This Agreement is made by and between you, [Customer Name, Address, Phone #, and Email Address, as provided in the furnished account information], hereinafter referred to as "Customer," and USAMail1, hereinafter referred to as "Mail Service," having an address at 616 Corporate Way Suite 2, Valley Cottage, NY 10989, and shall be governed by these terms to which each party agrees:
1. The services offered by Mail Service at USAMail1 ("USAMail1 " or "Site"), and any sub-domains, are provided under the terms and conditions of this Terms of Service ("Terms of Service" or "Agreement" ), and any operating rules or policies that may be published by USAMail1 at the URL: USAMail1 (the "Service"). The Terms of Service comprises the entire Agreement between you and USAMail1, and supersedes all prior Agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OPENING AN ACCOUNT OR USING USAMail1, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN and any subsequent modifications or amendments. Mail Service may modify or amend this Agreement at any time. If such an amendment occurs then Customer may be notified of all amendments or modifications by one, or more, of the following methods: (I) a popup screen that alerts the customer to the existence of amendments or modifications when Customer accesses Mail Service's website; or (ii) an e-mail notice sent to the registered e-mail address of Customer. By continued use of the Service, subsequent to any such amendment(s), Customer confirms being bound by the modifications or amendments to this Agreement. Notwithstanding the above, all modifications or amendments by Mail Service will become effective as soon as published on Mail Service's website. Provided that Customer's account is active and in good standing, Customer may continue to use USAMail1 as long as you adhere to these Terms of Service.
2. By agreeing to this Agreement and USPS Form 1583, a copy of which will be made available to the United States Postal Service, Customer hereby makes, constitutes and appoints Mail Service, acting through any of its authorized persons, as agent for the receipt of mail for a period not to exceed that for which rent has been paid in advance. Until you have provided a notarized copy of USPS Form 1583 or two (2) forms of identification acceptable to Mail Service, Mail Service reserves the right to return to senders all incoming mail in your name.
3. Customer agrees to use services in accordance with Mail Service rules and in compliance with all U.S. Postal regulations, as well as any and all, foreign or domestic, local, state and federal statutes and regulations. Failure to do so may result in suspension or cancellation of service without notice, refund of account balance or mail forwarding. Mail Service reserves the right, in its sole discretion, to open, examine and/or inspect all items delivered in your name, to you, or on your behalf, without notice to you for any reason. As provided above, Customer's use of the Service is subject to any and all applicable local, state, national and foreign laws and regulations, including but not limited to all U.S. postal regulations, and all laws and regulations set forth by foreign jurisdictions from, and/or through, which you are shipping. This includes, without limitation, determining any and all applicable license requirements, including without limitation US Department of Commerce export licenses, US Department of State export licenses and any and all import license requirements of the destination country, and obtaining same.
3a. Customer will purchase any and all merchandise from United States sellers under an ex works agreement and agrees to furnish such information and complete and attach such documents as necessary to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest, as defined by the United States Foreign Trade Statistics Regulations, in every transaction generated by Customer of the ultimate destination of any items ordered by Customer and gathering and providing to Mail Service all required information for export purposes from the United States Principal Party in Interest including without limitation the Export Control Classification Number (ECCN), Schedule B number or Harmonized Tariff code, and the USPPI's name and Employer Identification number (EIN). In the event that a shipment over $2,499 requires preparation of AES electronic export information (EEI) of Schedule B, Customer will grant Power of Attorney to Mail Service and pay a $50 document preparation fee.
3b. Customer will not use, transfer, export, re-export, resell or otherwise dispose of any items shipped through/from USAMail1 to any destination, end-user or for any end-use prohibited by the laws of the United States or any other applicable law where such law does not conflict with the laws of the United States; unless such use, transfer, re-export, resale or disposition is specifically authorized by a government agency with export authority over the items shipped through/from USAMail1 to us.
3c. Customer will not use his address to import any items from outside of the United States without prior written permission from USAMail1. Items imported to customers address may be refused or discarded and the customers account closed.
