This is a binding legal agreement between you and Bright Post Mail Services LLC, a California limited liability company (“BPMS,” “Company,” “We,” “Us,” or “Our”) and governs your relationship with Us as it pertains to the BPMS website, application, Our mail access services, and/or any other medium upon which we provide products or services (the “Service”). We will ask you to agree to be bound by these terms when you register for a BPMS account, however, your access to the Service or any portion thereof also constitutes your agreement to these terms. The terms contained herein supersede and replace any other agreement or negotiation between you and BPMS, whether oral, written or otherwise including any statements made by any representative of BPMS at any time.
Acceptable Use Policy
Ownership of Intellectual Property; Confidentiality
Suspension and Termination
Warrantee and Limitations
Choice of Law; Arbitration
BPMS SERVICES – Company is a mail access service allowing users of the Service (“Users”) to access and manage their mail in electronic form, including providing mail forwarding, electronic copying/forwarding, shredding and recycling, providing a physical address for mail (a “BPMS Address”), and other services (all together, the “Service”).
ELIGIBILITY –, Use of the Service is restricted to individuals who are at least 18 years of age and able to enter into legally binding contracts. U.S Law restricts BPMS from conducting business with individuals or entities located in restricted areas. Users located in the following regions are not permitted to register for or utilize our services: Iran, North Korea, Syria, Crimea, Cuba, or any other country or region restricted by law.
ACCOUNTS – Unregistered users are permitted to explore certain parts of the Service without registering as a user. In order to use the Service (“User”), you will need to sign up for a BPMS account (“Account”). During registration for your Account, you will be asked to select a username and password. You are solely responsible for maintaining the confidentiality of your username and password and for all activities that occur with regard to your Account. You agree that the information you provide to Us during Your registration of an Account is, at the time of registration true, accurate, current, and complete and you agree to keep your Account information up to date at all times. Account data expressly includes but is not limited to, information you may choose to upload such as logos, images of You or other information which you may choose to display within your account. Accounts are not subject to assignment and may not be rented, sold or transferred without the express written consent of BPMS. We reserve the right to monitor the use of your Account and take any action we deem appropriate to prevent any violation or abuse of any Policies, laws, ordinances, regulations or rights of BPMS, or any User including the suspension, disabling or deactivation of your Account or your access to any Account.
FEES– In exchange for our Services, we assess a Monthly Fee (“Monthly Fee”). This section (5) details the terms of our fees and how you may choose to pay for our Services.
Monthly Fees. Monthly Fees are assessed on a monthly basis (“Subscription Period”). The Monthly Fee varies based on the level of service selected upon sign up. During the Subscription Period the User may access the Services. At the end of your Subscription Period, your subscription will be automatically renewed for successive one-month periods until cancelled. You may cancel your plan at any time upon thirty (30) days written notice to BPMS. Termination will be effective at the end of the current Subscription Period following the thirty-day notice period. Fees are refundable in the sole and absolute discretion of BPMS.
Mail Forwarding. If you choose to use our mail forwarding service, we will receive mail addressed to you at your BPMS Address and forward it to the address of your choosing, subject to the terms and restrictions set forth in Our Policies, including our Acceptable Use policy in paragraph (9) herein, and subject to applicable law. To use Our mail forwarding service, You must maintain current and valid address and payment information with your Account, without which Your mail may be delayed, not received, or not forwarded. We reserve the right to reject items larger than 20 in. x 14 in. x 10 in., or larger than 20 lbs.—mail or packages of this size may be returned to sender if they are sent to us. If certified, registered, or otherwise restricted mail is addressed to our BPMS address we will not receive or forward it without proper authorization from you. If You choose to send or receive items internationally, You must notify Us in advance and We must approve the shipment, and We will comply with all applicable laws including those that require that your shipment be inspected. We care about the security of your mail and packages, and take security measures regarding mail forwarding as outlined in paragraph (8) herein. We are not required to receive or otherwise handle COD items or items that, based on Our sole discretion, appear to have a value of more than $2,000.
Electronic Copies. If You choose to use Our electronic copy service, we will scan documents that you identify, including documents received at your BPMS Address, and make the electronic copies available to you through Your Account, subject to the terms and restrictions set forth in Our Policies. You must maintain current and valid address and payment information with Your Account, without which We may delay or not complete this Service. We cannot scan monetary currency. Documents larger than 8.5 in. x 11 in. will be scanned at our sole discretion. Items that cannot be scanned for will be returned to sender or forwarded by mail to you at our discretion.
Shredding and Recycling Services. If You choose to use Our shredding and recycling services to manage the mail received at Your BPMS Address, or to manage mail that You send to Us, We will provide this service subject to the terms and restrictions set forth in Our Policies. We are only able to provide shredding and recycling services for documents and other paper items 8.5 in x 11 in in. or smaller—any larger items may be processed at our sole discretion. To use our Services, You must maintain current and valid address and payment information with Your Account, without which We may delay or not complete the chosen Service. We take significant security measures to protect Your documents and mail during the shredding and recycling process, as set forth in paragraph (8) of this agreement.
