213-232-3800 Sales@TitanOffices.com HQ: 1055 West 7th Street, 33rd Floor, Los Angeles, CA 90017

Website Terms Of Use

Terms of Use

 

Acceptance of Terms

Titan Offices, Inc. (“Titan Offices”) makes this website (the “Site”), including all information, documents, content, materials, software and services (the “Materials”) available on the Site, available to you for your personal, non-commercial use subject to the terms and conditions set forth in this legal agreement (“Terms of Use”). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Titan Offices reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the then-current Terms of Use. If you do not agree to the Terms of Use, do not use the Site.

 

Access to the Site

Titan Offices may alter, suspend, or discontinue this Site or any of the Materials at any time and for any reason, without prior notice to you. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. If you do not abide by the provisions of the Terms of Use, Titan Offices may immediately deactivate or delete your user account and/or bar any further access to the Materials, and/or the Site. Titan Offices shall not be liable to you or any third party for any termination or cancellation of your access to, or use of, the Site.

 

Use of Site Information

You are permitted to view, copy, download and print Materials from the Site, provided that:

 

you use the Materials for informational, personal and non-commercial purposes only; you do not modify or alter the Materials in any way; you do not copy or distribute graphics from the Site separate from their text; you do not quote the Materials out of context; and you display the copyright and trademark notice(s) listed at the bottom of the Terms of Use on all documents or portions of documents and retain any other copyright and other proprietary notices on every copy of Materials from the Site that you make.

 

Titan Offices reserves the right to revoke the authorization to view, copy, download and print the Materials at any time and any such use shall be discontinued immediately upon written notice from Titan Offices. The rights specified above to view, copy, download and print the Materials are not applicable to the design or layout of the Site. Elements of the Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

 

For permission to use third-party materials appearing on the Site, please contact the owner of such materials.

 

Account Security

If you are required to open an account on this Site, you must complete the registration process by providing current, complete and accurate information as prompted by the application registration form. In most cases, you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Titan Offices immediately of any unauthorized use of your account or any other breach of security. Titan Offices will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Titan Offices or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without permission of the account holder.

 

Forums

The Site may contain chat areas, news groups, forums, communities and/or other message or communication facilities designed to enable you to communicate with others (each a “Forum” and collectively “Forums”). You agree to use the Forums only to post, send and receive messages and material that are proper and, when applicable, related to the particular Forum. By way of example, and not as a limitation, you agree that when using the Forums, you will not:

 

use the Forums in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

 

defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;

 

use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

 

upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

 

advertise or offer to sell or buy any goods or services for any business purpose;

 

download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;

 

falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

 

restrict or inhibit any other user from using and enjoying the Forums;

violate any code of conduct or other guidelines which may be applicable for any particular Forum; harvest or otherwise collect information about others, including e-mail addresses;

 

violate any applicable laws or regulations; create a false identity for the purpose of misleading others; or use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Forums or other user or usage information or any portion thereof.

 

Titan Offices has no obligation to monitor the Forums. However, Titan Offices reserves the right to review Materials posted to the Forums and to remove any Materials in its sole discretion. Titan Offices reserves the right to terminate your access to any or all of the Forums or the Site at any time, without notice, for any reason whatsoever. Titan Offices is not responsible for any failure to remove or delay in removing harmful, inaccurate, defamatory, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.

 

Titan Offices reserves the right at all times to disclose any information as Titan Offices deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any Materials, in whole or in part, in Titan Offices’ sole discretion.

 

The Forums are intended for discussion of business and technical issues relating to Titan Offices’ products and services. They are not provided for customer service inquiries, questions regarding unreleased products, or for the solicitation of business.

 

Always use caution when giving out any personally identifiable information. Titan Offices does not control or endorse the content, messages or information found in any Forums and, therefore, Titan Offices specifically disclaims any liability with regard to the Forums and any actions resulting from your participation in any Forums. Managers and hosts may not be authorized Titan Offices spokespersons, and their views do not necessarily reflect those of Titan Offices.

 

Any Materials uploaded to the Forums may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the Materials.

