Last modified: December 21, 2016
1.1. EARTH CLASS MAIL, INC. (interchangeably referred to as "Earth Class Mail", "ECM", "we", "us", and applicable possessive pronouns), a Delaware Corporation, operates Earth Class Mail (tm) Internet-powered postal mail, check deposit, and related services (“the Services”) and the website at www.EarthClassMail.com ("the Website"). "Earth Class Mail, Inc." includes the company's owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns. The Services are provided to you (also "Customer") under the terms and conditions of this Agreement and any modifications to it that we may make from time to time and all other terms, conditions, rules of operation or policies that we may make from time to time.
1.2. As used in this Agreement, the term "Customer" means Customer, or you, as well as all users of the Services through your account, including through the use of sub-accounts that you may create, allow to be created by other users, or otherwise have reason to know exist within your account (each, a "User"). You represent and warrant that you have authority to bind to this User Agreement other Users in your account as if such Users were the legal person referred to as "Customer" and "you" herein, and that you will indemnify us against any claims by such Users that are premised on assertions they are not bound by the User Agreement. You represent and warrant that you are the authorized User and (if applicable) signatory to the payment mechanism used to open and maintain your account, you agree that you are responsible for any use, activity, and charges incurred by you and Users under your account, and you authorize us to charge your payment mechanism for all charges incurred by you and any and all Users.
2.1. ECM hereby grants you a non-exclusive, non-transferable, worldwide right to use the Services, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by ECM and its licensors.
2.2. You may not access the Services if you are a direct competitor of ECM, except with ECM's prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
2.3. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Services or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. User licenses cannot be shared or used by more than one individual User but may be reassigned from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Services.
3. Compliance with Agreement.
This Agreement governs your use of the Services and Web sites. We reserve the right, from time to time, with or without notice to you, to change this Agreement in our sole and absolute discretion, effective upon posting of an updated version of this Agreement on the Service, an email to your account on record, notification upon logging in, or insertion into your Earth Class Mail online postal mail account (the “Mail Viewer”). By continuing the use of the Services, you agree to be bound by the modifications or amendments to this Agreement, including any materials available on the Website that are incorporated by reference herein, including but not limited to our privacy and security policies. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these terms and conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. The most current version of the Agreement, which supersedes prior versions, can be reviewed by clicking on the "User Agreement" link on the Website.
4. Term and Termination.
The Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in a separate agreement, commencing on the date you agree to pay for the Services by completing the online subscription form, or on the start date of the separate agreement. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at the fees in effect for the Services package you ordered at the start of the Initial Term; if we no longer offer that Services package, we will automatically place you on a package representing its closest equivalent, as measured by features and pricing. Notwithstanding the foregoing, we may terminate this Agreement in our sole discretion.
In the event we receive Mail (defined below) after the expiration or termination of this Agreement, we may stamp such Mail “Return to Sender” and/or direct the sender of such Mail to immediately cease sending any Mail to us.
5. Earth Class Mail and Related Services.
5.1. Making Earth Class Mail, Inc. Your Designated Agent for Mail. "Mail" means letters and flats, packages (which include parcels), regardless of the nature of the carrier or delivery mechanism. You must complete United States Postal Service ("USPS") Form 1583 per its and our instructions, the latter in the Mail Viewer’s Postal Consent Wizard and at www.earthclassmail.com/RedirectingMail, in order for us to provide any of the Services. Failure to deliver to us a properly completed USPS Form 1583 or any other required information may result in Mail being sent prematurely to us; such Mail may be charged standard induction fees and stamped "Return to Sender.” Further, you may authorize us to direct the sender of any Mail delivered to us on your behalf to immediately cease sending any Mail to you or us on your behalf. In such case, you hold us harmless from any and all claims arising out of the same.
5.2. Restricted Mail Delivery. You acknowledge and agree that we will not accept restricted delivery mail, packages, or parcels on your behalf unless you specifically authorized us to do so on the USPS Form 1583 that you filed with us or through modifications to that form on the Website. You also acknowledge that we can only guarantee acceptance of certified, registered, or restricted-delivery Mail, packages, or parcels at designated Earth Class Mail street addresses, where an Earth Class Mail employee is present to receive them, and that such items may not be accepted at Post Office Boxes. Once you have so authorized us, we will sign for any and all Restricted Delivery Mail that we receive as addressed to you.