Physical Street Address. If You choose to use Our physical street address services, we will provide you with a non-PO Box BPMS Address, and forward or scan items delivered to that address, depending on the Services you choose and subject to the terms and restrictions set forth in our Policies. You must maintain current payment information with Your Account, without which We may delay or not complete the chosen Service. Mail we receive or forward at your BPMS Address must not be larger than 20 in. x 14 in. x 10 in., or larger than 20 lbs.—mail or packages of this size may be returned to sender if they are sent to us. If certified, registered, or otherwise restricted mail is addressed to our BPMS address we cannot receive or forward it without proper authorization from you. Our physical street address service is for your convenience, but you may not assert or otherwise imply that your BPMS address is the actual residence of you or your business. We reserve the right, upon 30 days written notice, to change the BPMS Address in our sole discretion. We will not be responsible for any mail delivered to an out of date BPMS Address after the 30 day notice period.
Service Plans – Additional Terms. Additional terms relating to specific service plans are set forth on Our website, platform, or otherwise made available when You sign up for one of Our service plans, including the Basic Plan, Value Package Plan, Enterprise Plan, and Deluxe Plan (“Plans”). These terms may include the free or fee-based availability of specific Services, terms relating to fees or fee schedules for the Services, or other terms and restrictions which shall be incorporated into these Terms of Service as though set forth at length herein. You will also be asked to consent to these additional terms before you complete the sign-up process for one of our Plans.
Additional Services. We may, from time to time, offer to our Users additional Services not specifically described herein. Your use of such Services shall be subject to the terms and restrictions set forth in our Policies as amended from time to time.
LICENSE – Subject to your acceptance of these Terms and pursuant thereto, Company grants Users a non-exclusive, limited, personal, non-transferable license to use the Service for the Term of the agreement as set forth herein.
We Take Security Seriously. We understand that your mail is valuable to you, and this section outlines some of the steps we take to guard against unauthorized access to your mail or to other data you provide us with.
Digital Security. Because our Service can allow you to access your mail virtually, we employ industry standard organizational, procedural, and technical safeguards to secure data in our possession, consistent with the sensitivity level of such data. As a part of this, we protect your information, including electronic copies of your mail, by implementing digital security measures including encryption, firewalls, and SSL technology. However, regardless of the precautions we take, no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under our control to intercept or access transmissions or private communications unlawfully.
Physical Security. Because you can allow us to access the pieces of mail addressed to you, we take a number of precautions to maintain your documents’ safety with us. Our processing facilities are secured, we use industry-standard document shredding and destruction methods, and our staff with access to User Mail is screened prior to joining our team. We take these steps to maintain security for items which may contain sensitive data. However, as with information sent over the internet, no security measure is completely perfect, and it may be possible for third parties not under our control to intercept or otherwise compromise information intended to be kept secure.
Responsibility. We strive to protect your information and we agree to take the security steps above to prevent unauthorized access to your mail. However, we cannot ensure or warrant perfect security, and we are not responsible for the loss of any mail, monetary instruments, or any other data you grant us access to. By using the Service, you agree that you do so at your own risk.
ACCEPTABLE USE – BPMS strictly enforces compliance with its acceptable use terms under this section. You agree to access Our website and use the Service in full compliance with the terms set forth below. Failure to so is cause for immediate suspension and possible termination under paragraph (8) herein.
You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property.
You agree not to make or attempt any unauthorized access to any Company or User Account.
You agree not to undertake any action which is harmful or potentially harmful to any Company networks, server structure, or the Service.
You agree not to provide access to your User Account to any third party for any purpose. User Accounts are for single person or single business Users only.
You agree not to conduct Yourself in any manner which is abusive or offensive to Company, other Users, or third parties. Abusive or Offensive shall be determined within the sole discretion of Company.
Your failure to timely pay fees associated with your User Account or the Service shall be a violation of this policy.
OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
Company Intellectual Property. It is understood and agreed that while you maintain a User Account and thereafter you may come into possession of information which is subject to protection and/or non-disclosure as the intellectual property of Company, including, but not limited to, Company websites, Company systems, User Account systems, etc. (“Intellectual Property”). You acknowledge that all right and title to any such Intellectual Property and agree that all such Intellectual Property shall remain the sole property of Company and that you have no right, title or interest therein. You further agree not to provide access to the Intellectual Property or the Service to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the Intellectual Property or Service. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the Intellectual Property or Service shall also remain the sole property of Company. Nothing herein, including any license shall permit the use of any Intellectual Property by You or any other person absent the express written consent of the Company or as may be otherwise expressly provided herein.
Confidential Information. While You maintain a User Account, You may have access to certain information and materials relating to the Company business, customers, software technology and marketing strategies which Company treats as confidential (hereinafter “Confidential Information”). You agree to at all times during the term of this agreement and otherwise to: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the express prior written consent of Company; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights hereunder, and then, only for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination your User Account respect to Confidential Information, which does not rise to the level of a trade secret.
FEDERAL TELEPHONE CONSUMER PROTECTION ACT OF 1991 – You expressly consent to be contacted by Us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your use of our Services or Your account, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered whether by you or someone else. If You do not wish to receive messages, you may notify us in writing.