 

Content Provided to Titan Offices or Posted at any Titan Offices Website

Titan Offices does not claim ownership of the content, information or materials that you provide to Titan Offices (including feedback and suggestions) or post, upload, input or submit to the Site or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission you are granting Titan Offices, its affiliated companies and necessary sublicensees permission to use your Submission, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Titan Offices is under no obligation to post or use any Submission you may provide and Titan Offices may remove any Submission at any time in its sole discretion.

 

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Upon reasonable request by Titan Offices, you will provide information related to any claim that your Submission infringes any third party rights.

 

No Additional Rights

You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Titan Offices, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use Titan Offices’ name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Titan Offices.

 

Support

You acknowledge and agree that you use the Site, Software and Services at your own risk. Support regarding the Software and Services is only provided subject to the terms of a separate agreement between you and Titan Offices.

 

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN AN END USER LICENSE AGREEMENT ACCOMPANYING SOFTWARE DOWNLOADED FROM THIS SITE OR OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND Titan Offices, ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY OTHER REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION, CONTENT OR MATERIALS THROUGH THE SITE, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

 

WITHOUT LIMITING THE FOREGOING, Titan Offices MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (III) THE RESULTS THAT YOU MAY OBTAIN FROM USING THE SITE WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS; (V) ANY ERRORS IN SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED; AND, (VI) THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Limitations on Liability

Titan Offices may make changes to the Materials, including without limitation, the prices and descriptions of any listed products at any time, without notice. The Materials on this Site may be out of date and Titan Offices makes no commitment to update such Materials.

 

The Site could include technical or other mistakes, inaccuracies or typographical errors. Titan Offices assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other company sites, services and products are provided “as is” without warranty of any kind, either express or implied.

 

IN NO EVENT SHALL Titan Offices, ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF Titan Offices HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE. Titan Offices IS NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. IN NO EVENT SHALL Titan Offices’ (OR ITS SUPPLIERS’ OR LICENSORS’) MAXIMUM AGGREGATE LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED $1 U.S. DOLLAR. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Indemnification

By using this Site, you agree to indemnify, defend and hold harmless Titan Offices and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site, and/or (c) your activities in connection with the Site.

 

Links to Third Party Sites

This Site contains links to other sites on the Internet that are not within Titan Offices’ control and are owned and operated by Titan Offices’ partners, customers and other third parties (the “External Sites”). Titan Offices will not review and makes no representations whatsoever about any External Sites to which you may have access through the Site. When you leave this Site and access an External Site, you do so entirely at your own risk and Titan Offices is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on the External Sites or for the quality of any products or services available on the External Sites. Titan Offices provides links to External Sites merely as a convenience.

 

You acknowledge and agree that the inclusion of such External Links does not imply that Titan Offices endorses or accepts any responsibility or liability for any content, advertising, products or other material that may appear on or may be available on, from or through any External Sites. You further acknowledge and agree that Titan Offices shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the purchase or use of or reliance on any such content, advertising, products, or other materials.

 

Page Last Updated: February 1, 2017

VIRTUAL OFFICES AND MEETING ROOMS
TERMS OF USE AND SERVICE AGREEMENT

This Agreement is made as of the date set forth in the original purchase order made between Titan Offices, Inc. (the “Company”) and the Client (“Client”). Client wishes to obtain certain services provided by the Company and the Company wishes to provide such services to Client. NOW, THEREFORE, in consideration of the premises and mutual covenants in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

The Nature of the Agreement: The whole of the business center remains the property of the Company and remains in the Company’s possession and control. Client acknowledges that this Agreement creates no tenancy interest, leasehold estate or other real property interest in Client’s favor with respect to the virtual office program. This Agreement is personal to Client and cannot be transferred to anyone else. The Company may transfer the benefit of this Agreement and the Company’s obligations under it at any time.

Duration: This Agreement shall be legally binding as of the date hereof (the “Start Date”) as identified in the original purchase order.

Termination: This Agreement and the Client’s rights to utilize the Company’s virtual services terminate on the “End Date” identified on the original purchase order if unilaterally terminated by either the Company or Client with written notice within thirty (30) days prior to the End Date to the other party. Written notice may be submitted to accounting@titanoffices.com or in person at the center at which services are being provided; otherwise, this Agreement shall be automatically renewed. The “End Date” is the last day of the month that the thirtieth (30th) day of the termination notice falls in.