5.3. Postage Due. We will not accept "postage due" or COD Mail on your behalf unless you have previously arranged and paid for such acceptance with us. At our sole discretion, we may refuse to accept "postage due" or COD Mail on behalf of Customer.
5.4. Mail Forwarding or Reshipping
5.4.1. Generally. You agree that reshipped Mail is considered to be delivered by us, and any and all of our responsibilities with respect to it terminated, as soon as it is placed in the care of the USPS or other Mail-carrying service. This means that notwithstanding any other provision in this Agreement, once Mail has been placed in the care of the USPS or other Mail-carrying service for reshipment to an address outside our facilities as requested by you, we are not responsible for your Mail, its arrival, or the speed of its delivery. You expressly release us from all further responsibility or liability with respect to reshipped Mail. You also agree that we are not responsible for Mail that is subject to a change-of-address (COA) order with the U.S. Postal Service unless we can be shown beyond any doubt to have actually received such Mail; you assume all risks of using COAs to have the U.S. Postal Service send your mail to us. We are not responsible for the U.S. Postal Service’s compliance (or non-compliance) with your COA request.
5.4.2. International Parcel and Package Forwarding. If you request forwarding or reshipping of Mail across national borders, you acknowledge that compliance with international laws and treaties requires us to open and inspect all packages (as well as letters and flats that appear to us to contain something other than documents) that we receive before forwarding or reshipping such packages to another country, and you grant us your consent to open any such packages directed to you and delivered to us. Packages that are not, in our sole discretion, capable of being shipped without violation of such laws or treaties, will not be shipped outside the country in which we received them. For such packages, we are not responsible for taking any action other than forwarding the parcel or package, at your expense, to an address in the country in which we received it.
5.4.3. Undeliverable and Non-Returnable Mail. Mail that is insufficiently addressed for us to correctly determine the recipient but that does identify the correct account may be delivered to the unassigned mail folder of the administrator of your account. If (a) any Mail is insufficiently addressed for us to determine its recipient or we are unable for any other reason to deliver the Mail to its recipient, (b) we are unable to return the item to the delivering carrier or the sender, and (c) no customer has claimed the Mail within 30 days of receipt by us, we reserve the right to open the Mail in order to attempt to determine the intended recipient or sender. If, after opening the Mail, we remain unable for any reason to deliver the Mail to its intended recipient or return it to its sender, we will dispose of the Mail in our sole discretion without compensation to anyone claiming to have been the owner. You hereby waive any rights, and release and hold us harmless from any claims, respecting such Mail that satisfies conditions (a) through (c) of this subsection.
5.4.4. Checks and Currency. You acknowledge that unless you are paying for a plan that expressly includes check deposit services, our responsibility for checks delivered to us but not by us to your online account is limited to reasonable, documented stop-check fees. You agree that we are not responsible for cash delivered to us or for any monetary instruments once they have been placed into the care of a third-party carrier. You acknowledge that you and your senders send cash through the mail or via carriers at your and their own risk, and you solely assume that risk. In accordance with United States law, we will not create scanned images of currency; other scanning-related charges will apply to any request to open and scan envelopes containing currency.
5.5. Your Earth Class Mail Mailing Addresses. We will provide you with one or more mailing addresses (the “Remote Addresses”) at which you will receive Mail using the Services. You acknowledge that while we endeavor to maintain the availability of the Remote Addresses, we are not liable for changes in their availability, and your sole recourse other than termination is to notify mailers that your mailing address has changed to a different Remote Address to be chosen (and, if applicable, paid for) by you. You agree that in posting or otherwise alerting potential correspondents of your Remote Addresses you will not modify or alter the format of the Remote Addresses, including but not limited to not omitting the ECM number (e.g., #1234). You acknowledge and agree that we have no responsibility or liability for Mail that is not properly addressed according to the format we provide, to USPS specifications, or consistent with any other terms of this Agreement. You agree that if we notify you that certain mailers are using an incorrect format for the mailing address, you will timely ask such mailers to update their address information. In the event that an unreasonably high percentage of your Mail is improperly addressed to you at any Remote Addresses, we reserve the right either to suspend your account or to charge you with surcharges to cover the charges of manually processing such Mail.
