Terms of Service
Last updated: 3/26/2018
Acceptance of Terms.
Outpost Mail Access LLC. (“Outpost”, “Mail Access”, “we”, “us” and/or “our”) provides its services (described below) to you (“Subscriber”) through its website located at www.outpostmailaccess.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, these “Terms of Service”). Outpost Mail Access reserves the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Amendments made by Outpost Mail Access will be immediately effective upon posting of such updated Terms at this location. After such posting, continued use of Outpost Mail Access’s services constitutes your consent to be bound by the Terms, as amended. Notification necessity of any amendments will be the sole discretion of Outpost Mail Access.
Access & Use of the Service
Description of Service.
The Service is designed to provide customers with on-demand package delivery and mailboxes.
Certain terms and conditions related to the shipping, handling and delivery of your packages, and related billing terms, are located at www.outpostmailaccess.com/terms (the “Shipment Terms”). The Shipment Terms are part of these Terms of Service and are hereby incorporated by reference herein. Any such changes to the Shipment Terms will be effective and binding on you as a change to these Terms of Service.
Your Registration Obligations.
Member Account, Password and Security.
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Outpost Mail Access of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Outpost Mail Access will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service
Outpost Mail Access reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Outpost Mail Access will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Outpost Mail Access and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Outpost Mail Access account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
You agree to not use the Service to:
- a) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- b) violate any applicable local, state, national or international law, or any regulations having the force of law;
- c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- d) or further or promote any criminal activity or enterprise.
Subscription and Mailbox rental fees are calculated on a quarterly (3 month) billing cycle and are due and payable in advance and notice thereof will be placed in Applicant’s mailbox. No other notice is required. Applicant shall take note of his/her quarterly billing cycle as failure to pay rental fees when due may result in the assessment of a $10. late fee. There is a five (5) day grace period. Ten (10) days after the due date, however, mail service will be suspended from Applicant’s mailbox and such mail will be held at the front counter. After fifteen (15) days of that due date, a thirty day “notice of service cancellation” will be served to same mailbox and go into effect. Please note that Mail Service does not accept partial payments, prorated fees or provide refunds in the event of cancellation of service by either party.
To the extent the Service or any portion thereof is made available for any fee, you will be required to select a payment plan and provide Outpost Mail Access information regarding your credit card or other payment instrument. You represent and warrant to Outpost Mail Access that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Outpost Mail Access the amount that is specified in the payment plan in accordance with the terms of such plan and this Terms of Service. You hereby authorize Outpost Mail Access to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Outpost Mail Access know within sixty (60) days after the date that Outpost Mail Access invoices you. We reserve the right to change Outpost Mail Access’s prices. If Outpost Mail Access does change prices, Outpost Mail Access will provide notice of the change on the Site or in email to you, at Outpost Mail Access’s option, at least 30 days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on Outpost Mail Access’s net income.
Fair Use Policy.
In order to avoid disruption in Outpost Mail Access’s operations and to protect the quality of services offered to the company’s customers, a fair usage policy shall be applicable to the unlimited delivery option for Premium members. Outpost Mail Access reserves the right, at its sole discretion, to determine which subscribers are in violation of its fair use policy.
Outpost Mail Access may offer “unlimited” delivery services for various subscription plans. The term “unlimited” shall mean that no specific predetermined limit is imposed with regard to number of deliveries scheduled. Outpost Mail Access reserves the right to monitor packages scheduled within its unlimited delivery plan members, and impose reasonable package limits in said plans in regard to its Fair Use Policy. Subscribers found to be in violation of Outpost Mail Access’s Fair Use Policy or those in excess of 50 packages per month will no longer be eligible for unlimited delivery subscriptions, and may be offered an alternative delivery plan option.
Special Notice for International Use; Export Controls.
Software (defined below) available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws.
Apple-Enabled Software Applications.
Outpost Mail Access offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in this TOS, the following terms and conditions apply:
- Outpost Mail Access and you acknowledge that this TOS is concluded between Outpost Mail Access and you only, and not with Apple, and that as between Outpost Mail Access and Apple, Outpost Mail Access, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Outpost Mail Access’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Outpost Mail Access and you acknowledge that Outpost Mail Access, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Outpost Mail Access and Apple, Outpost Mail Access, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Outpost Mail Access as follows:
Outpost Mail Access Inc.
