TERMS & CONDITIONS
All customers agree to the following terms and conditions of service:
This MAILBOX Service Agreement ("AGREEMENT") is made and entered into by you (hereinafter referred to as "CUSTOMER," “YOU,” “YOUR,” or "RENTER") for the use of and services related to a digital/virtual mailbox.
The site provides Software as a Service (“SAAS”) provided by various providers, including SphereMail, USMailbox, Anytime Mailbox, etc. ("SAAS PROVIDERS") that enables us to offer remote mail management and other digital mailbox services (collectively, the “MAILBOX,” or “SERVICE”) to their CUSTOMER(s).
For clarification, this family of websites and its self-branded SAAS affiliates, including Sharicom Office Corp., Bavaria/Kentucky Atlantic Partners, Inc., or Sharicom USA Partners, Ltd. (doing business as, and hereinafter referred to as “SHARICOM,” "USMAILBOX.US," “KENTUCKY VIRTUAL MAILBOX,” and "MY VIRTUAL MAIL"), and others as registered with the Commonwealth of Kentucky's Department of State - Division of Corporations, under the terms set forth herein, and governed by the laws of the Commonwealth of Kentucky.
This applies to all of the websites where this is posted (collectively “SHARICOM SITES,” and/or “SITE”). SAAS PROVIDERS does not take part in the handling of any mail whatsoever; SAAS PROVIDERS has no control over the delivery and distribution of the mail or the assignment to mailboxes.
By using this SERVICE, YOU are entering into an agreement (this “AGREEMENT") with KENTUCKY VIRTUAL MAILBOX for use of the SERVICE based on the terms and conditions set forth herein (collectively, the “CONDITIONS"). The SERVICE will be accessed through YOUR online account (and the application “SAAS PROVIDERS”). Additional KENTUCKY VIRTUAL MAILBOX policies shall apply to this AGREEMENT and are hereby incorporated by reference or posted in retail stores.
If YOU do not wish to be bound by the CONDITIONS and this AGREEMENT, YOU must stop using the SERVICE immediately.
ANY PERSON OR ENTITY THAT DESIRES TO BECOME A RENTER OF THE SERVICES MUST AFFIRMATIVELY INDICATE ITS ACCEPTANCE OF THIS AGREEMENT BEFORE CONTINUING WITH THE REGISTRATION PROCESS. BY INDICATING SUCH ACCEPTANCE AND PROCEEDING TO REGISTER FOR AND USE ANY SERVICES, RENTER IS AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT. SHARICOM IS NOT WILLING TO PERMIT USE OF THE SERVICES BY ANY PERSON WHO IS UNWILLING OR UNABLE TO AGREE TO ALL OF THESE TERMS; ANY PROSPECTIVE RENTER WHO CANNOT OR WILL NOT AGREE TO ALL OF THESE TERMS MUST EXIT OUT OF THE AGREEMENT REVIEW AND ACCEPTANCE PROCESS IMMEDIATELY, AND THEREAFTER MAY NOT CONTINUE WITH ANY USE OF SHARICOM SERVICES COVERED BY THIS AGREEMENT.
IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF SOMEONE ELSE, WHETHER AN EMPLOYER, A CUSTOMER, A CLIENT OR ANY OTHER THIRD PARTY, YOU MUST BE PREPARED TO DEMONSTRATE TO SHARICOM THAT YOU ARE AUTHORIZED TO ACT ON BEHALF OF AND ACCEPT THIS AGREEMENT FOR THAT THIRD PARTY AS THE RENTER; PROVIDED, THAT ATMB IS NOT UNDER ANY OBLIGATION TO REQUEST SUCH PROOF, AND SHARICOM WILL BE ENTITLED TO ASSUME THAT IF YOU ACCEPT THIS AGREEMENT ON A RENTER’S BEHALF YOU HAVE BEEN AUTHORIZED TO DO SO, AND TO BIND THE RENTER TO THE TERMS OF THIS AGREEMENT.