5.6. Representation of Address. You agree not to represent or misleadingly suggest, whether orally, in writing, photographically, or otherwise (including but not limited to placement on a website of photos purporting to depict your place of business at a Remote Address or by any invitation to any third party to visit such place that any Earth Class Mail address (including any Remote Address) is a physical address at which third parties can find you or that third parties, whether seeking you or otherwise, may physically visit. The determination as to any such representation or misleading suggestion will be made by Earth Class Mail in our sole discretion. You agree not to publish a Remote Address if you are not current in your payments to us. If you list your Earth Class Mail address in media accessible to the public, such as business cards, brochures, websites, or emails, you agree to include your Earth Class Mail number on the address. Breach of this sub-section may in our sole discretion result in termination of your account without refund or a penalty of $50 plus $50 for every day the violating content remains in use beyond seven calendar days after we notify you of the violation.
6. Customer Account.
6.1. When registering for a new account with us, you will enter a confidential password for use in accessing your account via an online web interface. Other individuals under your account will also receive passwords. You shall maintain the security and confidentiality of all passwords provided. You agree to notify us immediately if you have reason to suspect unauthorized use of your account.
6.2. Upon registration for the Services, you must provide the name, address and contact information for yourself or a trustee (the "Trustee"), if other than you, in the event your account is terminated and your Mail and/or documents remain in our inventory.
6.3. You may use the Services for the mail or checks of only the number of individual recipients and business names provided for in your selected plan. A business name includes any term that refers to someone other than an individual, and includes both legal entities and d/b/a’s.
6.4. Earth Class Mail delivers the Services, in part, by alerting customers to the presence of Mail in their accounts and to the availability for download of scanned images of their Mail. To facilitate such alerts, you agree to maintain current email address information for each named user in the “Manage Recipients” section of the “Manage Account” section of the Website.
6.5. Mail Services. You authorize us to scan the outside of your Mail; provided, however, that you acknowledge we may decline to scan the outside or contents of Mail that in our sole discretion we deem to be obscene, an incitement to hate or violence, or contrary to law. From your online account interface, you may direct us to perform the following fee-based actions in respect of your Mail (and when you so direct us, you authorize us to do so): forward Mail to an address you specify, forward Mail to another account, open and scan the internal contents of the Mail envelope, shred or recycle the Mail envelope and its contents, store the envelope and its contents, sign scanned documents electronically, unsubscribe from or opt in to mailing lists, or perform any other actions that we may offer. The Services may include in-person will-call for customers using certain Remote Addresses as we may, from time to time, designate.
6.5.1. You are responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of your account. We are not responsible for items that are recycled or shredded as a result of operational processes from a specific customer request. You must immediately alert us of any fraudulent, unauthorized, illegal or suspicious use of the Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
6.5.2. You acknowledge that we deliver Mail to accounts; we do not warrant that Mail shall never be mis-assigned to another named user within an account or to another account and you acknowledge that in such cases we are not liable to the intended recipient and will make our best efforts to notify both the intended recipient and the unintended recipient immediately upon discovery of any error, and to remove the item from the unintended recipient's account.
6.5.3. You acknowledge that we take our customers’ privacy seriously; therefore, in the event, however unlikely, that Mail content belonging to a user outside of your account appears in your account by means other than a Transfer from the addressed user (hereafter, "unauthorized mail"), you agree not to request any action with respect to such Mail piece other than to select it via the check box associated with it, click the "Return" button, and immediately notify our customer service department via www.earthclassmail.com/Contact. You further agree not to view, read, copy, print, or otherwise distribute, disseminate, disclose, or use for any purpose any content or information on or within a piece of unauthorized Mail. You agree that violation of these terms shall expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your account and a stipulated penalty, the reasonableness of which you consent to, of all funds in your account.
6.5.4. If you share an account with one or more other users, and a Mail piece is addressed to more than one of you, we will attempt to deliver the Mail piece to the first-listed user. If a user in your account other than you requests processing of Mail addressed (solely or jointly) to you, you release and hold harmless Earth Class Mail for carrying out any and all such user-requested actions with regard to such Mail piece.
6.5.5. Note that because the Services are a hosted, online application, we may occasionally need to notify all users of the Services of important announcements regarding the operation of the Service, including notifications of scheduled downtime for maintenance and upgrade. You agree that we are not liable to you for any losses or damages occasioned by downtime.
