ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. The Business, Mail, Phone and Virtual Services, (hereafter, “Services,”) are offered to You conditioned on Your acceptance without modification, of the terms and conditions, contained in this Agreement. Your use of the Services described herein and below constitutes Your agreement to the terms and conditions stated in this Agreement. Each person that uses the Services, or that enters into a contract, in writing, over the telephone, facsimile or online, on behalf of its employer or other third party, represents that such person is fully authorized to accept these terms on behalf of its employer's or the third party's behalf. Unless explicitly stated otherwise, this Terms of Service Agreement will govern the use of any new features that augment or enhance the current Services, including the release of new Company resources and services. In the case of any violation of these terms, the Company reserves the right to seek all remedies available by law and in equity for such violations.
- IRVINE VIRTUAL OFFICE. (interchangeably referred to as “Irvine Virtual Office", "IVO", "we", "us", “Lessor”, and applicable possessive pronouns), a California Limited Liability Company, operates Irvine Virtual Office Internet-powered virtual office, postal mail, business phones, live receptionist, office rentals, and related business services (“the Services”) and the website at www.IrvineVirtualOffice.com, and at www.ocvirtualoffices.com, ("the Website"). “Irvine Virtual Office, Corp." includes the company's owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns, and is currently located at 2372 Morse Avenue, Irvine, California 92614. The Services are provided to you (also "Client") under the terms and conditions of this Agreement and any modifications to it that we may make from time to time and all other terms, conditions, rules of operation or policies that we may make from time to time.
- As used in this Agreement, the term "Client" means Client, or you, and/or the company, business or entity that you represent, or enter into this Agreement on behalf of, or “Lessee”, as well as all users of the Services through your account, including through the use of sub-accounts that you may create, allow to be created or accessed by other users, or otherwise have reason to know exist within your account (each, a "User"). You represent and warrant that you have authority to bind to this Agreement other Users in your account as if such Users were the legal person referred to as "Client" and "you" herein, and that you will indemnify us against any claims by such Users that are premised on assertions they are not bound by the User Agreement. You represent and warrant that you are the authorized User and (if applicable) signatory to the payment mechanism used to open and maintain your account, you agree that you are responsible for any use, activity, and charges incurred by you and Users under your account, and you authorize us to charge your payment mechanism for all charges incurred by you and any and all Users.
- IVO hereby grants you a non-exclusive, non-transferable, right to use the Services, solely for your own internal business purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by IVO and its licensors.
- You may not access the Services if you are a direct competitor of IVO, except with IVO's prior written consent. In addition, you may not access the Services for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- By agreeing to these Terms of Service you agree that you are engaging only in lawful business activity.
- You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Service; (iii) create Internet "links" to the Services or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services. User licenses cannot be shared or used by more than one individual User, but may be reassigned by us from time to time to new Users who are replacing former Users who have terminated employment or otherwise changed job status or function and no longer use the Services.
- Compliance with Agreement.
This Agreement governs your use of the Services and related Web sites. We reserve the right, from time to time, with or without notice to you, to change this Agreement in our sole and absolute discretion, effective upon the posting of an updated version of this Agreement, an email to your account on record, notification upon logging in, or insertion into your Irvine Virtual Office online Client Area account (the “Client Area”), or by place a written notice in your mailbox. By continuing the use of the Services, you agree to be bound by any such modifications or amendments to this Agreement, including any materials available on the Website that are incorporated by reference herein, including but not limited to our privacy and security policies. If any change is found to be invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any other changes or the remainder of these terms and conditions. We reserve the right to subcontract any of our rights or obligations under these Terms and Conditions. The most current version of the Agreement, which supersedes prior versions, can be reviewed by clicking on the "User Agreement" link on the Website.
- Term and Termination.
The Initial Term will be as you elect during the online subscription process or as otherwise mutually agreed upon in a separate agreement, commencing on the date you agree to pay for the Services by completing the online subscription form, or on the start date of the separate agreement. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms equal in duration to the Initial Term at the published fees in effect at the time of the automatic renewal of your Services package; if we no longer offer that Services package, we will automatically place you on a package representing its closest equivalent, as measured by features and pricing. Notwithstanding the foregoing, we may terminate this Agreement in our sole discretion upon the expiration of your Initial Term. We may also terminate this Agreement and your Services at any time if we believe, for any reason whatsoever, that you are engaged in unlawful business activity, fraud, or if we consider your conduct upon our premises to be unprofessional or to have a damaging, disruptive, or negative effect on any of the other tenants or Users upon the premises, according to our sole and absolute discretion.