SUSPENSION AND TERMINATION –
Suspension - At the sole option of Company for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Sections 3, 4, 5, 6, 7, or 9, Company may suspend your account by deactivating any access by You to any information contained on the Company servers related to your account while maintaining the information and data related to your account upon the Company servers. Suspension shall specifically include the disabling of your User Account and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days, the account may be terminated under paragraph 11.2. Any credit or otherwise accrued fee may not be used during any period of suspension.
Termination – This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination shall include, at the sole option of Company, the removal of any and all of your User Mail and other information from the Company servers. Such information or data may or may not be made available to you by Company after any such termination, however all mail addressed you which is in the possession of Company will be forwarded to you. There will be no credit or refund of fees in the event of any Termination. Company may discontinue any or all Service at any time, with or without notice. Termination shall not affect any rights Company may have to recover losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney’s fees or other costs of any kind from you or others as may be applicable under these Terms or otherwise under California Law.
Any notice required under this agreement may be given by Company to you via email at the address provided by you to Company at User registration or as Company may be subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do by contacting us at email@example.com.
Any notice by you to Company shall be made by telephone to a customer service representative at 1-855-905-3335 during Company regular business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Such notice may also be sent via United States Mail to the following Address:
Bright Post Mail Services LLC
12001 VENTURA PLACE, SUITE 203
STUDIO CITY, CA 91604
SURVIVAL - Sections 1, 3 through 6, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
WARRANTEES AND LIMITATIONS –
Company makes every reasonable effort to maintain operation of the Service. However, because many events and circumstances are beyond the control of Company, Company does not in any way warrant or otherwise guarantee the availability of the Service and is not responsible for any delay or loss of mail, delay or loss of electronic data, lack of connection, slow connection, or any other such issues whether or not due to the active or passive negligence of Company.
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS, NOR ANYONE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SERVICE (COLLECTIVELY, “BPMS PARTIES”) WARRANT THAT THE SERVICE, INCLUDING THE INFORMATION MADE AVAILABLE THROUGH THE SERVICE, WILL BE UNINTERRUPTED, UNCORRUPTED, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PAGES OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE FROM VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.
In general, Company has no control over information contained on the Internet or in any User Mail. Information obtained by you from the Internet or from third parties may be protected by intellectual property rights of third parties or may be inaccurate, offensive or in some cases even illegal. Company accepts no responsibility for any information which you receive from the Internet or from mail addressed to you. You accept full responsibility to verify the legality, truth and accuracy and ownership of the information that you obtain from the Internet or from mail addressed to you, as well as the reputation of the individuals with whom you may deal. Company provides no warrantee for any goods or services which you receive or obtain via the Service, nor the compatibility of any such goods or services with the Service.
You expressly waive any claim for damages, and to the fullest extent permitted by applicable law, Company will not be liable for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of or connected to the Services.
THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF FEES PAID OR ACCRUED BY YOU FOR THE SERVICE IN THE SIXTY (60) DAYS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH BREACH, ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
You agree to fully defend, indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement by you or your affiliates or your negligence or intentional conduct whether active or passive or any negligence of Company in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
You agree to fully defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the Service or any portion thereof. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
You agree that upon the creation of your User Account, you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of mail, documents, data, or any other items as the result of any access to your account via the use of your User Account details. You further agree to defend and indemnify and hold harmless Company of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorney’s fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related to the disclosure of your confidential User Account and Password information. Choice of counsel remains exclusively that of Company. No claim shall be settled without the express consent of Company, which shall not be unreasonably withheld.
FORCE MAJEURE - Either party to these Terms shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, pandemic, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
ASSIGNMENT - This agreement and the rights hereunder are not assignable or transferable except that Company may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of Company. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.
SEVERABILITY - If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.
CHOICE OF LAW; ARBITRATION - This Agreement shall be interpreted under the laws of the State of California without regard to any conflict of laws provisions. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that is not resolved by the parties through mediation or otherwise, shall be determined by binding arbitration before a single arbitrator in the County of Los Angeles, California, in accordance with California law and the JAMS Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. The decision of the arbitrator with respect to any issues submitted for determination shall be final and binding on all of the parties to this Agreement. All parties shall bear their own attorneys fees and costs, whether a judgment is reached by the arbitrator or whether a non-arbitrated settlement is reached, and the arbitrator shall not have the power to award punitive or exemplary damages. This paragraph (18) shall not preclude the parties from seeking equitable relief, or provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
NO AGENCY - Notwithstanding any other provision of this agreement, Company is not your agent, partner or joint venturer in any respect.
AMENDMENT - Company may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Service in place of the old. Each and every such amendment shall be become effective immediately for all pre-existing and future accounts.
ELECTRONIC COMMERCE ACT OF 1984 –Pursuant to the terms of The Electronic Commerce Act of 1984 please be advised that as may be applicable to users located in California under California Law if you are unsatisfied with the manner in which a complaint that you may have regarding the Company service you may contact the complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1020 N. Street, #501, Sacramento, CA 95814 or by telephone at 1-916-445-1254.