myUSAmailbox.com.ph Terms And Conditions Of Use 

1.         Welcome to the web site ("Site") for MYUSAMAILBOX.COM.PH® ("MYUSAMAILBOX.COM.PH "). By accessing, browsing and/or using the site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use ("terms and conditions of use") including the privacy policy ("privacy policy") (collectively the "terms") and to comply with all applicable laws and regulations. In addition, you hereby represent and certify that you are at least eighteen (18) years of age. If you do not or cannot agree to the terms, you are not authorized to use the site or any of the services offered through the site.

        MYUSAMAILBOX reserves the right, in its sole discretion, to update, revise, supplement and to otherwise modify these terms, and to impose new or additional terms and conditions on your use of the site from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in these terms as "additional terms") shall be effective immediately and incorporated into these terms upon notice thereof, which may be given by any reasonable means including by posting to the site.

Your continued viewing or use of the site following such notice shall be deemed to conclusively indicate your acceptance of any and all such additional terms.

2.        If you use this site and/or service, you are responsible for maintaining the confidentiality of your account and/or password and for restricting access to your computer, and you agree to accept responsibility for all activities and all the content you post and/or submit that is under your account and/or password.

You represent and warrant that any information and/or material you post or provide to MYUSAMAILBOX by means of the Site, including, without limitation, as part of any registration or subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party's rights and offered in good faith.

You agree NOT to use the Site for or in connection with any of the following activities: (i) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way; (ii) using the Site for any fraudulent or illegal purpose; (iii) e-mailing, uploading, or otherwise transmitting or using the Site in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and (iv) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or the operation of the Site.

3.         MYUSAMAILBOX attempts to be as accurate as possible when posting information on the Site. However, MYUSAMAILBOX does not warrant that product and/or service descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Furthermore, it is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided. The information on this web site may be changed or updated without notice. MYUSAMAILBOX may also make improvements and/or changes in the products, services and/or programs described on this web site at any time without notice.

Information provided on this web site is believed to be reliable when posted.

However, MYUSAMAILBOX cannot guarantee that information will be accurate, complete and current at all times. All information in this web site is subject to modification from time to time without notice.

MYUSAMAILBOX has used its discretion, best judgment and all reasonable efforts in collecting and preparing the information, documents (incl. copy, graphics, pictures, etc.) or other items provided or available herein, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, the warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights.

4.         All site design, text, graphics, interfaces, and the selection and arrangements thereof are (c) 2007, MYUSAMAILBOX ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of using the Service of MYUSAMAILBOX or using this site as a resource. Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of MYUSAMAILBOX is strictly prohibited.

5.         All trademarks, service marks, and trade names (collectively the "Marks") are proprietary to MYUSAMAILBOX or other respective owners that have granted MYUSAMAILBOX the right and license to use such Marks.

6.         Customer must complete USPS Form 1583 in order for MYUSAMAILBOX to provide a Mailbox or the Service.  MYUSAMAILBOX may not accept mail for the Customer unless the Customer has properly completed USPS Form 1583 and all other legal requirements have been met.  By completing USPS Form 1583, the original of which will be provided to the United States Postal Service (“USPS”), the Customer is expressly appointing MYUSAMAILBOX as its agent for receipt of any mail, packages or parcels addressed to the Customer and delivered to MYUSAMAILBOX at LBC Mabuhay USA, 362 East Grand Avenue, South San Francisco, California 94080 or at any other address which MYUSAMAILBOX may from time to time designate.  MYUSAMAILBOX will retain a copy of Customer’s USPS Form 1583 which will be made available at all times for examination by USPS postal representatives and postal inspectors.  MYUSAMAILBOX reserves the right to, at its sole discretion, return to sender, destroy, or otherwise discard any mail received for a Customer that has failed to agree to the terms of this AGREEMENT or has failed to execute and deliver to MYUSAMAILBOX a properly completed USPS Form 1583 along with a copy of two acceptable forms of identification on file or has failed to validate his/her identity to MYUSAMAILBOX’s sole satisfaction.

7.         Customer agrees to pay all setup fees, shipping fees, taxes, customs duties and other charges incurred for all Services provided by MYUSAMAILBOX. 

Shipping charges are based on the mode of shipping and weight and are calculated in increments of one (1) pound.  For example, shipments weighing up to one (1) pound will be charged for shipping based on one (1) pound and shipments weighing more than one (1) up to and including two (2) pounds will be charged for shipping based on 2 pounds and so on.  Dimensional weight charges may apply on bulky, lightweight packages.  Dimensional weight is used when the result of multiplying the measurement in inches of package height times package width times package length divided by 166 is more than the actual weight in pounds.

