Terms and Conditions

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH LOCAL POSTAL LLC ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Key Terms

Local Postal LLC to be referred as Local Postal, Us. We hereafter provides an online platform that connects business owners, to be referred as 'LOPO(s) or LOPO business or LOPO location' hereafter who offer their business location to be used for package deliveries (collectively, the "Services" which are accessible at www.localpostal.com or any other websites through which Local Postal makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Local Postal LLC.
"Local Postal Content" means all Content that Local Postal makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party.
"Package drop-off" means a limited license granted by the LOPOs to the customers to have a package dropped off by a courier company during which time the customer (only where and to the extent permitted by applicable law) retains the right to enter the business location during operations hours of that particular business.
"Package" means a sealed box, packet or envelope dropped off for the customer or its authorized proxy.
"Authorized Proxy" means any individual who has the package label originally sent by Local Postal LLC to the customer.
"Collective Content" means LOPO Content and Local Postal LLC Content.
"Communication" means an email, mail, phone calls, message via the Application or text message.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Customer" means a person who completes a one-off Local Postal LLC's account registration process in order to have his / her packages delivered to Local Postal post registration.
"Tax" or "Taxes" mean any sales taxes or any other levies that Local Postal LLC may be required by law to collect and remit to governmental agencies.

TERMS OF SERVICE

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Local Postal LLC. Please also read carefully our Privacy Policy here

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different Terms and Conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and Conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LOPOs AGREE TO ACCEPT PACKAGES ON BEHALF OF CUSTOMERS AND CUSTOMERS AUTHORIZE THE LOPOs TO RECEIVE THEIR PACKAGE(S). ADDITIONALLY, LOPOs MAY OFFER PROMOTIONS TO CUSTOMERS AND CUSTOMERS MAY CHOOSE TO AVAIL THOSE PROMOTIONS AT THEIR WILL. YOU UNDERSTAND AND AGREE THAT LOCAL POSTAL LLC IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LOPOs AND CUSTOMERS, NOR LOCAL POSTAL IS AN INSURER. LOCAL POSTAL HAS NO CONTROL OVER THE CONDUCT OF LOPOs, CUSTOMERS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO REGISTER WITH LOCAL POSTAL LLC EITHER AS A LOPO OR AS A CUSTOMER, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH LOCAL POSTAL IS LIMITED TO BEING AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF LOCAL POSTAL LLC FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF LOCAL POSTAL. LOCAL POSTAL DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR AVAILABILITY, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR STATUS AS A LOPO. AS A LOPO YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF LOCAL POSTAL, INCLUDING BY INAPPROPRIATELY USING ANY LOCAL POSTAL.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

MODIFICATION

Local Postal LLC reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email or message. We will also update the "Last Updated" date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing LOPOs (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Local Postal account you will be deemed to have accepted the changes.

ELIGIBILITY

The Site, Application and Services, are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

HOW THE SITE, APPLICATION, AND SERVICES WORK

The Site, Application and Services can be used to facilitate the relationship between LOPOs and customers by LOPOs making themselves available for receiving customer packages and customers having their package(s) delivered to the LOPO of their choice. You may view the List of LOPOs available in the vicinity by using our website or application as an unregistered visitor to the Site, Application and Services; however, if you wish to have packages delivered to your business location as a LOPO or have your packages delivered to a LOPO of your choice as a customer, you must first register to create a Local Postal Account (defined below).

As stated above, Local Postal LLC makes available an online platform or marketplace with related technology for LOPOs and customers to meet online and arrange for package delivery directly with each other. Local Postal LLC is not an owner or operator of LOPOs locations, and we do not own, sell, resell, provide, manage and/or control properties or businesses of LOPOs, including, but not limited to product and services offered by LOPOs for commercial or non commercial purposes. Unless explicitly specified otherwise in the Local Postal platform, Local Postal's responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE LOPOs AND CUSTOMER DIRECTLY WITH EACH OTHER. LOCAL POSTAL LLC CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED ON THE WEBSITE OF LOPOs OR AT THEIR LOCATION AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY LOPOs. LOCAL POSTAL IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY LOPOs. ACCORDINGLY, ANY ARRANGEMENT MADE BETWEEN LOPOs AND CUSTOMERS ARE AT THE THEIR OWN RISK.

