MailboxPark – Terms of Service Agreement
Last Updated: July 7, 2017
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement (this “Agreement”) is entered into by and between 250OK LLC d/b/a MailboxPark, an Indiana limited liability company (“MailboxPark”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the services accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Whether you are simply browsing or using this Site utilize Services, your use of this Site signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the applicable product agreements
The terms “we”, “us” or “our” shall refer to MailboxPark. The terms “you”, “your”, “User” or “partner” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
MailboxPark may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, MailboxPark may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information current. MailboxPark assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
- ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, MailboxPark finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. MailboxPark shall not be liable for any loss or damage resulting from MailboxPark’s reliance on any instruction, notice, document or communication reasonably believed by MailboxPark to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, MailboxPark reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
- ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to MailboxPark that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If MailboxPark has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, MailboxPark reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, and Payment Method(s) (as defined below). For security purposes, MailboxPark recommends that you change your password at least once every six (6) months. You must notify MailboxPark immediately of any breach of security or unauthorized use of your Account. MailboxPark will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss MailboxPark or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
- AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party with regard thereto.
You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with MailboxPark.
- GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not use this Site or the Services in a manner (as determined by MailboxPark in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by MailboxPark.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access MailboxPark Content (as defined below) or User Content through any technology or means other than through this Site itself, or as MailboxPark may designate.
- You will not re-sell or provide the Services for a commercial purpose, including any of MailboxPark’s related technologies, without MailboxPark’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
MailboxPark reserves the right to modify, change, or discontinue any aspect of this Site or the Services, at any time.
- YOUR USE OF MAILBOXPARK CONTENT
In addition to the general rules above, the provisions in this Section apply specifically to your use of MailboxPark Content received through MailboxPark’s application.
MailboxPark Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“MailboxPark Content”), are owned by or licensed to MailboxPark in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. MailboxPark Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of MailboxPark. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. MailboxPark reserves all rights not expressly granted in and to the MailboxPark Content, this Site and the Services, and this Agreement do not transfer ownership of any of these rights.
Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any MailboxPark Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the MailboxPark Content or the User Content therein.
- ACCOUNT TERMINATION POLICY
MailboxPark may terminate a User’s access to this Site or the Services found at this Site for any reason, including but not limited to creating more than one account per User. If MailboxPark terminates your access to this Site or the Services found at this Site, MailboxPark may, in its sole and absolute discretion, remove and destroy any data and files associated with your account on its servers.
- ADDITIONAL RESERVATION OF RIGHTS
MailboxPark expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or for any reason (as determined by MailboxPark in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by MailboxPark in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of MailboxPark, its officers, directors, employees and agents, as well as MailboxPark’s affiliates, including, but not limited to, instances where you have sued or threatened to sue MailboxPark.
MailboxPark expressly reserves the right to terminate, without notice to you, any and all Services where, in MailboxPark’s sole discretion, you are harassing or threatening MailboxPark and/or any of MailboxPark’s employees.
- TRADEMARK AND/OR COPYRIGHT CLAIMS
MailboxPark supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please contact email@example.com.
- LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by MailboxPark. MailboxPark assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, MailboxPark does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release MailboxPark from any and all liability arising from your use of any third-party website. Accordingly, MailboxPark encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. MAILBOXPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAILBOXPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND MAILBOXPARK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY MAILBOXPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL MAILBOXPARK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT MAILBOXPARK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL MAILBOXPARK’S TOTAL AGGREGATE LIABILITY EXCEED $10,000.00 USD.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
You agree to protect, defend, indemnify and hold harmless MailboxPark and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by MailboxPark directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement, or your use of this Site or the Services found at this Site.
- DISCONTINUED SERVICES; END OF LIFE POLICY
MailboxPark reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although MailboxPark makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, that product or service will no longer be supported by MailboxPark, in any way, effective on the EOL date.
No Liability. MailboxPark will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
You acknowledge and agree that your payout transactions will be processed by MailboxPark, a 250OK LLC company, 9247 North Meridian Street, Suite 222, Indianapolis, Indiana, 46260. MailboxPark will use all commercially reasonable efforts to pay out any monies due for a particular calendar month by the end of the seventh business day of the following calendar month.
MailboxPark expressly reserves the right to change or modify its payout methodology and/or rate at any time, and meaningful changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
Except as prohibited in any product-specific agreement, you may receive payout transactions by utilizing any of the following “Payment Methods”: (i) by using PayPal (as defined below) or (ii) by using Direct Deposit (ACH), for U.S.-based customers only, each a “Payment Method”. Your Payment Method on file must be kept valid by you.
You acknowledge and agree that where funds are issued to your Payment Method, MailboxPark’s issuance of a receipt is only confirmation that MailboxPark has submitted your payout to the Payment Method, and that MailboxPark has absolutely no control over when the funds will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your funds.
If you are being paid on a monthly basis, your monthly payment date will be based on the final day of the month plus seven (7) business days.
Qualifying Domains For Guaranteed Minimum Payout
Although you may be compensated for providing mail traffic from any domain, only the following top-level domains (“Approved Domain(s)”) qualify for a guaranteed minimum payout with MailboxPark: .com, .net, .org, .ws, .co.uk, .tk, .de, .it, .ru, .jp, .com.au, .fr, .fm, .es, .ca, .co.za, .com.br, .hu, .com.es, .in, .no, .be, .nl, .ch, .dk, .cz, .pl, and .co. The list of approved top level domains is subject to change at any time without notice. If you believe you own a top level domain that is not currently considered an Approved Domain, please contact firstname.lastname@example.org for consideration.
