Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE OR RELATED SERVICES.
Last Updated: March 30, 2023
Please read these terms of service (“Terms”) carefully as these Terms constitute a binding contract between the user that accepts this Agreement (“Customer” or “you”) and Earth Class Mail, Inc. (“ECM” or “us”) governing your use of the products and services available through ECM, including our website (the “Site”) and any mobile applications (each an “App”) through which they may be made available (the “Services”). By checking an opt-in box, clicking on “I accept,” or accepting these Terms on the sign-up page, installing the App, or otherwise accessing or using the Services, Customer acknowledges that they have read, understood, and agree to be bound by and comply with these Terms. If Customer is using the Services on behalf of an entity, then Customer represents that they: (i) are an authorized representative of that entity with the authority to bind that entity to these Terms and (ii) such entity agrees to be bound by these Terms. If Customer does not agree to the terms of this Agreement, then they are not permitted to use the Services.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use our Site, Apps, or Services. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact our Customer Care Center or via email at [email protected].
I UNDERSTAND THAT THESE TERMS CALL FOR THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO ME IN THE EVENT OF A DISPUTE AS DESCRIBED IN THE ECM ARBITRATION AGREEMENT, CONTAINED IN PARAGRAPH 9, BELOW.
Mailbox, Mailroom, or Business Address Plan. If you purchase our Mailbox, Mailroom, or Business Address Plan (“Plan”), the following terms apply to you.
Included Services. ECM will receive your letters, flats, and packages conveyed by the postal system, including private courier services (“mail”) during regular business hours (based on the location at which the mail is received), excluding ECM holidays. Once received, ECM will post images of the envelope or container for the received mail, other than Discarded Mail, to your account. Depending on the Plan you have purchased and the instructions you have provided us, we may either open and scan the contents of the mail or wait until we receive your instructions on how we should proceed.
Who we can accept mail deliveries from. We will accept deliveries from the United States Postal Service, overnight couriers, UPS, Federal Express, DHL, and any other couriers included in your Plan for the location(s) you have selected as mailing addresses. The couriers we will accept delivery from at each available mailing address are listed at https://www.earthclassmail.com/addresses. We reserve the right to modify the list of couriers from whom we can receive mail at any time, at our sole discretion.
Discarded Mail. We may elect to discard bulk mail and advertisements that we receive as part of your Plan rather than scan and post such mail to your account (“Discarded Mail). This includes flyers, catalogs, circulars, magazines, and similar mail.
Shipping. When instructed by you, we will ship your received mail for an additional charge to the address you have provided us. This may include placing the mail in a new container for shipment. We will ship your mail through a shipping method of our choice unless you specify a specific courier or the shipping service you select is unavailable. If the address provided is insufficient or the courier is unable to complete the delivery, your mail may be returned to ECM and re-delivered to your account. If any mail is returned, we may charge you additional fees to accept the returned mail. You may reship the mail for an additional charge.
International Shipments. International Shipments are mail that contains or appears to contain material other than documents that are either (i) shipped from outside the United States or (ii) you instruct us to forward across international borders. We may open International Shipments and inspect the contents regardless of the country of origin if required to do so by applicable law, including international treaty law. We will not understate the value of the contents of a shipment and we reserve the right to correct any Customs declarations. This may result in additional taxes or duty fees, to be paid by you or your recipient. We will not ship received mail in violation of applicable law or regulation, including applicable export/import laws including shipments to U.S.-embargoed countries or to any person on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department’s Office of Foreign Asset Control (OFAC). We may refuse, return, or dispose of packages sent to us from outside of the United States without notice to you. International Shipments deemed undeliverable may be abandoned or returned to ECM for an additional charge.
Return to Sender. You may request ECM return United States Postal Service (“USPS”) mail to the original sender. For any non-USPS carrier, you must ship the item to yourself for an additional charge and handle the return of the item on your own.
Check Deposits. If your Plan includes check deposits, we will electronically endorse checks that we reasonably believe are payable to you and deposit them to your bank account in accordance with your instructions. We will send checks to your bank by physical mail. We are not liable for any checks that are mishandled or lost before arriving at, or once they have left, any Earth Class Mail facility.