This Agreement, which sets forth the terms of Renter’s access to and use of the Services, is effective as of the date that this Agreement is accepted by Renter or on Renter’s behalf (the " Effective Date"). Renter agrees as follows:
YOU hereby authorize KENTUCKY VIRTUAL MAILBOX to scan the outside of YOUR Mail; provided, however, that YOU acknowledge that KENTUCKY VIRTUAL MAILBOX may decline to scan the outside or contents of Mail that in its sole discretion, deems to be obscene, an incitement to hate, violence, terrorism, treason against the Commonwealth of Kentucky or the United States, or contrary to law.
YOU hereby authorize KENTUCKY VIRTUAL MAILBOX to discard or recycle your Standard Mail, as that term is defined by the U.S. Postal Service (“USPS"), which is commonly referred to as “junk mail," such as flyers, circulars, advertising, and catalogs. Standard Mail will not be scanned or inserted into your Digital Mailbox. Standard Mail includes any items postmarked “Standard," “Std," “Std Pre-sort," “non-profit," or other markings used by the USPS to identify Standard Mail.
YOU may direct KENTUCKY VIRTUAL MAILBOX by calling or using SAAS PROVIDERS to perform the following fee-based actions to YOUR Mail including but not limited to:
(a) Forward Mail to address YOU specify
(b) Forward Mail to another account
(c) Open and scan contents of Mail
(d) Shred or recycle the Mail
(e) Physically store mail and parcels
(f) Sign scanned documents electronically
(g) Unsubscribe from or opt in to mailing lists
(h) Unpack parcels for individual reshipment
(i) Consolidate parcels for shipment
(j) Any other Services offered on the Site
Note that YOU are responsible for all instructions to perform services along with their expenses. KENTUCKY VIRTUAL MAILBOX is not responsible for items that are recycled or shredded as a result of a customer request.
Note that by requesting any of the above services YOU are giving express and legally binding authorization to KENTUCKY VIRTUAL MAILBOX to perform such tasks.
CUSTOMER agrees that CUSTOMER will not use the SITE or SERVICE for any unlawful, illegitimate or fraudulent purpose or for any purpose prohibited by U.S. Postal regulations. CUSTOMER further agrees that any use of the MAILBOX shall be in conformity with all applicable federal, state, commonwealth, territory, and local laws.
Each individual or entity must complete a separate U.S. Postal Service Form 1583 ("Form 1583") to be authorized to receive mail or packages at the MAILBOX. However, spouses may complete one Form 1583, as long as both spouses include their separate information on Form 1583.
ACCURATE INFORMATION & SECURITY
You certify that the information you provide to KENTUCKY VIRTUAL MAILBOX is accurate and complete. Possession of the MAILBOX username and password shall be considered valid evidence that the possessor is duly authorized to operate the MAILBOX. In the event of death or incapacity of the CUSTOMER, KENTUCKY VIRTUAL MAILBOX will require the appropriate documents from the Probate Court, the executor of the estate, the trustee or other similar person or entity before releasing mail or packages to a requesting party.
You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify KENTUCKY VIRTUAL MAILBOX immediately. Your account may also be restricted or terminated for any reason, at KENTUCKY VIRTUAL MAILBOX’s sole discretion. KENTUCKY VIRTUAL MAILBOX may also change, restrict access to, suspend, or discontinue your MAILBOX, or any portion of the SITE, at any time without notice.
You are prohibited from:
- Violating or attempting to violate the security of SAAS PROVIDERS and KENTUCKY VIRTUAL MAILBOX;
- Using any device, software, or routine to interfere or attempt to interfere with the proper working of the SAAS PROVIDERS and SHARICOM OFFICE SITES; or
- Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by SAAS PROVIDERS or KENTUCKY VIRTUAL MAILBOX or other third party web browsers) to navigate or search KENTUCKY VIRTUAL MAILBOX.