4. The Customer acknowledges and agrees that Mail Service cooperates with all local, state and federal agencies and will share any and all information about the Customer, its shipments, communications with or by the Mail Service, and Customer's use of the Mailbox or Service with such agencies and with all USPS postal representatives and postal inspectors upon request, and without any notice to Customer. The Customer further acknowledges and agrees that Mail Service may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena, or governmental demand or official request of any kind, or when it has been established to Mail Service's satisfaction that the account may have been used in any manner for any illegal or questionable activity, without any notice to Customer. Customer specifically indemnifies and holds harmless Mail Service from any and all liability, claims, damages, losses or causes of actions arising from the release of such information regarding the Customer or the Customer's use of the Mailbox or Mail Service to any person, or local, state or federal agency or to the USPS. Further, the Customer specifically releases Mail Service, its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, agents, independent contractors and employees and anyone acting on its behalf from any and all liability arising from either the disclosure of any information about Customer or its shipments made to law enforcement or governmental agencies, or from the confiscation or seizure by Mail Service and/or its affiliates or shippers, or governmental or law enforcement agencies of any suspected contraband or similar material. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS, EAR, or ITAR regulations or other applicable domestic or foreign laws, statutes, rules and regulations, or to ship hazardous or dangerous materials; or interfere or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks or attempt to gain unauthorized access to other accounts, computer systems or networks connected to the Service, through password mining or any other means; or harass or interfere with another user's use and enjoyment of the Service. The Customer further represents and agrees that it shall use the Service in full compliance with all applicable foreign and domestic federal, state and local laws and in full compliance with the requirements of the Service's commercial shippers and courier services. If Mail Service suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, Mail Service may proceed to immediately terminate this Agreement and Service.
5. In order to avoid Mail Service being an unwitting party to fraud or other illegal activities, in the event Mail Service suspects any package of containing any illicit, contraband, dangerous or stolen items, or if Mail Service suspects the Customer, the item(s), or the shipping destination, Mail Service may inspect such package(s), as provided above, without any notice to Customer. Furthermore, if Mail Service receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner, Mail Service may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer's mailbox as of and after termination, are subject to be discarded, destroyed, tendered to government authorities, or otherwise disposed of at Mail Service's sole discretion. You will not ship items on the ITAR US Munitions List and/or items on the EAR Commerce Control List requiring a license that does not have the proper license and/or any item restricted for export per U.S. law or regulations or by any U.S. government agency including the U.S. Department of State (Directorate of Defense Trade Control), Department of Commerce (Bureau of Industry and Security), U.S. Nuclear Regulatory Commission, U.S. Department of Justice, Drug Enforcement Administration, U.S. Food and Drug Administration, U.S. Customs and Border Protection, or the Bureau of Alcohol, Tobacco and Firearms.
6. USAMail1 does not ship to some countries. .
7. Mail Service will not ship monetary instruments, as that term is defined in U.S. Department of Treasury regulations.
8. Mail Service will not ship to any person on any of the Restricted Party Lists of the following agencies: U.S. Department of State (Debarred List and Nonproliferation Sanctions); U.S. Department of Commerce, Bureau of Industrial Security Lists (Denied Party List, Entity List, or Unverified List), Treasury Department, Office of Foreign Asset Control Lists (Specially Designated National List) and any other Sanction or Restricted Party Lists as determined by USAMail1.
9. The foregoing notwithstanding, the Customer agrees and acknowledges that Mail Service may at its sole option cancel the Service and terminate this Agreement, for any cause at any time, by providing the Customer thirty (30) days notice. Such notice may be provided in written, e-mail or other electronic form or as set forth in more detail below in paragraph 20. Further, Mail Service may terminate this Agreement immediately for good cause, without notice to Customer. Good cause shall include but is not limited to:
(i) the Customer abandons the mailbox for a period of more than ninety (90) days;
(ii) the Customer does not provide prompt payment to Mail Service when due;
(iii) the Customer uses the service for mass mailing campaigns, spam campaigns, or mass marketing mailings;
(iv) Customer's volume of mail, packages and/or parcels is excessive and unreasonable;
(v) the Customer's behavior toward Mail Service employees or toward other Customers is offensive, abusive, violent, threatening or disruptive;
(vi) the Customer fails to cooperate with any request for information by a foreign or domestic local, state or federal agency or by USPS representatives, postal inspectors or representatives of any private shipping or courier service;
(vii) the Customer fails to provide or Mail Service is unable to validate correct and accurate contact and personal information of Customer as requested by Mail Service
(viii) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a foreign or domestic local, state or federal agency; or
(ix) the Customer violates any provision of this Agreement or any other terms and conditions posted by Mail Service.