8.         MYUSAMAILBOX cannot confirm the shipping cost until you make a shipping request; by submitting a Shipping Request Form and/or until such time that the actual package is in our possession and inspect the package and/or its contents as indicated in the form.  However, we do NOT charge your credit card until after your order has entered the shipping process.

9.        Customer agrees to follow the General Regulations and Restrictions that apply governing Air and/or Sea Cargo shipment:

Restricted or Prohibited Items - Prohibited items are generally those not allowed be to be brought into the country except when given permission under highly controlled conditions as provided for in the laws prohibiting them. The following is a sample of items that cannot be shipped to the Philippines (See Prohibited Item List for more details):

Currencies, Checks, Money Orders, Travelers Checks

Jewelry

Gunpowder, Firearms and Ammunition

Realistic toy guns

Narcotics, opium, and opium smoking paraphernalia

Articles or Drugs intended for abortion

Pornography

Adulterated and misbranded drugs

Counterfeit, altered, or imitated coins, paper money, banknotes, and securities

Gambling machines and articles

Gold/silver and precious metal bullion

Large electronics and appliances

Commercial Quantity – MYUSAMAILBOX. cannot ship any items of the same kind in commercial quantities.  Quantity of the same kind greater than 12 is considered commercial quantity.

10.       The Customer acknowledges and agrees that MYUSAMAILBOX may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer’s designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00.  If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, MYUSAMAILBOX has the right at its sole option to immediately terminate Service and/or this AGREEMENT.

11.       All fees charged pursuant to this AGREEMENT are subject to change by MYUSAMAILBOX without prior notice to Customer.  MYUSAMAILBOX will not prorate fees or provide refunds for cancellation of any service.  

12.       MYUSAMAILBOX shall hold and forward any mail, packages or parcels of the Customer for a period of not longer than 30 days after expiration, termination or cancellation of this AGREEMENT. These services will be provided only to the extent that the Customer pays in advance for all packing, postage and MYUSAMAILBOX applicable fees. . .  All fees payable for such services shall be charged at the maximum shipping rates. If, upon termination of this Agreement or upon expiration of Customer’s prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer’s Mailbox contents, MYUSAMAILBOX may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer’s mailbox after 30 days of termination, are subject to be discarded, destroyed or otherwise disposed of by MYUSAMAILBOX  Customer waives and releases MYUSAMAILBOX from compliance with any obligation to forward or re-mail such mail, packages or parcels provided for under federal law or USPS rules and regulations and specifically agrees that MYUSAMAILBOX does not have any obligation to forward or re-mail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT. The foregoing is intended to be a written instruction from the Customer to MYUSAMAILBOX that Customer’s mail, packages and parcels need not be re-mailed to Customer as otherwise required in the USPS Domestic Mail Manual’s conditions for Commercial Mail Receiving Agencies.  The Customer acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of this AGREEMENT. Customer agrees that it will notify all persons of the change of address upon termination of this Agreement.

13.       If Customer refuses to accept mail, packages or parcels from MYUSAMAILBOX mailed or forwarded to Customer pursuant to this AGREEMENT, MYUSAMAILBOX may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by MYUSAMAILBOX in connection with such returns.  Upon the request of MYUSAMAILBOX, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by MYUSAMAILBOX.

14.       The Customer acknowledges and agrees that MYUSAMAILBOX will not accept certified, registered or restricted delivery mail, package, parcels or "postage due" mail and/or COD packages on behalf of the Customer. At its sole discretion, MYUSAMAILBOX may refuse to accept such items on behalf of Customer under any circumstances.

15.       The Customer agrees that mail, packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer’s Mailbox and/or as soon as the items listed in the Shipping Request Form are complete.  The Customer expressly releases MYUSAMAILBOX from all further responsibility or liability with respect to mail, packages and parcels received by MYUSAMAILBOX on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of mail, packages or parcels, and for other services as may be purchased from MYUSAMAILBOX.  Customer agrees and acknowledges that it will not use or permit the Mailbox or Service to be used for any other purpose.  Use of the Mailbox for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer. 