7. Service Pricing.
We provide the Services under this Agreement pursuant to prices published on the Website, including at www.earthclassmail.com/Pricing ("the Pricing Page") which is incorporated into this Agreement by reference, or as provided to you in a customized pricing schedule (as applicable to you, "Service Pricing"). You hereby subscribe to Services under the Service Pricing chosen by you. You acknowledge that you have website access to a schedule detailing the monthly fees (hereafter, "Monthly Price Plan") and all other fees applicable to all Services. All fees charged pursuant to this Agreement are subject to change by us. You agree to pay all activation fees, Monthly Price Plan fees, Mail forwarding and storage fees, and other charges incurred for the Services Pricing Schedule chosen by you (including charges incurred by persons using your account) and/or for all Services. Services not used in any billing cycle may not be carried over into the next billing cycle.
8. Funding Your Account
8.1 Definitions: Account Balance and Credit Limit
8.1.1 Your Account Balance is the total amount of money in your account used to pay for your Monthly Price Plan. A credit is an amount added to the Account Balance, such as funds received from your payment mechanism. A debit is an amount subtracted from the Account Balance, for reasons including renewing your chosen Monthly Price Plan.
8.1.2 Credit Limit is the total amount of credit we extend to your account.
You agree that we may immediately charge you for all charges or monies owed by you to us. Charges are applied as debits to your Account Balance. By using the Services, you are expressly agreeing that we are permitted to bill you charges associated with the Service Pricing, any applicable tax, customs duties, and any other charges you may incur in connection with your use of the Services. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your payment method. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information in your account. If your designated payment method reaches its expiration date, your continued use of the Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts.
10. Suspension and Account Locking.
Your account will be placed in suspension ("Suspension") if your Account Balance is less than -$25 or a custom credit limit we have set for you and we are unable to complete a funding transaction. If your account is placed in Suspension, it will remain functional, but all service requests will be rejected for lack of funds and execution of pending Services will be suspended. You will continue to incur charges in respect of your account. Suspension will end only upon our receipt of amounts sufficient to cause your Account Balance to be greater than or equal $0. We may also lock your access to your account in the event we have a reasonable basis to believe you are using it for illegal purposes or in violation of this Agreement.
11.1. You agree and acknowledge that we may at our sole option cancel the Services and terminate this Agreement for any cause at any time and without notice. Any notice we choose to give may be provided in written, e-mail, or other electronic form. Notwithstanding the above, we may terminate this Agreement immediately for cause. You agree that for purposes of this Agreement the actions or failure to act of any User in your account will be attributed to you. Good cause shall include but not be limited to:
11.1.1. Your account remains in Suspension for more than 30 consecutive days;
11.1.2. Your behavior towards our employees or other customers is offensive, abusive, violent, threatening or disruptive;
11.1.3. You fail to provide or we are unable to validate correct and accurate contact and personal information that we require of all customers;
11.1.4. You fail to cooperate or provide information in connection with any investigation undertaken by a local, state, or federal authorities, or equivalent governmental agency;
11.1.5. We determine that the payment mechanism provided by you is likely being or will likely be used in a fraudulent manner; or
11.1.6. You violate any provision of this Agreement or any other terms and conditions posted by us, or breach any representations or warranties made hereunder.
11.2 Termination by You. Except in cases of your failure to pay, your notice to terminate your account will not be final until you have, to our satisfaction, confirmed your identity and authorization to terminate the account in question.
11.3 Once we notify you of termination or approve your notice of termination, your account will go into a Closed status. In Closure, you will no longer incur periodic charges in respect of your account. We reserve the right to use any Account Balance to pay any past due fees and other charges due. You acknowledge that U.S. Postal Service regulations prohibit customers of Commercial Mail Receiving Agencies from filing a change of address form with the USPS, and that you are prohibited from requesting that we refuse Mail, return it to sender, hold Mail during the six months following your notice of termination and return it to the post office, or redeposit Mail in the mails without new postage.
11.4 Re-opening of Account. You may only reopen your account while it is in Closed status, for a reactivation fee.
12. Services After Closure; Refunds.
12.1. At the time of Closure, the following will be immediately in effect:
12.1.1. Account Closure: You will continue to be able to log in to your online account for six (6) months; however, you will be unable to use any of the Services unless and until requested by you and approved by us.. You waive and release us from compliance with any obligation to forward or re-mail Mail received after your account has been terminated and specifically agree that we have no obligation to forward or re-mail Mail to you except as expressly stated in this Agreement. The foregoing is intended to be a written instruction from you to us that your Mail need not be re-mailed to you as otherwise required in the USPS Domestic Mail Manual's conditions for Commercial Mail Receiving Agencies.
12.1.2. We will cancel execution of your pending Services and delete the corresponding service requests from your account. All USPS Mail will be held in inventory until you reopen your account or your account becomes Terminated.
