TERMS AND
CONDITIONS
This Agreement constitutes
the entire agreement between
("Mbex.net") and you ("You"
or "Customer"). Mbex.net Service ("Mbex.net Service") is defined as any and all
services provided by Mbex.net to you. By using the Mbex.net web site and
Mbex.net Service, you
confirm your acceptance of, and agree to be bound by, this Agreement. Mbex.net
reserves the right to change these terms and conditions at any time in its
sole discretion. Your use of the web site after such changes are posted to
the web site constitutes your acceptance of the changes. Please consult these
terms and conditions regularly.
1. Information
provided by you in your registration process
shall be kept confidential and shall not
knowingly be disclosed without your prior
consent, except for law enforcement or postal operation purposes, in which case
Mbex.net intends to cooperate fully. Law
enforcement is further clarified to include all city, county, state or federal
agencies or their representatives. You represent and warrant that all
information you provide to Mbex.net in your registration process is true, accurate,
and not misleading. You assume sole responsibility for ensuring that any
material that you post or otherwise transmit to this site including via email and
in all areas or that is posted or otherwise transmitted via Your User ID and
password (“your Content”) does not post any false, or inaccurate information;
does not violate any laws or the rights of any person; does not share your User
ID and password with third parties or using your User ID and password for an
unauthorized purpose; and is not defamatory, obscene, pornographic,
threatening, abusive, or hateful.
2. The provision and collection of data
are subject to the terms of this Agreement and Mbex.net’s Privacy Policy,
the latter of which you shall find at the Mbex.net web site. Except as otherwise provided by the
Privacy Policy, you grant to Mbex.net a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, fully paid transferable right and license to use
any of your Content and exercise all rights, including but not limited to
copyright rights, in such information in any media now known or that may be
later developed. If you proceed to click on the "I Agree and Continue",
“Submit” or “Save” buttons displayed on the registration screens, you shall
be considered to have read, understood and accepted both the Agreement and
the Privacy Policy and have consented to Mbex.net’s collection of and use
of your information in the manner provided for this Agreement and the Privacy
Policy. Mbex.net does not assume any responsibility for your Content, and
is not responsible for any loss or damage related to your Content. Mbex.net
may, at any time and in its sole discretion, screen, monitor, investigate,
intercept, block, exclude, remove, request the removal of, or otherwise exercise
control over your Content or anyone else’s content that Mbex.net determines
violates any applicable law or any right of Mbex.net or any third party, or
otherwise may expose Mbex.net to civil or criminal liability or public ridicule,
provided however that such right shall not obligate Mbex.net to so exercise
control over your Content or any third party’s content. Mbex.net reserves
the right to give assistance to any relevant person or entity regarding any
such violation.
3. Mbex.net shall
update and maintain Mbex.net Service provided herein. If you want to have
your own U.S. address and use our Service, you must complete USPS Form 1583
(http://www.usps.com/forms/_pdf/ps1583.pdf) and have it notarized, and mail it
to Mbex.net along
with two types of ID such as a passport or a driver's license. Once we receive
the USPS Form 1583, we shall notify you and you shall find your own U.S. address
when you login. You shall use only the address designation "PMB"
or "#" to designate your address. No other designation is valid.
Specifically excluded is the use of suite, dept., or apt. The U.S. Postal
Service may refuse to deliver any piece of mail that does not include the
PMB or # sign designation. If you do not send us USPS Form 1583, we shall
allow you to use our Mbex.net address as a forwarding address for you to purchase
merchandise in the U.S. Mbex.net shall receive your packages through UPS,
FedEx, DHL(“Express Carriers”) and/or USPS . Mbex.net shall open and re-package
them if it is necessary, and ship them to you. In case Mbex.net has not received
proper documents such as a copy of your ID and/or USPS Form 1583 via mail,
Mbex.net may hold your mails and/or packages until Mbex.net receives the proper
documents. Mbex.net may terminate the account if Mbex.net does not receive
required documents within 30 days from a date that a customer
signs up with Mbex.net.