ACCOUNT REGISTRATION

In order to access certain features of the Site and Application, and to become a LOPO or have your package delivered to a LOPO of your choice as a customer, you must register to create an account ("Local Postal Account") and become a Member either as a LOPO or customer. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your LOCAL POSTAL Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to LOCAL POSTAL through the Site, Services or Application; or (ii) allowing Local Postal to access your Third-Party Account, as permitted under the applicable Terms and Conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Local Postal LLC and/or grant Local Postal LLC access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the Terms and Conditions that govern your use of the applicable Third-Party Account and without obligating Local Postal LLC to pay any fees or making Local Postal LLC subject to any usage limitations imposed by such third-party service providers. By granting Local Postal LLC access to any Third-Party Accounts, you understand that Local Postal LLC will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Local Postal LLC Account and Local Postal Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Local Postal Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Local Postal LLC's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Local Postal LLC Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Local Postal makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Local Postal LLC is not responsible for any SNS Content.
Your Local Postal LLC Account and your account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Local Postal Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Local Postal LLC reserves the right to suspend or terminate your Local Postal Account and your access to the Site, Application and Services if you create more than one (1) Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password or any unique bar code label or pass code sent to you by Local Postal LLC.
Unless expressly authorized by a specific feature, you are not permitted to share your Account with anyone or allow others to access or use your Local Postal LLC Account. Customers may choose to have their trusted representative pick up their package(s) from a LOPO at their own risk by sharing their QR/BAR code, passcode or any other unique code associated with a package sent by Local Postal LLC or add them to their Local Postal LLC account at their own risk. You agree that you will take sole responsibility for any activities or actions under your Local Postal LLC Account, whether or not you have authorized such activities or actions. You will immediately notify Local Postal LLC of any unauthorized use of your Local Postal Account.

Promotions offered by LOPOs and Unique rules associated with each LOPO

As LOPOs, you may offer special promotions pertaining to your business. To offer a promotion to a customer through a Local Postal online platform, you will have to do that on a template available in your LOPO portal either on Local Postal LLC website or application. Each LOPOs will accept packages and entertain customers based on their capacity in terms of, including but not limited to physical space and business operational hours. In order to be feature in list of LOPOs produced by Local Postal on customers' request either on website or via applications and Services, all LOPOs must have valid physical addresses, adequate man power and physical space to provide quality service to the customer. List of LOPOs will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of LOPOs in search results may depend on a variety of factors, including, but not limited to, customer preferences, your availability and ratings.
Customers will be able to select LOPOs for their package delivery via the Site, Application and Services based upon the information provided by customers, including but not limited to, promotions offered by LOPOs, product or services offered by LOPOs as your core offering. You understand and agree that promotions offered to customers in shape of online coupons or on email, must be honored as per conditions stipulated by LOPOs on those promotions.
LOPOs must acknowledge and agree that they alone are responsible for any packages received on behalf of customers. Additionally, it is LOPOs responsibility to store the packages received in a safely manner. It is also LOPOs responsibility that their business location is in compliance with all the state and federal regulations. Please note that Local Postal LLC assumes no responsibility for LOPOs' compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Local Postal LLC reserves the right, at any time and without prior notice, to remove or disable access to any LOPO location for any reason, including LOPOs that Local Postal LLC, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Local Postal's then-current policies and guidelines.
If you are a LOPO Location, you understand and agree that Local Postal LLC does not act as an insurer or as your contracting agent. If a customer requests a package delivery to LOPO business location, any agreement you enter into with such customer is between you and the customer and Local Postal LLC is not a party to it.
If you are a registered LOPO business, Local Postal LLC makes certain tools available to you to help you to communicate above-mentioned requirements to prospective customers. You acknowledge and agree that, as a Local Postal business, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who work at or are otherwise present at your location.
Local Postal LLC recommends that LOPO businesses obtain appropriate insurance for their locations. Please review any insurance policy that you may have for your business, that is to be also used as LOPOs, carefully, and in particular, please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to customers while at your LOPO location.
By accepting these terms, LOPOs agree that they alone are responsible for ensuring that LOPO locations are accurately represented in the Images on Local Postal Website or application. Additionally, you agree that Local Postal LLC retains its right to and may use the Images for advertising, marketing, commercial and other business purposes in any media or platform.
Furthermore, by accepting these terms, all LOPOs agree to inform Local Postal LLC, at least 30 days prior to closing down their business location. In the event of any LOPO not complying with this policy, Local Postal LLC reserves the right to impose any financial penalty as it deems fit.

NO ENDORSEMENT

Local Postal LLC does not endorse any LOPO location. You understand that Images on our website are intended only to indicate a photographic representation of the LOPO location at the time the photograph was taken. Images are therefore not an endorsement by Local Postal of any LOPO location. LOPOs are required by these Terms to provide accurate information.
Any references in the Site, Application or Services to a LOPO location is not an endorsement, certification or guarantee by Local Postal LLC, including of their business location's safety and suitability.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of LOPO locations or other third parties will be limited to a claim against the particular LOPOs location or other third parties who caused you or your package harm. You agree not to attempt to impose liability on or seek any legal remedy from Local Postal LLC with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with that particular LOPO, your courier company or your online retailer. We also encourage you to inform Local Postal LLC via our site, application or services about the incident for our record and future reference.

