or credit of any fees paid by You.

(c) You are responsible for (i) making all arrangements necessary for You to have access to the Services, and (ii) ensuring that no other persons access the Website or the Services through Your internet connection or using Your login credentials.

(d) Subject to the terms and conditions of this Agreement, You are hereby granted a limited, non-exclusive, non-transferable right to access and use the Services solely for Your internal purposes and not for resale, redistribution, or for the benefit of any third parties. The license granted herein is conditioned on Your continued compliance with the terms and conditions of this Agreement, our Privacy Policy, and applicable law.

(e) To access the Services, You may be asked to provide certain registration details or other information. It is a condition of Your use of the Services that all the information You provide on the Website is correct, current, and complete. You agree that all information You provide to register with this Website or otherwise, is governed by our Privacy Policy, and You consent to all actions we take with respect to Your information consistent with our Privacy Policy.

(f) You may designate one or more administrators (each, an “Administrator”) to administer and manage Your account, which includes, without limitation, the right to (i) direct the Company and/or its Network Provider to take actions regarding the Services, including, without limitation, with respect to Your Mail and/or Legal Documents, and (ii) invite Your employees, contractors, and/or agents, to access and use the Website and the Services as an authorized user under Your account (“Authorized User”), subject to the user seat limits of Your Price Plan and any applicable additional charges.  For the avoidance of doubt, the term “Authorized Users” as used in this Agreement, includes Administrators.  In addition, subject to Your subscription plan, an Administrator may set certain permissions and access rights to each Authorized User (“Permissions”).  You acknowledge and agree that depending on the Permissions granted to an Authorized User, such Authorized User may (i) subsequently invite or enable other users to access Your account, and such additional users will be deemed “Authorized Users” of the Account, (ii) have the ability to set Permissions for Authorized Users, (iii) have the ability to view Customer Data that is connected to the Account, and/or (iv) have the ability to view and/or direct actions taken with respect to Your mail in connection with the Services. You acknowledge and agree that You are solely responsible and liable for designating Administrators, inviting Authorized Users, and the Permissions granted to Authorized Users by the Administrator(s) of Your account.

(g) You agree that You shall not permit any person other than Authorized Users to access and use the Services and will ensure that Your Authorized Users the Services solely in accordance with this Agreement. You acknowledge and agree that notwithstanding any other provision of this Agreement, You are solely responsible for the use of the Services by Authorized Users, and any breach of this Agreement by any Authorized User will be deemed a breach by You.  

You shall: (i) notify US Global Mail immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to US Global Mail immediately and use reasonable efforts to stop immediately any copying or distribution of any proprietary content or materials or other Services data that is known or suspected by You; (iii) notify US Global Mail when You no longer require access to the Services; and (v) keep all of Your profile, contact and payment information current. Where use of the Services is contingent on You accessing an “account” and/or inserting a “user identification” and/or “password”, You agree that You will be solely responsible for the user ID and passwords that are provided to You (as such passwords may be changed from time to time in accordance with features of the Services) to log-in to the password protected Services. If non-authorized individuals have access to Your systems or to Your user ID and password, they may be able to use the Services. You shall keep any correspondence You receive relating to or through the use of the Services (including, but not limited to, user ID, passwords, and other registration or sign-in information) confidential and in a safe place and not disclose it to any third party. You will be responsible and liable for all communications and actions that take place through the use of Your user ID, including without limitation, any actions by Your Authorized Users and any actions that occur without Your authorization. Accordingly, it is Your responsibility to take appropriate actions immediately if any password has been stolen, leaked, compromised, or otherwise used without proper consent. In order to protect the integrity of the Services, US Global Mail reserves the right, in its sole discretion, to block users from certain IP addresses or ranges from accessing the Services at any time.

(a) As a condition to receiving the Mail Management Services, You must complete a separate USPS Form 1583 (“Form 1583”) to authorize US Global Mail to receive Your mail and/or packages at our designated location. If You request services from us that require You to present any other form (whether for the United States Postal Service (“USPS”) or otherwise), You must present the required and completed form and any related information before we start providing such service for You. You must use the exact mailing address, without modification, as set forth in Section 3 of Form 1583. The USPS will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”

(b) You may upload Form 1583 and any other necessary forms to our system via Your online mailbox accessible via Your account (“Virtual Mailbox”). You acknowledge that the (i) all information provided by You on Form 1583 and any other form submitted to US Global Mail, or otherwise input via the Website or the Services, will be true, accurate and complete in all respects, (ii) Your use of the Services, including but not limited to the Virtual Mailbox, will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties or violate any applicable law; and (iii) Your use of the Website and any other Services, and related submission of personal information or other data to us, will comply with all applicable laws.

(c) Completion and delivery of a Form 1583 and use of the Services authorizes and grants US Global Mail and the applicable Network Provider (as defined below) the right to use the information on the Form 1583 and any other information that You may provide via the Website or the Services for the limited purposes of serving as Your Commercial Mail Receiving Agency “CMRA”) and providing the Services.

(d) You will specify a physical mailing address where Your mail may be forwarded by US Global Mail (a “Designated Address”).

(a) All right, title, and interest in the Services, including technology and trade secrets embodied therein and any custom developments created or provided in connection with or related to this Agreement, including all copyrights, patents, trade secrets, trade dress, and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to US Global Mail or its licensors, as applicable, and You shall have no rights whatsoever in or to any of the foregoing. You acknowledge that the Services constitute a valuable trade secret and/or is the confidential information of US Global Mail or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to You an ownership interest in the Services, in whole or in part.  All content and materials included as part of the Services, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of US Global Mail or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed.  All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and US Global Mail owns a copyright in the selection, coordination, arrangement, and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part.  Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use, or copying of the proprietary products and services provided pursuant to this Agreement may cause US Global Mail and its licensors irreparable injury, which may not be remedied at law, and You agree that US Global Mail and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.