INITIAL FEE AND NON-REFUNDABLE SECURITY DEPOSIT
CUSTOMER agrees to pay the initial set fee for the MAILBOX service they selected. Additionally, a non-refundable security deposit of $30.00 will be accessed. Upon expiration, cancellation or termination of this AGREEMENT, the security deposit may be refundable if your box has maintained good standing, or with authorization from an officer of the CORPORATION. The security deposit is not refundable if you have defaulted under this AGREEMENT because of nonpayment, late payments, declined charges, violation of U.S. Postal Service or KENTUCKY VIRTUAL MAILBOX rules and regulations under this AGREEMENT.
MAILBOX service fees are all due and payable in advance and CUSTOMER agrees that KENTUCKY VIRTUAL MAILBOX may hold mail and packages pending payment.
There will be no pro-rations or refunds for cancellation of any service.
- CUSTOMER agrees to pay a late fee of $25.00 if any payment is not received within five (5) days of when due.
- Declined payments for any reason will be charged a fee of $5.00.
MAILBOX service fees and other related fees stated herein are subject to change.
In the event that CUSTOMER receives an unreasonable volume of mail or packages at the MAILBOX according to KENTUCKY VIRTUAL MAILBOX’s reasonable judgment, KENTUCKY VIRTUAL MAILBOX may require CUSTOMER to upgrade to a larger size MAILBOX and/or pay any additional charges.
KENTUCKY VIRTUAL MAILBOX reserves the right to increase the MAILBOX service fees in the event that CUSTOMER adds additional individuals or entities to the names of those individuals or entities authorized to receive mail and packages at the MAILBOX pursuant to Form 1583.
- A setup fee of $20.00 is non-refundable.
- The total additional charges at signup are $50.00.
- The $30.00 security deposit may be refunded as described above after an introductory period of six (6) months, or shorter if approved by an officer of the CORPORATION.
- In lieu of a refund, KENTUCKY VIRTUAL MAILBOX may apply the $30.00 to mail or package forwarding.
- Above all, KENTUCKY VIRTUAL MAILBOX is a customer-centric company, and any problems you have should be addressed to a customer service representative, the customer service manager, and finally, an officer of the CORPORATION to resolve any customer service issues.
ABANDONED MAILBOX, NON-PAYMENT, & SUSPENSION
SUSPENSION FOR NON-PAYMENT:
YOUR MAILBOX will be placed in suspension (“SUSPENSION") if KENTUCKY VIRTUAL MAILBOX is 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 a pending SERVICE will be suspended. YOU will continue to incur charges in respect of YOUR account. The SUSPENSION will end only upon our receipt of amounts sufficient to cause YOUR Account Balance to be greater than or equal $0.00.
KENTUCKY VIRTUAL MAILBOX may also lock YOUR access to YOUR MAILBOX in the event KENTUCKY VIRTUAL MAILBOX has a reasonable basis to believe YOU are using YOUR Account for illegal purposes or in violation of this AGREEMENT.
NON-PAYMENT AND MAILBOX ABANDONMENT:
Upon expiration, cancellation or termination of this AGREEMENT, KENTUCKY VIRTUAL MAILBOX will at its sole discretion take one of the following actions:
- Re-mail (i.e., forward) CUSTOMER's mail for six (6) months, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a monthly storage fee of $10.00 for month 1, and to be determined for months 2 through 6 in advance for the time period that mail is to be forwarded. It is the CUSTOMER's responsibility to make arrangements with SHARICOM OFFICE SITES to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.
- Store the mail or packages for up to six (6) months provided CUSTOMER pays a storage fee of $20.00 per month for the time period in which SHARICOM OFFICE SITES holds the mail or package(s), plus a service fee of to be determined for each time CUSTOMER visits SHARICOM OFFICE SITES to pick up such items. It is the CUSTOMER's responsibility to make arrangements with SHARICOM OFFICE SITES to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.