Service and Financial Terms

  • Key Definitions

    "Local Postal Fees" means the fee that Local Postal LLC charges a customer for the use of the Services and the facilitation fee on behalf of LOPOs calculated based on size and quantity of packages. "Payment Method" means a payment method that you have added to your Local Postal Account, such as a credit card, debit card or PayPal.

  • Package delivery and Financial Terms for Local Postal Locations

    If you are a LOPO and a package delivery to your location is requested for your location via the Site, Application or Services, you will be required to honor that commitment. It is your responsibility to have your status and other information including but not limited to, about your business hours and days, up to date. When a package delivery to your Local Postal location is requested via the Site, Application or Services, we will share with you (i) the first and last name of the customer (ii) customer's package information from the courier company and (iii) an indication of whether or not the customer has provided other information to Local Postal, such as a verified email address, connection to SNSs, or a government ID.
    Local Postal LLC will collect the Total Fees from customers and will initiate payment of the facilitation Fees (less applicable fees and taxes) to LOPO businesses at the time and as further described in Payments Terms.

  • Terms for Customers

    The LOPOs, not Local Postal LLC, are solely responsible for honoring any confirmed package delivery facilitation and making available any package received at their locations to the customer. If you, as a customer, choose to enter into a transaction with any LOPOs for having your package delivered to their location, you agree and understand that you are bound by the rules and regulations of that LOPO business including but not limited to, waiting until you are taken care of by the staff, parking, entry points etc.
    You acknowledge and agree that you, and not Local Postal LLC, will be responsible for performing the obligations of any such agreements, that Local Postal is not a party to.
    By accepting these terms, you as a customer agree to pay the Total Fees for any package delivery facilitation in connection with your Local Postal Account. Local Postal LLC will collect the Total Fees pursuant to the Payments Terms.

  • Service Fees and Other Fees

    In consideration for the use of Local Postal LLC's online marketplace and platform, Local Postal LLC charges Service Fees. Local Postal LLC collects these Service Fees pursuant to the Payments Terms. Local Postal Facilitation Fees are, as noted above, included in the Total Fees.

  • General Request and Financial Terms
    • Cancellations and Refunds

      As a customer, you may cancel a request made via the Site, Application and Services however it is your responsibility to inform your courier company accordingly and inform Local Postall LLC via email. Once the package is arrived at the LOPO, you will be charged in line with our schedule of fees.
      If, as a LOPO, you cancel a confirmed package delivery request, you agree that Local Postal LLC shall apply penalties or consequences to you, including (i) publishing an automated review on your business as a LOPO indicating that a request by customer was cancelled by the location (ii) keeping the calendar for your LOPO unavailable or blocked for the dates of the cancelled requisition, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
      In certain circumstances, Local Postal LLC may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed customer request made via the Site, Application and Services. You agree that Local Postal LLC and the relevant LOPOs location will not have any liability for such cancellations or refunds.

TAXES

Tax regulations may require us to collect appropriate tax information from our LOPOs, or to withhold taxes from payouts to LOPOs. You as a LOPO are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a business or individual fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US business or individual and you fail to provide us with a completed IRS Form we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a LOPO business understand and agree that you are solely responsible for determining your applicable Tax reporting requirements. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Local Postal LLC cannot and does not offer Tax-related advice to any LOPO.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority ") where your LOPO business is located may require Taxes to be collected from you as a LOPO on the amount paid for the services offered by you to the customer.

DISPUTE RESOLUTION

In the event, customers are dissatisfied with LOPOs for reasons including but not limited to, package condition, package lost, package damaged or behavior of LOPOs staff, both customers and LOPOs agree to resolve that matter between themselves and Local Postal LLC bear no responsibility to resolve such disputes. However, Local Postal LLC, in good faith, will make its best effort to resolve the issue amicably, if reported by the customer through a dispute settlement process communicated on Local Postal LLC website. Both customer and LOPOs business will be required to unconditionally cooperate with Local Postal LLC or their representative, by providing with such information and take such actions as may be reasonably requested by Local Postal LLC or their representative, in connection with any Damage Claims or other complaints or claims made by customers relating to abovementioned issues. If you are a customer it is also to be noted that Local Postal LLC or LOPOs are not responsible for the state or quality of any item inside the package.