4. You represent and warrant that you
are at least 18 years of age and that you possess the legal right and ability
to enter into this Agreement. You shall not use Mbex.net service for any unlawful,
illegitimate or fraudulent purpose. You shall not use Mbex.net service for
sex businesses, Internet gambling, on-line adult content, roving merchants
(door-to-door sales), drug paraphernalia, and similar businesses. You agree
and acknowledge that you shall not solicit shipment of dangerous goods, explosives,
illegal drugs or any type of merchandise prohibited or regulated by the US
and/or by your country. Customer shall not use the service
in violation of any federal or State laws and or any import and export regulations.
You shall be responsible for any and all damages, costs (including without
limitation, reasonable attorney’s fees and expenses), fines or penalties from
your failure to comply with these requirements. Mbex.net reserves the right to immediately terminate
Mbex.net service upon suspicion of fraud or illegal activities.
5. As your authorized entity, Mbex.net shall sign on behalf of you when Mbex.net
receives and ships your packages through Express Carriers or USPS. All international
shipping charges are specified on the Mbex.net web site. We shall notify you
when we receive any packages for you. As your package must be shipped within
90 days from the delivery, you need to provide us with relevant shipping instructions
and make a payment for Mbex.net Service in advance. In the event that you
refuse to accept your package in your country, Mbex.net may return the package
to the sender and you shall be responsible for any shipping, handling charges,
customs and duties associated with such return.
6. Applicable
shipping and handling charges,
packaging material charges, set-up fees, recurring membership fees and other charges may be applied to your Mbex.net service. You may find any rates and charges
on the Mbex.net Service’s
World Wide Web site. Mbex.net reserves the right to change prices or features
at any time. All changes shall be posted by Mbex.net at Mbex.net Service's
World Wide Web site. All charges including set-up fees and memberships are
non-refundable. All payment for Mbex.net Service must be paid in advance and be made by your credit card or
on-line payment method such as PayPal or bank wire transfer. Your on-line
registration and our activation of your account will represent your acceptance
of the authorization to charge your credit card for all your future charges.
Your credit card or PayPal account will be charged automatically for your
membership renewal and all your shipping and handling charges. In addition, if payment is not received
by Mbex.net from the card issuer or its agents or PayPal, you agree to pay
all amounts due upon demand by Mbex.net. Each time you use Mbex.net Service,
or allow or cause Mbex.net Service to be used, you agree and reaffirm that
Mbex.net is entitled to receive your payment in advance. Mbex.net reserves
the right to suspend or terminate your Mbex.net Service without notice upon
rejection of any card or PayPal charges or if your card issuer (or its agent
or PayPal) seeks return of payments previously made to Mbex.net when Mbex.net
believes you are liable for the charge. Charges more than 15 days overdue
shall subject customer's service to interruption. Such interruption does not
relieve Customer from the obligation to pay the charge. Late charges of 1%
per month, or the highest amount permitted by law, shall accrue daily on the
amounts more than 15 days overdue. You agree to pay all sales and use taxes,
duties, or levies which are required by law as well as all attorney and collection
fees arising from efforts to collect any unpaid balance on your account.
7. You shall be responsible for any charges related to the shipment of your
packages to you including customs, taxes, nationalization fees, and surcharges
for remote locations, which may be billed at or after delivery. If the dimensional
weight exceeds the actual weight of your shipments, you shall be charged based
upon the dimensional weight. You must provide us with accurate shipping address
and telephone number. In an event that you need to change your shipping address,
you need to notify us in advance or update your shipping address under your
account.