Delivery of ambiguously addressed mail. We will use our best efforts to deliver your mail in accordance with USPS regulations. Where ambiguity arises because mail is addressed to two or more authorized individual recipients, we may deliver the mail to any authorized addressee. If we can identify mail as being intended for your account, but not an individual recipient, we will deliver the mail to your unassigned mail folder. Failure to include the PMB number in the address is considered an insufficient address and may prevent delivery to your account. If we are not able to match mail to an account, we may return the mail to the sender or discard the mail at our sole discretion.
Misdeliveries. We do not warrant that mail or digital scans will never be misdelivered. You acknowledge that in the event of misdelivery, ECM is not liable for the misdelivery. In the event mail or digital scans are misdelivered, we will make our best efforts to notify both the intended recipient and the unintended recipient of the error and seek retrieval of the mail from the unintended recipient, if feasible.
Third-party services. We may offer features that allow you to integrate our Site and Applications with third-party services. We do not endorse any service for which we offer an integration feature, and make no commitments to you regarding those services. Our integration features may be unavailable or may not work properly if the third-party’s API is unavailable or if the third party modifies its API or services in a way that impacts our integration feature. We may discontinue an integration feature at any time without notice. Your obligations under the Agreement, for fees and otherwise, are not conditioned on the continued availability of any integration features.
Service Restrictions and Limitations. If you use our Services, the following restrictions and limitations apply to you:
Law Enforcement. We do not violate the law, including USPS regulations and other laws and regulations, such as https://www.usps.com/ship/shipping-restrictions.htm. We may disclose the existence of any mail to law enforcement if we have a reasonable suspicion that the mail contains illegal material or was transmitted as part of illegal activity. We will cooperate with reasonable requests from law enforcement to inspect your mail. We have no obligation to notify you if your mail is inspected or seized by law enforcement.
Postage Due. We do not accept mail that is postage-due or cash on delivery (COD).
Acceptable Use Policy. We do not scan, post, or ship mail that violates our Acceptable Use Policy which is incorporated herein by reference, https://www.earthclassmail.com/acceptable-use-policy. In the event unacceptable mail is delivered to us and not immediately rejected or returned, the mail may be disposed of at our sole discretion and for an additional charge.
Scanning. We do not scan currency or credit cards.
Mail size and weight. If your mail weighs more than 20 pounds or is longer than 19″ on its longest size, 14” on its median side, or 12” on its shortest side, we may refuse delivery of the mail or return it for an additional charge. In the event oversized mail is delivered to us and not immediately rejected or returned, the mail may be disposed of for an additional charge. We do not handle pallets and will refuse delivery of any pallet or return it for an additional charge.
Mail pickup prohibited. You may not pick up mail or the contents of mail at our physical locations.
Mail in transit. We are not responsible for problems that occur during the time mail is in transit to or from ECM. If we ship mail as part of our Services, our responsibility for the mail ends when we have placed the mail in the care of the USPS or another carrier. We are not responsible for delivery times, or damage or loss while mail is in transit to or from our facilities, including the loss or damage of checks, cash, or other valuable items. This includes the movement of mail from an ECM address facility to our operations facility.
Valuable items. Our maximum liability in connection with a shipment is limited to $1,000 per package, regardless of the actual value of a package, and includes, but is not limited to, any loss, damage, delay, misdelivery, or non-delivery relating to the shipment. It is your responsibility to prove actual damages. Exposure to and risk of any loss in excess of $1,000 value per package is assumed by you. The value of a check is limited to the actual cost to have that check reissued, not the face value of the check.
No Resale. Resale or use of ECM Services by a person or organization other than Customer is prohibited. All mail recipients on an account must be included on the USPS Form 1583 and by adding a recipient, you represent that you have the legal right to receive mail on each recipient's behalf.
Your Obligations. If you use our Site, Apps, or Services, the following obligations apply to you:
Ability and authority to contract. You agree that by using any Services, you are at least 18 years of age and you are legally able to enter into a contract. If after your purchase we find that you do not have authority to bind the entity for which you ordered, you will be personally responsible for the obligations in these Terms and the order you placed, including without limitation, the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your company. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we may, but are not obliged to, require additional authentication from you.
Form 1583. Prior to using your ECM address for Services, you must completely and accurately submit a USPS Form 1583 (Application for Delivery of Mail Through Agent) to us for each ECM address on your account. If your Form 1583 has not been submitted or is incomplete, we may refuse delivery of mail to your ECM service address. You must provide all necessary forms of identification for all recipients on the account as required by the USPS for identity verification. If any information on your Form 1583 changes, you must update your Form 1583 with us. You may be required to complete additional Form 1583s for certain recipients, if you add an additional business, or if a new service address is added to your account.