The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized, or believed by Mail Service to be authorized, by the Customer to use the Service will be attributed to the Customer.
10. The Customer agrees to protect, defend, indemnify and hold harmless Mail Service, from and against any and all claims, demands, 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), of any nature whatsoever, suffered or incurred by Mail Service, including, without limitation, any claim for financial loss, personal injury or property damage, arising from:
(i) this Agreement;
(ii) the Service, Mailbox, Facility or any other goods or services provided to Customer by Mail Service;
(iii) the Customer's use or possession of the Mailbox;
(iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.
(v) loss, damage, or destruction of the Customer's mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to Mail Service's negligence or intentional acts;
(vi) any violation by Customer of any foreign or domestic federal, state or local law, statute, rule or regulation; or
(vii) any other claim for financial loss, personal injury or property damage related to, or incurred in connection with Mail Service's relationship with the Customer. For purposes of this Agreement, the indemnified parties shall include Mail Service and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys, agents, independent contractors and employees.
11. Customer is solely responsible for maintaining the confidentiality of its password and account, and for any and all activities that occur under its account, whether authorized by customer or not. Customer agrees to notify Mail Service immediately of any unauthorized use of its account or any other breach of security known to Customer. Customer must promptly inform Mail Service of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a user account or password. In consideration for using the Service, Customer agrees to:
(i) provide certain current, complete, and accurate information about Customer when prompted or requested to do so by the Mail Service, and
(ii) maintain and update this information as required to keep it current, complete and accurate. If any information provided by Customer during its original registration or in its "My Account" is inaccurate, Mail Service reserves the right to terminate Customer's account immediately and the privilege to use the Service. As provided above, Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer's account.
12. Customer agrees that parcels delivered to this address for the Customer will be delivered by USPS or common carrier only, that no personal hand deliveries or truck line deliveries will be made, and that no illegal, contraband, hazardous or dangerous material will be delivered to Customer. Failure to adhere to any of these parcel delivery conditions will result in termination of service. If Customer consistently receives an excessive number of mail pieces or more mails than can be placed in a single Mailbox, Mail Service reserves the right to require Customer to pay additional fees to be determined by Mail Service, or may, at its option, not accept such Mail or Packages.
13. Mail will not be accepted for more than three (3) persons or organizations in a single account and each must complete a USPS Form 1583 and provide two (2) forms of current authentic and valid photo identification for each such person acceptable to Mail Service. Each such person or organization will be considered to be an Authorized User on the Customer's account. Mail Service will not accept any mail addressed to a third-party, who is not an Authorized User, in care of a Customer's address.
14. If Customer refuses to accept mail, packages or parcels from Mail Service mailed or forwarded to Customer pursuant to this Agreement, Mail Service may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by Mail Service in connection with such returns. Upon the request of Mail Service, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by Mail Service.
15. All packages shipped by, or on behalf of, Mail Services are done so on a limited liability basis. Should Mail Service commit or fail to commit any act that results in disruption of service and Customer thereby suffers a loss, Mail Service's liability shall be limited to not more than the rental fees paid by Customer of any kind for service not yet performed or received. Mail Service shall not be liable indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind, whether or not they were foreseeable or actually disclosed to Mail Service. In no event shall Mail Service be liable to anyone for any direct damages of any type or kind (including lost profits) from performance by the Service. Further, Mail Service shall be excused from performance of its obligations, in whole or in part, under this Agreement if the failure or inability to perform is caused by reason of Force Majeure. "Force Majeure" as used herein includes, but is not limited to mean acts of God, fire, flood or other natural catastrophes, electric, communications or other utility outages, national emergencies, civil disturbances, insurrections, riots, wars (declared or undeclared), epidemics, strikes or labor disputes, actions or restrictions of an governmental authority, terrorist attack or hostage situations of any kind whether or not executed, aided or abetted by a sovereign government, or causes not within the control of Mail Service.