2261 Market Street,
San Francisco, CA 94114
- Outpost Mail Access and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this TOS with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of this TOS, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOS against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks.
You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Outpost Mail Access, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Outpost Mail Access, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Outpost Mail Access.
The Outpost Mail Access name and logos are trademarks and service marks of Outpost Mail Access (collectively the “Outpost Mail Access Trademarks”). Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Outpost Mail Access Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Outpost Mail Access Trademarks will inure to our exclusive benefit.
User Content Transmitted Through the Service.
With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Outpost Mail Access and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Outpost Mail Access are non-confidential and Outpost Mail Access will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Outpost Mail Access may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Outpost Mail Access, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Outpost Mail Access respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Outpost Mail Access of your infringement claim in accordance with the procedure set forth below.
Outpost Mail Access will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Outpost Mail Access’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at:
Outpost Mail Access Inc.
2261 Market Street,
San Francisco, CA 94114
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- a description of the copyrighted work or other intellectual property that you claim has been infringed
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service
- your address, telephone number, and email address
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your name, address, telephone number, and email address
- your physical or electronic signature
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content
- a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Outpost Mail Access will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy.
In accordance with the DMCA and other applicable law, Outpost Mail Access has adopted a policy of terminating, in appropriate circumstances and at Outpost Mail Access’s sole discretion, users who are deemed to be repeat infringers. Outpost Mail Access may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Outpost Mail Access has no control over such sites and resources and Outpost Mail Access is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Outpost Mail Access will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Outpost Mail Access is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release.
You agree to release, indemnify and hold Outpost Mail Access and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service (except as expressly set forth in the Shipment Terms), any User Content, your violation of these Terms of Service or your violation of any rights of another. 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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties.
EXCEPT AS SET FORTH IN THE SHIPMENT TERMS, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OUTPOST MAIL ACCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. OUTPOST MAIL ACCESS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OUTPOST MAIL ACCESS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OUTPOST MAIL ACCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE. EXCEPT AS EXPRSSLY SET FORTH IN THE SHIPMENT TERMS, IN NO EVENT WILL OUTPOST MAIL ACCESS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID OUTPOST MAIL ACCESS IN THE LAST SIX (6) MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
At Outpost Mail Access’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if Outpost Mail Access changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Outpost Mail Access’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Outpost Mail Access in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Outpost Mail Access, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Outpost Mail Access believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Outpost Mail Access may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Outpost Mail Access may immediately deactivate or delete your account and/or bar any further access to such files or the Service, and return all packages associated with your account to the original shippers. Further, you agree that Outpost Mail Access will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with couriers and Outpost Mail Access will have no liability or responsibility with respect thereto. Outpost Mail Access reserves the right, but has no obligation, to become involved in any way with disputes between you and any courier.
These Terms of Service constitute the entire agreement between you and Outpost Mail Access and govern your use of the Service, superseding any prior agreements between you and Outpost Mail Access with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Outpost Mail Access agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Outpost Mail Access to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Outpost Mail Access, but Outpost Mail Access may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
US Postal Service 1583 Form
By completing and signing this agreement and the U.S. Postal Service 1583 form, the original being made available to the U.S.P.S., Applicant appoints Mail Service as agent for the receipt of his/her mail for a period not to exceed that for which rent has been paid in advance. Information provided by Applicant will be kept confidential and will not knowingly be disclosed without Applicant’s prior consent, except for law-enforcement purposes, in which case Mail Service intends to full comply. Applicant will not use the mailbox for storage and agrees to pick up mail at least twice a month, or arrange to have an agent pick up mail in his/her place.
Everyone who receives mail at Applicant’s mailbox must complete a 1583 form and submit two forms of identification one of which must include applicant’s name, current home address a picture. The second id can be a submitted utility bill, rent receipt, vehicle registration further validating Applicant’s identity. Photocopies of identification will remain in customer’s file as stipulated by California law. It is Applicant’s responsibility to inform Mail Service of changes to his/her home address or phone number and to fill out a new 1583 form per Mail Service request when such changes do occur. Mail will not be accepted for more than one (1) person or organizations at a single mailbox and each party must fill at a separate 1583 form. After one (1) Listings, Mail Service may charge an additional fee per month for such added names. Charges for mailbox rent are based upon average daily mail volume and activity. Special circumstances—e.g. mail overflow, excessive packages, late rental payments, etc.—may require the assessment of additional fees which are subject to change at any time.