Non pick-ups by customers

Local Postal uses "cookies"� in conjunction with the Platform to obtain information. A cookie is a small data file that is transferred to your device (e.g. your phone or your computer) for record-keeping purposes. For example, a cookie could allow the Platform to recognize your browser, while another could store your preferences and other information. Your browser may allow you to set how it handles cookies, such as declining all cookies or prompting you to decide whether to accept each cookie. But please note that some parts of the Platform may not work as intended or may not work at all without cookies

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Site, Application, Services or Collective Content;
  • access or use our Site, Application, Services or the Local Postal LLC API to use, expose, or allow to be used or exposed, any Local Postal LLC Content: (i) that is not publicly displayed by Local Postal in its search results pages before a request by customer is made; (ii) in any way that is inconsistent with the Local Postal LLC Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Local Postal's users or any other third party;
  • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Local Postal LLC endorsement, partnership or otherwise misleads others as to your affiliation with Local Postal LLC;
  • dilute, tarnish or otherwise harm the Local Postal LLC brand in any way, including through unauthorized use of Collective Content, registering and/or using Local Postal LLC or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Local Postal LLC domains, trademarks, taglines, promotional campaigns or Collective Content
  • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of Local Postal LLC or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right.
  • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
  • "stalk" or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Local Postal LLC customer or LOPO business;
  • offer, as a LOPO, any business that you do not yourself own or have permission to use as a business or for commercial purposes.
  • register for more than one Local Postal Account or register for a Local Postal Account on behalf of an individual other than yourself;
  • recruit or otherwise solicit any other business or other Local Postal Member to join third-party services or websites that are competitive to Local Postal, without Local Postal LLC's prior written approval;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
  • use the Site, Application, Services or Collective Content to find a LOPO business or customer and then facilitate a package delivery to the LOPO location independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Local Postal LLC's provision of the Services or for any other reasons;
  • as a LOPO location, provide any data or record with false or misleading information, including price information, or submit any promotion with a price that you do not intend to honor;
  • violate these Terms or other regulations
  • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
  • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Local Postal LLC's name, any Local Postal LLC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Local Postal's express written consent;
  • access, tamper with, or use non-public areas of the Site, Application or Services, Local Postal's computer systems, or the technical delivery systems of Local Postal's providers;
  • attempt to probe, scan, or test the vulnerability of any Local Postal system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Local Postal LLC or any of Local Postal's providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
  • advocate, encourage, or assist any third party in doing any of the foregoing; or
  • accept or make a payment for package facilitation Fees outside Local Postal LLC's approved payment process. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Local Postal LLC harmless from any liability for such payment.
Local Postal LLC has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Local Postal LLC may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your membership or Local Postal Account, for a violation of this Section or these Terms.
Local Postal LLC may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Local Postal LLC or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms. You acknowledge that Local Postal LLC has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Local Postal LLC reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Local Postal LLC, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

REPORTING MISCONDUCT

If on your interaction with any customer or LOPOs you feel they have acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Local Postal LLC by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

PRIVACY

You agree that Local Postal LLC's privacy policy (as may be updated from time to time) governs Local Postal LLC's collection and use of your personal information.

INTELLECTUAL PROPERTY OWNERSHIP AND RIGHTS NOTICE

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Local Postal LLC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Local Postal LLC used on or in connection with the Site, Application, Services, and Local Postal LLC Content are trademarks or registered trademarks of Local Postal LLC in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Local Postal LLC Content are used for identification purposes only and may be the property of their respective owners. As a LOPO or customer, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Local Postal LLC's (as may be updated from time to time).

ADDITIONAL TERMS

Our Site, Application and Services may have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Local Postal LLC ("(Referral Program)"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

APPLICATION LICENSE

Subject to your compliance with these Terms, Local Postal LLC grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Local Postal LLC reserves all rights in the Application not expressly granted to you by these Terms

LOCAL POSTAL LLC CONTENT AND MEMBER CONTENT LICENSE

Subject to your compliance with these Terms, Local Postal LLC grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Local Postal LLC Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Local Postal LLC or its licensors, except for the licenses and rights expressly granted in these Terms.

LINKS

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Local Postal LLC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Local Postal LLC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Some portions of the Local Postal LLC platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to their terms and conditions.

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("(Feedback)"). You may submit Feedback by emailing us, through the "contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Local Postal LLC and you hereby irrevocably assign to Local Postal LLC and agree to irrevocably assign to Local Postal LLC all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Local Postal LLC's request and expense, you will execute documents and take such further acts as Local Postal LLC may reasonably request to assist Local Postal LLC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

COPYRIGHT POLICY

Local Postal LLC respects copyright law and expects its users to do the same. It is Local Postal LLC's policy to terminate in appropriate circumstances the Local Postal LLC Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

TERMS AND TERMINATION, SUSPENSION, AND OTHER MEASURES

  • Terms

    These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Local Postal LLC terminate these Terms as described below.

  • Termination for inconvenience

    You may terminate these Terms at any time either via the "Cancel Account" feature on the Site or by informing Local Postal LLC by emailing on info@localpostal.com. If LOPOs wishes to cancel their account as a Local Postal business they must first mark their business as inactive through their postal and clear the queue of packages that are expected to arrive and those that have already arrived at their location. For any extraordinary situations LOPOs should contact Local Postal LLC to resolve such situations.