Phone/Mail: If/when this agreement is terminated Client will immediately discontinue use of Company’s address and/or phone number and will remove Company’s information from all websites and marketing materials. Upon termination of account for any reason phone numbers may be re-assigned immediately to another customer. Company is not liable for damages arising out of such re-assignment of number change. Client waives any claims with respect to such change.

Renewal for “Month-to-Month” Term Items: The term shall extend automatically for successive one (1) month period terms hereof until unilaterally terminated by either the Company or Client after the terminating party shall have given written notice thirty (30) days prior to the last day of the month either party wishes to terminate to the non-terminating party.

Renewal for six (6) and twelve (12)-Month term items: The term shall extend automatically for successive periods equal to the initial term hereof until unilaterally terminated by either the Company or Client after the terminating party shall have given written notice within thirty (30) days prior to the Renewal End Date to the non-terminating party.

Monthly Fee: The Monthly Fee is payable in advance, in full with respect to virtual office services to be provided during such calendar month. Client agrees to pay all taxes and fees on the total monthly invoice total. Any proration of the Standard Fee, where applicable, will be done on a per diem basis.

Payment Terms: All payments are to be made no later than three (3) days after the invoice date or the first day of the month. Client is required to enroll in the Company’s Auto-Bill system using a valid checking account at no cost, or with a credit or debit card for a 3% convenience fee. Payments are charged from the account within three days after the invoice date. If Client’s payment (auto-debit, check or credit card) is declined or if there are insufficient funds, Company will notify Client by email or phone that sufficient payment has not been provided. Insufficient funds available will be treated as late payment, see paragraph (j) below. If Company incurs bank fees due to Client’s insufficient funds those fees are the responsibility of the Client at a rate of forty ($40) dollars.

Additional Services: Fees for additional services are invoiced in arrears and payable per the payment terms in Section 2(h). This may include, but is not limited to printing, postage, conference room usage, and administrative services.

Items to Return and Deposits: Client shall return all keys, keycards, FOBs, phones, and all other items provided by Company, at the termination of this agreement and shall be responsible for the cost of replacing all items that are lost. Any deposits held by Company for such items are done so as security for Client’s faithful performance of its obligations and will be reimbursed upon return of such items in good condition with allowance of normal wear and tear.

Late Payment: If Client does not pay all fees due within three
(3) calendar days after the first day of the following month after the issuance of the invoice (the “late period”) the Company may charge a late payment fee of 10% (the rate may change from time to time as determined by the Company, but in no event shall be greater than the rate permitted by law) compounded monthly on the amounts outstanding. (a) If Client does not pay all fees due within fifteen (15) calendar days after the first day of the following month after the issuance of the invoice, the Company may charge an additional late payment fee of 5% + $50 (the rate may change from time to time as determined by the Company, but in no event shall be greater than the rate permitted by law) compounded monthly on the amounts outstanding. If Client disputes any part of an invoice Client must pay the amount not in dispute by the due date. After the late period, the Company will withhold services (including barring access to the business center, telephone services and to mail services) while there are any outstanding fees or interest due or if Client is in breach of this Agreement. Company may attempt to notify Client of its intentions to withhold services.

Price Changes: All month-to-month pricing is subject to change within thirty (30) days’ notice from Company. The pricing for six (6) and twelve (12) month plans may not be changed until the expiration of the initial term. Additional or A la Carte Service rates may change at any time without notice.

Mail: Company will accept mail on Clients behalf. Company will only accept mail that includes the name of the individual(s) and or Company(s) listed on the submitted USPS Form 1583. If charges remain unpaid on Client’s account for more than twenty-one (21) days and Company has not been notified of termination, all mail will be returned to sender while faxes and telephone messages will be destroyed.

Mail Forwarding Upon Surrender: Upon termination of the Agreement Client must not submit a change of address form to the United States Postal Service upon departure as such action may interfere with normal delivery to Company. It is the Client’s responsibility to notify all parties of termination of use of the address. If requested in writing by Client, Company shall, as a courtesy, forward mail to an address specified by Client for one (1) month. All costs associated therewith will be the responsibility of Client. Company will withhold this service if the Client has a remaining balance at the end of their term.