In the event we receive Mail (defined below) after the expiration or termination of this Agreement, we may stamp such Mail “Return to Sender” and/or direct the sender of such Mail to immediately cease sending any Mail to us. If we terminate this Agreement and your services prior to the full running of the term of this agreement, then you shall not be entitled to a refund of any of the pre-paid portion of the fee.
- Irvine Virtual Office and Related Services.
- Business Address
- By consenting to this Agreement, you are making Irvine Virtual Office, Corp. your Designated Agent for Mail. "Mail" means letters and flats, boxes and packages (which include parcels), or any item delivered to our Premises, regardless of the nature of the carrier or delivery mechanism. You must complete United States Postal Service ("USPS") Form 1583 per its and our instructions, in order for us to provide any of the Services. Failure to deliver to us a properly completed USPS Form 1583 or any other required information may result in Mail being sent prematurely to us; such Mail may be charged standard induction fees and stamped "Return to Sender.” Further, you may authorize us to direct the sender of any Mail delivered to us on your behalf to immediately cease sending any Mail to you or us on your behalf. In such case, you hold us harmless from any and all claims arising out of the same.
- Restricted Mail Delivery. You acknowledge and agree that we will not accept restricted delivery mail, packages, or parcels on your behalf unless you specifically authorized us to do so on the USPS Form 1583 that you filed with us or through modifications to that form on the Website. You also acknowledge that we can only guarantee acceptance of certified, registered, or restricted-delivery Mail, packages, or parcels at designated Irvine Virtual Office street addresses, where an Irvine Virtual Office employee is present to receive them, and that such items may not be accepted at Post Office Boxes. By consenting to this Agreement you hereby authorize us to sign for and receive any and all Restricted Delivery Mail that we receive as addressed to you.
- Postage Due. We will not accept "postage due" or COD Mail on your behalf unless you have previously arranged and paid for such acceptance with us. At our sole discretion, we may refuse to accept "postage due" or COD Mail on behalf of Customer. You also hereby authorize us to accept “postage due” mail properly addressed to you, and to charge the postage we have applied to your account.
- Mail Processing and Reshipping.
- Opening of Mail. I understand that opening my mail is a personal and private right which is protected by both state and federal law. However, for convenience of receiving information about the contents of my mail electronically, if I subscribe to “Mail Processing” then I give IVO, as my attorney in fact, the power an authority to open and view any mail addressed to me or my business, or addressed to any of my authorized agents or employees as specified by me to IVO, or mail received by IVO on my behalf.
- View and Send Contents of Mail. I give IVO, as my attorney in fact the power to open and view the contents of my mail, for the limited purpose of scanning the contents of the mail and for the purpose of emailing those contents to me for my viewing and review. You also agree to pay a fee of $1.00 per page for each page of your mail which is scanned and sent to you.
- Power to Destroy Transmitted Mail. I give IVO, as my attorney in fact, the power to destroy my mail by shredding my mail and its contents which have already been opened, scanned and transmitted by fax or email to me, unless I direct, by email or written communication to IVO that the mail or its contents should be forwarded to me intact, or held at the IVO offices for pickup.
- Forwarding Physical Contents of Packages. I give IVO, as my attorney in fact, the power to open any box or package to determine if the mail or item(s) is a product or physical item other than ordinary paper mail or documents, and my attorney in fact may open any packages I may receive in order to ascertain and determine what the contents are. If the contents of any item or mail or any package or box are determined to be physical items, products, samples, electronics, goods or other non-paper products, I give my attorney in fact the power to reseal any such container and forward it to me at the forwarding address I have provided to IVO, or in the event I notify IVO in writing that I would like to pick up the contents of any such package, then IVO may reseal the package pending my retrieval of the package. If IVO forwards any mail, boxers or items to me, then I agree to pay a handling fee and for postage related to the forwarding of any such items or mail.
- Junk Mail. I give IVO as my attorney in fact the power to determine whether or not any mail is an unsolicited advertisement or junk mail by a solicitor, and if IVO, in its sole and absolute discretion, believes it to be junk mail, to destroy rather than scan and transmit any such junk mail.
