Terms & ConditionsTerms and Conditions
1. This Mailbox Service Agreement (“Agreement”) is made and entered into by the customer identified above (“Customer”)and Lakeside Ventures LLC d/b/a Mailbox Junction (MBJ) for the use of and services related to a mailbox (“Mailbox”) at Mailbox Junction identified above under the terms set forth herein.
2. Customer agrees that Customer will not use MBJ premises or any MBJ services for any unlawful, illegitimate, or fraudulent purpose, or for an 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, 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.
3. This Agreement and Form 1583 shall remain confidential, except that this Agreement and Form 1583, including Customer’s name, address, and e-mail address, may be disclosed to MBJ’s franchisor, Lakeside Venters, LLC (“LVL”) or its successor, solely for purposes of communication between LVL and Customer related to Customer’s use of the Mailbox, and upon written request of any law enforcement or other governmental agency, or when legally mandated. Upon request, Customer agrees to sign a revised version of this Agreement and form 1583 whenever any information required on this Agreement or Form 1583 changes.
4. Possession of the Mailbox key shall be considered valid evidence that the possessor is duly authorized to remove any contents from the Mailbox. In the event of death or incapacity of Customer, MBJ 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.
5. Customer agrees to pay an initial set-up fee of $15.00 and/or a refundable security/key deposit of $5.00, as well as applicable monthly service fees. The security/key deposit is refundable upon expiration, cancellation, or termination of this Agreement, provided that Customer returns the key, key card, and/or other similar device, and pays all sums owed to MBJ. Customer does not have the right to copy or duplicate any key or device received from MBJ. Customers may obtain additional keys for an additional deposit of $5.00 per copy. Mailbox service fees are all due and payable in advance and Customer agrees that MBJ may withhold mail and packages from Customer pending payment. There will be no pro-rations or refunds for cancellation of any service. Customer agrees to pay a late fee of $10.00 if any payment is not received within five (5) days of when due. In the event the Mailbox lock is changed upon the request or fault of Customer, Customer agrees to pay a fee of $20.00. Mailbox service fees and other related fees stated herein are subject to change.
6. In the event that Customer receives an unreasonable volume of mail or packages at the Mailbox according to MBJ’s reasonable judgment, MBJ may require Customer to upgrade to a larger size Mailbox and pay any additional charge. MBJ 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.
7. Customer agrees that upon expiration, cancellation, or termination of this Agreement, Customer will not file a change of address order with the post office. Customer and MBJ further agree that upon expiration, cancellation, or termination of this Agreement, Customer authorizes MBJ to accept and destroy any “Unsolicited Mail” (e.g. mail addressed to “occupant”, “current resident”, or similar designation; or coupons, advertising, or other promotional material) and any mail addressed to Customer that is delivered to the Center by the United States Postal Service for six (6) months; and may refuse any packages addressed to Customer delivered by any party other than the United States Postal Service, such as a commercial carrier service. However, at Customer’s election, MBJ will:
a. Re-mail (i.e., forward) Customer’s mail (except for Unsolicited Mail) for six months upon Customer’s payment in advance for postage, packaging material, and forwarding fees. Customer must pay a monthly forwarding fee of $10.00 for month 1, and $15.00 for months 2 through 6 in advance for the time period that mail is to be re-mailed. It is Customer’s responsibility to make arrangements with MBJ to identify any mail forwarding needs prior to the expiration, cancellation, or termination of this Agreement; or
b. Store the mail or United States Postal Service packages (except for Unsolicited Mail) for up to six (6) months upon Customer’s payment in advance of a store fee of $15.00 per month for the time period in which MBJ holds the mail or packages, plus a service fee of $5.00 for each time Customer visits MBJ to pick up such items. It is Customer’s responsibility to make arrangements with MBJ to identify any storage needs prior to the expiration, cancellation, or termination of this Agreement.
8. Twenty-four (24) hours after the expiration, cancellation, or termination of this Agreement, MBJ may:
a. Refuse any mail or package addressed to Customer and delivered to MBJ.
b. Destroy any of Customer’s mail or packages remaining at MBJ for more than 60 days.
9. Customer authorizes MBJ to complete and file a Shipper’s Export Declaration as “agent” on behalf of Customer as “principal party of interest” when necessary and to act on behalf of Customer as Customer’s true and lawful agent for purposes of any and all re-mailing, including ay re-mailing that requires the filing of a Shipper’s Export Declaration by MBJ (i.e., any export transaction), in accordance with the laws and regulations of the United States. Customer further agrees to provide MBJ with true, accurate, and complete information regarding the contents of any mail or packages to be re-mailed by MBJ, whether during the term of the Agreement or after termination or cancellation.
10. The term of Agreement shall be the initial period paid for by Customer and any renewal period paid for by Customer from time to time. Renewal of this Agreement for additional terms shall be at the Center’s sole discretion.