Use of ECM addresses. To any senders, you must provide your full ECM address exactly as provided to you by ECM. You must use the full ECM address everywhere you print or publish it. You may not state or imply that your ECM address is a physical location where you, your personnel, or your operations are physically located.
Notify us of misdeliveries. If we deliver mail to your account that does not belong to you, you must notify us as soon as you discover the error. You may notify us by selecting the “Not my Mail” or similar option for that mail in your online account, or by sending an email to [email protected]. You must not read or take any other action with respect to mail delivered to you in error, other than to notify us that you received the mail in error.
Notify us of irregularities. You must immediately alert us of any fraudulent, unauthorized, illegal, or suspicious use of our Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
Your information. You, not ECM, have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and copyright of your information, and ECM is not responsible or liable for the deletion, correction, destruction, damage, loss, or failure to store any such information. ECM reserves the right to withhold, remove, and/or discard your information without notice for any breach, including, without limitation, your non-payment.
Notify us of HIPAA coverage. If you are a covered entity or business associate under the Health Insurance Portability and Accountability Act, (“HIPAA”), you may not use our Services to receive or process mail that includes “protected health information” (PHI) as defined in HIPAA unless you have notified ECM in advance and ECM consents to process PHI on your behalf.
Fees, Billing, and Automatic Renewals.
Payment obligations. You must pay all fees related to your account in accordance with these terms until you cancel your Service or it is otherwise terminated and your obligations under Section 6(d) are fulfilled. You are responsible for all account fees notwithstanding your failure to submit a valid USPS Form 1583 or otherwise complete the account verification process. Fees include Subscription Fees and Usage Fees. A Subscription Fee is the recurring monthly fee for your Plan. Usage Fees are fees incurred for additional Services charged on a per-item basis, including shipping fees and storage fees, unless otherwise included in your Plan.
Service Term. A Service Term is the period of time during which you are entitled to use our Services. Service Terms renew automatically on a month-to-month basis unless the subscription is terminated or canceled.
Initial Term. You must provide valid credit card information at the time of purchase to allow payment for the initial Service Term (the “Initial Term”). Payment for the Initial Term is due immediately upon purchase at a prorated rate based on the number of calendar days remaining in the calendar month.
Subsequent Service Terms. Subsequent Service Terms will be billed on the first day of each calendar month (“Billing Date”) for the preceding month and will include Subscription Fees and Usage Fees for the preceding month. Your Service will renew automatically at the end of the Initial Term and at the end of each successive Service Term until you notify us that you want to cancel your Service under this Agreement or your Service is otherwise terminated. If you do not notify us, your credit card will automatically be charged for the renewal of your Service Term on your Billing Date.
Increase or reduction of fees. ECM may increase its fees for our Services effective the first day of a Service Term by giving you notice of the new fees at least thirty (30) days before the beginning of the Service Term. If you do not cancel your Service and fulfill your obligations under Section 6(d), you will be deemed to have accepted the increased fee for that Service Term and any subsequent Service Terms (unless the fees are increased in the same manner for subsequent Service Terms). Reductions in fees become effective on the next Service Term without any pro-rata refund for the then-current term.
Modifying Services or Plan. If you add a Service to your Plan, you will be billed for the Service in full at the end of the Service Term regardless of the date during the Service Term that you added the Service to your Plan. You may upgrade or downgrade your Services or Plan at any time. The Subscription Fees and Usage Fees at the end of the Service Term will reflect the cost of the upgraded or downgraded Services or Plan for the entire Service Term in which the upgrade or downgrade occurred regardless of the date during the Service Term that you upgraded or downgraded your Services or Plan.
Billing Date. ECM may adjust your Billing Date in subsequent Service Terms without notice. This will be reflected by a charge to your account on a prorated basis according to the number of days that have passed since the Billing Date of your latest renewal charge. Unless ECM otherwise notifies you in advance under this Agreement, the renewal charge will be equal to the original purchase price paid for the Service.
Payment declined. If a charge made to your account is declined we may continue to attempt to bill that card over a 30-day period. You agree that ECM may obtain automatic updates for any expiring credit cards you have provided. If you fail to pay for your Service, whether for the current or a prior Service Term, ECM will automatically suspend your account for non-payment. After 15 days of non-payment, your account will be terminated. If we suspend or terminate your account for non-payment, you must pay a reinstatement fee, not to exceed the Subscription Fee for one Service Term for your Plan. If we agree to reinstate your account, you must pay Subscription and/or Usage Fees covering the lapsed period as a condition of reinstatement. 90 days after termination, your account will be permanently closed and cannot be reinstated.