- Money and Checks. I give IVO as my attorney in fact the power to open any such mail or packages to determine whether or not the contents contains any checks, cashier’s checks, cash or money orders, or the like. In the event that my attorney in fact determines that the mail contains any such checks, money orders, cashier’s checks, cash, my attorney in fact shall immediately transmit an image of such checks, money orders, cashier’s checks, cash to me, and then immediately forward any such checks, money orders, cashier’s checks, cash to me at the forwarding address I have provided to IVO, unless I inform IVO that I or another designated agent of mine shall be authorized to personally pick up the checks, money orders, cashier’s checks or cash.
- Generally. You agree that reshipped Mail is considered to be delivered by us, and any and all of our responsibilities with respect to it terminated, as soon as it is placed in the care of the USPS or other Mail-carrying service. This means that notwithstanding any other provision in this Agreement, once Mail has been placed in the care of the USPS or other Mail-carrying service for reshipment to an address outside our facilities as requested by you, we are not responsible for your Mail, its arrival, or the speed of its delivery. You expressly release us from all further responsibility or liability with respect to reshipped Mail. You also agree that we are not responsible for Mail that is subject to a change-of-address (COA) order with the U.S. Postal Service unless we can be shown beyond any doubt to have actually received such Mail; you assume all risks of using COAs to have the U.S. Postal Service send your mail to us. We are not responsible for the U.S. Postal Service’s compliance (or non-compliance) with your COA request.
- International Parcel and Package Forwarding. If you request forwarding or reshipping of Mail across national borders, you acknowledge that compliance with international laws and treaties requires us to open and inspect all packages (as well as letters and flats that appear to us to contain something other than documents) that we receive before forwarding or reshipping such packages to another country, and you grant us your consent to open any such packages directed to you and delivered to us. Packages that are not, in our sole discretion, capable of being shipped without violation of such laws or treaties, will not be shipped outside the country in which we received them. For such packages, we are not responsible for taking any action other than forwarding the parcel or package, at your expense, to an address in the country in which we received it.
- Undeliverable and Non-Returnable Mail. Mail that is insufficiently addressed for us to correctly determine the recipient but that does identify the correct account may be delivered to the unassigned mail folder of the administrator of your account. If (a) any Mail is insufficiently addressed for us to determine its recipient or we are unable for any other reason to deliver the Mail to its intended recipient, (b) we are unable to return the item to the delivering carrier or the sender, and (c) no customer has claimed the Mail within 30 days of receipt by us, we reserve the right to open the Mail in order to attempt to determine the intended recipient or sender. If, after opening the Mail, we remain unable for any reason to deliver the Mail to its intended recipient or return it to its sender, we will dispose of or destroy the Mail in our sole discretion without compensation to anyone claiming to have been the owner. Remember, you are responsible for picking up your own mail, or for authorizing us to forward it to you. You hereby waive any rights, and release and hold us harmless from any claims, respecting such Mail that satisfies conditions (a) through (c) of this subsection.
- Checks and Currency. You acknowledge that unless you are paying for a plan that expressly includes check deposit services, our responsibility for checks delivered to us but not by us to your online account is limited to reasonable, documented stop-check fees. You agree that we are not responsible for cash delivered to us or for any monetary instruments once they have been placed into the care of a third-party carrier. You acknowledge that you and your senders send cash through the mail or via carriers at your and their own risk, and you solely assume that risk. In accordance with United States law, we will not create scanned images of currency; other scanning-related charges will apply to any request to open and scan envelopes containing currency.
- Apply an identification number by writing, sticker or label, or otherwise, to a package or piece of mail for purposes of storage, notification and tracking.
- Your Irvine Virtual Office Mailing Address. We will provide you with one or more mailing addresses (the “Business Address”) at which you will receive Mail using the Services. You acknowledge that while we endeavor to maintain the availability of the Business Address, we are not liable for changes in their availability, and your sole recourse other than termination is to notify mailers that your mailing address has changed to a different Business Address to be chosen (and, if applicable, paid for) by you. You agree that in posting or otherwise alerting potential correspondents of your Business Address you will not modify or alter the format of the Business Address, including but not limited to not omitting the IVO number (e.g., Ste. 1234). You acknowledge and agree that we have no responsibility or liability for Mail that is not properly addressed according to the format we provide, to USPS specifications, or consistent with any other terms of this Agreement. You agree that if we notify you that certain mailers are using an incorrect format for the mailing address, you will timely ask such mailers to update their address information. In the event that an unreasonably high percentage of your Mail is improperly addressed to you at any Business Address, we reserve the right either to suspend your account or to charge you with surcharges to cover the charges of manually processing such Mail.