- Retain CUSTOMER's mail, other than Unsolicited Mail, at the Center for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.
- Discard or destroy any "Unsolicited Mail" (e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation; or coupons, advertising or other promotional material) delivered to or remaining at SHARICOM OFFICE SITES.
- Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.
- Return all mail to sender.
Upon cancellation or termination of this AGREEMENT, KENTUCKY VIRTUAL MAILBOX may:
- Refuse any mail or package addressed to the CUSTOMER and delivered to KENTUCKY VIRTUAL MAILBOX.
- Discard or destroy any of the CUSTOMER's mail or packages delivered to or remaining at KENTUCKY VIRTUAL MAILBOX at such time.
ABANDONED MAILBOX, NON-PAYMENT, AND CHARGEBACKS OF MAILBOX:
Declined payments lasting more than 15 days, abandoned mailboxes, and chargebacks are reported as internet fraud and could impact your ability to make future, online or in-person purchases.
This may be reported to LifeLock®, the Internet Crime Complaint Center (a partnership between the Federal Bureau of Investigation and the National White Collar Crime Center) https://www.ic3.gov, Riskified® Merchant Protection, Fraud Labs®, Verifi®, and placed as an outstanding balance on your personal, consumer credit report with Business Debt Collection services provided by Equifax®, TransUnion®, and Experian®.
Additionally, you will be charged the standard $50.00 chargeback fee. It will be added to your balance when reported to the collection and/or recovery agencies.
Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the CUSTOMER's MAILBOX.
In the event of a termination notice, based upon abandonment of the MAILBOX, notice shall be deemed delivered
- On the next day after placing in the hands of a commercial courier service or the United States Postal Service for next day delivery, or
- Five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage prepaid, and addressed to CUSTOMER at CUSTOMER's address as set forth in Form 1583, or on the date of actual receipt, or by electronic message (e-mail), whichever is earlier.
U.S. POSTAL SERVICE FORM 1583
This AGREEMENT, all mail, and Form 1583 shall remain confidential, except that this AGREEMENT and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated.
Upon request, CUSTOMER agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT and Form 1583 upon request.
CUSTOMER must use the exact mailing address for the MAILBOX without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."
Delivery by commercial courier services must be made to KENTUCKY VIRTUAL MAILBOX’s street address only (and not to a P.O. Box). "P.O. Box" may be used only if it is part of CUSTOMER's "Caller Service" (arrangement for delivery of mail through KENTUCKY VIRTUAL MAILBOX using a U.S. Postal Service address) address format. Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph. This AGREEMENT may not be amended or modified, except in a writing signed by both parties.
KENTUCKY VIRTUAL MAILBOX reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.
HIPPA & STATE PRIVACY LAWS WAIVER
I hereby grant authority for KENTUCKY VIRTUAL MAILBOX to open all health and healthcare related information covered under the U.S. Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 USC 1320d and 45 CFR 160-164 related mail that I request be viewed, scanned and/or forwarded to me. This authorization shall also cover all State, Commonwealth, and Territory privacy laws as well as executive orders signed by a Governor or the President.
- In consideration for receiving a virtual mailbox and digital mail services from KENTUCKY VIRTUAL MAILBOX, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE KENTUCKY VIRTUAL MAILBOX, its affiliates or partners in addition to their officers, agents, representatives, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any information disclosure, breach, loss, damage, or injury, that may be sustained by me, or any assigns or representatives using my virtual mailbox WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while being a customer of KENTUCKY VIRTUAL MAILBOX, or the related software developer, software operator, and its officers, agents, representatives, or employees of Bugo LLC., a limited liability company operating in the State of Nevada (herein referred to as DEVELOPER).
- I am fully aware that of the risk, including but not limited to information disclosure, breach, loss, and damage.