Default. If ECM’s attempts to charge your credit card are unsuccessful after 30 days and your account balance remains unpaid, ECM may report information about your account to credit bureaus. Late payments, missed payments, and other defaults may be reflected on your credit report. ECM may restrict your ability to purchase ECM products or the products of affiliate companies if you are delinquent on any payment. ECM may make efforts to collect a delinquent payment. If you believe ECM has reported inaccurate information to a consumer reporting agency, you may contact our Customer Care Center or via email at [email protected] and ECM will investigate the matter. ECM may accept late or partial payments, as well as payments that reflect "paid in full" or other restrictive endorsements, without limiting any of its rights under these Terms.
Notice of billing. We may send a reminder email to your account’s email address of record before your Billing Date. Unless required by law in the state where you reside, ECM is not obligated to provide this notice. You acknowledge that (i) your failure to read, (ii) your inability to receive, or (iii) ECM’s failure to send the email creates no liability for ECM or any third-party service.
Cancellation of automatic renewal. Cancellation of your automatic renewal terminates your Service. To cancel the automatic renewal of your Service, you must notify ECM of your intent to cancel by canceling online through the “My Account” portal and fulfill your obligations under Section 6(d). Upon cancellation, you may elect to enroll in the Canceled Plan, described in Section 6(e), below.
Changes to Service.
Changes to Services and Plans. ECM may change the offering of our Services and Plans, including the functionality, content, or availability of any features, at any time at our sole discretion. We may also impose limits on features and Services or restrict your access to all or part of the Service. You have the right to cancel your Services should we materially decrease benefits. If we add new features to the Service, including adding third-party services, the new features will be subject to these Terms. Should ECM offer multiple versions of its Services or Plans and stop offering a Service or Plan that you have selected, we may choose to either terminate your subscription, continue to provide it to you, or provide you with a replacement Service or Plan that is (similar or comparable product) at the then-current price. Additional charges may be charged for such replacement Services or Plans. ECM will notify you of new fees at least 30 days before any additional charges become effective.
Changes to your ECM address. We may change your ECM address by giving you written notice of the change. You must notify your senders as soon as practicable and no later than 10 business days after we notify you of a change to your mailing address. You will be solely responsible for all costs associated with notifying your senders of this change. A change in your ECM address will not be considered a material decrease in the benefits of your Plan.
Suspension, Termination, or Cancellation.
Suspension. We may suspend access to your account immediately and without prior warning if we reasonably believe that you have violated this agreement or the Acceptable Use Policy, including for non-payment of Services. We may send you a notice of suspension to outline the nature of the violation and any remedial action that can be taken to lift the suspension. We will continue to receive your mail during a suspension, but we are not required to process your mail or make it available in your account. You will continue to be responsible for any Subscription Fees or Usage Fees that are incurred on your account during the duration of an account suspension. If no remedial action can be taken or if the violation is unlawful or poses a risk of significant harm to our users, employees, or business, we may in our sole discretion determine that termination of your account is warranted. If you have any questions about an account suspension, please contact our Customer Care Center or via email at [email protected].
Termination. ECM may terminate your Service at any time at our sole discretion. Reasons for termination may include, but are not limited to:
failure to provide accurate, complete, and current information as requested or required by ECM, including completion of a valid USPS Form 1583 for each recipient on your account,
failure to pay as agreed,
violation of these Terms or the Acceptable Use Policy,
suspected illegal activity, or
any other lawful reason.
Our failure to terminate your Services when any of the conditions listed above first arises does not preclude us from terminating your Services at a future date.
As your sole remedy, ECM will refund you any prepaid fees specifically related to the current Service Term. If we agree to reinstate your Plan after termination, we may require you to pay a reinstatement fee and Subscription and/or Usage fees covering the lapsed period as a condition of reinstatement.
Upon termination, any mail that we receive on your behalf may be refused, returned, or disposed of at our sole discretion and we have no obligation to notify you of this mail. We are not required to forward your mail to you after termination.
Your responsibilities after termination. At the end of the then-applicable Term, you agree that:
You are responsible for all expenses incurred by your use of the Services after termination including, but not limited to, Subscription Fees and Usage Fees for any current or prior Service Term(s).
