TERMS & CONDITIONS
IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY WHICH IS INCORPORATED HEREIN
BY REFERENCE, YOU SHOULD NOT USE THE WOMEN'S BUSINESS CONNECTIONS SERVICES. THESE TERMS AND CONDITIONS INCLUDE:
A. YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS”, AS AVAILABLE AND WITHOUT WARRANTY;
B. YOUR AGREEMENT THAT WBC AND THE CHANNEL PARTNER HAVE NO LIABILITY REGARDING THE SERVICES.
C. YOUR CONSENT TO RELEASE AND HOLD HARMLESS WBC AND THE CHANNEL PARTNER FROM ALL LIABILITY BASED ON CLAIMS ARISING UNDER THIS AGREEMENT OR THE USE OF THE SERVICES; AND
D. YOUR AGREEMENT TO INDEMNIFY WBC AND THE CHANNEL PARTNER FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICES
Introduction. Women's Business Connection, LLC, a Maryland limited liability company and its wholly owned company.
Authorization.
(a) YOU hereby authorize WBC to scan the outside of YOUR Mail; provided, however, that YOU acknowledge the WBC may decline to scan the outside or contents of Mail that in its sole discretion deems to be obscene, an incitement to hate or violence or contrary to law.
(b) YOU hereby authorize WBC to discard or recycle your Standard Mail, as that term is defined by the U.S. Postal Service (“USPS”), which is commonly referred to as “junk mail,” such as flyers, circulars, advertising and catalogues. Standard Mail will not be scanned or inserted
into your Mailbox. Standard Mail includes any items postmarked “Standard,” “Std,” “Std Pre-sort,” “non-profit,” or other markings used by the USPS to identify Standard Mail.
Services. From YOUR Mail Manager YOU may direct WBC to perform the following fee-based actions to YOUR Mail including but not limited to:
(a) Forward Mail to address YOU specify
(b) Forward Mail to another account
(c) Open and scan contents of Mail
(d) Shred or recycle the Mail
(e) Physically store mail
(f) Consolidate parcels for shipment
(g) Any other Services offered on the Site
Note that YOU are responsible for all instructions to perform services along with their expenses. WBC is not responsible for items that are recycled or shredded as a result of a customer request.
Mail Delivery. YOU must complete a separate United States Postal Service Form 1583 (“Form 1583”) to authorize WBC to receive YOUR mail the business address location YOU agree to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. YOU further agree to accept a revised version of this Agreement and Form 1583 whenever any information required on this Agreement or Form 1583 changes. As YOUR authorized commercial mail receiving agent (“CMRA”), the WBC will accept all mail, including
registered, insured and certified items and, if authorized on Form 1583 Completion and delivery of a Form 1583 to WBC authorizes and grants us the right to use the information on the Form 1583 and any other information for the limited purposes of serving as YOUR CMRA. WBC agrees
not to use any information on Form 1583 or that you provide it for any other purpose.
(a) YOU acknowledge that once YOU have completed form 1583 that the WBC has final determination of acceptance and that YOU will not
begin forwarding mail until the WBC approves YOUR application.
(b) YOU acknowledge that WE deliver scanned copies of Mail to accounts. WE do not warrant that Mail will never be mistakenly assigned to another account, and YOU acknowledge that in such cases WE are not liable to YOU or the intended recipient. WE will make our best efforts to notify both the intended recipient and the unintended recipient, immediately upon discovery of any error, and to remove the item from the unintended recipient’s Mail Manager.
Unauthorized Mail. In the event that Mail content belonging to a user outside of YOUR account appears in YOUR Mail Manager by means other than a Transfer from the addressed user (“Unauthorized Mail”), YOU agree not to request any action with respect to such Mail other than to alert YOUR Shipping Store that YOU have received Unauthorized Mail. YOU further agree not to view, read, copy, print or otherwise distribute, disseminate, disclose or use for any purpose any content or other information on or within a piece of Unauthorized Mail. YOU agree that violation of these terms may expose YOU to legal liability, both criminal and civil, and monetary damages, as well as termination of YOUR Mail Manager.
Illegal Activity. YOU must immediately notify WBC of any fraudulent, unauthorized, illegal or suspicious use of the Services or any other breach of
security or unauthorized or illegal activity that YOU reasonably suspect.
