APOBox Service Agreement
1. Norsac LLC, DBA APO Box is the sole owner "APO Box Addresses and APOBox Member Accounts." The "APO Box Addresses and APO Box Member Accounts" are being made available to "Members," as well as the sale of related services that APOBox offers to its Members. The Services are provided to you, as a "Member," under the terms of this Mail and Parcel Service Agreement and any amendments thereto and any operating rules or policies that may be published from time to time by APOBox (the "Parcel Service Agreement" or "PSA").
2. BY COMPLETING THE NEW ACCOUNT INFORMATION AT THE APOBox WEBSITE AND CHECKING THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO APOBox's TERMS OF USE, YOU ARE AGREEING TO BE BOUND BY THE MAIL AND PARCEL SERVICE AGREEMENT.
3. By having ANY mail or parcel or package sent to the Member's "APOBox Address," the Member appoints APOBox as agent for receipt of any mail or parcel or package addressed to the Member or Member's authorized users listed in the Member's account profile, including signing for parcels upon receipt. APOBox is authorized to forward subject mail or parcel or package to the Member's designated APO/FPO address or Emergency Shipping Address as indicated in Member's account profile, as the Member selects in account preferences. The Member will be charged ALL applicable mailing or shipping charges incurred when forwarding any mail or parcel or package via the USPS, UPS, Federal Express, DHL, or any other carrier. Member may elect to purchase insurance at the rates published on the APOBox website for any mail or parcel or package forwarded on behalf of the Member. In addition to the shipping charges or postage and any insurance purchased, the Member will be charged a "service charge" for processing subject mail or parcel or package forwarded on the Member's behalf.
4. Member agrees to assume full responsibility to ensure that the person to whom forwarded mail or parcel or package is addressed at any APO or FPO address (APO/FPO address holder) is eligible to receive subject mail or parcel or package at the APO/FPO address indicated in Member's account profile. Member agrees to assume full responsibility to ensure the accuracy, completeness and legitimacy of the APO/FPO address and APO/FPO address holder. Member agrees to hold harmless APOBox for forwarding any mail or parcel or package to persons not eligible to receive subject mail or parcel or package at the APO/FPO address indicated in Member's account profile.
5. APOBox may change the MAIL AND PARCEL SERVICE AGREEMENT from time to time. The Member will be notified of any such changes via an e-mail sent to the address in the Member's account profile at the time of the change to the PSA. By maintaining an account with APOBox, the Member agrees to be bound by any modifications to the Mail and Parcel Service Agreement.
6. The Member will create a password and receive a "APOBox Address and APOBox Member Account" designation during the new account registration process. The Member is responsible for maintaining the confidentiality of the password and is fully responsible for all activities that occur under the Member's Account password. The Member agrees to immediately notify APOBox of any unauthorized use of the Member's password, "APOBox Address and APOBox Member Account" or any other breach of security.
7. The Member hereby subscribes for services provided on behalf of the Member by APOBox. An up-to-date list detailing available services and fees will be maintained on the APOBox website.
8. Charges for postage, shipping, any insurance and APOBox service charge are due and payable when mail or parcel or package is forwarded for the Member. NO MAIL OR PARCEL OR PACKAGE WILL BE FORWARDED UNTIL PAYMENT IN FULL HAS BEEN MADE. The Member agrees to furnish accurate, up-to-date, complete and nonfraudulant account funding (such as credit card) and billing information and authorizes APOBox to maintain such information in Member's account profile. The Member agrees that all payments will be made using the account funding information in the Member's account profile at the time mail or parcel or package is forwarded on behalf of the Member. The Member can update or change the account funding information in their account profile, and the Member authorizes APOBox to charge the credit card on file or debit Member's account balance when mail or parcel or package is forwarded on behalf of the Member with no further authorization. The Member acknowledges and agrees that APOBox may return any received mail or parcel or package to the sender in the event Member's credit card cannot be charged or account debited for payment(s) due for the forwarding of said mail or parcel or package on behalf of Member. The Member may be billed for any charges incurred in returning said mail or parcel or package.
9. In the event that a Member's credit card on file cannot be properly charged or Member's account balance contains insufficient funds at the time mail or parcel or package is processed for forwarding, Member agrees that a $2.00 service charge will be levied. If after three days (grace period), the credit card on file cannot still be charged or the Member's account has insufficient funds, subject mail or parcel or package will accrue a storage fee of $2.00 per day, which must be paid before APOBox will forward subject mail or parcel or package on behalf of Member.