12.2 Six (6) billing cycles after your account has been Closed, it will be terminated. All USPS Mail held in or delivered to the account will be recycled. Non-USPS Mail delivered to the account will still be returned to the senders.
12.3. Six billing cycles after closure, you agree to the following:
12.3.1 Any Mail that we receive for your account may be classified as Undeliverable and Non-Returnable Mail and may be assessed an induction fee of $.35 per piece of Mail. USPS First-Class, Priority, Express, accountable, and Parcel Post Mail that newly arrives will be returned to the respective senders. USPS Standard Class Mail that newly arrives will be recycled by the system. If any Mail cannot be returned to the sender and you have provided us with no further instruction as to its disposition, we reserve the right to consider such Mail abandoned property and to dispose of it as we see fit.
12.3.2 You acknowledge that you have sole responsibility for notifying mailers of a mailing address other than the Remote Addresses.
12.3.3. We will refund any remaining Account Balance to the account's designated payment method within 45 days of Closure; provided, however, that we will have no obligation to refund to you any fees if you utilized the Services in facilitation of a spam, fraud, identity-theft scheme, or any other service. In addition, we will have no obligation to refund activation fees; periodic fees such as prepaid Monthly Price Plan charges; any monies that were charged to fraudulently obtained credit cards, are associated with use of your account for activity that in our sole discretion we deem fraudulent, or were credited to your account but not paid by you. If you provide notice of termination of your account within 120 hours of your account’s creation, you may request a refund excluding activation fees; if you did not pay an activation fee, then you may request a refund less a cancellation fee of $25. If you request a refund more than 120 hours after your account’s creation or after we have received mail on your behalf, you may receive a refund of your Account Balance, but Monthly Pricing Plan fees and activation fees will not be refunded. No other refunds are granted except as stated expressly herein or at our sole discretion.
13. Customer-Returned Mail.
If you refuse or fail to accept Mail forwarded from us pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Mail at Earth Class Mail, Inc. At our request, you must sign for or otherwise acknowledge its acceptance of all Mail sent to you by us.
14. Compliance With Laws; Your Information.
14.2. Service of Process.
14.2.1. On Us as Your Mail Agent. Because many jurisdictions may permit service of process on the “tenant” of a “mail agent” by, among other things, hand-delivering such process to the facility of a mail agent such as Earth Class Mail, you acknowledge that service upon you may be effected by such means and you hold us harmless from any and all claims arising out of such attempted service.
14.2.2. By Mail, In-Person, or Substitute Service. Where applicable law permits a process server to serve you by mail, including where a court of law permits substitute service on grounds you cannot be reached by any other reasonable means or applicable law requires service to be delivered in person, we assume no liability should you be deemed to have accepted process as a result of service of process involving us or the Services.
14.3. You also agree to comply with U.S. laws and the laws of your own country. You will not knowingly use the Services to either receive or send illegal materials or controlled substances. You represent and agree that you will not use (or knowingly, recklessly, or negligently allow to be used) the Services for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity with USPS regulations or other applicable laws, statutes, rules and regulations. If we suspect that the Services have been used for any unlawful, fraudulent, or illegal activities, we may inspect your Mail and we may immediately terminate this Agreement and Services. You specifically indemnify us and hold us harmless from any and all liability, claims, damages, losses or causes of actions arising from such inspection of your Mail or from the release of information regarding you or your use of the Services to any local, state, or national agency or to the USPS, or to a private party whose subpoena you fail to contest as specified by us. Except as provided herein, we will preserve the confidentiality of your Mail's contents with respect to third parties and will not use or disclose information contained in your Mail other than as permitted herein and/or to carry out the purposes for which you disclosed that information.
15. Fraud Policy and Prosecution.
You agree and acknowledge that you will not use or permit the Services to be used for any illegal purpose. If we in our sole discretion suspect that your application or payment method is fraudulent, or if you are attempting to cause us to ship goods to countries that prohibit such shipments or to which the shipment of such goods from the U.S. is unlawful, then we may in our sole discretion immediately suspend your account without refund and turn all related information over to any or all of the USPS Office of the Postal Inspector, the U.S. Federal Bureau of Investigation, the applicable State Attorney General or Embassy with jurisdiction, and other local and national law enforcement authorities. In other words, if you're thinking of using our Services to facilitate the commission of fraud or of using a stolen credit card to pay for either our Services or merchandise that you want us to forward-ship, do please think again
16. Check Deposit.
This section shall govern your use of Earth Class Mail’s check deposit services.