Method of Communication: Company will use the email address provided by Client to send invoices and any other communications from Company. Client must ensure an accurate and valid email address is registered with the Company.

Live Call Answering: Call answering includes one hundred
(100) minutes per month of live call answering. Overages are charged at $1.00/minute.

Phone Numbers and Porting: Clients using telephone services have the option of a) using a Company-supplied phone number or b) transferring or “porting” their phone number to the Company’s network. Porting requires an additional one-time fee of $50.00 per phone number, per port. During Client’s service term with the Company the phone number maintains is property of the Company. At termination of service Clients may port their Company- provided phone number to an outside telephone service provider, at which time the phone number becomes the property of the Client. Clients must be current on all invoices prior to porting a Company-provided phone number to an outside telephone service provider. Porting is not to be viewed as a short-term solution, but as a step to long-term service.

Employee of the Client: This agreement is between the Client(s) listed in the purchase order and the Company. Unknown employees or associates of the Client may not receive mail at the Company unless an additional United States Postal Service Form 1583 is received and processed by Company at least 30 days prior to mail being accepted for these individuals. Additional recipients under the account may increase monthly recurring fees by half (50%) of the plan value per person, or thirty dollars ($30), whichever is greater.

Holidays: Company will provide services, as contracted for during normal business hours, Monday-Friday, 8:00am-5:00pm, excluding holidays (listed following). Receptionist and mail services will be staffed only during normal business hours outside of these Company holidays: Memorial Day, Independence Day, Labor Day, President’s Day, Martin Luther King Jr.’s Birthday, Columbus Day, Veterans Day, Thanksgiving Day / Day After, Christmas Eve / Christmas Day / Day after, New Year’s Eve / New Year’s Day.

(u) Limitation on Liability: To the maximum extent permitted by applicable law, Company will not be liable for any loss sustained as a result of Company’s failure to provide a service as a result of any mechanical breakdown, strike, or termination of the Provider’s interest in the building containing the Center. Client expressly and specifically agrees to waive and agrees not to make any claim for damages, direct, indirect, punitive, special or consequential, including but not limited to lost business, revenue, profits or data, for any reason whatsoever arising out of or in connection with this agreement, any failure to furnish any service provided hereunder, any error or omission with respect thereto, from failure of any and all courier service to deliver on time or otherwise delivery of any items (mail, packages, etc) or any interruption of services. An adjustment to Client’s bill for the period of loss of such services by Company, in its sole and absolute discretion, shall be Client’s sole and exclusive remedy for any such failure.

Conduct: Client shall not conduct, or cause to be conducted, any illegal activities or engage in any illegal activities in connection with this Agreement and in the premises of Company. Client shall not engage in any activity that may result in or create a fire hazard, theft hazard, safety hazard, create excessive noise, or cause an increase in Company’s insurance expense. Client is subject to the provisions of the Lease pursuant to which Company occupies the property (including, without limitation, Company’s procedures for accessing the Building after normal business hours). Client will comply with all rules, regulations and requirements of the Building in which Premises are located and with other reasonable rules and regulations established by Company. Client shall not suffer or permit smoking or carrying of lighted cigars or cigarettes in Titan Offices, Inc. (the Premises), the executive suites and/or areas designated by applicable governmental agencies as non-smoking areas or within fifty (50) feet of any Building or Premise entrance. Client will not commit any activity, or series of activities, that interferes with another’s work performance or creates an intimidating, offensive or hostile work environment for any clients and/or employees of Company.

Internet: Internet is provided on an as-is basis and Company makes no guarantee about downtime, availability, speed or reliability. Client is solely responsible for its own internet security and virus protection software and hardware. Company is not responsible for any damage to equipment, data or network as a result of the user not implementing proper network maintenance and prevention. Client will not (nor allow any of Client’s agents, officers, directors, employees, independent contractors, or guests to) plug in any devices such as routers, switches, hubs or any device that uses DHCP, NAT, or any service that will re-transmit the Internet connection or cause network conflicts.