(b) To the extent that You and/or any Authorized Users provide or submit to the Company any ideas, suggestions, improvements and/or other feedback regarding any aspect of the Website, the Services and/or any other materials and/or content provided by the Company hereunder, including, without limitation, the functioning, features, and other characteristics thereof (collectively, “Feedback”), You hereby grant the Company, its subsidiaries, affiliates and partners a worldwide, irrevocable, perpetual, royalty free, non-exclusive, sublicensable and transferable license under all Your intellectual property rights in the Feedback to exploit and use for any purpose, without compensation or attribution.

The name “US Global Mail,” and all associated or related names, logos design marks, product names, feature names, and related logos are trademarks of the Company and may not be used, copied, or imitated, in whole or in part, without the express prior written permission of the Company. In addition, the look and feel of the Website and the Services (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark, and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without the express prior written permission of the Company.

(a) US Global Mail provides the Services through a network of independently operated CMRAs, intake locations, channel partners, and other third-party service providers (collectively, “Network Providers”), which are contracted by US Global Mail. All Network Providers are independent contractors. No Network Provider is an employee, agent, representative, partner, or joint venturer of US Global Mail. No Network Provider has authority to bind US Global Mail to any obligation or commitment, and no Network Provider may make representations or warranties on behalf of US Global Mail. Nothing in this Agreement or in the contractual relationship between US Global Mail and any Network Provider shall be construed to create an employment relationship, agency, partnership, joint venture, or franchise between US Global Mail and any Network Provider. We reserve the right to replace the Network Provider(s) assigned to Your account in our sole discretion and without notice.

(b) US GLOBAL MAIL SHALL NOT BE LIABLE FOR: (i) ANY LOSS, DELAY, DAMAGE, OR MISDELIVERY OF MAIL OR PARCELS OCCURRING AT OR ATTRIBUTABLE TO OPERATIONS AT NETWORK PROVIDER LOCATIONS; (ii) ANY ACTS, ERRORS, NEGLIGENCE, OR MISCONDUCT OF ANY NETWORK PROVIDER OR THEIR RESPECTIVE STAFF, EMPLOYEES, OR AGENTS; (iii) ERRORS IN USPS FORM 1583 FILINGS OR OTHER REGULATORY FILINGS MADE BY OR ON BEHALF OF A NETWORK PROVIDER; (iv) MAIL LOST, DAMAGED, OR DELAYED PRIOR TO RECEIPT AT NETWORK PROVIDER PROCESSING FACILITIES; OR (v) ANY FAILURE BY A NETWORK PROVIDER TO COMPLY WITH APPLICABLE LAWS, REGULATIONS, USPS REQUIREMENTS, OR ANY OTHER REGULATORY OR COMPLIANCE OBLIGATIONS. YOU ACKNOWLEDGE THAT NETWORK PROVIDERS OPERATE INDEPENDENTLY AND THAT US GLOBAL MAIL EXERCISES NO OPERATIONAL CONTROL OVER THE DAY-TO-DAY ACTIVITIES OF NETWORK PROVIDERS.

(a) You hereby authorize US Global Mail and its Network Provider(s) to perform the Services and take other actions necessary for or incidental thereto.

(b) You hereby authorize US Global Mail’s Network Provider(s) to open, view, scan and otherwise handle or process Your mail; provided, however, that the we may decline to scan, open, ship, or otherwise process the outside or contents of Your mail or parcels in our sole discretion if we deem any such action may pose a danger, regulatory risk or otherwise be contrary to law, or if, in our sole discretion, we believe the item may cause damage to other merchandise or equipment, or is economically or operationally impracticable to transport.

(c) You hereby authorize US Global Mail’s Network Provider(s) to discard or recycle all Your Standard Mail, or any other mail that You may direct us to discard or recycle via Your use of the Services. Standard Mail will not be scanned or inserted into Your Virtual Mailbox. For the purposes of this Agreement, “Standard Mail” means flyers, circulars, advertising and catalogues, any items postmarked “Standard,” “Std,” “Std Pre-sort,” “non-profit,” or other markings used by USPS.

(d) By entering into this Agreement, You hereby grant US Global Mail a non-exclusive, royalty-free, worldwide license to use Your name, trade name, trademarks, service marks, and logos (collectively, “Customer Marks”) solely for the purpose of identifying You as a customer of US Global Mail in marketing materials, promotional content, case studies, press releases, the Website, and other communications, whether in print or digital form. US Global Mail will use Customer Marks in accordance with any written trademark usage guidelines You provide to US Global Mail. US Global Mail will not alter, modify, or create derivative works from any Customer Marks without Your prior written consent. You represent and warrant that You have the right to grant the license set forth in this Section and that US Global Mail’s use of the Customer Marks in accordance with this Section will not infringe or misappropriate the intellectual property rights of any third party. US Global Mail’s rights under this Section shall survive termination of this Agreement solely with respect to materials published or distributed prior to the effective date of termination. You may revoke this license at any time by written notice to US Global Mail.

(a) The Mail Management Services may include the following:
(i) Physical mailing address at a designated Network Provider site (the “Receiving Address”);
(ii) The applicable Network Provider will accept mail at the Receiving Address, and may create a digital copy of the certain qualifying mails and upload them into Your Virtual Mailbox with required information such as dimensions, tracking info, weight and an image;
(iii) Mail or parcel forwarding to Your Designated Address;
(iv) Consolidation of mail and/or parcels for shipment to Your Designated Address or, at certain Network Provider locations, in-person pickup at the Receiving Address; and/or
(v) Return to sender in accordance with Your instructions via the Website.

(b) By using, requesting, subscribing for, or purchasing any of our Services, and by entering into this Agreement, You are giving express and legally binding authorization to US Global Mail’s Network Providers to perform the tasks described herein, and are expressly authorizing the Network Providers to open and inspect any package we receive on Your behalf. We reserve the right to withdraw or amend any Services (including without limitation by discontinuing any Receiving Address), and any service or material we provide on the Website, in our sole discretion without notice.