On termination of your Plan, you must stop using your ECM address as soon as practicable and no later than 10 business days after the termination is effective. You must not give your ECM address to new senders and it must be removed from everywhere that you print or publish it. You must notify your existing senders of your new address.
You may not file a Change of Address notice with the USPS as stated in the USPS Form 1583 you signed when you set up your account with ECM. You are responsible for changing your address with your senders.
Cancellation. You may cancel your Service at any time by canceling online through the “My Account” portal.
Your Responsibilities after cancellation. At the end of the then-applicable Term, you agree that:
You are responsible for all expenses incurred by your use of the Services after cancellation including, but not limited to, Subscription Fees and Usage Fees for any current or prior Service Term(s), Canceled Plan fees, and any shipping charges incurred to forward Mail received on your behalf. We are not required to forward your mail to you after Plan cancellation unless you request it and pay all applicable shipping and processing fees.
On cancellation of your Plan, you must stop using your ECM address as soon as practicable and no later than 10 business days after your cancellation is effective. You must not give your ECM address to new senders and it must be removed from everywhere that you print or publish it. You must notify your existing senders of your new address.
You may not file a Change of Address notice with the USS as stated in the USPS Form 1583 you signed when you set up your account with ECM. You are responsible for changing your address with your senders and for making arrangements with ECM to receive your mail by purchasing the Canceled Plan.
It is your responsibility to download and store any information, including but not limited to digital scans of the mail in your online account, prior to Service cancellation.
6-Month Canceled Plan.Upon cancellation of your Plan, you may choose the 6-Month Canceled Plan. Under the 6-Month Canceled Plan, we will continue to receive your mail following Plan cancellation for the lesser of 6 months from the effective date of your cancellation or for as long as ECM continues to operate the service address. For the 6-Month Canceled Plan, there is a one-time cancellation fee and you will continue to be billed for any Usage Fees on a per item basis, including but not limited to incoming mail, scans, storage, and shipping fees. We will receive your mail and post it to your online account. At the end of the term of the 6-Month Canceled Plan, any mail that we receive on your behalf may be refused, returned, or disposed of at our sole discretion and we have no obligation to notify you of this mail. ECM reserves the right to remove, and/or discard your information, including digital scans of your mail, at the end of the term of the 6-Month Canceled Plan. If you fail to pay the one-time cancellation fee or any Usage Fees under the 6-Month Canceled Plan, we may terminate your 6-Month Canceled Plan immediately and any mail that ECM receives on your behalf may be refused, returned, or disposed of at our sole discretion and we have no obligation to notify you of this mail. ECM reserves the right to remove, and/or discard your information, including digital scans of your mail upon termination of the 6-Month Canceled Plan.
Decline 6-Month Canceled Plan.If you decline the 6-Month Canceled Plan, any mail that ECM receives on your behalf after Plan cancellation may be refused, returned, or disposed of at our sole discretion and we have no obligation to notify you of this mail. ECM reserves the right to remove, and/or discard your information, including digital scans of your mail, immediately upon declining the 6-Month Canceled Plan.
Terms. These Terms remain in effect for as long as we handle mail on your behalf, even if your Plan, online account, or Services have been terminated or canceled.
Feedback. You hereby license to ECM any feedback or suggestions that you provide regarding the Services or ECM’s other existing or proposed Services. The license is perpetual, irrevocable, royalty-free, worldwide, unconditional, fully sublicensable, and transferable, and includes the right to make, have made, use, sell, offer to sell, import, copy, display, perform, modify, distribute in modified or unmodified form, and commercialize any intellectual property, without accounting to you. You agree that you will not assert, or authorize, assist, or encourage any third party to assert, against ECM or any of its affiliates, vendors, business partners, or licensors, any patent infringement or other intellectual property infringement claim regarding the service or any of our other Services that you use.
Governing Law and Venue. Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Los Angeles County, California. You consent to personal and exclusive jurisdiction in these courts.
Dispute Resolution; Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ECM TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH IN SECTION 16(g), BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION PROVISION. IN ADDITION, ARBITRATION PRECLUDES YOU AND ECM FROM SUING IN COURT OR HAVING A JURY TRIAL.
No Representative Actions. You and ECM agree that any dispute or claim between us, including those arising out of or related to these Terms or our Services, is personal to you and ECM and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. For the purposes of this Arbitration Agreement, references to "ECM," "you," and "us" include our respective subsidiaries, affiliates, agents, employees, employers, business partners, shareholders, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us. Beneficiaries include, but are not limited to, those named in an estate planning document.