  • Termination for breach, suspension, and other measures

    Local Postal LLC may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Local Postal LLC Account registration, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Local Postal LLC believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Local Postal LLC or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    In addition, Local Postal LLC may deactivate, reviews, or other Member Content, cancel any pending or confirmed package facilitation requests, limit your use of or access to your Local Postal LLC Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Local Postal LLC Account, or temporarily or permanently suspend your Local Postal LLC Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from customers as a LOPO, or (ii) Local Postal LLC believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Local Postal LLC or third parties, for fraud prevention, risk assessment, security or investigation purposes.
    In case of non-material breaches and where appropriate, you will be given notice of any measure by Local Postal LLC and an opportunity to resolve the issue to Local Postal LLC's reasonable satisfaction.

CONSEQUENCES

If you or we terminate this Agreement, we do not have any obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Local Postal LLC Account. If your access to or use of the Site, Application and Services has been limited or your Local Postal LLC Account has been suspended or this Agreement has been terminated by us, you may not register a new Local Postal LLC Account or attempt to access and use the Site, Application and Services through other Local Postal LLC Accounts.

SURVIVAL

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

DISCLAIMERS

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LOCAL POSTAL LLC DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, LOPO BUSINESS AND CUSTOMERS.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT LIMITING THE FOREGOING, LOCAL POSTAL LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOCAL POSTAL LLC MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, LOPOS' BUSINESS OR THEIR LOCATIONS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOCAL POSTAL LLC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LOPOS' SERVICE OR ANY OTHER OFFERINGS, ITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOCAL POSTAL LLC OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY LOPO OR CUSTOMER. YOU UNDERSTAND THAT LOCAL POSTAL LLC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY LOPO LOCATION. LOCAL POSTAL LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CUSTOMER AND LOPOS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY LOCAL POSTAL LLC. LOCAL POSTAL LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR OFFER TO BE A LOPO OR USE OF LOPO LOCATIONS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LOCAL POSTAL LLC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER LOCAL POSTAL LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LOCAL POSTAL LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

INDEMNIFICATION

You agree to release, defend, indemnify, and hold Local Postal LLC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your interaction with any LOPO or a customer, (c) selecting any LOPO for your package delivery, or (d) making your business location available as a LOPO.

ASSESSING AND DOWNLOADING THE APPLICATION FROM APP STORE

The following applies to any Application accessed through or downloaded from the Apple App Store ("(App Store Sourced Application)"):

  • You acknowledge and agree that (i) these Terms are concluded between you and Local Postal LLC only, and not Apple, and (ii) Local Postal LLC, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.\
  • You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
  • In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Local Postal LLC and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Local Postal LLC.
  • You and Local Postal LLC acknowledge that, as between Local Postal LLC and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • You and Local Postal LLC acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Local Postal LLC and Apple, Local Postal LLC, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • You and Local Postal LLC acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
  • Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

ENTIRE AGGREMENT

Except as they may be supplemented by a document referenced and incorporated herein or by additional Local Postal LLC policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Local Postal LLC and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any offerings by LOPO businesses or request of package delivery facilitation made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Local Postal LLC and you regarding the Site, Application, Services, and Collective Content.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Local Postal LLC's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Local Postal LLC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Local Postal LLC (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Austin, Texas or a United States District Court, Southern District Court of Houston Texas located in Houston, Texas for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

If you reside in the United States, you and Local Postal LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Local Postal LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Local Postal LLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Local Postal LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Local Postal LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Local Postal LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Local Postal LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if Local Postal LLC changes this "Dispute Resolution" section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Local Postal LLC's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Local Postal LLC in accordance with the provisions of this "Dispute Resolution" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Local Postal LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Local Postal LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Contacting Local Postal LLC

You may contact Local Postal LLC using the information provided on our website.

PAYMENT TERMS AND SERVICE

IF YOU ARE SUBJECT TO UNITED STATES LAW, PLEASE NOTE: SECTION 28 OF THESE TERMS OF SERVICE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH LOCAL POSTAL LLC ARE RESOLVED. BY ACCEPTING THESE PAYMENTS TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.
PLEASE READ THESE PAYMENTS TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Last Updated:_________