All domains must be verified by MailboxPark (“Verified Domain(s)”) for a given calendar month in order to properly associate the domain and its mail traffic to a User. A domain registered with MailboxPark becomes a Verified Domain once MailboxPark successfully confirms the domain’s MX records are pointed to the MailboxPark system. Once a domain has been successfully verified, User is shown a green check mark by a domain name on the Manage Domain page within MailboxPark. MailboxPark cannot monetize unverified domains in any way and is not responsible for domains that fail to verify. Partner is solely responsible for managing and troubleshooting the verification process. If you believe there is a technical issue with the verification process on MailboxPark, please contact email@example.com.
A User’s domain must be both Approved and Verified to be considered a qualified domain (“Qualified Domain(s)”).
Standard Payout Amount
Users with a Qualified Domain(s) on the MailboxPark platform can earn a payout (“Standard Payout”) on the commercial email (“Commercial Email”) sent to their domains. Commercial Email is defined as email generally originating from actual commercial enterprises such as email service providers. Mail originating from individual email accounts, bots, phishing attempts, and other non-commercial mail is generally not considered Commercial Mail. The scope of Commercial Mail may be changed by MailboxPark from time to time as the originating IP addresses of known Commercial Mail senders may change.
As of the updated date of this Terms of Service, the Standard Payout is $1.00 USD at a cost per thousand Commercial Mail messages (“CPM”). The Standard Payout amount is subject to change at any time and without notice. We will attempt to notify User of the changes to the Standard Payout via the Site and Terms of Service.
Payout Alternative; Guaranteed Minimum Payout Amount
MailboxPark will count the number of Users’ Qualified Domains on a daily basis and calculate an average domain count (“Average Domain Count”) for the calendar month. If the Users’ Average Domain Count is 1,000 or fewer Qualified Domains, User qualifies for the guaranteed minimum payout (“Guaranteed Minimum Payout”) for that calendar month.
As of the updated date of this Terms of Service, the Guaranteed Minimum Payout amount for a User with 1,000 or fewer Qualified Domains is currently $.05 USD per Qualified Domain, per calendar month. The Guaranteed Minimum Payout amount is subject to change at any time and without notice. We will attempt to notify User of the changes to the Guaranteed Minimum Payout via the Site and Terms of Service.
For any User, the maximum Guaranteed Minimum Payout for a single calendar month is $50.00 USD.
For a Qualified Domain that fails to generate commercial email traffic after 30 days, we reserve the right to disqualify that domain from the Guaranteed Minimum Payout option at any time and without notice.
One Account Per User
User is permitted to register only one (1) MailboxPark account. Registering or operating more than one MailboxPark account is a violation of this Terms of Service and may void any Guaranteed Minimum Payout fees owed to the offending User. In addition, registering or operating more than one MailboxPark account is cause for account termination.
Accessing Payment Records
You will be able to access your Payment activity and records from the “Payment” link on the Site. Your Payment page on the Site will show the amount of funds owed to you. MailboxPark reserves the right at all times to disclose any information about your Account as MailboxPark deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from your Account, in the sole and absolute discretion of MailboxPark.
Your Account payout amount must be meet or exceed $5.00 USD before MailboxPark will issue a payment to your preferred Payment Method.
PAYMENT BY PAYPAL
By using MailboxPark’s PayPal payment option (“PayPal”), you receive your earnings using PayPal. In connection therewith, you agree to allow PayPal to receive the full amount of your owed monies from your MailboxPark account (“MailboxPark Account”). PayPal is the only Payment Method available to non-U.S. partners.
It is your responsibility to keep your PayPal Account current. You acknowledge and agree that (i) PayPal reserves the right to decline a transaction for any reason and (ii) in such event, it is solely your responsibility to remedy any and all issue with your PayPal Account to receive your MailboxPark payment.
PAYMENT BY ACH DIRECT DEPOSIT
By using MailboxPark’s ACH Direct Deposit payment option (“Direct Deposit”), you receive your earnings using Direct Deposit. In connection therewith, you agree to allow ACH Direct Deposit to receive the full amount of your owed monies from your MailboxPark account (“MailboxPark Account”).
It is your responsibility to keep your Direct Deposit account current. You acknowledge and agree that (i) ACH Direct Deposit reserves the right to decline a transaction for any reason and (ii) in such event, it is solely your responsibility to remedy any and all issue with your Direct Deposit Account to receive your MailboxPark payment.
- UNCLAIMED PROPERTY; DORMANCY CHARGES
Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) MailboxPark is unable to issue payment to such customer, then MailboxPark shall turn over such account balance to the State of Indiana in accordance with state law. You acknowledge and agree that in either case (i) or (ii) above, MailboxPark may withhold a dormancy charge in an amount equal to the lesser of $15.00 or the total outstanding account balance associated with such customer.
- SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
- NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
- COMPLIANCE WITH LOCAL LAWS
MailboxPark makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
- GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Indiana, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Marion County, Indiana, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Marion County, Indiana. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
- CONTACT INFORMATION
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org or regular mail at the following address:
MailboxPark, a 250OK LLC Company
ATTN: Legal Department
9247 North Meridian Street
Indianapolis, Indiana 46260