- NOTE: You may use the Services for the mail or checks of only the number of individual recipients and business names provided for in your selected plan. A business name includes any term that refers to someone other than an individual, and includes both legal entities and “DBA’s”. Additional business entity names or “DBA’s” to use your Business Address Services are required to be added separately to your account. Normal initial set up fees and set up requirements apply.
- When subscribing to Mail Processing service you must also subscribe to Mail Forwarding, so that upon the opening and scanning of your mail, IVO shall reseal or package the mail, and then forward the opened and repackaged mail to you. Postage and packaging the forwarded, processed mail shall be completed at an extra charge.
- Business Phone & Live Receptionist.
- IVO will answer telephone calls made to you only if you subscribe to our Live Receptionist Services. In the even you register for Live Receptionist applicable charges, as posted on the website will apply. Wireless Cell Phone and Text Messaging service is available within the range of your Wireless Cell Phone company’s cell sites located in the designated coverage area, which is subject to change without notice by your Wireless Cell Phone company. Wireless Cell Phone Service is subject to transmission limitations caused by terrain, atmospheric and like conditions and availability of radio frequency channels. Tele-messaging and Telephone Answering Service may be temporarily interrupted or curtailed due to equipment modification, upgrades, relocations, repairs, and/or similar activities necessary for the proper or improved operation of the service. On a periodic basis, a routine backup and/or maintenance is performed on the Telephone Answering Service (TAS) system, during which time service may be interrupted and calls to subscriber’s number may not be answered. Client agrees that IVO is not required to notify Client and of any foregoing interruptions, suspensions, curtailments and/or failures, and that IVO has no liability for any damage or loss resulting therefrom. Client acknowledges that the Tele-messaging and Telephone Answering service are for legitimate business purposes only.
- Office Space & Conference Rooms.
- Company entitles Users to reserve offices, meeting rooms and conference services ("Facilities") by the day, half day or hour from IVO, its Partners, and members. Use of any Facilities will be subject to: (i) availability of the Facilities; (ii) payment of all fees and charges incurred in reserving and/or using the Facilities; and (iii) compliance with the terms and conditions and/or house rules from time to time applicable to the Facilities. Unless otherwise agreed in writing, settlement of all fees and charges incurred in reserving and/or using the Facilities is to be made by Client prior to use and shall not be considered guaranteed until written confirmation has been provided to Client. Reservations may be made online or in person.
- Cancellations or changes received less than 24 business hours before the reserved time and date will be charged a USD. $25.00 cancellation/handling fee. This also applies if the booking was made less than 24 business hours of reservation date/time. Any costs incurred to third party suppliers (e.g. caterers or equipment suppliers) as a result of cancellation will be payable in full by the Client. Client's written notice to change or cancel an existing reservation must be in writing, and must be sent by email addressed to firstname.lastname@example.org or performed electronically in client's online account on www.irvinevirtualoffice.com. If you do not show up to use your room, you will still be charged the complete fee for the total time you reserved the room, because we will hold the room for you throughout the duration of the reserved time.
- DAMAGES WAIVER: User hereby authorizes IVO to charge initial applicable reservation fees and any and all applicable variable fees including fees incurred for any potential damages.
- You will not damage, deface or alter the meeting space, furniture, furnishings, walls, ceilings, floors, equipment or make or suffer to be made any waste, obstruction or unlawful, improper or offensive use of the meeting space or the common area facilities. You will not cause damage to any part of the building or our property or disturb the quiet enjoyment of any licensee or occupant of the building. At end of your reserved time, the meeting space assigned to you, if any, will be in as good condition as when you first occupied it, normal wear and tear excepted and we may apply additional charges in case of any damage to the facilities. We retain the right to enter your reserved meeting space to inspect it, to make repairs and alterations as we reasonably deem necessary and the cost of any repair resulting from an act or omission by you or your employees, guests and invitees will be reimbursed to us by you upon demand. You assume all risks of loss with respect to your personal property and the personal property of your agents, employees, contractors and invitees, within or about the facilities. You agree to waive any and all acts of recovery against us, or our directors, licensors, officers, agents, servants and employees, for loss of, or damage to your property or the property of others that is under your control to the extent of such loss or damages covered or required to be covered by any insurance policy. You agree that there is no smoking on the premises.