Pricing. WBC provides the monthly subscription pricing (“Price Plan”) as well as pricing for optional Services not included in or above the included limits of a chosen Price Plan (“Extras”). The pricing on the Site at http://womensbusinessconnection.com where YOU chose YOUR Plan is incorporated into this Agreement by reference. All fees resulting from Extras or Price Plans pursuant to this Agreement are subject to change by US. YOU acknowledge that YOU have web access to the schedule detailing the monthly fees and all other fees applicable to all Services. YOU agree to pay all fees, Price Plans and Extras (including charges incurred by persons using YOUR account) and/or for all Services.
Billing. YOU agree that WE may immediately charge YOU for all charges or monies owed by YOU to US. Your monthly subscription fee is billed at the start of each month and the billing merchant is “women's business connection” and that name will appear on your credit card statement. Annual fees are billed at the start of subscription year. By using the Services, YOU are expressly agreeing that WBC IS permitted to bill you with charges associated with the Price Plan and Extras, any applicable tax, customs duties and any other charges YOU may incur in connection with YOUR use of the Services. As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against YOUR payment method. If YOU want to use a different payment method or if there is a change in YOUR credit card validity or expiration date, YOU may notify is to edit YOUR payment method information 2weeks prior to payment due date. If YOUR designated payment method reaches its expiration date, YOUR continued use of the Services constitutes YOUR authorization for US to continue billing that payment method and YOU remain responsible for any uncollected amounts. YOU agree not to attempt a chargeback. We will l make every effort to assist you. Please call us.
Duration of Agreement. YOU agree that YOU shall be bound by the Conditions beginning on the first day you sign-up for the WBC Service. or when you first agree to the Conditions until the later of the date when (i) your license and any renewal thereof terminates, (ii) your Account is cancelled or (iii) you have your last contact with the Channel Partner for customer support.
Suspension and Account Locking. YOUR account will be placed in suspension (“Suspension”) if WE are unable to complete a funding transaction. If YOUR account is placed in Suspension, it will remain functional, but all service requests will be rejected for lack of funds and execution of pending Services will be suspended. YOU will continue to incur charges in respect of YOUR account. Suspension will end only upon our receipt of amounts sufficient to cause YOUR Account Balance to be greater than or equal $0.00. WE may also lock YOUR access to YOUR Account in the event WE have a reasonable basis to believe YOU are using YOUR Account for illegal purposes or in violation of this Agreement. Should YOU file a credit card chargeback, WE may close your account and/or require an account reactivation fee. Mail Forwarding will also be terminated at this time.
Services after Account Closure. Immediately upon account closure, YOU will no longer be able to have your mail forwarded or scanned to you. You will be able to pick your mail up in person upon payment of the balance owed in full.
Limit of Liability. YOU expressly agree that the total amount of liability of the WBC, if any, for any and all claims arising out of or related to this Agreement or performance hereunder shall not exceed $5.00 regardless of the nature of the claim.
Receipt of Mail. YOU must use the exact mailing address for the Mailbox without modification as set forth in Section 3 of Form 1583. The United States Postal Service will 8 return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
Fraud. YOU agree not to use the Services for any illegal purpose and to fully comply with U.S. federal and applicable state laws and regulations, including but not limited to USPS regulations, in YOUR use of the Services
Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that YOU see or read through the Services is owned by WBC. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. WBC owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United 9 States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents and other proprietary rights and laws. YOU may not copy, download, use, redesign, reconfigure or retransmit anything from the Services without OUR express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without OUR prior, written permission. OUR service marks and trademarks including, without limitation, WBC and the ENTREPRENEUHER logos are service marks owned by WBC. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. YOU may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner
Representations and Warranties. YOU represent and warrant that: (a) YOU have the legal power and authority to enter into this Agreement; (b) YOU have not falsely identified yourself or provided any false information to gain access to the Services; (c) YOUR contact and billing information on YOUR Account is correct; (d) YOU are not accessing and have not accessed the Services to commit illegal acts or violate any provisions of this Agreement; (e) YOU are in full compliance with any laws, regulations or rules applicable to the Services including those promulgated by USPS; and (f) YOU have completed and submitted the USPS Form 1583, if applicable. 10 YOU further represent and warrant that YOU are the authorized user and (if applicable) signatory to the payment mechanism used to open and maintain YOUR Account, and agree that YOU are responsible for any use, activity and charges incurred by YOU and any other users under YOUR Account. YOU acknowledge and agree that YOUR breach of any of these representations and warranties shall entitle US to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and attorneys’ fees and costs, at OUR sole discretion.