Arbitration of Disputes. Most concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care Center at (800) 773-0888. In the unlikely event that the ECM Customer Care Center is unable to resolve your complaint to your satisfaction (or if we have not been able to resolve a dispute you after attempting to do so informally), this Section 16 applies. Except for (i) individual actions in small claims court located in the county of your billing address or (ii) actions in court seeking injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and ECM agree to waive your rights to a jury trial and to have any dispute or claim arising out of or relating to any aspect of the relationship between us (collectively, “Disputes”) resolved in court. Disputes include, but are not limited to, (a) those arising out of or related to these Terms or our Services, and (b) those related to advertising, privacy, data security, and the use of our website. This Arbitration Agreement applies to all Disputes based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, Disputes arising before you accepted these or any prior Terms, Disputes that are currently the subject of purported class action litigation in which you are not a member of a certified class, and Disputes asserted against ECM by those you list as authorized contacts on your order.
Arbitration Procedures. For any Dispute that you have against ECM, or that ECM has against you, you and ECM agree to attempt to resolve the Dispute informally via the following process. If you assert a claim against ECM, you will first contact ECM by sending a written notice of your Dispute (“Claimant Notice”) to ECM by U.S. certified mail addressed to Notice of Dispute, General Counsel, Earth Class Mail, Inc., 101 North Brand Blvd., 11th Floor, Glendale, CA 91203; a courtesy copy of the Notice should also be sent by email to [email protected]. The Claimant Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. For any Dispute that ECM may have against you, we will provide you notice (“ECM Notice”) in similar form to that described above via the mailing address and email address associated with your account. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or ECM first send the applicable Notice so that the parties can engage in this informal dispute resolution process. If you and ECM cannot reach an agreement to resolve the Dispute within thirty (30) days after notice is provided, then either party may submit the Dispute to binding confidential arbitration administered by the American Arbitration Association (“AAA”) or, under the limited circumstances set forth herein, in court. All Disputes submitted to AAA will be resolved through binding arbitration before one arbitrator. Unless the parties agree in writing to a different location, arbitration proceedings will be held in Los Angeles County, CA; if you are a Consumer, however, you may elect to hold the arbitration in your county of residence. For purposes of this Section 16, a “Consumer” means a person using the Services for personal, family or household purposes. If you are a Consumer, you and ECM agree to use the AAA Consumer Arbitration Rules. If you are not a Consumer, you and ECM agree to use the AAA Commercial Arbitration Rules, including the Expedited Procedures for all Disputes with a value of $75,000 or less. The most recent versions of the AAA Consumer and Commercial Arbitration Rules are available on the AAA’s website atadr.org/Rules and such rules are hereby incorporated by reference into this Arbitration Agreement. You either acknowledge and agree that you have read and understand the applicable AAA Arbitration Rules or waive your opportunity to read the AAA Arbitration Rules and waive any claim that such rules are unfair or should not apply for any reason. You and ECM acknowledge that the purpose of this Section 16 is to streamline the dispute resolution process and that Coordinated Filings are likely to frustrate that purpose. As a result, you agree not to assert a demand for arbitration as part of a Coordinated Filing. A “Coordinated Filing” is any demand for arbitration where the underlying claim is similar to at least ten (10) or more other pending demands for arbitration and where representation for that demand is consistent or coordinated with such other demands. Without limiting any remedies, in the event your demand is part of a Coordinated Filing, we may, at our option, decline arbitration and instead litigate the claim in a civil court of competent jurisdiction in accordance with the terms of Section 17.
Individualized Arbitration Proceedings and Remedies. You and ECM agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the AAA Rules, the arbitrator will have exclusive authority to grant any relief that would otherwise be available in court and to make all procedural and substantive decisions regarding any Dispute, including those arising out of or relating to interpretation or application of this Arbitration Agreement, including the enforceability, revocability, or validity of the Arbitration Agreement or any portion thereof. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one claimant.
Confidentiality. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. You and Legal Zoom agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and ECM agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration.