Terms of Service

Local Postal LLC to be referred as Local Postal LLC referred to as ("we", "us" or "our") hereafter provides an online platform that connects business owners, to be referred as 'LOPO(s) or LOPO business or LOPO location' hereafter who offer their business location to be used for package deliveries (collectively, the "Services") which are accessible at www.localpostal.com or any other websites through which Local Postal makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
These terms and conditions ("Payments Terms") govern the payment services, including payment collection services, payments and payouts, conducted through or in connection with the Local Postal LLC Site, Application or Services ("Payments Services") that Local Postal LLC provide to you in connection with your use of the Local Postal LLC Site, Application and/or Services, and constitute a binding legal agreement between you and Local Postal LLC. The terms or service ("(Local Postal LLC Terms)") separately govern your use of the Site, Application and Services. All capitalized terms have the meaning set forth in the Terms unless otherwise defined in these Payments Terms.
YOU ACKNOWLEDGE AND AGREE THAT, BY USING THE PAYMENT SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE PAYMENTS TERMS. IF YOU DO NOT AGREE TO THESE PAYMENTS TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PAYMENT SERVICES. Failure to use the Payment Services in accordance with these Payments Terms may subject you to civil and criminal penalties. If you accept or agree to these Payments Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Payments Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Please also read carefully Local Postal LLC's Privacy Policy at www.localpostal.com

Modification

Local Postal LLC reserves the right, at its sole discretion, to modify or terminate the Payments Services or to modify these Payments Terms at any time and without prior notice. If we modify these Payments Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the "Last Updated" date at the top of these Payments Terms. Changes to the Payments Terms will be effective at the time of posting. Your continued use of the Payments Services will constitute acceptance of the revised Payments Terms. Additionally, if the modified Payments Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Payments Terms are not acceptable to you, your only recourse is to cancel your Local Postal Account. If you do not close your Local Postal LLC Account you will be deemed to have accepted the changes.

Eligibility

The Payments Services are intended solely for persons who are 18 or older. Any use of the Payments Services by anyone under 18 is expressly prohibited. By using the Payments Services you represent and warrant that you are 18 or older.

Account Registration

In order to use the Payments Services, you must first register to create a Local Postal Account and become a Member either as a LOPO or as a customer in accordance with the "Account Registration" section of the Local Postal Terms. You acknowledge and agree that anyone you authorize to use your Local Postal LLC Account may use the Payments Services on your behalf and that you will be responsible for any Payments made by such person.

Identity Verification

You authorize Local Postal LLC, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud. This may include asking you to provide a form of government identification (e.g. driver's license or passport), your date of birth, your address, and other information requiring you to take steps to confirm ownership of your email address, Payments Methods or Payout Methods; or attempting to screen your information against third party databases. You further authorize Local Postal LLC (or its affiliate) to request a consumer report on you from a consumer reporting agency.

Financial Terms

  • Key Definitions

    "Payments Method" means a Payments method that you have added to your Local Postal Account, such as a credit card, debit card or PayPal. "Payout Method" means a payout method that you have added to your Local Postal Account, such as PayPal, direct deposit or electronic funds transfer, a prepaid card or a debit card (where available).

  • Financial Terms for LOPOs regarding offering their business locations for package delivery

    Local Postal LLC will collect the Total Fees from each customer when the package(s) is handed over to them by a LOPO. Local Postal LLC will initiate Payments of the LOPOs' facilitation fees to LOPOs by 1st day of next month unless 1st day of the next month is a public holiday. In that case Payments will be made the very next business day. The time it takes for the LOPOs to receive payouts once released by Local Postal LLC may depend upon the Payout Method chosen by the LOPOs. Some Payout Methods involve the use of third-party Payments processors, who may impose their own additional charges, Local Postal LLC at its sole discretion may choose to deduct those charges form the payout amount.

  • Appointment of Local Postal LLC as a Limited Payments Collection Agent for LOPOs

    Each LOPO hereby appoints Local Postal LLC as the LOPOs' limited payment collection agent solely for the purpose of accepting the service Fees from customers.
    Each LOPO agrees that payment made by a customer through Local Postal LLC shall be considered the same as a payment made directly to the LOPOs, and LOPOs will render their offered service to the customer in the agreed-upon manner as if the LOPOs have received the service Fees. Each LOPO agrees that Local Postal LLC may, in accordance with the cancellation policy, refund to the customer the entire service Fees including LOPOs' facilitation fees. Each LOPO understands that Local Postal LLC accepts payments from customers as the LOPO limited payment collection agent and that Local Postal LLC' obligation to pay the LOPOs is subject to and conditional upon successful receipt of the associated payments from customers. Local Postal LLC does not guarantee payments to LOPOs for amounts that have not been successfully received by Local Postal LLC from customers. In accepting appointment as the limited collection agent of the LOPOs, Local Postal LLC assumes no liability for any acts or omissions of the LOPO.