10. With a valid APOBox address appearing, a mail or parcel or package will be accepted for delivery for only the Member and up to four (4) additional persons authorized by the Member. The Member's account profile at the time mail or parcel or package is received will be used to determine authorized users. In the event that a persons name other than that of Member orMembers's authorized users, appears on mail or parcel or packages along withMembers's APOBox address, APOBox will refuse to accept delivery of subject mail or parcel or package and have subject mail or parcel or package returned to the sender. The Member may be responsible for any postage, shipping, any insurance fees, APOBox service charge and any other fees associated with such return.
11. Member acknowledges and agrees that any mail or parcel or package received atMembers's APOBox address and forwarded as indicated inMembers's account profile on behalf ofMembers's authorized users as indicated inMembers's account profile at the time subject package was forwarded was done so on the behalf of the Member. Member acknowledges and agrees that any such mail or parcel or package as described above is deemedMembers's mail or parcel or package and agrees to assume full payment responsibility for any subject parcel and package forwarded as described above.
12. In event that any mail or parcel or package is returned to APOBox after APOBox has forwarded subject mail or parcel or package on behalf of Member toMembers's
designated APO/FPO address as indicated inMembers's account profile, APOBox will forward subject mail or parcel or package toMembers's designated Emergency Shipping Address as indicated inMembers's account profile. At that time, ifMembers's credit card cannot be charged for payment(s) due for forwarding of subject mail or parcel or package on behalf of Member, Member acknowledges and agrees that subject mail or parcel or package will accrue a storage fee of $2.00 per day, which must be paid before APOBox will release subject mail or parcel or package to Member. Member further acknowledges and agrees to make special arrangements with APOBox to have said mail or parcel or package released to Member.
13. In event that a mail or parcel or package is returned to APOBox after APOBox has forwarded subject mail or parcel or package on behalf of Member toMembers's
designated Emergency Shipping Address as indicated inMembers's account profile at the time of forwarding, Member acknowledges and agrees that subject mail or parcel or package will accrue a storage fee of $2.00 per day, which must be paid before APOBox will release subject mail or parcel or package to Member. Member further acknowledges and agrees to make special arrangements with APOBox to have said mail or parcel or package released to Member.
14. In the event mail or parcel or package cannot be forwarded to aMembers's designated APO/FPO address on record, due to, but not limited to, mail or parcel or package exceeding any USPS mailing restriction or being found damaged upon receipt, a $2.00 per day storage fee will apply until alternate shipping arrangements can be made at the direction of the Member.
15. APOBox may refuse to accept on behalf of the Member "postage due" and/or COD items unless special financial arrangements and prepayment are made and agreed to by APOBox in its sole discretion IN ADVANCE of delivery of such items.
16. The Member acknowledges and agrees that any mail or parcel or package shall be deemed forwarded to Member upon tender to the USPS, UPS, Federal Express, DHL, or other carrier. The Member expressly relieves and excuses APOBox from any further responsibilities with respect to forwarded mail or parcel or package. The Member agrees that use of the assigned "APOBox Address and APOBox Member Account" shall be for the purpose of forwarding any mail or parcel or package properly addressed and delivered toMembers's
APOBox address and for procuring other services as may be purchased from APOBox and shall not use or permit the assigned "APOBox Address and APOBox Member Account" to be used for any other purpose.
17. The Member agrees that Member will not use the "APOBox Address and APOBox Member Account" or any APOBox services for any unlawful, illegitimate or fraudulent purposes or for any purpose prohibited by United States postal regulations. The Member further agrees that any use of the "APOBox Address and APOBox Member Account" shall be in conformity with all applicable federal, state and local laws. APOBox also reserves the right to immediately terminate any service upon suspicion of fraud or illegal activities. APOBox will cooperate aggressively with all local, state and federal agencies and will release information about the Member to such agencies and all postal inspectors upon request. The Member also acknowledges and agrees to hold APOBox harmless for any mail or parcel or package seized as part of any investigation being conducted by any law enforcement personnel. The Member agrees that APOBox, as required to determine suitability for mail or parcel or package forwarding and/or determining the correct Member, may open and inspect the contents of any mail or parcel or package received at any APOBox facility.
18. It is theMembers's
sole responsibility to ensure that no packages are sent to their APOBox address that contain any items that violate U.S. Postal Service restrictions for mailing. APOBox will refuse to accept delivery of any package found to contain items that violate U.S. Postal Service restrictions for mailing. In no event shall APOBox be liable for any shipping costs, damages or loss of any mail or parcel or package of which APOBox has refused to accept delivery. APOBox will not keep a record of any packages that are refused at delivery and will not be held liable for any notification to Member of said refusal.