16.1 ECM and its agents and partners (“we,” for purposes of this Section 16) are providers, not insurers. You acknowledge that data processing involves the risk of human and machine errors, omissions, delays and losses, including inadvertent loss or misstatement of data that may give rise to loss or damage. Accordingly, you agree that WE SHALL BE NOT LIABLE FOR ANY ERRORS, OMISSIONS, DELAYS OR LOSSES UNLESS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WE SHALL NOT BE LIABLE FOR ANY LOSSES WHATSOEVER INCURRED BY YOU ARISING OUT OF ANY NEGLIGENCE, ERRORS, OMISSIONS, VIOLATIONS OF THE LAW, DELAYS OR LOSSES ARISING FROM ANY THIRD PARTY, including but not limited to circumstances of insufficient funds, closed accounts, fraud, insolvency or bankruptcy. In no event shall we be liable for any unauthorized, counterfeit, altered, or forged signature on any check, electronic item or substitute check processed as well as indirect, special or consequential damages even if we have been advised of the possibility of such potential claim, loss or damage from you. The foregoing limitation of liability and exclusion of certain damages shall apply regardless of the success or effectiveness of other remedies. Notwithstanding anything to the contrary contained herein, we shall not be responsible for delays in receipt of your information or processing because of causes beyond our reasonable control, including, without limitation, failures or limitations on the availability of third party telecommunications or other transmission facilities or your failing to properly enter and/or transmit information.
16.2 Check Deposit Service. You are solely responsible for identifying the presence of checks in your Mail, and you are solely responsible for the consequences of any actions you request with respect to such Mail or checks, including shredding, recycling, or other dispositions that prevent your possession of the check or its funds. If you elect to use the Check Auto-Deposit feature, you agree that we may open Mail addressed to you in order to remove and process any checks contained within.
16.3 Fees. By submitting your virtual check-deposit slip, you authorize us to submit the check(s) selected to the bank you select or a processing intermediary and to charge your account with the non-refundable handling fee and monthly fees applicable to your pricing plan and as published on our website.
16.4 Endorsement. Your submission of checks marked for deposit constitutes your valid and effective endorsement of any such checks selected. We are not responsible for incomplete or fraudulent endorsements, for your purported endorsement on behalf of other parties named as payees on any check, or for your endorsement’s consent to binding legal terms that may be contained on the check’s face or back side.
16.5 Force majeure. We are not responsible for deposit delays due to war, weather, terrorism, or other acts of God.
16.6 Hold Harmless. Our maximum liability on any check that can be shown to have been delivered to us and subsequently lost or damaged by us is any fees we charged for deposit and any documented stop-check fees you may reasonably incur.
16.7 Deposit Amount. Where deposit amounts are to be entered by you, you are solely responsible for entering the correct amount. We and our service providers disclaim any responsibility for entry of correct deposit amounts or corrections of amounts you enter erroneously. Where deposit amounts are extracted from a check by machine or by us, we will make commercially reasonable efforts to do so accurately but are not responsible for any financial loss.
16.8 Check Suitability. We accept no responsibility for checks you have chosen to deposit that are void, past their valid date, or otherwise not valid, including the consequences of your bank not accepting the check, not depositing the funds, or assessing fees to your account. We are also not responsible for depositing checks that are illegible to our check scanning equipment or unacceptable to our agents or your bank. All checks must be drawn on U.S. banks in U.S. dollars. You acknowledge that not all checks can be processed through our system and be accepted by your bank. You will pay all applicable service fees in connection with our attempt to process the check.
16.9 Banks. You agree to all terms and conditions imposed by your bank. Your bank may bar you from using our check deposit service.
16.10 Compliance. We reserve the right to inform your bank if your Earth Class Mail account becomes locked for fraud or you violate provisions of the User Agreement that in our sole discretion we deem material.
16.11 Continuity. We are not responsible for continuing to provide services to you if your bank withdraws from the program, increases its fees, or imposes additional requirements on us.
16.12 Surcharge. You acknowledge that you may be assessed a surcharge on checks that cannot be normally processed through our system, whether for reasons beyond your control or, for example, because you improperly entered a check amount that required correction.
16.13 Checks Returned for Insufficient Funds. We will assess a fee that we deem reasonable in our sole discretion for checks returned for insufficient funds.