  • Financial Terms for customers regarding service received by them

    You acknowledge and agree that, notwithstanding the fact that Local Postal LLC is not a party to the agreement between you and the LOPOs, Local Postal LLC acts as the LOPO's payment collection agent for the limited purpose of accepting payments from you on behalf of the LOPOs. Upon your payment of the Total Fees to Local Postal LLC, your payment obligation to the LOPOs for the services offered is extinguished, and Local Postal LLC is responsible for remitting the LOPOs facilitation fee in the manner described in these Payments Terms.
    You as a customer agree that Local Postal LLC may charge your Payment Method the Total Fees for any services completed at the LOPO location by that LOPO handing over your package to you. In order to establish that service request is made you understand and agree that Local Postal LLC, on behalf of the LOPO, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your Payment Method for the Total Fees or (ii) charge your Payment Method a nominal amount, not to exceed one dollar ($1), or a similar sum, to verify your Payment Method. As a general rule, Local Postal LLC will collect the Total Fees due once Local Postal LLC receives confirmation that your package is handed over to you from the applicable LOPO. In instances in which Local Postal LLC is unable to collect Total Fees in the ordinary course, Local Postal LLC may elect to collect Total Fees at a later point in time. Once the payment transaction for your requested service is successfully completed you will receive a confirmation email receipt.
    In connection with your requested service, you will be asked to provide customary billing information such as name, billing address and Payment Method information either to Local Postal LLC or its third-party payment processor(s). You agree to pay Local Postal LLC for any confirmed service request made in connection with your Local Postal LLC in accordance with these Payments Terms by one of the methods supported by the Site or Application (e.g. by PayPal, credit card or debit card). You hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the service, either directly by Local Postal LLC or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or Application.
    If Local Postal LLC is unable to collect any amounts you owe for requested service, Local Postal LLC may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by mail, electronic mail or by phone, as provided to Local Postal LLC. Such communication may be made by Local Postal LLC or by anyone on their behalf, including but not limited to a third party collection agent.
    Please note that Local Postal LLC cannot control any fees that may be charged to a customer by his or her third-party payment service provider related to Local Postal LLC's collection of the Total Fees, and Local Postal LLC disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.

  • General Terms

    • Cancellations and Refunds

      If, as a customer, you cancel your requested services before the requested services is completed by package being physically delivered to the LOPO location, Local Postal LLC will cancel any pre-authorization to your Payment Method and/or refund any nominal amounts charged to your Payment Method in connection with the requested service within a commercially reasonable time.
      If the customer requests to use another LOPO location and the new location completes the service by receiving and handing over the package to the customer, then Local Postal LLC will collect the Total Fees relating to that service, in accordance with these Payments Terms.
      If, as a LOPO, you cancel a confirmed service request, you agree that Local Postal LLC may collect any cancellation charges imposed pursuant to the Local Postal LLC terms. Local Postal LLC will treat your cancellation as a payment authorization, and Local Postal LLC will withhold any cancellation fees from your future payouts or charged to any Payment Method on file in your Local Postal Account.
      If Local Postal LLC decides for any reason that it is necessary or desirable to cancel a confirmed pending request made via the Site, Application and Services pursuant to the Local Postal Terms you agree that Local Postal LLC and the relevant LOPO will not have any liability for such cancellations or refunds.

    • Customer Interaction Center also referred as "CIC"

      Each Member agrees that Local Postal LLC may collect from you any amount paid through the CIC in connection with your Local Postal Account by charging the Payment Method associated with the relevant services or any other Payment Method on file in your Local Postal account, or by withholding the amount from your future payouts. Local Postal LLC will process such payments otherwise in accordance with these Payments Terms.

    • Payment processing errors

      We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same Payout Method or Payment Method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.

Taxes

Tax regulations may require us to collect appropriate tax information from our LOPOs, or to withhold taxes from payouts to LOPOs. You as a LOPO are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a business or individual fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US business or individual and you fail to provide us with a completed IRS Form we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.
You as a LOPO understand and agree that you are solely responsible for determining your applicable Tax reporting requirements. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Local Postal LLC cannot and does not offer Tax-related advice to any LOPO.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the "Tax Authority") where your LOPO is located may require Taxes to be collected from you as LOPOs on the amount paid for the services offered by you to the customer.

Payment Method Information

You authorize Local Postal LLC to store your Payment Method information and charge your Payment Method as outlined in these Payments Terms. If your Payment Method's account information changes (e.g. account number, routing number, expiration date), we may acquire that information from our financial services partner or your bank and update your Payment Method on file in your account.

Privacy

You agree that Local Postal LLC's Privacy Policy (as may be updated from time to time) governs Local Postal LLC's collection and use of your personal information.

Additional Products and Terms

Our Site, Application and Services may have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Local Postal LLC ("(Referral Program)"). If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("(Feedback)"). You may submit Feedback by emailing us, through the "contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Local Postal LLC and you hereby irrevocably assign to Local Postal LLC and agree to irrevocably assign to Local Postal LLC all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Local Postal LLC's request and expense, you will execute documents and take such further acts as Local Postal LLC may reasonably request to assist Local Postal LLC to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Account Limitation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit access to your Local Postal Account and any associated Payment Services.