19. The address for the "APOBox Address" shall be provided upon completion of the APOBox Member Account registration process. The Member agrees to use such address in exact format without modification when having mail or parcel or packaged delivered to any APOBox facility. Member agrees to ensure that the authorized users adhere to exact address format without modification. Member further acknowledges and agrees that any mail or parcel or package delivered to any APOBox facility withoutMembers's
APOBox address in its exact format may be refused and returned to the sender. Member may be responsible for any postage, shipping, any insurance fees, APOBox service charge and any other fees associated with such return.
20. In no event shall APOBox be liable for any damages or loss of any mail or parcel or package delivered to any address that is not theMembers's APOBox address.
21. The term of this Agreement and any new Agreements shall be the period the Member is in good standing with APOBox or as long as the Member orMembers's
authorized users continue(s) to have any mail or parcel or package sent toMembers's "APOBox Address." Renewals of this Agreement for additional terms shall be at the sole discretion of APOBox.
22. The Member agrees that APOBox may terminate or cancel this Agreement at any time by providing the Member thirty (30) days written, e-mail or other electronic notice. However, in the event a Member orMembers's Authorized users uses, or is suspected by APOBox of using, the "APOBox Address and APOBox Member Account" for unlawful, illegitimate, or fraudulent purposes, APOBox has the right to terminate this Agreement immediately. The actions of any person authorized by the Member to use the "APOBox Address and APOBox Member Account" will be attributed to the Member.
23. Upon termination of this Agreement for any reason, APOBox will refuse or return to the sender any mail or parcel or package delivered to theMembers's
"APOBox Address." The Member may be billed for any charges incurred in returning said mail or parcel or package.
24. The Member agrees to protect, defend, indemnify and hold harmless APOBox, from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys fees and all related costs at all trial and appellate levels, if any, whether or not litigation is instituted) suffered or incurred by APOBox, including, without limitation, any claim for personal injury or property damage, arising from: (a) theMembers's use of the "APOBox Address and APOBox Member Account" (b) the failure of the U.S. Postal Service or any commercial courier service to deliver, or to deliver on time, any mail or parcel or package; (c) damage to or loss of any mail or parcel or package or damage to the "APOBox Address" contents by any cause whatsoever; and (d) any violation by Member of applicable federal, state or local laws. The indemnified parties under this Section shall include APOBox and its affiliates, subsidiaries, parents, shareholders, successors, assigns, representatives, officers, directors, agents and employees.
25. IN NO EVENT SHALL APOBox BE LIABLE FOR ANY DAMAGE TO OR LOSS OF ANY MAIL OR PARCEL OR PACKAGE OCCURRING DURING SHIPMENT TO THE MEMBER. THE MEMBER ACKNOWLEDGES AND AGREES THAT THE MEMBER IS FULLY RESPONSIBLE FOR ANY AND ALL CUSTOMS AND/OR NATIONALIZATION FEES, TAXES, OR OTHER CHARGES OF WHATEVER NATURE RELATING TO THE SHIPMENT OF ANY MAIL OR PARCEL OR PACKAGE TO THE MEMBER.
26. THE MEMBER EXPRESSLY AGREES THAT USE OF THE "APOBox ADDRESS AND APOBox MEMBER ACCOUNT" IS AT MEMBERS SOLE RISK. ANY SERVICES PROVIDED BY APOBox TO ITS MEMBERS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. APOBox MAKES NO WARRANTY THAT THESE SERVICES WILL MEET THE USERS REQUIREMENTS, THAT THE MAIL OR PARCEL OR PACKAGE DELIVERY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM APOBox'S WEBSITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
27. THE MEMBER HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF APOBox, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE APOBox SERVICE CHARGE CHARGED TO THE MEMBER BY APOBox REGARDLESS OF THE NATURE OF THE CLAIM.
28. Any written notice to the Member required or permitted hereunder shall be deemed delivered twenty-four (24) hours after posting of such notice to the Members e-mail address as indicated in Members account profile.
29. This Agreement shall be construed and interpreted in accordance with the laws of Iowa without regard to the conflicts of laws provisions thereof, and the parties consent and stipulate to venue in the state and federal courts in and for Iowa as to any and all litigation arising hereunder.
30. If any section or any portion of any section of this Agreement shall be construed to be illegal, invalid or unenforceable, such provision or portion thereof shall be deemed stricken and deleted from this Agreement, but all other sections of this Agreement and the remaining portion of any section which is construed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
31. A failure of either party to enforce at any time any term, provision, or condition of this Agreement, or to exercise any right or option herein, shall in no way operate as a waiver thereof.
USE OF THE APOBox WEB SITE CONSTITUTES ACCEPTANCE OF THE APOBox USER AGREEMENT AND PRIVACY POLICY.