(c) From Your Virtual Mailbox, You may direct our Network Providers to perform the following Mail Management Services:
(i) Forward mail to a specified physical address;
(ii) Forward mail to another account;
(iii) Open envelopes and scan contents of mail;
(iv) Shred or recycle the mail;
(v) Physically store mail and parcels;
(vi) Sign scanned documents electronically;
(vii) Unsubscribe from or opt in to mailing lists;
(viii) Unpack parcels for individual reshipment;
(ix) Consolidate parcels for shipment; and/or
(x) Any other Services offered on the Website.

(d) You are responsible for all instructions to perform Services along with their associated expenses. We are not responsible for items that are recycled or shredded at Your request, or for lost or broken items.

(e) Notwithstanding anything to the contrary herein, US Global Mail does not represent or warrant that Your mail will never be mistakenly assigned, scanned, or uploaded to another customer’s account, or that another customer’s mail will never be mistakenly assigned, scanned, or uploaded to Your account (each, a “Mail Misassignment”). In the event of a Mail Misassignment, US Global Mail shall have no liability to You or to the intended recipient. As Your sole and exclusive remedy in the event of a Mail Misassignment affecting Your account, US Global Mail will use commercially reasonable efforts to (i) notify both the intended and unintended recipient promptly upon discovery of the error, and (ii) remove the misassigned item from the unintended recipient’s account. You agree that upon discovery of any Mail Misassignment, You will immediately notify US Global Mail and will not view, copy, retain, distribute, or otherwise use any mail or the contents thereof that You know or reasonably should know was not intended for You. Any violation of this Section may result in immediate suspension or termination of Your account pursuant to Section 14 and Section 15 of this Agreement.

(f) Upon placement of Your mail or parcel in the care of the United States Postal Service or any other mail carrier or courier service (including, without limitation, UPS, FedEx, or DHL) for forwarding to Your Designated Address or any other address You have specified (each, a “Carrier”), such mail or parcel shall be deemed delivered, and all responsibility and liability of US Global Mail and any Network Provider with respect to such mail or parcel shall immediately and automatically terminate. Neither US Global Mail nor any Network Provider shall have any responsibility or liability for such mail or parcel following its placement in the care of a Carrier, including without limitation for any loss, delay, damage, misdelivery, or failure to deliver by the Carrier. Your sole recourse for loss or damage occurring after placement in the care of a Carrier shall be against the applicable Carrier pursuant to such Carrier’s terms and conditions and applicable law. If You fail or refuse to accept mail or parcels forwarded by US Global Mail and/or any Network Provider pursuant to this Agreement, You will bear all costs of return shipping and re-processing. US Global Mail assumes no responsibility for ensuring the compatibility of Your Designated Address with any Carrier’s delivery requirements or restrictions.

(g) Certain Network Provider locations cannot accept packages over 10”x10”x10”. If applicable, this will be disclosed in the detailed information for such locations made available by us on the Website.

(a) Our Network Providers do not accept or send C.O.D. deliveries, and nor can they use any third-party shipper accounts.

(b) US Global Mail and our Network Providers will not provide Services to persons or entities identified on, and You hereby represent and warrant to us that You are not and at no time during Your use of the Website or the Services will be listed on, (i) the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, or Unverified List; (ii) the U.S. State Department Debarred Parties List; or (iii) the List of Specially Designated Nationals maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control. US Global Mail also will not provide Services to any person or entity that is, and You hereby represent and warrant to us that You are not and at no time during Your use of the Website or the Services will be, directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. part 744).

(c) At no time shall You provide merchandise or mail to any, nor at any time shall You be deemed to be a, Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (i) a person or entity who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations (with the list available on OFAC’s website); (ii) the government of or any person or entity domiciled, operating, registered, or incorporated in Afghanistan, Cuba, Iran, Iraq, North Korea, Somalia, Sudan, South Sudan, Syria, Crimea Region of Ukraine, Yemen, or Zimbabwe or any other country that appears on the United States’ Export Administration Regulation (“EAR”) list, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations any declaration by the President of the United States which has the force of law (an “Executive Order”); (iii) a person or entity acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (iv) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (v) a person or entity on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (vi) a person or entity in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time.

(d) Our Network Providers will not accept registered items, and will only accept restricted mail (i.e., mail where the sender has paid a fee to direct delivery only to an individual addressee or addressee’s authorized agent) if expressly authorized on Your Form 1583.

(a) In the event that You order Your mail or any other item of any nature forwarded to a location outside of the United States, You acknowledge and agree (i) that such action will subject Your mail to the export laws and regulations of the United States and the regulations of the jurisdiction to which You forward Your mail and (ii) to fully comply with all applicable export control and sanctions laws and to refrain from forwarding any prohibited, restricted, or controlled items without proper authorization.

(b) You will be solely responsible for compliance with import-export laws and laws and regulations. You agree that we shall be named as a “shipper of record,” “exporter,” forwarding agent,” or “U.S. principal party in interest” on the export shipment of any mail.

(c) You acknowledge and agree we may refuse to forward any mail or parcel that when we, in our sole discretion, determine that the mail or parcel forwarding would pose a regulatory or other legal risk.

(a) We charge monthly subscription fees for our Services based on the price plan that You select via the Website (the “Price Plan”). Additionally, we charge for certain optional Services not included in Your Price Plan, such as storage fees, additional scanning fees and additional Authorized Users. All such charges will be described in detail on your invoices, which You agree to review promptly following receipt. Fees may be subject to change.

(b) Price Plan fees are due and payable monthly or annually in advance. Fees for optional Services may be due immediately upon purchase or at such other times as the Company may stipulate on the Website or otherwise in writing to You. The Services will automatically renew at end of each annual or monthly period until You cancel the Services or the Services are otherwise terminated in accordance with this Agreement. You are responsible for keeping Your payment information up-to-date. If we are unable to collect Service fees when due, we may terminate or suspend Your access to and use of the Services with or without notice. In case of termination of the Services for non-payment, You shall be solely responsible for any mail, parcel or data loss and any other expenses incurred due to the termination.

(c) All fees are non-refundable and non-cancellable.