*** THE FOLLOWING IS A WAIVER OF RIGHTS TO A CLASS ACTION ***
(d) Waiver of Class Action. All arbitrations under this Agreement must be on an individual basis. This means that neither WE nor YOU may consolidate OUR or YOUR claims in arbitration by or against any other party, or litigate in court, or arbitrate any dispute, claim or controversy as a representative or member of a class or in a private 12 attorney general capacity. To the extent that a dispute arises as to this Section 27(d), only a court, and not an arbitrator, shall determine the validity and effect of this class action waiver. (e) Authority and Decision. The Arbitrator shall have the authority to award the same damages and other relief that a court could award. The Arbitrator shall issue a reasoned award explaining the decision and any damages awarded. The Arbitrator’s decision will be final and binding upon the parties. The parties will abide by, and fully perform, any award rendered by the Arbitrator. In rendering the award, the Arbitrator shall state the reasons therefore, including (without limitation) any computations of actual damages or offsets, if applicable. (f) Fees and Costs. In the event of arbitration under the terms of this Agreement, the fees charged by JAMS or other arbitration administrator and the Arbitrator shall be borne by the parties as determined by the Arbitrator, except for any initial registration fee, which the parties shall bear equally. Otherwise, the parties shall each bear their own costs, expenses and attorneys’ fees incurred in arbitration, except as otherwise decided by the Arbitrator. (g) Confidentiality. The arbitration proceedings including all filings, discovery and communications related to such proceedings and any result(s) of arbitration (including any arbitration award) shall be maintained as confidential information by the parties, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and other parties with a strict need to know. (h) Enforcement; Jurisdiction; Service of Process. To the extent court action is required to enforce any arbitration decision hereunder or the waiver of class action under Section 27(d), such action shall be brought in the state and federal courts located in and for Rockland County, New York, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. (i) YOU hereby agree, and waive any objection to, service of process on YOU by means of mail or email sent to YOUR Account. In the event of any dispute arising under this Agreement including, but not limited to, a suit to collect amounts due for Services provided to YOU by US, the prevailing party shall be entitled to recover attorneys’ fees and costs. 29. Notice. By using the Services, YOU consent to receiving electronic communications from US for any communications required or permitted under this Agreement. These communications include notices about YOUR Account and information concerning the Services. YOU agree that any notice, agreements, disclosure or other communications that WE send to YOU electronically will satisfy any legal requirements for written communication.Non-Waiver. If any party to this Agreement fails to enforce any provision hereof, or fails to exercise any right at any time, such failure shall not constitute a waiver of that or any other provision or right. 31. Assignment. YOU may not assign this Agreement without OUR prior written consent. WE may assign this Agreement without YOUR consent. This Agreement will inure to the benefit of iPostal1, its successors and assigns. 32. Modification. WE expressly reserve the right, at OUR sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to iPostal1. WE will endeavor to notify you of these changes, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to YOU or cause YOU to no longer be in compliance with this Agreement, YOU must terminate this Agreement and immediately stop using the Services. ANY continued use of the Services by YOU following any revision to this Agreement constitutes YOUR complete, unconditional and irrevocable acceptance of any and all such changes. WE may change, modify, suspend or discontinue any aspect of the Services at any time without notice or liability. WE may also impose limits on certain features or restrict YOUR access to parts or all of the Services without notice or liability. 33. Entire Agreement. This Agreement contains the entire agreement relative to the Services and supersedes all prior or contemporaneous oral or written understandings and agreements concerning the subject matter of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. 34. Severability. If any provision of this Agreement is deemed invalid, void or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.