- I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, AND DISCLOSURE from mistakes, information disclosure, or breach, that may be sustained by me, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES OR OTHERWISE.
- I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES and DEVELOPER from any loss, liability, damage or costs, including court costs and attorney fees, that they may incur due to my participation in said activity, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise.
- It is my express intent that this Waiver of Liability and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above - named RELEASEES and DEVELOPER. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the United States of America in addition to the State, Commonwealth, or Territory the RELEASEES and DEVELOPER are located.
- IN ACCEPTING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read this Waiver of Liability and Hold Harmless Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
LIABILITY & INDEMNIFICATION
The SITE is available to you “as is” without warranty of any kind. SHARICOM, and their affiliates have no liability to you for content on the SITE that you find offensive, indecent, or objectionable. If you are under the age of majority in your jurisdiction, you may use SHARICOM Only with involvement of a parent or guardian.
You agree to defend, indemnify, and hold harmless SHARICOM and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of SHARICOM or any breach by you of this AGREEMENT.
CUSTOMER agrees to protect, indemnify, defend and hold harmless SHARICOM SITES, and their respective affiliates, subsidiaries, parent corporations, franchisees, officers, directors, agents and employees from and against any and all losses, damages, expenses, claims, demands, liabilities, judgments, settlement amounts, costs and causes of action of every type and character arising out of or in connection with the use or possession of the MAILBOX, including without limitation, any demands, claims and causes of action for personal injury or property damage arising from such use or possession, from failure of the U.S. Postal Service or any commercial courier service to deliver on time or otherwise deliver any items (mail, packages, etc.), from damage to or loss of any package or mail, or to the MAILBOX contents by any cause whatsoever, and from any violation by CUSTOMER of applicable federal, state or local laws.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT, IN NO EVENT WILL SHARICOM’s DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO SAAS PROVIDERS OR KENTUCKY VIRTUAL MAILBOX. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MONTHLY FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MAILBOX SUBSCRIPTION.
SHARICOM shall not be responsible for any failure or delay in the performance of its obligations under this AGREEMENT and/or CONDITIONS arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including without limitation, acts of God, earthquakes, fires, floods, tornado, wars, civil or military disturbances, insurrection, sabotage, epidemics, riots, interruptions, loss or malfunctions of utilities, computer (hardware or software) or communication service, accidents, labor disputes, acts of civil or military authority, or governmental actions.
UNITED NATIONS LAW
The laws of the Commonwealth of Kentucky shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) and all other United Nations laws.
This AGREEMENT is be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without reference to any principles of conflicts of laws, which might cause the application of the laws of another State Admitted to the Union (the “United States of America”, or the “Union”). Territories and Protectorates of the Union are hereby discarded and no action may be taken within them against SHARICOM. Any action or proceeding arising out of or related to this AGREEMENT or your use of the SHARICOM SITES shall constitute a dispute.
If any provision of this AGREEMENT is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this AGREEMENT shall remain in full force and effect. The failure of SHARICOM to act with respect to a breach of this AGREEMENT by you or others does not constitute a waiver and shall not limit SHARICOM's rights with respect to such breach or any subsequent breaches.
- Arbitration of Disputes. SHARICOM and RENTER agree to arbitrate all disputes and claims between them, where the dispute arises out of or relates in any way to the Services or this Agreement. This agreement to arbitrate is intended to be broadly interpreted and to cover any and all disputes arising hereunder to the maximum extent permitted by law; provided, that agreement to arbitrate disputes does not preclude any party from seeking an individualized preliminary injunction or temporary restraining order until a claim is arbitrated, or from bringing an individualized action in any small claims court that has jurisdiction provided, that an arbitrator will have exclusive jurisdiction to finally resolve claims not within the jurisdiction of any such small claims court.