11. Customer agrees that MBJ may terminate or cancel this Agreement for good cause at any time by providing Customer with written notice. Good cause shall include but is not limited to: 1) Customer abandons the Mailbox; 2) Customer uses the Mailbox for unlawful, illegitimate, or fraudulent purposes; 3) Customer fails to pay monies owed MBJ when due; 4) Customer receives an unreasonable volume of mail or packages; 5) Customer engages in offensive, abusive, or disruptive behavior toward other customers of MBJ or MBJ’s employees; and 6) Customer violates any provision of this Agreement. Customer acknowledges that, for the purpose of determining good cause for termination of this Agreement as proved herein, the actions of any person authorized by Customer to use the Mailbox will be attributed to Customer.
12. Any written notice to Customer required or permitted under this Agreement shall be deemed delivered three (3) days after placement of such notice in Customer’s Mailbox or at the time personally delivered to Customer. In the event of a termination notice based upon abandonment of the Mailbox, notice shall be deemed delivered (a) on the next day after placing in the hands of a commercial carrier service or the United States Postal Service for next day delivery, or (b) five (5) days after placement in the United States Mail by Certified Mail, Return Receipt Requested, postage pre-paid, and addressed to Customer at Customer’s address as set for in Form 1583, or on the date of actual receipt, whichever is earlier.
13. As Customer’s authorized agent for receipt of mail, MBJ will accept all mail, including registered, insured, and certified items, and, if authorized on Form 1583, restricted mail (i.e., mail where the sender has paid a fee to direct deliver only to an individual addressee or addressee’s authorized agent). Unless prior arrangements have been made, MBJ shall only be obligated to accept mail or packages delivered by commercial carrier services, which require a signature from MBJ as a condition of delivery. Customer must accept and sign for all mail and packages upon the request of MBJ. Packages not picked up within 7 days of notification will be subject to a storage fee of $5.00 per day per package, which must be paid before Customer receives the package. In the event Customer refuses to accept any mail or package, MBJ may return the mail or package to the sender and Customer will be responsible for any postage or other fees associated with such return. C.O.D. items will be accepted ONLY if prior arrangements have been made and payment in advance is provided to MBJ. In those states where MBJ is required by law to act as Customer’s agent for service of process, Customer hereby authorizes MBJ to act as Customer’s agent for service of process, and this authorization shall remain in effect for as long as this Agreement is in effect, or as long as required by state law, whichever is later. MBJ agrees to follow its standard procedures for the timely placement of mail received at MBJ and addressed to Customer into Customer’s Mailbox, and Customer hereby releases and agrees to protect, indemnify, defend, and hold harmless MBJ from any and all liability that may arise at any time in connection with MBJ’s actions or status as Customer’s agent for service of process.
14. Customer agrees to protect, indemnify, defend, and hold harmless MBJ, LVL, 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 United States Postal Service or any commercial carrier 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, from any penalties, fines, or other liabilities that arise out of, or in connection with, MBJ’s actions or status as Customer’s agent with respect to export transactions, or MBJ’s completion and filing of any Shipper’s Export Declaration on behalf of Customer, and from any violation by Customer of applicable federal, state, or local laws, or the laws of any foreign jurisdiction.
15. CUSTOMER HEREIN AGREES THAT LVL AND MBJ HAVE LIMITED EXPOSURE FOR THE PROVISION OF SERVICES AND THAT IT DOES NOT INSURE OR GUARANTEE THE CONTENTS OF ANY MAILBOX THAT THE TOTAL AMOUNT OF LIABILITY OF MBJ AND LVL, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR PERFORMANCE HEREUNDER SHALL NOT EXCEED $100.00 USD REGARDLESS OF THE NATURE OF THE CLAIM.
16. Customer must use the exact mailing address for the 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.”
17. Delivery by commercial carrier services must be made to MBJ’s street address only (and not 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 MBJ using a United States Postal Service address) address format.
18. Upon signing this Agreement, Customer shall provide two (2) forms of valid identification, one of which shall include a photograph. This Agreement may not be amended or modified, except in writing signed by both parties.
19. Entire Agreement, Amendments, and Severability. This Agreement constitutes the complete agreement of the parties, and shall supersede all prior agreements and may not be modified, or amended, nor may any rights hereunder be waived, in any manner except by a writing signed by both parties hereto. If any provision is help invalid, the rest of the agreement will remain in full effect.
20. Applicable Law, Arbitration, Jurisdiction, and Venue. The Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Unless some other meaning and intent are apparent from the context, the plural shall include the singular and vice versa, and neuter or masculine include the feminine and vice versa. Any dispute under this Agreement will first be submitted to arbitration subject to the provisions of the “Washington Uniform Arbitration Act” (as amended) and submitted within sixty (60) days, cost to be shared equally by the parties. The prevailing party is entitled to attorney’s fees and costs, and the arbitrator’s decision will be final and binding. Any issue not resolved in arbitration will be litigated in Snohomish County Superior Court.