Meeting Room Reservations: Conference rooms and day suites are scheduled on a first-come, first-served basis. Usage rights DO NOT accrue monthly. Extra hours to be billed by the hour. Client may reserve time in the conference rooms and day offices furnished by Company. Charges for rooms will be billed along with Client charges at rates then determined by Company. Client must reserve conference rooms in advance, in increments of no less than one (1) hour. Cancellation of conference room reservations must be given at least one (1) day prior to the reservation time. If notice of cancellation is not given to Company prior to one (1) day in advance of the start time of the reservation, Client’s account will be charged with the amount of conference room time reserved.

Damage: Company shall have the right to bill Client for the total cost of repairs, plus 15% to cover Company’s administration costs, for any damage caused by Client, its clients, guests, visitors and other associated individuals, to Company’s facilities, or surrounding building. Company is not responsible for any damage to person or property owned by Client, its clients, guests, visitors and other associated individuals, except to the extent the damage is caused by Company’s negligence, or by the negligence of its employees. Company will accept delivery of property on behalf of Client. Company is not responsible, however, for loss, theft or disappearance of any Client property.

Indemnity: Client shall hold the Company and the Company’s Landlord, their respective officers, directors, stockholders, employees, lenders and agents (collectively “Indemnified Parties”) harmless from, defend and indemnify such parties against, all liabilities, damages, claims, actions, costs, charges and expenses arising out of or in connection with any damage or injury (i) occurring in or on the Premises, except to the extent caused by the gross negligence or willful misconduct of the Indemnified Parties; or (ii) occurring elsewhere in the Building or the property to the extent caused by the negligence or willful misconduct of Client, its assignees, agents, invitees, employees, officers and directors.

Interpretation and Legal Proceedings: These provisions represent the entire agreement between both parties, and any prior written or oral agreement is merged into this Agreement. The invalidity or unenforceability of any provision hereof shall not affect or impair the validity of any other provision. No waiver of any default of Client shall be implied from any failure by Company to take action with respect to any Client default. In the event of any legal action or proceeding by Client or Company against the other under this agreement, that legal action must be submitted in the jurisdiction of Los Angeles County, California and the losing party, as determined by judge or jury, shall be responsible for paying the prevailing/winning party any and all amounts due, including, but not limited to collection costs incurred by Company and reasonable attorneys’ fees.

(aa) Mail Scan to Email Service: Also known as Snail Mail. This service is offered at a rate associated with a specific amount of monthly exterior envelope scans and interior mail scans per month. Rates may vary based on the package selected. Letters or packages from any carrier or by any mode of delivery are deemed “Mail”. The fee associated with mail scanning is one dollar ($1) per page plus one dollar ($1) per minute of administrative assistance with a ten minute, or ten dollar ($10) minimum.

USPS Form 1583: Client must complete United States Postal Service Form 1583 within 30 days of beginning service. Company will not accept restricted delivery Mail on Client’s behalf unless client has authorized Company to do so on USPS Form 1583 item 5. Company can only guarantee acceptance of restricted-delivery or registered Mail or packages when a Company employee is present to receive them. If Client have properly filled out USPS Form 1583 item 5, Company will sign for any and all restricted delivery Mail that Company receives addressed to Client.

Mail Forwarding: All reshipped Mail is considered to be delivered by Company, and all of Company’s responsibilities with respect to it terminated, as soon as it is placed in the care of the USPS or another mail-carrying service. Once Mail has been placed in the care of the USPS or another mail-carrying service for reshipment as requested by Client, Company is not responsible for Mail, its arrival, or the speed of its delivery. Client expressly releases Company from all further responsibility or liability with respect to reshipped Mail. Client also agrees that Company is not responsible for Mail that is subject to a change-of-address (COA) order with the U.S. Postal Service. Company is not responsible for the U.S. Postal Service’s compliance (or non- compliance) with any COA request.

Cash and Checks: Client agrees that Company is not responsible for cash or checks delivered to Company or for any monetary instruments once they have been placed into the care of a third-party carrier. Client acknowledges that Company will not create scanned images of currency.

International Forwarding: If Client requests forwarding of Mail across national borders, Client acknowledges that compliance with international laws and treaties requires Company to open and inspect all packages and all letters that might contain something other than documents before forwarding such items to another country, Client grants Company the consent to open any such packages delivered in Client’s name. Packages that cannot, in Company’s sole discretion, be shipped without violation of international laws or treaties will not be shipped outside the country in which Company received them. Due to high fraud risk and/or regulations on exports, Company cannot forward mail to the countries of Cuba, Egypt, Ghana, Indonesia, Iran, Iraq, Nigeria, North Korea, Pakistan, Romania, Sudan, Syria, or Vietnam.