15.       MYUSAMAILBOX will provide the Customer with a mailing address for the Mailbox and Service. The Customer agrees not to modify or alter such mailing address. The Customer acknowledges and agrees that MYUSAMAILBOX has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this AGREEMENT. Customer further acknowledges that MYUSAMAILBOX may return to sender or discard any mail, packages and parcels that is received at such mailing address but is addressed to a name not previously registered with MYUSAMAILBOX or is addressed to a name that has not completed the requirements set forth by MYUSAMAILBOX to verify the identity of such name, or is addressed to a name for which MYUSAMAILBOX has not received a properly executed form 1583 and two forms of identification.

16.       The Customer acknowledges and agrees that MYUSAMAILBOX cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Mailbox or Service with such agencies and all USPS postal representatives and postal inspectors upon request.  The Customer further acknowledges and agrees that MYUSAMAILBOX may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena Customer specifically indemnifies and holds harmless MYUSAMAILBOX from any and all liability, claims, damages, losses or causes of actions arising from the release of information regarding the Customer or the Customer’s use of the Mailbox to any person, or local, state or federal agency or to the USPS.   The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If MYUSAMAILBOX suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, MYUSAMAILBOX may proceed to immediately terminate this AGREEMENT and Service.

17.       In order to avoid MYUSAMAILBOX being an unwitting party to fraud or other illegal activities, shall MYUSAMAILBOX suspect any package of containing any illicit, dangerous or stolen items, MYUSAMAILBOX may inspect such package. Furthermore, if MYUSAMAILBOX receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by MYUSAMAILBOX, MYUSAMAILBOX may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer’s mailbox as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at MYUSAMAILBOX’s sole discretion.

18.       The Customer agrees and acknowledges that MYUSAMAILBOX may at its sole option cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days notice. Such notice may be provided in written, e-mail or other electronic form. Notwithstanding the above, MYUSAMAILBOX may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to:

(1) the Customer does not provide prompt payment to MYUSAMAILBOX when due;

(2) the Customer’s volume of mail, packages and/or parcels is excessive and unreasonable;

(3) the Customer’s behavior towards MYUSAMAILBOX employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;

(4) the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors; 

(5) the Customer fails to provide or MYUSAMAILBOX is unable to validate correct and accurate contact and personal information of Customer as requested by MYUSAMAILBOX

(6) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or

(8) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by MYUSAMAILBOX.

The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.

19.       The Customer agrees to protect, defend, indemnify and hold harmless MYUSAMAILBOX, 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 MYUSAMAILBOX, including, without limitation, any claim for personal injury or property damage, arising from: (i) this AGREEMENT; (ii) the Service provided to Customer by MYUSAMAILBOX; (iii) the Customer’s use or possession of the Mailbox; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to MYUSAMAILBOX’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include MYUSAMAILBOX and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.

20.       CUSTOMER AGREES AND ACKNOWLEDGES THAT MYUSAMAILBOX IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT MYUSAMAILBOX IS NOT A CUSTOM’S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OF ANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PACKAGES TO THE CUSTOMER.   Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer.  The Customer acknowledges and agrees that MYUSAMAILBOX has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that MYUSAMAILBOX does not insure nor process claims of any kind for USPS shipments

21        CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). MYUSAMAILBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER’S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A “AS AVAILABLE” BASIS AND MYUSAMAILBOX MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR MYUSAMAILBOX’s WEB PAGE IS AT CUSTOMER’S SOLE DISCRETION AND RISK MYUSAMAILBOX WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM MYUSAMAILBOX’S WEBSITE. . 

22.       THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF MYUSAMAILBOX, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED $100.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. MYUSAMAILBOX SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT.  ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED.  ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY TEXAS LAW.  IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL MYUSAMAILBOX BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER. 

23.       When you visit MYUSAMAILBOX.COM.PH and/or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing with your written signature. You further agree that you shall not challenge the validity, enforceability or admissibility of the electronic communications on the grounds that it was electronically transmitted or authorized. In addition, you acknowledge that you have had the opportunity to print all electronic communications.

24.       All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer’s e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer’s fax number on record, two (2) days after sending the notice via a commercial courier service to the Customer’s address on Form 1583 or at the time such notice is delivered to the Customer.

25.       The laws of the Philippines (excluding any principles of conflicts of laws) govern your use of the Site, the Services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in the Philippines . To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR COURTS LOCATED IN PASAY CITY, METRO MANILA, PHILIPPINES.

26.       If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.

27.       Furthermore, no delay or omission by MYUSAMAILBOX to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by MYUSAMAILBOX. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

28..      Customer (including its agents, employees and representatives) represents to MYUSAMAILBOX that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, 66 F.  Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control.  If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from MYUSAMAILBOX.