(a) Your use of the Services is limited to the scope of the license granted in this Agreement and this Agreement does not permit You to use the Services other than as provided herein. You acknowledge that the Services include valuable trade secrets and/or the confidential information of the Company or its licensors. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:

(i) You and Your Authorized Users shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to the Services or any information, documents, software, products, and services contained or made available to You in the course of using the Services (the “Information”), or use the Services to run or as part of a service bureau, outsourced, or managed services arrangement;
(ii) You and Your Authorized Users shall not copy, reproduce, republish, upload, post, transmit, or distribute the Service or the Information in any way;
(iii) You and Your Authorized Users shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute, display, or create derivative works, compilations, or collective works based on the Service or the Information;
(iv) You and Your Authorized Users shall not knowingly or negligently permit other individuals or entities to use or copy the Services, or create Internet “links” to the Service or “frame” or “mirror” the Services on any other server or wireless or Internet-based device;
(v) You and Your Authorized Users shall not access the Services for any reason, including without limitation, in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions, or graphics of the Service, (iii) copy any ideas, features, functions, or graphics of the Service, (iv) monitor its availability, performance, or functionality, or (v) for any other benchmarking or competitive purposes;
(vi) You and Your Authorized Users shall not access the Services if You sell or provide any service or software that may compete with US Global Mail’s or its licensors’ services or software (a “Competitor”);
(vii) You and Your Authorized Users shall not attempt to use or gain unauthorized access to data, accounts, hosts, systems, or networks of US Global Mail, its licensors or any of its customers or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for You or logging into or making use of a server or account You are not expressly authorized to access;
(viii) You and Your Authorized Users shall not attempt to probe, scan, or test the vulnerability of any products or services offered through the Services, or of any system, account, or network of US Global Mail or of any of its, licensors, customers or suppliers;
(ix) You and Your Authorized Users shall not interfere, or attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the Services;
(x) You and Your Authorized Users shall not forge any TCP-IP packet header or any part of any header information, falsify, alter, or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to US Global Mail or the Services, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
(xi) You and Your Authorized Users shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose, or knowledge, to use or enjoy the Services (except for tools for safety and security functions;
(xii) You and Your Authorized Users shall not misrepresent the Receiving Address as a physical office unless legally permitted;
(xiii) You and Your Authorized Users shall not use the Receiving Address to commit fraud; and
(xiv) If You are aware of, or experience, any content, activity, or communication through or in connection with the Service that appears to be in violation of the above restrictions, or in violation of any other provision of this Agreement or applicable law, You will promptly contact US Global Mail using the information provided at the bottom of this Agreement.

(b) If You or Your Authorized Users engage in any activity or communication through or in connection with the Services in violation of any of the above restrictions, in addition to any other damages to which US Global Mail may be entitled, if actual damages cannot be reasonably calculated then You agree to pay US Global Mail liquidated damages of $100 for each violation of this Section or the maximum liquidated damages permitted under applicable law, whichever is greater; otherwise You agree to pay US Global Mail’s actual damages, to the extent such actual damages can be reasonably calculated.

(a) Your account may be suspended if we are unable to complete payment transactions for our Services, including as a result of a chargeback by your bank. The suspended account will remain functional, but all service requests will be rejected for lack of funds and the execution of pending Services will be suspended. You will continue to incur charges in respect of Your account. Suspension will end only upon settling all outstanding balances or, in the case of a chargeback, the removal of such chargeback and reimbursement to us of any associated fees.

(b) We may also suspend or limit Your access to and use of the Services and/or Your account in the event we have a reasonable basis to believe the use of Your account violates any applicable law or is in violation of this Agreement, including our Privacy Policy, or is otherwise reasonably necessary to protect the Company, its affiliates, third parties or the Services.

(a) The term of this Agreement commences on Your first use of the Services and continues until terminated as set forth herein. Any unauthorized use of the Services will be deemed a material breach of this Agreement. US Global Mail, in its sole discretion, may terminate Your password, account, or use of the Services if You breach or otherwise fail to comply with this Agreement, our Privacy Policy, or our then-current payment or refund policies. In addition, we may terminate any account at any time, for any reason, in our sole discretion.
(b) We may terminate Your access to and use of the Services and/or Your account immediately if (i) You violate applicable law or fail to cooperate or provide information on an investigation by a local, state or federal governmental agency; (ii) You violate any provision of this Agreement, including our Privacy Policy; (iii) Your account is suspended for more 30 days for failure to pay for any of our Services; (iv) You violate any third-party rights or US Global Mail believes termination is reasonably necessary to protect the Company, its affiliates, third parties or the Services.

(c) You may terminate Your subscription and close Your account at any time via Your account through our Website. US Global Mail shall not refund any prepaid fees following or in connection with such termination.

(d) Upon termination of this Agreement, You agree to promptly inform all relevant parties that Your address has changed. You shall remove all of Your data from Your account without delay. Upon expiration, cancellation, or termination of this Agreement, You authorize US Global Mail to accept and destroy any mail addressed to “occupant,” “current resident,” or similar designation, or coupons, advertising or other promotional material (including all Standard Mail, collectively, “Unsolicited Mail”), and any mail addressed to You that is delivered to Receiving Address by USPS for six (6) months thereafter. You further agree that we may refuse any package addressed to You delivered by any party other than the USPS, such as a commercial carrier service.

(e) You acknowledge and agree that we are expressly authorized not to forward any of Your mail that is received following termination or cancellation of this Agreement and/or Your account. However, in the event You elect to cancel Your account, You may be able to elect to have US Global Mail re-mail (i.e., forward) Your mail (except for Unsolicited Mail and Standard Mail) for up to six (6) months upon Your payment in advance for postage, packaging material and forwarding fees. You must pay a monthly forwarding fee in advance for the time period that Your mail is to be re-mailed.

(f) You understand and agree that mail received after expiration or termination of this Agreement shall be handled in accordance with USPS Domestic Mail Manual 508 Section 1.9.3. If You choose to not pay to have Your mail forwarded and set forth above, all mail received for the six (6) months following any expiration or termination of this Agreement will be destroyed as received. Six (6) months after the expiration, cancellation or termination of this Agreement, we may: (i) refuse any mail or package addressed to You; and/or (ii) destroy any of Your mail or packages remaining at a US Global Mail site or within our possession or control.

