Terms & Conditions

This MAILBOX Service Agreement ("Agreement") is made and entered into by the customer identified above ("CUSTOMER") for the use of and services related to a mailbox (the "MAILBOX") located at premises (the “Center”) operated by Passportology, Inc., together with all of its affiliates and subcontractors lawfully doing business under the mark “Passportology” (hereinafter collectively as “PI”) under the terms set forth herein and governed by the laws of the State of Texas.

1. CUSTOMER agrees that CUSTOMER will not use the Center or any PI services for any unlawful, illegitimate or fraudulent purpose or for any 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 U.S. Postal Service Form 1583 ("Form 1583") and any mandated state and local forms appurtenant thereto to be authorized to receive mail or packages at the MAILBOX. However, spouses may complete one Form 1583, as long as both spouses include their separate information on the Form.

2. This AGREEMENT and Form 1583 shall remain confidential, except that this AGREEMENT and Form 1583 may be disclosed upon written request of any law enforcement or other governmental agency, or when legally mandated by federal, state, or local legislation, regulation, or order. Upon request, CUSTOMER agrees to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. CUSTOMER further agrees to sign an updated version of this AGREEMENT and Form 1583 upon request.

3. Possession of the MAILBOX username and password 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 the CUSTOMER, PI 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.

4. Upon expiration, cancellation or termination of this AGREEMENT, PI will:

a. Re-mail (i.e., forward) CUSTOMER's mail for six (6) months, provided CUSTOMER pays the postage, packaging material, and forwarding fees in advance. Additionally, CUSTOMER must pay a monthly storage fee of $10.00 for month 1, and to be determined for months 2 through 6 in advance for the time period that mail is to be forwarded. It is the CUSTOMER's responsibility to make arrangements with PI to identify any mail forwarding needs prior to the expiration, cancellation or termination of this AGREEMENT.

b. Store the mail or packages for up to six (6) months provided CUSTOMER pays a storage fee of $20.00 per month for the time period in which PI holds the mail or package(s), plus a service fee of to be determined for each time CUSTOMER visits PI to pick up such items. It is the CUSTOMER's responsibility to make arrangements with PI to identify any mail storage needs prior to the expiration, cancellation or termination of this AGREEMENT.

c. Retain CUSTOMER's mail, other than Unsolicited Mail, at the Center for a period of ten (10) days, if the customer leaves no forwarding fees and forwarding address. After such time, any mail or package may be discarded or destroyed.

d. Discard or destroy any "Unsolicited Mail" (e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation; or coupons, advertising or other promotional material) delivered to or remaining at PI.

e. Refuse any package addressed to CUSTOMER delivered by any party other than the U.S. Postal Service, such as a commercial courier service.

5. Upon cancellation or termination of this AGREEMENT, PI may:

a. Refuse any mail or package addressed to the CUSTOMER and delivered to PI.

b. Discard or destroy any of the CUSTOMER's mail or packages delivered to or remaining at PI at such time.

6. The term of this 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 PI ’s sole discretion.

7. CUSTOMER agrees that PI may terminate or cancel this AGREEMENT for convenience for any reason by providing CUSTOMER thirty (30) days written notice. CUSTOMER shall be liable for all charges and fees incurred in such thirty (30) day notice of termination period of PI’s termination is for good cause. 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 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 PI or PI '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 provided herein, the actions of any person authorized by CUSTOMER to use the MAILBOX will be attributed to CUSTOMER.

8. Any written notice to CUSTOMER required or permitted under this AGREEMENT shall be deemed delivered twenty-four (24) hours after placement of such notice in the 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 courier 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 prepaid, and addressed to CUSTOMER at CUSTOMER's address as set forth in Form 1583, or on the date of actual receipt, whichever is earlier.

9. As CUSTOMER's authorized agent for receipt of mail, (“mail agent”), PI will accept all mail, including registered, insured and certified items. Unless prior arrangements have been made, PI shall, as mail agent, be obligated to accept only mail or packages delivered by commercial courier services which require a signature from a mail agent as a condition of delivery. CUSTOMER must accept and sign for all mail and packages upon the request of PI. Packages not picked up within three 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, PI, as mail agent, may return the mail or package to the sender and the 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 PI.

10. CUSTOMER agrees and acknowledges that PI’s service as mail agent in no way makes PI the registered agent for service of process for CUSTOMER or any entity owned, managed, formed, or controlled by CUSTOMER. CUSTOMER acknowledges that CUSTOMER shall not use the Center as a physical address for Service of Process or as Registered Agent for any legal entity without the prior written and signed express agreement of PI, the granting, denial, and terms of which are completely at the discretion of PI.

11. Customer understands that customer has privacy rights in Protected Health Information (“PHI”) protected by federal law including under the Health Insurance Portability And Accountability Act (“HIPAA”), as well as personal financial and identification information (“PII”) protected by the Gramm-Leach-Bliley Act and associated Federal Deposit Insurance Cop. (“FDIC”) regulations. Customer acknowledges that if in connection with the Services provided herein, Customer requests in writing for PI to open, scan, and email received mail addressed to Customer which potentially includes PHI and PII, Customer is waiving privacy rights as to such PII and PHI in at least three ways. First, PI personnel will have access to Customers PHI and PII in opening, scanning, emailing, and otherwise processing Customer’s mail. Second, PI’s offices, servers, computers, and peripherical devices are not secure to the extent required by medical service providers or their business associations as defined under HIPAA or to the extent required of financial and consumer credit institutions as required by federal law. Third, email containing the scanned documents with PHI and PII will be stored and transmitted by unencrypted email, which potentially allows a third party to access and read the information transmitted over the internet. By sending a written request for PI to open, scan, and email your mail in this way, Customer knowingly and with full understanding of their rights, waives these otherwise federally protected privacy rights as against PI and its privies involved directly or indirectly in provided the Services to you, and agree to INDEMNIFY, DEFEND AND HOLD HARMLESS PI, 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 OPENING, SCANNING OR EMAILING OF PHI or PII, EVEN IF IT IS ALLEGED, SHOWN, OR PROVEN THAT ALL OR PART OF SUCH LOSSES, DAMAGES, EXPENSES, CLAIMS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENT AMOUNTS, COSTS AND CAUSES OF ACTION ARISE FROM THE NEGIGENCE, IN WHOLE OR IN PART, OF PI, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATIONS, FRANCHISEES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES.