16. Pursuant to USPS regulations, certified, registered, insured, or C.O.D. mail or parcels may be accepted by Mail Service on the behalf of Customer under certain circumstances. Full, advance payment of C.O.D. charges must be made to Mail Service prior to acceptance of C.O.D. packages. Accordingly, Mail Service will not accept "postage due" mail and/or C.O.D. packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with Mail Service. At its sole discretion, Mail Service may refuse to accept "postage due" mail and/or C.O.D. packages, items or parcels on behalf of Customer under any circumstances.
17. All fees are due and payable in advance and notice thereof will be emailed to the Customer. No other notice will be required. Failure to pay such fees when due may result in disruption or cancellation of services. Mail Service does not prorate fees and does not provide refunds in the event of cancellation by Customer. Additionally, Mail Service may require a security deposit equal to one month's fee, or more. Customer agrees that Mail Service may refuse to ship the Customer's items on the Customer's (or any third party's) own commercial delivery or courier account. Additionally Mail Service may refuse pickups by couriers or shipping companies when the shipment has not been arranged through Mail Service.
18. Customer shall use only the address designation "#" to designate their address. Customer is responsible for notifying correspondents of their address. The address to be used by Customer for the purpose of receiving mail is as follows:
(Customer's Name or Business Name), #(Customer's designated box number)
616 Corporate Way, Suite 2
Valley Cottage, NY 10989
The Customer acknowledges and agrees that Mail Service has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this Agreement. Customer further acknowledges that Mail Service may return to sender or discard any mail or other incoming items which are received at such mailing address and may be addressed: (I) to a name not previously registered with Mail Service; (ii) is addressed to a name that has not completed the requirements set forth by Mail Service to verify the identity of such name; or, (iii) is addressed to a name for which Mail Service has not received a properly executed Form 1583 and two forms of acceptable photo identification. Additionally, Customer agrees that it will not imply or do anything that would create the impression that it has an actual or physical presence, or is doing business at, at Mail Service's location(s), including but not limited to, 616 Corporate Way, Suite 2, Valley Cottage, NY 10989.
19. The initial term of this Agreement shall be the minimum Service period or the initial period paid for by the Customer whichever is longer. All Service Plans automatically renew every month unless cancelled by written notice to Mail Service received at least thirty (30) days prior to the first day of a calendar month. Notwithstanding the foregoing, renewal of this Agreement for additional terms shall be at Mail Service's sole discretion. All Charges and Rents are due and payable the first day of each calendar month and become delinquent if not received by Mail Service by the tenth (10th) day of the month. Customer agrees that Mail Service may immediately charge Customer's Credit Card on record with Mail Service for all charges or monies owed by Customer to Mail Service. The Customer acknowledges and agrees that Mail Service may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer's designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00. If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, Mail Service has the right at its sole option to immediately terminate Service and/or this Agreement. Mail Service reserves the right to use Customer's security deposit, if any, to pay any past due fees and other charges due.
20. Upon termination of services by Mail Service or failure to pay rent in advance by Customer, Mail Service shall not make Customer's mail available to Customer or its designees without payment theretofore. Customer understands that the United States Postal service will not forward or return mail without payment, and will not necessarily accept a Change of Address Form for the Customer from Mail Service, or otherwise. At termination of service, if Customer wishes mail forwarded after that date, Customer shall provide Mail Service with an acceptable and lawful forwarding address and pay any reasonable or required fees. In the event Customer fails to do this, Mail Service shall refuse any further mail and, in the case of mail already received handle such mail in accordance with USPS DMM D042.2.6 and any other applicable regulations. Further, Customer agrees and acknowledges that Mail Service shall have no liability for any mail, packages or parcels mailed or delivered to Mail Service or other obligations with respect to such mail, packages or parcels after termination or cancellation of this Agreement except as expressly provided herein.
21. CUSTOMER AGREES AND ACKNOWLEDGES THAT MAIL SERVICE IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT MAIL SERVICE IS NOT A CUSTOM'S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR THE ACCURACY OF ALL CUSTOMS INFORMATION SUBMITTED TO SERVICE AT ALL THIRD PARTIES (INCLUDING, BUT NOT LIMITED TO, THE CUSTOMS AUTHORITIES OF THE UNITED STATES AND OTHER GOVERNMENTS) PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OF ANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PACKAGES TO THE CUSTOMER. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer. The Customer acknowledges and agrees that Mail Service has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that Mail Service does not insure nor process claims of any kind for USPS shipments.
22. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). MAIL SERVICE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER'S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON AN "AS AVAILABLE" BASIS AND MAIL SERVICE MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR MAIL SERVICE's WEB PAGE IS AT CUSTOMER'S SOLE DISCRETION AND RISK MAIL SERVICE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM MAIL SERVICE'S WEBSITE.
23. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF MAIL SERVICE, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED THE AMOUNT REFERENCED ABOVE IN THIS AGREEMENT BUT IN ALL EVENTS NOT GREATER THAN $100.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. MAIL SERVICE SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY NEW YORK LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MAIL SERVICE BE LIABLE TO CUSTOMER FOR ANY SPECIAL, BUSINESS, COMMERCIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
24. [ All notices to the Customer required or permitted under this Agreement shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer's e-mail address on record, upon transmission by fax to Customer's fax number on record with receipt, or as provided herein after sending written notice to the Customer's address on Form 1583 or to such other address provided to Mail Service. Except as provided herein, all notices, requests, consents, demands, and other communications hereunder must be in writing and shall be personally delivered, sent by overnight or commercial delivery, or by certified mail return receipt requested to the parties' addresses set forth in the beginning of this Agreement. Notice shall be deemed given upon receipt or refusal to accept delivery, on a business day, otherwise on the next business day thereafter.]
25. This Agreement shall be interpreted and construed in accordance with the laws of the State of New York without regard to the conflicts of laws provisions thereof. Any action to enforce this Agreement or any action arising from this Agreement, the Service, the Mailbox or the relationship created between the Customer and Mail Service by this Agreement shall be commenced or brought exclusively in the courts of the County of Rockland and State of New York, or the federal courts of the United States of America, located in such State, except as provided herein, and each party expressly waives any objection they may now or hereafter have to the exclusive jurisdiction and venue of such courts. The Customer consents and stipulates to venue and personal jurisdiction in the state and federal courts in and/or for Rockland County, New York, USA as to any and all lawsuits or causes action arising from this Agreement, the Service, the Mailbox or the relationship between Customer and Mail Service created by this Agreement. Customer acknowledges and agrees that it is establishing minimum contacts with the County of Rockland and the State of New York for purposes of asserting personal jurisdiction over the Customer for any claims arising from this Agreement, the Service, or the relationship created between the Customer and Mail Service by this Agreement.
26. No amendment, waiver or consent with respect to any provision of this Agreement shall in any event be effective, unless the same shall be in writing and signed by the parties hereto, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Further, in the event of a breach of this agreement by one party, the failure of the other party to take any action with respect to the breach, whether or not the matter is a continuing breach, or to any other or subsequent breach whether of the same or different nature, is not a waiver of such breach unless same is expressly waived in writing. The waiver by either party of a breach of this Agreement shall not be deemed to constitute a waiver of any other or subsequent breach whether of the same or different nature. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. If the case that any provision of this Agreement shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this Agreement, but all other provisions of this Agreement and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
27. Customer (including its agents, employees and representatives) represents to Mail Service that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism. Customer (including its agents, employees and representatives) represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this Agreement shall immediately terminate without further notice from Mail Service.
POWER OF ATTORNEY AND APPOINTMENT OF MAIL SERVICE AS CUSTOMERâ€™S AGENT Customer must appoint Mail Service as the agent for Customer for the performance of customs clearance, preparation of shipping documents, with full power of attorney to act as such an agent of the Customer to the extent allowed by law for the specific purposes enumerated in this Section, including without limitation preparation of a certificate of origin, airway bill or any other document required to ship merchandise for Customer. Customer must acknowledge that it has a duty to and is solely liable for providing all information required by United States' laws and regulations, including without limitation, information required by 15 CFR sec. 30 and maintaining all records as required under the customs or other government agency laws; Mail Service assumes no responsibility to act as a record-keeper or record-keeping agent for the either the Customer or the USPPI. Customer is responsible to supply to Mail Service all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number (ECCN), Schedule B classification and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Statistics Regulations (FTSR)