(g) Upon termination of this Agreement for any reason, all outstanding fees immediately becoming due and payable, including, without limitation, any subscription fees due and payable for the remainder of the then-current subscription term, and Your and Your Authorized Users’ right to access and use the Website and the Services will automatically terminate.

This Agreement shall be governed by Texas law and controlling United States federal law, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Services, with the exception of claims for injunctive relief, shall be subject to the exclusive jurisdiction of the state and federal courts located in Houston, Texas.

(a) Any cause of action You may have with respect to Your use of the Services or otherwise relating to this Agreement must be commenced within one (1) year after the claim or cause of action arises.

(b) If You and US Global Mail are unable to resolve a dispute within thirty (30) days of written notice of the dispute, You and US Global Mail agree to resolve such dispute through final, binding and confidential arbitration. Prior to initiating arbitration, the party seeking relief must provide written notice of the dispute to the other party specifying in reasonable detail the nature and basis of the claim and the relief sought (a “Dispute Notice”). The parties agree to negotiate in good faith to resolve the dispute for a period of thirty (30) days following receipt of a Dispute Notice. If the parties are unable to resolve the dispute through good-faith negotiation within such thirty (30) day period, either party may then initiate binding arbitration as set forth herein. You and US Global Mail each agree to submit to the personal and exclusive arbitration of any disputes arising out of or relating to Your use of the Services under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”). The AAA Rules and fee information are available at www.adr.org. The arbitration shall be held in Harris County, Texas, unless You and US Global Mail otherwise agree in writing. You may not initiate any legal action or proceeding against US Global Mail or any of US Global Mail’s employees, managers, members, or agents, in any other forum or location. The arbitrator shall be a neutral, licensed attorney with at least ten (10) years of experience in commercial or consumer law, selected in accordance with the AAA Rules. The arbitrator shall have authority to award any relief that a court of competent jurisdiction could award, including injunctive or declaratory relief, and shall apply substantive law consistent with the Federal Arbitration Act (“FAA”), 9 U.S.C. § 1 et seq. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own attorneys’ fees and costs in connection with any arbitration, except that the arbitrator may award reasonable attorneys’ fees and costs to the prevailing party where expressly permitted by applicable law or where the other party’s claim or defense is found to be frivolous or brought in bad faith. The filing fees for arbitration shall be allocated in accordance with the AAA Rules; provided, however, that US Global Mail will pay any filing fee in excess of the fee that would be charged for filing a comparable claim in a court of competent jurisdiction if You demonstrate financial hardship. YOU HAVE THE RIGHT TO OPT OUT OF THIS BINDING ARBITRATION PROVISION BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT OUT TO legal@usglobalmail.com WITHIN THIRTY (30) DAYS OF COMMENCEMENT OF THE SERVICES. YOUR NOTICE MUST INCLUDE YOUR NAME, ADDRESS, AND ACCOUNT INFORMATION, AND A CLEAR STATEMENT THAT YOU WANT TO OPT OUT OF ARBITRATION. IF YOU OPT OUT, THE GOVERNING LAW AND VENUE PROVISIONS OF THIS AGREEMENT SHALL GOVERN ANY DISPUTES BETWEEN THE PARTIES.

(c) You further agree that You may resolve any dispute with US Global Mail only on an individual basis, and that You may not bring any claim or demand as a plaintiff of, or otherwise participate as part of, any purported class, consolidated, or representative action or proceeding. In addition, unless You and US Global Mail otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, consolidated, or representative proceeding.

(d) Notwithstanding the foregoing, either You or US Global Mail may bring a lawsuit for injunctive relief to prevent and/or to stop (i) unauthorized use or abuse of the Services, (ii) defamation, libel, or other false or misleading statements, or (iii) any actual or threatened breach of the confidentiality obligations established under this Agreement, intellectual property infringement, or unfair competition, without first engaging in the arbitration process described above.

(e) YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICE, OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Each party represents and warrants that it has the legal power and authority to enter into this Agreement. You represent and warrant that You have not falsely identified Yourself nor provided any false information to gain access to the Services. If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such an entity to this Agreement, in which case the terms “You” or “Your” (whether or not capitalized) shall refer to such entity.  If You do not have such authority, You must immediately stop using the Services. In addition, You agree to abide by all applicable local, state, national and foreign laws, treaties, ordinances, and regulations in connection with Your use of the Services, including those related to taxes, credit cards, data and privacy, international communications, the transmission of technical or personal data, permits or license requirements, zoning ordinances, safety compliance, and compliance with all anti-discrimination and fair housing laws, as applicable.

US Global Mail may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency, or governmental body.

(a) You are solely responsible for ensuring that Your use of the Services complies with any legal, regulatory, or contractual deadlines applicable to Your mail or business. You acknowledge that the Services are not designed or warranted for use in connection with time-sensitive legal filings, court deadlines, regulatory submissions, tax filings, or other compliance-sensitive correspondence (collectively, “Compliance-Sensitive Mail”). If You elect to use the Services for Compliance-Sensitive Mail, You do so at Your own risk. US Global Mail shall have no liability for any consequences arising from the use of the Services in connection with Compliance-Sensitive Mail, including but not limited to any loss, penalty, fine, default judgment, or other adverse outcome attributable to any actual or alleged delay, failure, or error in the delivery, processing, forwarding, or scanning of such mail.

(b) US GLOBAL MAIL MAKES NO GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE TIMELINESS OF DELIVERY, FORWARDING, PROCESSING, OR SCANNING OF ANY MAIL OR PARCEL. DELIVERY AND FORWARDING TIMEFRAMES COMMUNICATED BY US GLOBAL MAIL ARE ESTIMATES ONLY AND ARE NOT BINDING COMMITMENTS. US GLOBAL MAIL SHALL HAVE NO LIABILITY FOR ANY MISSED LEGAL, REGULATORY, FINANCIAL, CONTRACTUAL, OR OTHER DEADLINE ARISING FROM OR RELATED TO ANY DELAY IN THE RECEIPT, PROCESSING, SCANNING, OR FORWARDING OF MAIL OR PARCELS, REGARDLESS OF THE CAUSE OF SUCH DELAY, INCLUDING BUT NOT LIMITED TO DELAYS ATTRIBUTABLE TO USPS, NETWORK PROVIDERS, THIRD-PARTY CARRIERS, WEATHER, GOVERNMENT ACTION, OR FORCE MAJEURE EVENTS.