- Customer Account & Client Area.
- When registering for a new account with us, you will enter a confidential password for use in accessing your account via an online web interface. You shall maintain the security and confidentiality of all passwords provided. You agree to notify us immediately if you have reason to suspect unauthorized use of your account.
- Upon registration for the Services, you must provide the name, address and contact information for yourself or a trustee (the "Trustee"), if other than you, in the event your account is terminated and your Mail and/or documents remain in our inventory.
- Irvine Virtual Office delivers the Services, in part, by alerting customers to the presence of Mail in their accounts and to the availability for download of scanned images of their Mail. To facilitate such alerts, you agree to maintain current email address information for each named user in the “Authorized Users” section of the “Client Area” section of the Website.
- Mail Services (Business Address). You authorize us to scan the outside of your Mail; provided, 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 online client area interface, you may direct us to perform the following fee-based actions in respect of your Mail (and when you so direct us, you authorize us to do so): forward Mail to an address you specify, forward Mail to another account, open and scan the internal contents of the Mail envelope, shred or recycle the Mail envelope and its contents, store the envelope and its contents, sign scanned documents electronically, unsubscribe from or opt in to mailing lists, or perform any other actions that we may offer. The Services may include in-person will-call for clients as we may, from time to time, designate.
- You are responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of your account. We are not responsible for items that are recycled or shredded as a result of operational processes from a specific customer request. You must immediately alert us of any fraudulent, unauthorized, illegal or suspicious use of the Services or any other breach of security or unauthorized or illegal activity that you reasonably suspect.
- You acknowledge that we deliver Mail to accounts; we do not warrant that Mail shall never be mis-assigned to another named user within an account or to another account and you acknowledge that in such cases we are not liable to you or the intended recipient and will make our best efforts to notify both the intended recipient and the unintended recipient immediately upon discovery of any error, and to remove the item from the unintended recipient's account.
- You acknowledge that we take our clients’ privacy seriously. Therefore, in the event, however unlikely, that Mail content belonging to a user outside of your account appears in your account by means other than a Transfer from the addressed user (hereafter, "unauthorized mail"), you agree not to request any action with respect to such Mail piece other than to select it via the check box associated with it, and immediately notify our customer service department via www.irvinevirtualoffice.com/Contact so that the mail can be returned to the intended recipient. You further agree not to view, read, copy, print, or otherwise distribute, disseminate, disclose, or use for any purpose any content or information on or within a piece of unauthorized Mail. You agree that violation of these terms shall expose you to legal liability, both criminal and civil, and monetary damages, as well as termination of your account and a stipulated penalty, the reasonableness of which you consent to, of all funds in your account.
- If you share an account with one or more other users, and a Mail piece is addressed to more than one of you, we will attempt to deliver the Mail piece to the first-listed user. If a user in your account other than you requests processing of Mail addressed (solely or jointly) to you, you release and hold harmless Irvine Virtual Office for carrying out any and all such user-requested actions with regard to such Mail piece.
- Note that because the Services are a hosted, online application, we may occasionally need to notify all users of the Services of important announcements regarding the operation of the Service, including notifications of scheduled downtime for maintenance and upgrade. You agree that we are not liable to you for any losses or damages occasioned by downtime.
- Your Account Balance is the total amount of money in your account used to pay for your Monthly Price Plan. A credit is an amount added to the Account Balance, such as funds received from your payment mechanism. A debit is an amount subtracted from the Account Balance, for reasons including renewing your chosen Monthly Price Plan.
- Credit Limit is the total amount of credit we extend to your account.
- Service Suspension and Account Deactivation.
If your Service is placed in Suspension, all service requests will be rejected for lack of funds and execution of Pending Services will be suspended. You will continue to incur charges in respect of your account. Suspension will end only upon our receipt of amounts sufficient to cause your Account Balance to be current. We may also lock your access to your account in the event we have a reasonable basis to believe you are using it for illegal purposes or in violation of this Agreement.