- Dispute Notice. Where a party intends to seek arbitration of a dispute, that party must provide the other party with notice in writing (a " Dispute Notice"). If the parties are unable or unwilling to resolve the dispute within 30 days after a Dispute Notice is given, the dispute will be resolved by arbitration upon one party sending the other party or parties and JAMS a demand for arbitration. For the avoidance of doubt, no arbitration demand may be submitted until at least 30 days after all parties to the dispute have received or are deemed to have received the Dispute Notice as outlined below.
- Arbitration Procedures. Any dispute that cannot be resolved within 30 days after a Dispute Notice is received will be determined by an arbitration proceeding in Lexington, Kentucky before a sole arbitrator and administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the " JAMS Rules"). After expiration of the 30-day period required above, any party to the dispute may submit a written demand for arbitration to the other party or parties to the dispute, and within ten days after the demand for arbitration is given, the parties will select a single neutral arbitrator to preside over the arbitration proceeding. If the parties fail to select an arbitrator within such ten-day period, the arbitrator will be chosen pursuant to the JAMS Rules. In addition to the powers conferred by the JAMS Rules, the arbitrator will have authority to order such other discovery as he or she deems appropriate for a full and fair hearing of the case. The arbitrator’s decision will be final and binding and the award so rendered may be filed in any court having jurisdiction. The arbitrator may, in the award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator.
- No Class or Representative Arbitration. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim without affecting other SHARICOM SITES. RENTER AND SHARICOM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless all affected parties agree otherwise, the arbitrator may not consolidate more than one Renter’s claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this subsection’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Notices. To be valid, all notices permitted or required under this Agreement must in writing and delivered by hand, by email, by overnight courier, or via certified mail; provided, that email notices from RENTER will only be valid where SHARICOM expressly acknowledges and confirms receipt. In addition, and without limiting the foregoing, SHARICOM will be entitled to give notice to RENTER hereunder via placement of the notice in RENTERs Mailbox, and any such notice so given will be deemed delivered upon placement in RENTER’s Mailbox; other notices (including, for the avoidance of doubt, any notice of termination based on RENTER’s abandonment of its Mailbox, which will be delivered by overnight courier or via certified mail) will be deemed given (a) on the date delivered, if delivered by hand, (b) on the next day, if delivered by overnight courier or USPS next day delivery, or (c) five days after being sent by USPS certified mail. SHARICOM will send notices to RENTER’s email or postal address on file with SHARICOM, and RENTER will send notices to SHARICOM’s registered agent.
Further Assurances. RENTER agrees and covenants that at any time and from time to time it will promptly execute and deliver to SHARICOM such further instruments and documents and take such further action as SHARICOM may reasonably require (such as, by way of example only, by providing a current Form 1583 or any acknowledgment form related to service of process) in order to carry out the full intent and purpose of this Agreement and deliver the Services to RENTER in a lawful manner hereunder.
Relationship. This Agreement does not confer any third party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between the parties. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other. There are no intended third party beneficiaries of this Agreement.
Severability, Waiver, and Interpretation. If any provision of this Agreement is found to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision is to be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law. No waiver of any breach of this Agreement will constitute a waiver of any other breach. In construing or interpreting the terms of this Agreement: (a) the headings in this Agreement are for convenience only, and are not to be considered, and (b) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
BY TAKING ANY REQUIRED ACTION TO INDICATE ACCEPTANCE OF THIS AGREEMENT, RENTER (OR RENTER’S REPRESENTATIVE) IS ACKNOWLEDGING ITS UNDERSTANDING OF THIS AGREEMENT, AND THAT RENTER WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.
This AGREEMENT represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this AGREEMENT are for reference purposes only and in no way define or limit the scope of the section.
BY TAKING ANY REQUIRED ACTION TO INDICATE ACCEPTANCE OF THIS AGREEMENT, RENTER (OR RENTER’S REPRESENTATIVE) IS ACKNOWLEDGING ITS UNDERSTANDING OF THIS AGREEMENT, AND THAT RENTER WILL BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.