(a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, (I) US GLOBAL MAIL, INCLUDING ITS AFFILIATES, SUBSIDIARIES, LICENSORS, SUBCONTRACTORS, NETWORK PROVIDERS, AND AGENTS AND EACH OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS AND OFFICERS (COLLECTIVELY, THE “PROVIDER PARTIES”) DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICES, OR OTHERWISE RELATING TO THIS AGREEMENT, INCLUDING WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, ACCURACY, AND NON-INTERFERENCE; (II) NEITHER US GLOBAL MAIL NOR ANY PROVIDER PARTY WARRANTS THAT (X) THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS, (Y) THE SERVICES WILL MEET YOUR REQUIREMENTS, OR (Z) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (III) US GLOBAL MAIL AND THE PROVIDER PARTIES, JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, QUALITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE PRICING, DISCOUNTS, FEATURES, PRODUCTS, RESULTS, OR OTHER INFORMATION OBTAINED, GENERATED, OR OTHERWISE RECEIVED BY YOU FROM ACCESSING AND/OR USING THE SERVICE, OR OTHERWISE RELATING TO THIS AGREEMENT; AND (IV) USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND NEITHER US GLOBAL NOR ANY OF THE PROVIDER PARTIES SHALL HAVE ANY LIABILITY OR RESPONSIBILITY THEREFOR.

(b) THE PROVIDER PARTIES MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS OR SERVICES. THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES THROUGH THE SERVICES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE PROVIDER PARTIES.

(c) THE PROVIDER PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, OR NEGLIGENCE OF ANY THIRD PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE PROVIDER PARTIES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, STRIKE, FORCE MAJEURE, OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING, OR ACTS OF ANY GOVERNMENT OR AUTHORITY (INCLUDING WITHOUT LIMITATION USPS).

(d) THE TERMS OF THIS SECTION 21 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, IN NO EVENT WHATSOEVER SHALL THE PROVIDER PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF OPPORTUNITY, OR LOST TIME OR GOOD WILL, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. THE PROVIDER PARTIES SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST YOU BY THIRD PARTIES. IF, DESPITE THE LIMITATIONS ABOVE, ANY PROVIDER PARTY IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN SUCH PROVIDER PARTY’S LIABILITIES WILL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (A) the monthly or annual subscription fee most recently charged to You prior to the event giving rise to the claim, OR (B) ONE-HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING FROM OR PERTAINING TO THE SERVICES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER SUCH ACTION HAS ACCRUED.  YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF THE REMEDIES FAIL THEIR ESSENTIAL PURPOSE AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD HAVE PAID A HIGHER FEE FOR THE SERVICE PROVIDED HEREUNDER.  Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to You. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

You shall defend, indemnify and hold the Company, its affiliates, the Network Providers, and each of their respective owners, shareholders, directors, members, managers, officers, directors, employees, agents, successors, and assigns harmless from and against any and all losses, damages, liabilities, costs, judgments, charges, and expenses, including reasonable attorneys’ fees, arising out of or relating to any claim, suit, action, or proceeding arising out of or related to (i) Your or any Authorized User’s use of or inability to use the Website or the Services or any content thereon; (ii) any communications or interactions, through or as a result of, Your or any Authorized User’s use of the Services, (iii) any lost, damaged or inaccurate mail or any images thereof uploaded to or transmitted through the Services, whether based on warranty, contract, tort or any other cause of action (including negligence), (iv) Your or any Authorized User’s breach or violations of any representation, warranty or obligation in this Agreement or any applicable law or third party rights; (v) any bodily injury or death of any person, or damage to real or tangible, personal property resulting from Your or any Authorized User’s acts or omissions; (vi) any claim that any information or materials provided by You or any Authorized User infringe or misappropriate the intellectual property rights of any third party; or (vii) Customer Data or a violation of any applicable privacy law, rule or regulation by You. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim.

The Company shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, national or regional emergency, riots, transportation disruptions, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials, and other similar events beyond our reasonable control.

We reserve the right to update or modify this Agreement at any time.  The revised Agreement will be posted on the Website at https://www.usglobalmail.com/terms-of-service/. All updates and modifications to this Agreement will be effective thirty (30) days after they are posted on the Website, or immediately upon posting for changes that are required by applicable law or that do not materially affect Your rights (except as otherwise stated in this Agreement). If we make any material changes to this Agreement, we will provide You with at least thirty (30) days’ notice of these changes by sending a notification to the email address we have on file for You and by posting a prominent notice on the Website. It is Your responsibility to regularly visit and review this Agreement. If You do not agree to any updates or modifications to this Agreement, You may terminate Your account and cease access and use of the Services in accordance with Section 15 of this Agreement. Your continued use of the Services after the applicable effective date of the updated Agreement signifies Your acknowledgment and agreement to be bound by the revised Agreement. Notwithstanding the foregoing, any modifications to the Dispute Resolution provisions of Section 17 of this Agreement shall not apply to any dispute for which a Dispute Notice has already been provided prior to the effective date of such modification.