- Service Pricing.
We provide the Services under this Agreement pursuant to prices published on the Website, including at www.irvinevirtualoffice.com/Pricing ("the Pricing Page") which is incorporated into this Agreement by reference, or as provided to you in a customized pricing schedule (as applicable to you, "Service Pricing"). You hereby subscribe to Services under the Service Pricing chosen by you. You acknowledge that you have website access to a schedule detailing the monthly fees (hereafter, "Monthly Price Plan") and all other fees applicable to all Services. All fees charged pursuant to this Agreement are subject to change by us. You agree to pay all activation fees, Monthly Price Plan fees, Mail Processing and storage fees, Live Receptionist and Phone fees, Office Reservations fees, and other charges incurred for the Service Pricing Schedule chosen by you (including charges incurred by persons using your account) and/or for all Services in a timely manner. Services not used in any billing cycle may not be carried over into the next billing cycle.
You agree that we may immediately charge you for all charges or monies owed by you to us. Charges are applied as debits to your Account Balance. By using the Services, you are expressly agreeing that we are permitted to bill you charges associated with the Service Pricing, any applicable tax, customs duties, and any other charges you may incur in connection with your use of the Services. As used in this Agreement, "billing" shall indicate either a charge or debit, as applicable, against your payment method. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information in your client area. If your designated payment method reaches its expiration date, your continued use of the Services constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts.
You will be billed for your selected Services automatically and electronically to your chosen credit card, or through PayPal, or any through any other payment selected by you which is acceptable to and authorized by us.
If you change your credit card number, payment method, or if your credit card expires, you are responsible for updating your credit card and payment information promptly and in a timely manner so that your account does not become delinquent. If your credit card or payment method expires or becomes non-functional, your account may be suspended, services may be terminated.
- You agree and acknowledge that we may at our sole option cancel the Services and terminate this Agreement for any cause at any time and without notice. Any notice we choose to give may be provided in written, e-mail, or other electronic form. Notwithstanding the above, we may terminate this Agreement immediately for cause. You agree that for purposes of this Agreement the actions or failure to act of any User in your account will be attributed to you. Good cause shall include but not be limited to:
- Your services remain in Suspension status for more than 30 consecutive days;
- Your behavior towards our employees or other customers is offensive, abusive, violent, threatening or disruptive;
- You fail to provide or we are unable to validate correct and accurate contact and personal information that we require of all customers;
- You fail to cooperate or provide information in connection with any investigation undertaken by a local, state, or federal authorities, or equivalent governmental agency;
- We determine that the payment mechanism provided by you is likely being or will likely be used in a fraudulent manner; or
- You violate any provision of this Agreement or any other terms and conditions posted by us, or breach any representations or warranties made hereunder.
- You fail to pay us in a timely manner. You fail to update your credit card or payment information which renders uncollectible amounts which are owed to us for providing services to you.
- Termination by You. Except in cases of your failure to pay, your notice to terminate your services will not be final until you have, to our satisfaction, confirmed your identity and authorization to terminate the service in question.
- Once we notify you of termination or approve your notice of termination, your account will go into a Inactive status. In Inactive status, you will no longer incur periodic charges in respect of your account. We reserve the right to use any Account Balance to pay any past due fees and other charges due. You acknowledge that U.S. Postal Service regulations prohibit customers of Commercial Mail Receiving Agencies from filing a change of address form with the USPS, and that you are prohibited from requesting that we refuse Mail, return it to sender, hold Mail during the six months following your notice of termination and return it to the post office, or redeposit Mail in the mails without new postage.
- Re-opening of Account. You may only reopen your account while it is in Inactive status, for a reactivation fee.
- You agree to pay to Irvine Virtual Office, a basic monthly service charge in the as indicated on the website at the time you subscribe to our services, due and payable on the first day of each month, for the duration of this service agreement lease. Unless you agree to a longer term, then this Agreement shall be considered a month to month lease, and may be cancelled at any time by you, the Lessee, subject to the cancellation terms. If Lessee prepays for any period of services, then the term of this lease shall be considered to run throughout the entire term which has been prepaid. If Lessee cancels services prior to running of the term of this agreement, then Lessee shall not be entitled to a refund of any of the pre-paid portion of the fee.