Disclaimers

IF YOU CHOOSE TO USE THE PAYMENT SERVICES, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT LOCAL POSTAL LLC PROVIDES THE PAYMENT SERVICES TO YOU SUBJECT TO YOUR STATUTORY RIGHTS BUT OTHERWISE "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY STATED IN THESE PAYMENTS TERMS. WITHOUT LIMITING THE FOREGOING, LOCAL POSTAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. LOCAL POSTAL LLC MAKES NO WARRANTY THAT THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. LOCAL POSTAL LLC MAKES NO WARRANTY REGARDING THE QUALITY OF THE PAYMENT SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LOCAL POSTAL LLC OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NOTWITHSTANDING LOCAL POSTAL LLC's APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE LOPO FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM CUSTOMERS ON BEHALF OF THE LOPO, LOCAL POSTAL LLC EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY CUSTOMER OR OTHER THIRD PARTY. LOCAL POSTAL LLC DOES NOT HAVE ANY DUTIES OR OBLIGATIONS AS AGENT FOR EACH LOPO EXCEPT TO THE EXTENT EXPRESSLY SET FORTH IN THESE PAYMENTS TERMS AND ANY ADDITIONAL DUTIES OR OBLIGATIONS AS MAY BE IMPLIED BY LAW ARE HEREBY EXPRESSLY EXCLUDED.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR offer to be a LOPO or use of LOPO locations VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF LOCAL POSTAL LLC WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Local Postal LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Local Postal LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to release, defend, indemnify, and hold Local Postal LLC and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; ((i) your interaction with any LOPO or a customer, (ii) selecting any LOPO for your package delivery, or (iii) making your business location available as a LOPO.

Entire Agreement

Except as they may be supplemented by a document referenced and incorporated herein or by additional Local Postal LLC policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Payments Terms constitute the entire and exclusive understanding and agreement between Local Postal LLC and you regarding the Payment Services, and these Payments Terms supersede and replace any and all prior oral or written understandings or agreements between Local Postal LLC and you regarding the Payment Services.

TERMINATION

  • Termination for Convenience

    You may terminate these Payments Terms at any time by following the termination procedures specified in the Local Postal LLC terms. Terminating these Payments Terms will also serve as notice to cancel your Local Postal Account pursuant to the Local Postal terms.
    Without limiting our rights specified below, Local Postal LLC may terminate these Payments Terms for convenience at any time by giving you 30 days' notice via email to your registered email address.

  • Termination for Breach, Suspension, and Other Measures

    Local Postal LLC may immediately, without notice terminate these Payments Terms, limit your use of or access to the Payment Services, or temporarily or permanently suspend your Local Postal Account if (i) you have breached these Payments Terms, including but not limited to any breach of your warranties outlined in these Terms or breach a provision under Section 13, "User Conduct", (ii) you have provided inaccurate, fraudulent, outdated or incomplete information, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Local Postal LLC believes in good faith that such action is reasonably necessary to protect other Members, or third parties, for prevention of unlawful activity or fraud, risk assessment, security or investigation purposes. In case of non-material breaches and where appropriate, you will be given notice of any measure by Local Postal LLC and an opportunity to resolve the issue to Local Postal LLC's reasonable satisfaction.

  • Consequences

    If your access to or use of the Payment Services has been limited or your Local Postal Account has been suspended or these Payments Terms has been terminated by us, you may not register a new Local Postal Account or attempt to access and use the Payments Services through other Local Postal Accounts.

  • Survival

    If you or we terminate these Payments Terms, the clauses of these Payments Terms that reasonably should survive termination of these Payments Terms will remain in effect.

Assignment

You may not assign or transfer these Payments Terms, by operation of law or otherwise, without Local Postal LLC prior written consent. Any attempt by you to assign or transfer these Payments Terms, without such consent, will be null and of no effect. Local Postal LLC may assign or transfer these Payments Terms, at its sole discretion, without restriction. Subject to the foregoing, these Payments Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Payments Terms, will be in writing and given by Local Postal LLC (i) via email (in each case to the address that you provide) or (ii) by posting to the Local Postal LLC Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Texas and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Austin, Texas or a United States District Court, Southern District Court of Houston Texas located in Houston, Texas for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

If you reside in the United States, you and Local Postal LLC agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Local Postal LLC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Local Postal LLC otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms. Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules. Arbitration Location and Procedure. Unless you and Local Postal LLC otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Local Postal LLC submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. Local Postal LLC will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration. Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Local Postal LLC will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Changes. Notwithstanding the provisions of the "Modification" section above, if Local Postal LLC changes this "Dispute Resolution" section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of Local Postal LLC's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Local Postal LLC in accordance with the provisions of this "Dispute Resolution" section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

General

The failure of Local Postal LLC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Local Postal LLC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Third Party Beneficiary

These Payments Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

Contacting Local Postal LLC

You may contact Local Postal LLC using the information provided on our website.