This Website and the Services may utilize and/or integrate certain generative artificial intelligence (AI), large language models (LLMs), and other machine learning (ML) functionality (“AI Features”). You acknowledge, understand and agree that: (a) artificial intelligence and machine learning are rapidly evolving fields of study, (b) given the probabilistic nature of machine learning, use of the AI Features may in some situations result in incorrect output that does not accurately reflect real people, places, or facts, or conform to Your specifications, prompts, or requirements, and (c) You are responsible for evaluating the accuracy of any output generated through the AI Features (“Output”) by You or on Your behalf, including but not limited to, generated in the performance of any Services, as appropriate for Your use case, including by using manual human review of the Output.  You agree that You will not, and will not permit any other person to: (i) represent any Output as being approved or vetted by the Company, any Network Provider, or their respective affiliates, personnel, suppliers, service providers, agents, or representatives; (ii) represent any Output as being an original work or a wholly human-generated work.  Certain AI Features may be developed and owned by third parties and subject to additional terms, conditions or policies (collectively, “AI Policies”).  You agree to use all third-party AI Features in accordance with the authorized use of the Website and the Services as set forth in this Agreement and any applicable AI Policies. Our current list of third-party AI Features and any applicable AI Policies are available upon request.

You understand and agree that the Company may collect data and information, which may include personally identifiable information in connection with Your and/or Your Authorized Users’ use of the Website and the Services (collectively, “Customer Data”).  Customer Data does not include Operational Metrics (as defined in Section 28 below).  You grant to the Company a non-exclusive, royalty-free, fully-paid, worldwide license to use and process Customer Data as reasonably necessary for the Company to provide You the Services hereunder.  Any personally identifiable information provided or collected through or in connection with Services shall only be used in accordance with this Agreement and our Privacy Policy.  You represent and warrant that, with respect to any Customer Data (including, without limitation, any personally identifiable data), transmitted, hosted, stored or processed, or otherwise provided by You to the Company in connection with Your and the Authorized Users’ use of the Website and the Services: (a) You have all the rights necessary to grant the Company the licenses granted herein in and to Customer Data; (b) You are in compliance with all applicable data laws, and (c) You have made all disclosures to, and obtained all permissions and/or approvals from, each applicable data source as may be necessary or required to transmit such data through the Services. You shall retain all right, title, and interest in and to Customer Data

We monitor and collect technical and operational statistics, metrics, analytics, logs, and other data and information regarding the performance, management and operation of the Website and the Services (including the AI Features) and the use of the Website and Services by You and Your Authorized Users (collectively, “Operational Metrics”). You grant to the Company a non-exclusive, irrevocable, transferable, worldwide, and royalty-free license to collect, analyze and use Operational Metrics relating to the delivery, and/or Your and Your Authorized Users’ use, of the Website and the Services (including AI Features), including Operational Metrics that may be derived from Customer Data and Output, for any lawful business purpose, including, but not limited to, to provide, test, and maintain the Website and Services, to train, develop, adapt, modify, enhance, or improve the Website and Services (including AI Features) and other products or services, to develop additional or new products and services, to provide customer product recommendations and predictions, and to generate reports for internal, external, and public use.  We may only publicly distribute Operational Metrics in aggregate, non-personally identifiable form that cannot be used to identify You or any individual Authorized User.  As between the Company and You, all right, title, and interest in Operational Metrics, and all intellectual property rights therein, belong to and are retained solely by the Company.

(a) BY REQUESTING AND ACCESSING THE SERVICES DESCRIBED IN THIS SECTION 29 (“CHECK DEPOSIT SERVICES”) THROUGH YOUR ACCOUNT OR OTHERWISE, YOU ARE GIVING EXPRESS AND LEGALLY BINDING AUTHORIZATION TO US GLOBAL MAIL AND/OR ITS AUTHORIZED PROVIDERS, AS APPLICABLE, TO ACT AS YOUR AGENT TO PERFORM THE APPLICABLE CHECK DEPOSIT SERVICES.

(b) Upon Your request, and subject to the terms of this Agreement, US Global Mail will process and deposit checks received through the Mail Management Service, to Your financial accounts (each, a “Mail-In Deposit”). You hereby grant permission to, and expressly authorizes, US Global Mail to take the following actions with respect to checks received by mail as requested by You through Your account; (i) endorse checks using the appropriate restrictive endorsement; (ii) repackage checks for mail; (iii) physically forward checks to a financial institution branch associated with Your designated deposit account; and/or (iv) if necessary, include with the check any additional deposit information as required by the financial institution.

(c) Upon Customer’s request, and subject to the terms of this Agreement, US Global Mail will facilitate remote image-based deposits of checks through its provider, Stripe, Inc. (“Stripe” and such RDC services, the “Stripe RDC”) pursuant to the Stripe Treasury – Platform Terms, and subject to Your compliance with the associated terms and conditions of the Stripe Treasury Remote Deposit Capture Services (“Stripe RDC Terms”). Funds from Customer’s check deposit will be available in Customer’s financial account within 5 business days, depending on amount. By using Stripe RDC, You hereby expressly acknowledge and agree that You have reviewed, accepted and shall comply with the Stripe RDC Terms, and grant US Global Mail permission, and expressly authorizes US Global Mail, to upload the scan or photograph of the endorsed check received through US Global Mail’s Mail Management Services for upload to the Stripe RDC for remote deposit.

(d) You represent and warrant with respect to all Mail-In Deposit and/or Stripe RDC requests that (a) You are a signer or account owner of the financial account to make deposits to, and (b) each check submitted for deposit is in all other respects properly authorized. You further agree and acknowledge that US Global Mail and its Network Providers may rely solely on identifying numbers provided by You or on Your behalf to determine the financial institution and account, even if the numbers identify a financial institution or account holder different from the one identified by You or on Your behalf by name. Without limitation to any other rights or remedies of US Global Mail under this Agreement, or in law or equity, You agree to indemnify US Global Mail for any losses, liabilities, costs or expenses suffered or incurred as a result of the breach of these representations and warranties.

(e) These deposit transactions will be placed through Your designated financial institution who will act 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 of the National Automated Clearing House Association and applicable federal regulations governing deposit transactions.

(f) You agree to promptly and regularly review all entries and other communication received from US Global Mail and to immediately notify us if there are any discrepancies between Your records and those provided by US Global Mail, the ODFI or Your financial institution, or with respect to any transfer not authorized by You. If You fail to notify US Global Mail, and or its Network Providers, within 10 business days of the date US Global Mail, or its Network Providers, sent the confirmation deposit email or other report of activity, then You will be responsible for all losses or other costs associated with any erroneous or unauthorized transfer.