Payment of Arbitration Fees. The costs of arbitration shall be governed by the AAA’s fee schedules, available atadr.org/Rules. If you are a Consumer and you initiate arbitration of a Dispute, you agree to pay the applicable AAA Consumer Case Filing Fee, and ECM will pay the remaining AAA fees and costs. If you are not a Consumer and you initiate arbitration of a Dispute valued at less than $75,000, you agree to pay $250 towards any arbitration filing fees and ECM will pay the remaining AAA fees and costs. If you are not a Consumer and your arbitration proceeding is valued at $75,000 or more, you and ECM will share equally the costs and fees of AAA Commercial Arbitration. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA fees will be governed by the applicable AAA Rules.
Opt Out of Arbitration.You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 16 by sending, via U.S. certified mail, a written Notice of Opt Out to ECM. The Notice of Opt Out must be addressed to: Notice of Opt Out, General Counsel, Earth Class Mail, Inc., 101 North Brand Blvd., 11th Floor, Glendale, CA 91203; a courtesy copy of the Notice of Opt Out should also be sent by email to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17, though, as stated above, you agree any such action will be brought as an individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Additional Terms. If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 16 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 16; and (c) to the extent that any claims must proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. If you wish to seek public injunctive relief against ECM, such claim (and only such claim) must be severed from the arbitration and brought in court in accordance with the provisions of Section 17. You and ECM agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over the enforcement of an arbitration award made pursuant to this Arbitration Agreement.
Force Majeure. Except for your payment obligations, neither of us is in violation of the agreement if the failure to perform is due to an event beyond that party’s reasonable control, such as a significant failure of the power grid or Internet, denial of service attacks, natural disaster, fire, flood, embargoes, war, acts of war, riots, insurrection, disease or medical epidemics or outbreaks, strikes, other organized labor action or disruptions, terrorism or threats of terrorism, civil disorder, curtailment of transportation preventing or delaying performance, or other acts or events for which precautions are not generally taken in the industry.
NO WARRANTY. THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS, OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ECM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ECM MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. ECM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE.
THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF SERVICES BY NORTH CAROLINA CONSUMERS.
Limitation of Liability. YOU AGREE AND ACKNOWLEDGE THAT ECM IS NOT LIABLE FOR ANY DAMAGE TO MAIL OR LOSS OF MAIL DURING OR AFTER MAILING OR SHIPMENT TO YOU. ECM IS NOT RESPONSIBLE FOR MAIL FOR WHICH THERE IS NO RECORD OF RECEIPT BY ECM. 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 ECM HAS NO RESPONSIBILITY OR OBLIGATION TO INSURE ANY MAIL OR SHIPMENTS SENT TO YOU. ECM SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY 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 SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICE WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSS, OR DAMAGE INCURRED, EXCEPT AS PROVIDED IN THE DISPUTE RESOLUTION BY BINDING ARBITRATION SECTION OF THE TERMS. ECM SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE, OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.
Indemnification. You agree to protect, defend, indemnify, and hold ECM 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:
The Services provided to you;
Your use of the Services, including without limitation any copyright infringement claims that could arise from ECM scanning mail or other documents;
The failure of any third party, USPS, or any commercial delivery or courier service, to provide delivery or courier services accurately and on time;
Loss, damage, or destruction of your items by any cause whatsoever whether or not attributable to our negligence or intentional act;
Any violation by you of any federal, state, or local laws, statutes, rules, or regulations; and
ECM or its agents being named as defendants in an action based on your alleged or actual conduct. For purposes of this Agreement, the indemnified parties shall include ECM and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, and employees.
Ownership.This Site and Applications are owned and operated by ECM. All right, title, and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by ECM or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by ECM, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of ECM's intellectual property rights, whether by estoppel, implication or otherwise. See the "Legal Notice" below if you have any questions about obtaining such licenses. ECM does not sell, license, lease, or otherwise provide any of the Materials other than those specifically identified as being provided by ECM. Any rights not expressly granted herein are reserved by ECM.
Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than ECM (each a "Third Party Site"). ECM works with a number of partners and affiliates whose sites are linked with ECM. ECM may also provide links to other citations or resources with which it is not affiliated. ECM is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. ECM makes no guarantees about the content or quality of the products or services provided by such sites. ECM is not responsible for webcasting or any other form of transmission received from any Third Party Site. ECM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ECM of the Third Party Site, nor does it imply that ECM sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of the content provided on a Third Party Site and agree that ECM is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
Legal Notice. Legal notice to ECM must be sent by electronic mail to [email protected], and you must also send your notice via first-class United States mail to ECM’s physical address appearing on its site on the day the notice is transmitted electronically. Notices must be given in the English language.