12. CUSTOMER agrees to protect, INDEMNIFY, DEFEND AND HOLD HARMLESS PI , 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, OR TVP’S MAIL AGENT SERVICES, 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 U.S. POSTAL SERVICE OR ANY COMMERCIAL COURIER 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, AND FROM ANY VIOLATION BY CUSTOMER OF APPLICABLE FEDERAL, STATE OR LOCAL LAWS, EVEN IF IT IS ALLEGED, SHOWN, OR PROVEN THAT ALL OR PART OF SUCH LOSSES, DAMAGES, EXPENSES, CLAIMS, DEMANDS, LIABILITIES, JUDGMENTS, SETTLEMENT AMOUNTS, COSTS AND CAUSES OF ACTION ARISE FROM THE NEGIGENCE, IN WHOLE OR IN PART, OF PI, OR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT CORPORATIONS, FRANCHISEES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES.

13. THE PARTIES MUTUALLY ACKNOWLEDGE THAT IN THE EVENT OF ANY ALLEGED BREACH BY PI, DAMAGES WOULD BE IMPOSSIBLE TO ASCERTAIN WITH ANY DEGREE OF CERTAINTY. AS SUCH, CUSTOMER WAIVES ALL RIGHTS TO DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES AND AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF PI , IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AGREED LIQUIDATED SUM $100.00 PER INSTANCE, REGARDLESS OF THE NATURE OF THE CLAIM, EVEN IF IT IS ALLEGED, SHOWN, OR PROVEN THAT THE INSTANCE WAS THE RESULT OF THE CARELESSNESS OR NEGLIGENCE, WHOLE OR IN PART, OR THE INTENTIONAL ACT OF PI OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, PARENT CORPORATIONS, FRANCHISEES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES.

14. CUSTOMER must use the exact mailing address for the MAILBOX without modification as set forth in Section three (3) of Form 1583. The Postal Service will return mail without a proper address to the sender endorsed "Undeliverable as Addressed."

15. Delivery by commercial courier services must be made the Center’s street address only (and not to 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 PI using a U.S. Postal Service address) address format. Upon signing this AGREEMENT, CUSTOMER shall provide two forms of valid identification, one of which shall include a photograph. This AGREEMENT may not be amended or modified, except in a writing signed by both parties.

16. As CUSTOMER’S mail agent, PI reserves the right to open and inspect any packages or mail which may arrive damaged or that may be otherwise of questionable integrity or legality.

17. By agreeing below CUSTOMER forfeits all right to bring suit against PI for any reason, except for enforcement of the terms of this Agreement. In reliance on CUSTOMER’s promise to forego suit, PI agrees to provide the CUSTOMER with the mailbox agent services described in this Agreement.

18. CUSTOMER affirmatively represents that CUSTOMER shall make every effort to learn and obey U.S. law and the laws of Texas, acknowledging the opportunity to engage the legal counsel of CUSTOMER’S own choosing in so doing.

19. This AGREEMENT, and any accompanying appendices, duplicates, or copies, constitute the entire agreement between the Parties with respect to the subject matter of this AGREEMENT, and supersedes all prior negotiations, agreements, representations, and understandings of any kind, whether written or oral, between the Parties, preceding the date of this AGREEMENT.

20. This AGREEMENT may be amended only by written agreement duly executed by an authorized representative of each party (email is acceptable).

21. If any provision or provisions of this AGREEMENT shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intention. All remaining provisions of this AGREEMENT shall remain in full force and effect for the duration of this AGREEMENT.

22. This AGREEMENT shall not be assigned by either party without the express consent of the other party.

23. A failure or delay in exercising any right, power or privilege in respect of this AGREEMENT will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

24. This AGREEMENT is be governed by and construed in accordance with the laws of the State of Texas, which shall supersede the United Nations Convention on Contracts for the International Sale of Goods (CISG) with respect to all rights and obligations under this AGREEMENT.without reference to any principles of conflicts of laws, which might cause the application of the laws of any other state, nation, protectorate, or union, except where wholly superseded or preempted by the laws of the United States of America.

25. PI is not under any obligation under this Agreement to provide or confirm address verification for any form of online advertising, virtual pindrop, or localized search engine services including without limitation: Google My Business (GMB), Bing Places, Apple Maps, Yelp, Angie’s List, or Nextdoor.

26. PI is against holdings itself out as the front office for any business lacking a verified physical domestic presence of either an underlying entity or responsible control person.

27. Any action instituted by either party arising out of this AGREEMENT will only be brought, tried and resolved in the applicable federal or state courts having jurisdiction in Harris County, Texas. EACH PARTY HEREBY CONSENTS TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF A COURT OF COMPETENT JURISDICTION IN HARRIS COUNTY, TEXAS.

By checking the box, you accept this AGREEMENT on the date stated in the introductory clause.