17. Hold Harmless.
You agree to protect, defend, indemnify and hold us harmless from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys' fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from: (i) this Agreement; (ii) the Services provided to you by us; (iii) your use of the Services including without limitation any copyright infringement claims that could arise from our scanning documents at your request; (iv) the failure of any third party, USPS or any commercial delivery or courier service, to provide delivery or courier services accurately and on time; (v) loss, damage, or destruction of your Mail by any cause whatsoever whether or not attributable to our negligence or intentional act; (vi) any violation by you of any federal, state or local laws, statutes, rules or regulations; and (vii) for the consequences of any attempts of third parties to serve you with legal process through the Services or at one of our facilities. For purposes of this Agreement, the indemnified parties shall include Earth Class Mail, Inc. and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
- YOU AGREE AND ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DAMAGE TO MAIL, OR LOSS OF MAIL DURING OR AFTER MAILING OR SHIPMENT TO YOU. WE ARE NOT RESPONSIBLE FOR MAIL FOR WHICH THERE IS NO RECORD OF RECEIPT BY US. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT INCLUDE CUSTOMS, TAXES, OR FEES AND THAT EARTH CLASS MAIL INC. IS NOT A CUSTOMS AGENT OR BROKER. YOU ARE SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF YOUR PACKAGES AND SHIPMENTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OFANY NATURE RELATING TO THE SHIPMENT OF MAIL TO YOU. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by you. You acknowledge and agree that we have no responsibility or obligation to insure any mail or shipments sent to you.
- YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY, CORRECTNESS, COMPLETENESS, CURRENCY, OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY LAW. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICES ARE PROVIDED SECURELY OR WITHOUT ERRORS. THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS AND WE MAKE NO WARRANTIES THAT THE SERVICES WILL BE TIMELY, AVAILABLE AT ALL TIMES, OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICES OR THE WEBSITE OWNED OR CONTROLLED BY US IS AT CUSTOMER'S SOLE DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE USE OF THE WEBSITE.
- WE SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. WE SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.
22. Representations and Warranties.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Earth Class Mail represents and warrants that it will provide the Services in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Services will perform substantially in accordance with the online Earth Class Mail help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Services and that your billing information is correct, and that you are not accessing and have not accessed the Services to commit illegal acts or violate Sections 2.2 and 2.3 of this agreement. You acknowledge that your breach of these representations and warranties shall entitle us to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and our attorneys’ fees and costs.
23. Third-Party Interactions.
We may make known to you from time to time, on our Website, via emails sent to you in the normal course of your use of the Service, upon your log-in, or in your online Mail Viewer, certain products and services, of our own or of third parties, that we deem to be reasonably relevant to you. During use of the Services, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Services. Any such activity, and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable third-party. Earth Class Mail and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Earth Class Mail does not endorse any sites on the Internet that are linked through the Services. Earth Class Mail provides these links to you only as a matter of convenience, and in no event shall Earth Class Mail or its licensors be responsible for any content, products, or other materials on or available from such sites. Earth Class Mail provides the Services to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or Services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
24. Governing Law, Jurisdiction.
25. Communications and Notice.
25.1. By using the Services, you consent to receiving electronic communications from us. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to the Services. These communications are part of your relationship with us and you receive them as part of your usage of the Services. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
25.2. Notice shall be deemed given when delivered (if sent by electronic mail, facsimile, or delivery service) or five (5) days after being deposited in the U.S. mail, postage prepaid, or two (2) days after sending the notice via a commercial courier service to your address on Form 1583. Electronic mail notices to you shall be sent to the e-mail address provided in your profile (including the named Trustee), or as updated by you with appropriate notice, including through your profile on the applicable Website(s). It shall be your responsibility to ensure that we have a current e- mail address for you and your Trustee, and we shall not be responsible for failure to provide notice if the e-mail addresses provided by you is not valid or functioning.
In the event that any provision or modification of this Agreement shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this Agreement, but all other provisions of this Agreement and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time, such failure shall not operate as a waiver thereof.
You may not assign this Agreement without our prior written approval. This Agreement may be assigned by us without your consent.
29. Entire Agreement.
This Agreement and the pages referred to herein contain the entire agreement relative to the protection of information to be exchanged hereunder, and supersede all prior or contemporaneous oral or written understandings or agreements regarding this issue. This Agreement shall not be modified or amended, except as expressly provided herein or in a written instrument executed by the parties.