BY REFERENCE, YOU SHOULD NOT USE THE WOMEN'S BUSINESS CONNECTIONS SERVICES. THESE TERMS AND CONDITIONS INCLUDE:
A. YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS”, AS AVAILABLE AND WITHOUT WARRANTY;
B. YOUR AGREEMENT THAT WBC AND THE CHANNEL PARTNER HAVE NO LIABILITY REGARDING THE SERVICES.
C. YOUR CONSENT TO RELEASE AND HOLD HARMLESS WBC AND THE CHANNEL PARTNER FROM ALL LIABILITY BASED ON CLAIMS ARISING UNDER THIS AGREEMENT OR THE USE OF THE SERVICES; AND
D. YOUR AGREEMENT TO INDEMNIFY WBC AND THE CHANNEL PARTNER FROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICES
Introduction. Women's Business Connection, LLC, a Maryland limited liability company and its wholly owned company.
Authorization.
(a) YOU hereby authorize WBC to scan the outside of YOUR Mail; provided, however, that YOU acknowledge the WBC may decline to scan the outside or contents of Mail that in its sole discretion deems to be obscene, an incitement to hate or violence or contrary to law.
(b) YOU hereby authorize WBC to discard or recycle your Standard Mail, as that term is defined by the U.S. Postal Service (“USPS”), which is commonly referred to as “junk mail,” such as flyers, circulars, advertising and catalogues. Standard Mail will not be scanned or inserted
into your Mailbox. Standard Mail includes any items postmarked “Standard,” “Std,” “Std Pre-sort,” “non-profit,” or other markings used by the USPS to identify Standard Mail.
Services. From YOUR Mail Manager YOU may direct WBC to perform the following fee-based actions to YOUR Mail including but not limited to:
(a) Forward Mail to address YOU specify
(b) Forward Mail to another account
(c) Open and scan contents of Mail
(d) Shred or recycle the Mail
(e) Physically store mail
(f) Consolidate parcels for shipment
(g) Any other Services offered on the Site
Note that YOU are responsible for all instructions to perform services along with their expenses. WBC is not responsible for items that are recycled or shredded as a result of a customer request.
Mail Delivery. YOU must complete a separate United States Postal Service Form 1583 (“Form 1583”) to authorize WBC to receive YOUR mail the business address location YOU agree to complete all necessary documents, including Form 1583 and any required acknowledgment form relating to service of process. YOU further agree to accept a revised version of this Agreement and Form 1583 whenever any information required on this Agreement or Form 1583 changes. As YOUR authorized commercial mail receiving agent (“CMRA”), the WBC will accept all mail, including
registered, insured and certified items and, if authorized on Form 1583 Completion and delivery of a Form 1583 to WBC authorizes and grants us the right to use the information on the Form 1583 and any other information for the limited purposes of serving as YOUR CMRA. WBC agrees
not to use any information on Form 1583 or that you provide it for any other purpose.
(a) YOU acknowledge that once YOU have completed form 1583 that the WBC has final determination of acceptance and that YOU will not
begin forwarding mail until the WBC approves YOUR application.
(b) YOU acknowledge that WE deliver scanned copies of Mail to accounts. WE do not warrant that Mail will never be mistakenly assigned to another account, and YOU acknowledge that in such cases WE are not liable to YOU or the intended recipient. WE will make our best efforts to notify both the intended recipient and the unintended recipient, immediately upon discovery of any error, and to remove the item from the unintended recipient’s Mail Manager.
Unauthorized Mail. In the event that Mail content belonging to a user outside of YOUR account appears in YOUR Mail Manager by means other than a Transfer from the addressed user (“Unauthorized Mail”), YOU agree not to request any action with respect to such Mail other than to alert YOUR Shipping Store that YOU have received Unauthorized Mail. YOU further agree not to view, read, copy, print or otherwise distribute, disseminate, disclose or use for any purpose any content or other information on or within a piece of Unauthorized Mail. YOU agree that violation of these terms may expose YOU to legal liability, both criminal and civil, and monetary damages, as well as termination of YOUR Mail Manager.
Illegal Activity. YOU must immediately notify WBC of any fraudulent, unauthorized, illegal or suspicious use of the Services or any other breach of
security or unauthorized or illegal activity that YOU reasonably suspect.