Undeliverable Mail: If, due to improper addressing, Company is unable to determine the recipient of a given piece of Mail and is unable to return the item to the delivering carrier or the sender, Company reserves the right to open the item and attempt to determine the intended recipient or sender. If, after opening the item, Company remains unable to deliver it to its intended recipient or return it to its sender, Company will dispose of the item without compensation to anyone claiming to have been the owner. Client hereby waives any rights, and release and hold Company harmless from any claims, respecting such Mail.

Availability of Address: Company will provide Client with a mailing address at which Client will receive Mail using the Services. Client acknowledges that Company is not liable for changes in the availability of the Mailbox, and Client’s sole recourse other than termination is to notify mailers that Client’s mailing address has changed.

Scanning: Client authorizes Company to scan the outside of Client’s Mail. However, Client acknowledges that Company may decline to scan the outside or contents of Mail that in Company’s sole discretion Company deems to be obscene, an incitement to hate or violence, or contrary to law. Client may direct Company to perform the following actions: forward Mail to an address Client specifies, open and scan the internal contents of the Mail envelope, or shred and recycle the Mail envelope and its contents. Administrative and scanning fees will apply at the then-current rates of these services.

Mail Assignment – Client acknowledges that Company delivers Mail on behalf of many Clients; Company does not warrant that Mail shall never accidentally be mis- assigned. Client acknowledges that in such cases Company is not liable to the intended recipient. Company will make its 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.

Unauthorized Mail – In the event, however unlikely, that Client’s account, Client agrees not to request any action with respect to such Mail piece, and immediately notify Company’s staff. Client further agrees not to view, read, copy, print, or otherwise distribute information on or within a piece of unauthorized Mail. Client agrees that a violation of these terms shall expose Client to legal liability, both criminal and civil, and monetary damages, as well as termination of Client’s account.

Downtime and Losses: Because the Services are a hosted, online application, Company may occasionally need to take the servers down as scheduled downtime for maintenance and upgrade. Client agrees that Company is not liable for any losses or damages occasioned by downtime. Client also agrees that Company is not liable to Client for any losses or damages associated with any data- related losses Company’s systems may suffer.

Junk Mail: Client authorizes Company to discard mail that is sent purely for advertising or mass-marketing purposes, including any items addressed to “occupant” or “current resident,” as well as postcards and flyers that are clearly advertisements. Such Mail will not count toward plan limits.

Representation of Address: Client agrees that in communicating with potential correspondents regarding Client’s Address Client will not modify or alter the format of the Address. Client agrees that Company has no responsibility or liability for Mail that is not properly addressed according to the format Company provides, to USPS specifications, or consistent with these Terms. Client agrees that Company notifies Client that certain mailers are using an incorrect format for the mailing address, Client will timely ask such mailers to update their address information. Client also agrees not to represent or misleadingly suggest by any method that the Address is a physical address at which third parties can find Client or that third parties may physically visit. Client agrees not to publish Address if Client is not current in payments.

Fraud: Client agrees not to use the Services for any illegal purpose. If Company in Company’s sole discretion suspects that Client’s contact information or payment method is fraudulent, or if Client is attempting to cause Company to ship goods to countries that prohibit such shipments or to which the shipment of such goods from the
U.S. is unlawful, then Company may in Company’s sole discretion immediately terminate Client’s account without refund and turn all related information over to the USPS Office of the Postal Inspector, the U.S. Federal Bureau of Investigation, the applicable State Attorney General or Embassy with jurisdiction, or other local, state and national law enforcement authorities.

Cooperation: Client understands that Company cooperates with the USPS Postal Inspection Service and will share any and all information about Client and Client’s use of the Services upon its reasonable request. Company will also comply with valid legal processes, including search warrants, court orders, and subpoenas seeking personal information.
Company will notify Client of any pending legal process unless Company is prohibited from doing so by law. These same processes apply to all law-abiding companies.
Company may share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Company’s terms of use, or as otherwise required by law.