- Services After Cancellation; Refunds.
- At the time of Cancellation, the following will be immediately in effect:
- Account status change to Inactive: You will continue to be able to log in to your online account for six (6) months; however, you will be unable to use any of the Services unless and until requested by you and approved by us. You waive and release us from compliance with any obligation to forward or re-mail Mail received after your account has been terminated and specifically agree that we have no obligation to forward or re-mail Mail to you except as expressly stated in this Agreement. The foregoing is intended to be a written instruction from you to us that your Mail need not be re-mailed to you as otherwise required in the USPS Domestic Mail Manual's conditions for Commercial Mail Receiving Agencies.
- We will cancel execution of your pending Services and delete the corresponding service requests from your account. All USPS Mail will be held in inventory until you reopen your account or your account becomes Terminated.
- Six (6) billing cycles after your account has been Closed, it will be terminated. All USPS Mail held in or delivered to the account will be recycled. Non-USPS Mail delivered to the account will still be returned to the senders.
- Six billing cycles after closure, you agree to the following:
- Any Mail that we receive for your account may be classified as Undeliverable and Non-Returnable Mail and may be assessed an induction fee of $.50 per piece of Mail. USPS First-Class, Priority, Express, accountable, and Parcel Post Mail that newly arrives will be returned to the respective senders. USPS Standard Class Mail that newly arrives will be recycled by the system. If any Mail cannot be returned to the sender and you have provided us with no further instruction as to its disposition, we reserve the right to consider such Mail abandoned property and to dispose of it as we see fit.
- You acknowledge that you have sole responsibility for notifying mailers of a mailing address other than the Business Address.
- We will refund any remaining Account Balance to the account's designated payment method within 45 days of Cancellation; provided, however, that we will have no obligation to refund to you any fees if you utilized the Services in facilitation of a spam, fraud, identity-theft scheme, or any other service, or if you continue to use the Business Address after cancellation. In addition, we will have no obligation to refund activation fees; periodic fees such as prepaid Monthly Price Plan charges; any monies that were charged to fraudulently obtained credit cards, are associated with use of your account for activity that in our sole discretion we deem fraudulent, or were credited to your account but not paid by you. If you provide notice of termination of your account within 120 hours of your account’s creation, you may request a refund excluding activation fees; if you did not pay an activation fee, then you may request a refund less a cancellation fee of $25. If you request a refund more than 120 hours after your account’s creation or after we have received mail on your behalf, you may receive a refund of your Account Balance, but Monthly Pricing Plan fees and activation fees will not be refunded. No other refunds are granted except as stated expressly herein or at our sole discretion.
- Upon cancellation you agree to promptly remove the IVO Business Address from all of your websites, correspondence, business cards, stationery, advertising, and other business paraphernalia. If you continue to use the IVO Business Address on any of your websites, correspondence, business cards, stationery, advertising, and other business paraphernalia after cancellation, then you will remain liable for and we may charge your account for any Services or fees that would have applied to your use of the Business Address as if your account and services were active.
- Customer-Returned Mail.
If you refuse or fail to accept Mail forwarded from us pursuant to this Agreement, you will bear any costs of return shipping and re-induction of the Mail at Irvine Virtual Office, Corp. At our request, you must sign for or otherwise acknowledge its acceptance of all Mail sent to you by us.
- Compliance With Laws; Your Information.
- Service of Process.
- On Us as Your Mail Agent. Because many jurisdictions may permit service of process on the “tenant” of a “mail agent” by, among other things, hand-delivering such process to the facility of a mail agent such as Irvine Virtual Office, you acknowledge that service upon you may be effected by such means and you hold us harmless from any and all claims arising out of such attempted service.
- By Mail, In-Person, or Substitute Service. Where applicable law permits a process server to serve you by mail, including where a court of law permits substitute service on grounds you cannot be reached by any other reasonable means or applicable law requires service to be delivered in person, we assume no liability and you hold us harmless should you be deemed to have accepted process as a result of service of process involving us or the Services.
