Terms of Services
The following Terms of Service (“Terms”) are between you (“You,” “User,” or “Client”) and Red Dot Office, Inc. (the “Company”, “we”, “Red Dot Mail”) that manage your use of the Red Dot Mail product, services and web site (“Service”). Prior to using the Service, you must agree to these Terms. You consent to agree with these Terms by actually using the Service. Do not use the Service if you do not agree to any of the listed terms below.
Use of Services
You agree that you will not use the Service for any unlawful, illegitimate, or fraudulent purpose, or for any purpose prohibited by U.S. postal regulations.
You must use the exact mailing address for the mailbox (“Mailbox”) without modification as set forth in Section three (3) of Form 1583. The United States Postal Service will return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
You agree that any use of the Mailbox shall be in conformity with all applicable federal, state, and local laws. Each individual or entity must complete a separate United States 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.
Form 1583 shall remain confidential, except that Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, you agree to complete all necessary documents, including Form 1583 and any required acknowledgment from relating to service of process. You further agree to sign an updated version of Form 1583 upon request.
As your Commercial Mail Receiving Agent (“CMRA”), the Company will receive your mail and packages during the time that your account is active with us. An “Active Account” is an account that is not canceled and is not suspended or terminated by the Company for any violation of policies as set forth in these Terms.
You agree to use the proper mailing address for the Mailbox given to you when you sign up for the Service. You understand and agree that the Company has no liability for any undeliverable mail resulting from improper address or address formats. It is your sole responsibility to make sure that the address you use is correct.
“Content” means any information that may be generated through the use of the Service, such as data files, written text, software, images, messages, graphics, and any other like materials. You understand that all Content, whether publicly or privately transmitted on the Service, is your sole responsibility. This means that you are solely responsible for any Content that is transmitted through email, downloaded via the web browser or any mobile device, or stored on any hardware media such as a hard drive, USB drive, or other online storage services. You understand and agree that your use of the Service and any Content is solely at your own risk.
As your CMRA, we will accept all mail including registered, insured, and certified items. Unless prior arrangements have been made, we shall only be obligated to accept mail, or packages delivered by commercial courier services, which require a signature from us as a condition of delivery. You must accept and sign for all mail and packages upon the request of the Company. In the event you refuse to accept any mail or package, we may return the mail or package to the sender and you will be responsible for any postage or other fees associated with such return.
We will not accept any C.O.D. items.
You authorize us to scan the outside of your Mail. However, that you acknowledge we may decline to scan the outside or contents of Mail that in our sole discretion we deem to be obscene, an incitement to hate or violence, or contrary to law. From your personal online email account, you may direct us to perform the following actions: forward Mail to an address you specify, open and scan the internal contents of the Mail envelope, shred and recycle the Mail envelope and its contents or store the mail for up to 30 days.
The Company reserves the right to refuse to scan any mail content that is unreasonably excessive. “Unreasonably excessive” as used herein means that the amount of scanned mail content greatly exceeds the average level of mail pages of members of the Service generally. Mail types that will not be scanned shall include but not limited to (i) magazines; (ii) books; (iii) brochures; and (iv) catalogs.
Storage of Mail
We will store your physical mail for up to 30 days from the date of receipt of the mail unless otherwise indicated or specified in your Service you signed up for. It is your responsibility to re-mail your mail before the mail reaches past the storage period. You agree and authorize the Company to trash and shred at its sole discretion any mail that has passed the storage period without providing payment for incurred storage fees.
Cash and Currency
You agree that the Company is not responsible for cash delivered to us. You acknowledge and understand that you and your senders send cash through the mail at your and their own risk, and that you solely assume that risk.
You agree to pay all fees and charges for the Service you signed up for and any part thereof. There are no pro-rations or refunds for cancellation of any service. The Company uses various billing service providers. When using such provider’s services, you agree to follow and comply with the policies of such provider.
Method of Payment
The Company will charge the subscription fee and any other additional fees you authorize to the debit or credit card account provided by you. By authorizing the Company to charge a credit card for the fees associated with your subscription, you are authorizing the Company to automatically continue charging that card for all fees or charges associated with your subscription fees, including any renewal fees and usage fees (mail forwarding, storage, pick-up, overflow, client drop-off, etc.).
The Company may, upon notice required by applicable law, at any time modify the Service price or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
Service Cancellation or Termination
You agree that the Company may terminate or cancel these Terms for good cause at any time. The Company shall make any such termination or suspension in its sole discretion, without any refund to you of any prepaid fees or amounts. The Company will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.
Good cause shall include but not limited to:
- You abandon the Mailbox.
- You use the Mailbox for unlawful, illegitimate, or fraudulent purposes.
- You fail to pay monies owed to the Company when due.
- You receive an unreasonable volume of mail or packages. “Unreasonable volume of mail or packages” as used herein means your usage within a given day or month greatly exceeds the average level of monthly or daily usage of members of the Service generally.
- A request and/or order from law enforcmant, judicial body, or other goverenment agency.
- You violate any provisions of this agreement.
- Your account remains in Suspension for more than 30 consecutive days.
- You behavior towards our employees is offensive, voilent, disruptive, abusive, or theatening.
- Discontinuance or material modification to the Service or any part thereof.
- Unexpected technical or security issues or problems.
- You fail to provide or the Company is unable to validate correct and accurate contact and personal information that we require of all customers.
- You provide and use a payment mechanism that is likely being used or will be used in a fraudulent manner.
Upon expiration, cancellation, or termination of these terms, the company will:
Cancel all pending requests and orders associated with your account. Re-mail (i.e., forward) your mail to you if provided funds to do so. It is your responsibility to make arrangements with us to identify any mail forwarding needs prior to the expiration, cancellation, or termination of these Terms. Retain your mail, other than Unsolicited Mail, at the Center for a period of sixty (60) days, if you leave 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 the Center. Refuse any package addressed to you delivered by any party other than the United States Postal Service, such as a commercial courier service.
You agree to release us from compliance with any obligation to re-mail any mail or package received after your account has been terminated. You further agree that the foregoing is intended to be a written instruction from you to us that your mail need not be re-mailed except as expressly stated in these Terms.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND PARTNERS MAKE NO WARRANTY THAT (i) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; (ii) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS; AND (iv) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, SUPPLIERS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (i) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (ii) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100, (iii) FOR ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (iv) FOR THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Any notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address as set forth in Form 1583. In such case, notice shall be deemed given three days after the date of mailing.
If any provision of these terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign these Terms in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms.
We may amend these Terms at any time by posting the amended terms on this Site. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site and Service.