Pricing. WBC provides the monthly subscription pricing (“Price Plan”) as well as pricing for optional Services not included in or above the included limits of a chosen Price Plan (“Extras”). The pricing on the Site at http://womensbusinessconnection.com where YOU chose YOUR Plan is incorporated into this Agreement by reference. All fees resulting from Extras or Price Plans pursuant to this Agreement are subject to change by US. YOU acknowledge that YOU have web access to the schedule detailing the monthly fees and all other fees applicable to all Services. YOU agree to pay all fees, Price Plans and Extras (including charges incurred by persons using YOUR account) and/or for all Services.
Billing. YOU agree that WE may immediately charge YOU for all charges or monies owed by YOU to US. Your monthly subscription fee is billed at the start of each month and the billing merchant is “women's business connection” and that name will appear on your credit card statement. Annual fees are billed at the start of subscription year. By using the Services, YOU are expressly agreeing that WBC IS permitted to bill you with charges associated with the Price Plan and Extras, any applicable tax, customs duties and any other charges YOU may incur in connection with YOUR use of the Services. As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against YOUR payment method. If YOU want to use a different payment method or if there is a change in YOUR credit card validity or expiration date, YOU may notify is to edit YOUR payment method information 2weeks prior to payment due date. If YOUR designated payment method reaches its expiration date, YOUR continued use of the Services constitutes YOUR authorization for US to continue billing that payment method and YOU remain responsible for any uncollected amounts. YOU agree not to attempt a chargeback. We will l make every effort to assist you. Please call us.
Duration of Agreement. YOU agree that YOU shall be bound by the Conditions beginning on the first day you sign-up for the WBC Service. or when you first agree to the Conditions until the later of the date when (i) your license and any renewal thereof terminates, (ii) your Account is cancelled or (iii) you have your last contact with the Channel Partner for customer support.
Suspension and Account Locking. YOUR account will be placed in suspension (“Suspension”) if WE are unable to complete a funding transaction. If YOUR account is placed in Suspension, it will remain functional, but all service requests will be rejected for lack of funds and execution of pending Services will be suspended. YOU will continue to incur charges in respect of YOUR account. Suspension will end only upon our receipt of amounts sufficient to cause YOUR Account Balance to be greater than or equal $0.00. WE may also lock YOUR access to YOUR Account in the event WE have a reasonable basis to believe YOU are using YOUR Account for illegal purposes or in violation of this Agreement. Should YOU file a credit card chargeback, WE may close your account and/or require an account reactivation fee. Mail Forwarding will also be terminated at this time.
Services after Account Closure. Immediately upon account closure, YOU will no longer be able to have your mail forwarded or scanned to you. You will be able to pick your mail up in person upon payment of the balance owed in full.
Limit of Liability. YOU expressly agree that the total amount of liability of the WBC, if any, for any and all claims arising out of or related to this Agreement or performance hereunder shall not exceed $5.00 regardless of the nature of the claim.
Receipt of Mail. YOU must use the exact mailing address for the Mailbox without modification as set forth in Section 3 of Form 1583. The United States Postal Service will 8 return mail without a proper address to the sender endorsed “Undeliverable as Addressed.”
Fraud. YOU agree not to use the Services for any illegal purpose and to fully comply with U.S. federal and applicable state laws and regulations, including but not limited to USPS regulations, in YOUR use of the Services
Intellectual Property Rights. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that YOU see or read through the Services is owned by WBC. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. WBC owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United 9 States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents and other proprietary rights and laws. YOU may not copy, download, use, redesign, reconfigure or retransmit anything from the Services without OUR express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without OUR prior, written permission. OUR service marks and trademarks including, without limitation, WBC and the ENTREPRENEUHER logos are service marks owned by WBC. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. YOU may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner
Representations and Warranties. YOU represent and warrant that: (a) YOU have the legal power and authority to enter into this Agreement; (b) YOU have not falsely identified yourself or provided any false information to gain access to the Services; (c) YOUR contact and billing information on YOUR Account is correct; (d) YOU are not accessing and have not accessed the Services to commit illegal acts or violate any provisions of this Agreement; (e) YOU are in full compliance with any laws, regulations or rules applicable to the Services including those promulgated by USPS; and (f) YOU have completed and submitted the USPS Form 1583, if applicable. 10 YOU further represent and warrant that YOU are the authorized user and (if applicable) signatory to the payment mechanism used to open and maintain YOUR Account, and agree that YOU are responsible for any use, activity and charges incurred by YOU and any other users under YOUR Account. YOU acknowledge and agree that YOUR breach of any of these representations and warranties shall entitle US to injunctive relief (monetary damages not being sufficient remedy), as well as available monetary damages and attorneys’ fees and costs, at OUR sole discretion.