- You also agree to comply with U.S. laws and the laws of your own country. You will not knowingly commit fraud or use the Services to either receive or send illegal materials or controlled substances. You represent and agree that you will not use (or knowingly, recklessly, or negligently allow to be used) the Services for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity with USPS regulations or other applicable laws, statutes, rules and regulations. If we suspect that the Services have been used for any unlawful, fraudulent, or illegal activities, we may inspect your Mail and we may immediately terminate this Agreement and Services. You specifically indemnify us and hold us harmless from any and all liability, claims, damages, losses or causes of actions arising from such inspection of your Mail or from the release of information regarding you or your use of the Services to any local, state, or national agency or to the USPS, or to a private party whose subpoena you fail to contest as specified by us. Except as provided herein, we will preserve the confidentiality of your Mail's contents with respect to third parties and will not use or disclose information contained in your Mail other than as permitted herein and/or to carry out the purposes for which you disclosed that information.
- Fraud Policy and Prosecution.
You agree and acknowledge that you will not use or permit the Services to be used for any illegal purpose. If we in our sole discretion suspect that your application or payment method is fraudulent, or if you are attempting to cause us to ship goods to countries that prohibit such shipments or to which the shipment of such goods from the U.S. is unlawful, then we may in our sole discretion immediately suspend your account without refund and turn all related information over to any or all of the USPS Office of the Postal Inspector, the U.S. Federal Bureau of Investigation, the applicable State Attorney General or Embassy with jurisdiction, and other local and national law enforcement authorities. In other words, if you're thinking of using our Services to facilitate the commission of fraud or of using a stolen credit card to pay for either our Services or merchandise that you want us to forward-ship, do please think again.
- Hold Harmless.
You agree to protect, defend, indemnify and hold us harmless from and against any and all claims, 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) suffered or incurred by us, including, without limitation, any claim for personal injury or property damage, arising from: (i) this Agreement; (ii) the Services provided to you by us; (iii) your use of the Services including without limitation any copyright infringement claims that could arise from our scanning documents at your request; (iv) the failure of any third party, USPS or any commercial delivery or courier service, to provide delivery or courier services accurately and on time; (v) loss, damage, or destruction of your Mail by any cause whatsoever whether or not attributable to our negligence or intentional act; (vi) any violation by you of any federal, state or local laws, statutes, rules or regulations; and (vii) for the consequences of any attempts of third parties to serve you with legal process through the Services or at one of our facilities. For purposes of this Agreement, the indemnified parties shall include Irvine Virtual Office, Corp., Irvine Virtual Office and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
- YOU AGREE AND ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY DAMAGE TO MAIL, OR LOSS OF MAIL DURING OR AFTER MAILING OR SHIPMENT TO YOU. WE ARE NOT RESPONSIBLE FOR MAIL FOR WHICH THERE IS NO RECORD OF RECEIPT BY US. YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES DO NOT INCLUDE CUSTOMS, TAXES, OR FEES AND THAT IRVINE VIRTUAL OFFICE CORP. IS NOT A CUSTOMS AGENT OR BROKER. YOU ARE SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF YOUR PACKAGES AND SHIPMENTS. YOU ARE ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OFANY NATURE RELATING TO THE SHIPMENT OF MAIL TO YOU. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by you. You acknowledge and agree that we have no responsibility or obligation to insure any mail or shipments sent to you.
- YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY, CORRECTNESS, COMPLETENESS, CURRENCY, OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICES ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY LAW. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT OR ANY OTHER CAUSE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL MEET ANY OF YOUR EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICES ARE PROVIDED SECURELY OR WITHOUT ERRORS. THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" BASIS AND WE MAKE NO WARRANTIES THAT THE SERVICES WILL BE TIMELY, AVAILABLE AT ALL TIMES, OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICES OR THE WEBSITE OWNED OR CONTROLLED BY US IS AT CUSTOMER'S SOLE DISCRETION AND RISK. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE USE OF THE WEBSITE.
- WE SHALL NOT BE LIABLE TO CUSTOMER OR ANYONE ELSE FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY NEGLIGENT ACTS OR OMISSIONS IN COMPILING, COLLECTING, PROCESSING, COMMUNICATING OR DELIVERING MAIL OR HANDLING PHYSICAL OR DIGITAL DOCUMENTS, DIRECTLY OR INDIRECTLY. YOU AGREE AND ACKNOWLEDGE THAT THE TOTAL AMOUNT OF OUR LIABILITY, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICES SHALL NOT EXCEED $100.00 WITHOUT REGARD TO THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. WE 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.