(g) US Global Mail and our Network Providers will only be responsible for processing deposit requests that have been sent in proper format and on a timely basis. We will advise You of any applicable cut-off time. You do not have the right to cancel or amend any entry after the request has been processed and submitted for deposit.

(h) US Global Mail will use the information provided by You to process a deposit request and send it to the designated financial institution. You acknowledge that US Global Mail or a Network Provider may reject checks for any reason permitted or required in this Agreement or the Stripe RDC. You also understand that a check may be rejected if the check would cause US Global Mail or any Network Provider to violate any Federal Reserve or other regulatory risk control program or any other law or regulation.

(i) You are solely responsible for ensuring and maintaining adequate financial account balances in connection with the use of Stripe RDC at all times, and You expressly acknowledge and agree that You will immediately add funds to Your Stripe RDC account upon notice of a negative account balance from US Global Mail and/or Stripe. Your failure to comply with this Section 29(i) shall be deemed a material breach and, notwithstanding anything to the contrary herein, US Global Mail may immediately suspend or terminate Your access to the Stripe RDC or the Services with or without notice.

(j) As a condition to using Stripe RDC, You shall be solely responsible for any and all amounts, fees, charges, liabilities, losses, fines, damages, costs, expenses and/or penalties arising from disputed deposits, chargebacks and/or negative account balances initiated by You or otherwise arising from Your use of Stripe RDC (collectively, “Deposit Penalties”). You acknowledge and agree that US Global Mail shall have the right to charge any Deposit Penalties to the payment method on file in Your account, and You shall otherwise indemnify and hold US Global Mail harmless against, any Deposit Penalties incurred by or assessed against US Global Mail arising from Your use of Stripe RDC.

(k) Neither US Global Mail nor any Network Providers will have any liability for errors, acts, or failure to act by any third party in connection with the Check Deposit Services, including but not limited to, financial institutions, communication common carriers, or clearinghouses.

(a) If You have not entered into another agreement with US Global Mail regarding the subject matter contained herein, then this Agreement (including the Company’s Privacy Policy) comprises the entire agreement between You and US Global Mail and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding such subject matter. However, if You and US Global Mail have entered into another agreement regarding the subject matter set forth herein that is a written and signed agreement between You and US Global Mail, then this Agreement should be read and interpreted in conjunction with such agreement.

(b) The failure of US Global Mail to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by US Global Mail in writing.

(c) Use of paragraph or section headers in this Agreement is for convenience only and shall not have any impact on the interpretation of particular provisions.

(d) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provisions shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provisions, with all other provisions remaining in full force and effect.

(e) This Agreement may not be assigned by You without the prior written approval of US Global Mail but may be assigned without Your consent by us to (i) a parent, subsidiary or entity under common control with US Global Mail, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. Any actual or proposed change in control of You that results or would result in a Competitor directly or indirectly owning or controlling fifty percent (50%) or more of You shall entitle US Global Mail to terminate this Agreement for cause immediately upon written notice.

(f) The Services may allow You to integrate with and/or connect to and/or use certain third party products, services or software (including, without limitation, data products and services), which are subject to separate terms and conditions (collectively, “Third-Party Integrations”). If You decide to access and use such Third-Party Integrations, Your use of Third-Party Integrations is governed solely by the terms and conditions of such Third-Party Integrations, and the Company does not endorse, is not responsible for, and makes no representations as to such Third-Party Integrations, their content or the manner in which they handle Your data. The Company is not liable for any damage or loss caused or alleged to be caused by or in connection with Your access or use of any such Third-Party Integrations, or Your reliance on the privacy practices or other policies of such Third-Party Integrations. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH, OR IN CONNECTION WITH, THE SERVICES (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY INTEGRATIONS CONNECTED TO THE SERVICES), OR ANY HYPERLINKED WEBSITE OR SERVICE, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF SUCH THIRD-PARTY PRODUCTS OR SERVICES AND/OR THIRD-PARTY INTEGRATIONS.

(g) By using the Services, You consent to receiving electronic communications from the Company. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to Your use of the Services. These electronic communications are part of Your relationship with the Company and You will receive them as part of Your access and use of the Services. You agree that any notices, agreements, disclosures or other communications that the Company sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.

(h) We may give notice by means of a general notice via the Services, electronic mail to Your e-mail address on record in Your account information, or by written communication sent by first class mail or pre-paid post to Your default address on record in our account information for You. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to US Global Mail (such notice shall be deemed given when received by US Global Mail) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or priority mail, signature required, to US Global Mail, 1321 Upland Dr. Houston, TX 77043, addressed to the attention of: CEO, Randip Singh.

(i) If You have questions regarding this Agreement or wish to obtain additional information regarding this Agreement and/or the Services, please send an e-mail to legal@usglobalmail.com with a cc to tnibber@usglobalmail.com.

(j) The following provisions of this Agreement shall survive the expiration, cancellation, or termination of this Agreement for any reason: Section 5 (Intellectual Property Ownership); Section 6 (Trademarks); Section 7 (Independent Contractor Relationships; Network of Service Providers); Section 13 (Restrictions on License Grant); Section 16 (Governing Law); Section 17 (Dispute Resolution); Section 18 (Representations and Warranties); Section 20 (No Guarantee of Delivery; Customer Responsibility for Time-Sensitive and Compliance-Sensitive Mail); Section 21 (Disclaimers of Warranties); Section 22 (Limitation of Liability); Section 23 (Indemnification); Section 26 (Artificial Intelligence), Section 29 (Check Deposit Services), Section 27 (Customer Data); Section 28 (Operational Metrics); and Section 30 (General). In addition, any payment obligations accrued prior to termination shall survive termination of this Agreement.

(k) The Network Providers are intended third-party beneficiaries of the provisions set forth in Sections 20, 21, 22 and 23 of this Agreement, and each Network Provider shall have the right to enforce such provisions directly against You to the same extent as if such Network Provider were a named party hereto. Except as expressly set forth in this Section, nothing in this Agreement is intended to, or shall, confer upon any other third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.