Not withstanding the terms outlined above concerning mail delivery, Applicant instructs Mail Service to accept trackable letters/packages, registered, certified and privately delivered articles on applicant’s behalf by signing Box #6 in the 1583 form and furthermore provide advance notice and payment of c.o.d. charges. In consideration for this service and the substantial responsibilities involved therein, Applicant expressly releases Mail Service from all responsibility of loss, damage or the disposition of said accountable and regular mail after placement in Applicant’s mailbox or articles held at the front counter. In accordance with this release Applicant therefore waives any and all rights of claim against Mail Service with regards to accountable and regular mail.
Delivery and Notification
Applicant agrees that once Mail Service has placed Applicant’s mail, small packets and dated mail service notices in the assigned mailbox, the mail and such notices shall be deemed to having been delivered, with no contest in regards to such delivery. Mail Service is not responsible for loss, theft or failure of the U.S. Postal Service, UPS or any other courier to deliver mail and packages in a timely fashion or undamaged condition.
Applicant agrees to keep Mail Service informed of his/her current phone number facilitating Mail Service’s phone notification service. Once informed by phone with an accompanying written notice being placed in the mailbox, Applicant agrees to have been notified with no contest and to pick up the oversized item within forty-eight (48) hours of such notification during posted store counter hours. After that time Applicant agrees to pay a fifty (50) cents per day storage charge applicable to each and every package addressed to Applicant. With scheduling conflicts due to travel or conflicting working hrs, packages may be released to a designated pick up agent as long as Applicant notifies Mail Service in writing or by phone.
Applicant shall either use PMB or the number symbol ( # ) before his/her box number in the mailing address. No other designation is valid—e.g. suite, apt. p.o. box, room, studio etc. If Applicant does not comply with this required address protocol as outlined by the U.S. Postal Service, he/she runs the risk of having mail returned to the sender, and in the case of flagrant non-incidental violations, cancellation of mail receiving services. Consequently Applicant shall indemnify Mail Service from any loss suffered thereof. Applicant is responsible for notifying all correspondents, publishers, governmental agencies, utility companies and any other concerned parties of his/her correct mailing address
Applicant understands that the relationship of the parties hereto is one of bailment and not landlord tenant. The key loaned to Applicant shall remain the property of Mail Service. There is a $15. non-refundable deposit covering setup and onetime final forwarding charge.
Applicant agrees to abide by Mail Service in-house rules as stated in this agreement, which are posted elsewhere at Mail Service’s location and web site as well as Local, State or Federal statutes and regulations. Failure to do so may result in a thirty (30) day written notice of cancellation of mail receiving services. Applicant is encouraged to review Mail Service’s e web site http://www.outpostmailaccess.com/terms for changes in procedures policy and pricing.
Applicant agrees to protect, indemnify and hold harmless Mail Service from and against any and all claims, demands and causes of action of any nature whatsoever relative to use of Mail Service facilities or services, and any expense incurred in a defense of same shall be reimbursed by Applicant. Should Mail Service commit or fail to commit any act which results in disruption of service and Applicant thereby suffers a loss, Mail Service’s liability shall be limited to not more than the rental fees paid by Applicant for service not yet received.
Applicant fully understands that the U.S. Postal Service does not forward mail from a commercial mail receiving center (cmra) and will not accept a change of address form. Applicant is advised to inform all concerned parties, well in advance of anticipated mailbox closing, of his/her new mailing address. Important! After closing or cancellation of service, Applicant’s mail will no longer be available for pickup at the front counter. If Applicant wishes mail forwarded after termination, he/she shall provide Mail Service with
A forwarding address in writing e.g. Cancellation of Mail Receiving Services Form available at the counter and
Payment for postage and forwarding fees as determined by Mail Service (See attached schedule.).
If Applicant fails to do this, Mail Service shall refuse any further mail and, in the case of mail already received, handle such mail in accordance with USPS DMM D042.2.6 regulations.
Notice for California Users.
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Outpost Mail Access Inc., 2261 Market Street, San Francisco, CA 94114