*** THE FOLLOWING IS A WAIVER OF RIGHTS TO A CLASS ACTION ***
(d) Waiver of Class Action. All arbitrations under this Agreement must be on an individual basis. This means that neither WE nor YOU may consolidate OUR or YOUR claims in arbitration by or against any other party, or litigate in court, or arbitrate any dispute, claim or controversy as a representative or member of a class or in a private 12 attorney general capacity. To the extent that a dispute arises as to this Section 27(d), only a court, and not an arbitrator, shall determine the validity and effect of this class action waiver. (e) Authority and Decision. The Arbitrator shall have the authority to award the same damages and other relief that a court could award. The Arbitrator shall issue a reasoned award explaining the decision and any damages awarded. The Arbitrator’s decision will be final and binding upon the parties. The parties will abide by, and fully perform, any award rendered by the Arbitrator. In rendering the award, the Arbitrator shall state the reasons therefore, including (without limitation) any computations of actual damages or offsets, if applicable. (f) Fees and Costs. In the event of arbitration under the terms of this Agreement, the fees charged by JAMS or other arbitration administrator and the Arbitrator shall be borne by the parties as determined by the Arbitrator, except for any initial registration fee, which the parties shall bear equally. Otherwise, the parties shall each bear their own costs, expenses and attorneys’ fees incurred in arbitration, except as otherwise decided by the Arbitrator. (g) Confidentiality. The arbitration proceedings including all filings, discovery and communications related to such proceedings and any result(s) of arbitration (including any arbitration award) shall be maintained as confidential information by the parties, except as is otherwise required by court order or as is necessary to confirm, vacate or enforce the award and for disclosure in confidence to the parties’ respective attorneys, tax advisors and senior management and other parties with a strict need to know. (h) Enforcement; Jurisdiction; Service of Process. To the extent court action is required to enforce any arbitration decision hereunder or the waiver of class action under Section 27(d), such action shall be brought in the state and federal courts located in and for Rockland County, New York, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on any party anywhere in the world. (i) YOU hereby agree, and waive any objection to, service of process on YOU by means of mail or email sent to YOUR Account. In the event of any dispute arising under this Agreement including, but not limited to, a suit to collect amounts due for Services provided to YOU by US, the prevailing party shall be entitled to recover attorneys’ fees and costs. 29. Notice. By using the Services, YOU consent to receiving electronic communications from US for any communications required or permitted under this Agreement. These communications include notices about YOUR Account and information concerning the Services. YOU agree that any notice, agreements, disclosure or other communications that WE send to YOU electronically will satisfy any legal requirements for written communication.Non-Waiver. If any party to this Agreement fails to enforce any provision hereof, or fails to exercise any right at any time, such failure shall not constitute a waiver of that or any other provision or right. 31. Assignment. YOU may not assign this Agreement without OUR prior written consent. WE may assign this Agreement without YOUR consent. This Agreement will inure to the benefit of iPostal1, its successors and assigns. 32. Modification. WE expressly reserve the right, at OUR sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Services or any content or information through the Services at any time, effective with or without prior notice and without any liability to iPostal1. WE will endeavor to notify you of these changes, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to YOU or cause YOU to no longer be in compliance with this Agreement, YOU must terminate this Agreement and immediately stop using the Services. ANY continued use of the Services by YOU following any revision to this Agreement constitutes YOUR complete, unconditional and irrevocable acceptance of any and all such changes. WE may change, modify, suspend or discontinue any aspect of the Services at any time without notice or liability. WE may also impose limits on certain features or restrict YOUR access to parts or all of the Services without notice or liability. 33. Entire Agreement. This Agreement contains the entire agreement relative to the Services and supersedes all prior or contemporaneous oral or written understandings and agreements concerning the subject matter of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. 34. Severability. If any provision of this Agreement is deemed invalid, void or otherwise unenforceable, that provision shall be deleted, but all other provisions, as well as the remaining portion (if any) of the invalid, void or unenforceable provision, shall continue in full force and effect.