8. The benefits
or rights conferred by this Agreement are non-transferable. The use of Mbex.net
Service account is limited to the one (1) individual whose name appears on
the account. Your package may not be accepted or returned back to a sender if the recipient
name and/or business name is different from your account name unless otherwise specified by you. Mbex.net reserves the right in its
sole discretion to change Mbex.net Service or any of its features at any time
with or without notice. Mbex.net has no obligation to monitor Mbex.net Service but may do so and
may disclose information of your use of the service to satisfy laws, regulations
or governmental requests; to operate Mbex.net Service properly; and, to protect
itself and its customers. Mbex.net reserves the right
to deny any individual or organization of an account, or to terminate your
access to any or all of Mbex.net Services at any time, without notice, for
any reason whatsoever.
9. The initial term of this Agreement shall be one (1) year from the date you enter into this Agreement and shall automatically renew for successive
additional 3 month terms until terminated as set forth herein or until written
notice of non renewal by either party is delivered to the other party at least
7 days of prior to the end of the current term. Mbex.net may terminate this
Agreement immediately upon default of Customer's payment or other obligations under
this Agreement. Either party may terminate this Agreement at any time by simply
providing the other party 7 days written notice. If your package
is stored at Mbex.net more than 90 days from the delivery and Mbex.net do
not receive any reply from you, this Agreement shall be terminated immediately
without any notice. After the termination, Mbex.net shall have the option to return all packages to the senders
at your expenses or to ship all packages to you at your expenses. If Mbex.net
do not receive the above shipping and handling charges within 30 days from
the termination date, you agree that all packages shall be discarded or destroy
at the sole discretion of Mbex.net. Fifteen (15) days after the termination
of this Agreement, Mbex.net shall refuse any package addressed to you and
delivered to Mbex.net.
10. Mbex.net shall
not be responsible for any damages customer suffers for any reason, including,
but not limited to damage to or loss of any package occurring during shipment to you, or resulting from non-deliveries, wrong
deliveries, and any and all service interruptions whether caused by the
negligence or other acts or omissions of Mbex.net and its employees, or of Customer
or of Express Carriers, or any
other party. Mbex.net MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY.
Customers agrees to indemnify and to hold harmless Mbex.net from any and all claims
resulting from customer's use of Mbex.net Service which causes damages to Customer
or any other party. Customer herein agrees that the total liability of Mbex.net for
any and all claims is limited to an amount not exceeding $100 regardless of the nature of the
claim. You hereby release Mbex.net from any and all obligations, liabilities and
claims in excess of this limitation. In no event shall any lawsuit or cause of
action be brought by Customer more than six (6) months after the act or
omission of Mbex.net which allegedly gave rise thereto. The foregoing exclusions
and limitations of liability shall apply whether or not any remedy or repair by
Mbex.net fails of its essential purpose. Customer further agrees and acknowledges
that Mbex.net would not have entered into this Agreement or provided the Mbex.net
Service to Customer but for the foregoing exclusion and limitations of
liability, and that they are a risk allocation which constitutes the basis of
the bargain between the parties.
11. Mbex.net grants Customer a
non-exclusive, non-transferable license to use Mbex.net Service provided hereunder.
Title and property rights, including all intellectual property rights to Mbex.net
Service, are and shall remain with Mbex.net. Customer recognizes that Mbex.net Service
used herein constitute valuable trade secrets of Mbex.net. Customer shall use its
best efforts to protect and keep confidential any and all Mbex.net Services used by
it and shall not attempt to copy, examine, in any way alter, or re-engineer,
tamper with, or otherwise misuse Mbex.net Service. You understand and agree that
following the termination of your Mbex.net Service Account for any reason, such
user name may be re-assigned to another customer and you agree that Mbex.net shall
not be liable for damages arising out of any such re-assignment, and you hereby
waive any claim with respect to any such re-assignment, whether based on
contract, tort or other grounds, even if Mbex.net has been advised of the
possibility of damages.
12. Mbex.net and Customer agree that any dispute or controversy arising out
of, relating to or in connection with the interpretation, validity, construction,
performance, breach or termination of this Agreement shall be settled by binding
arbitration to be held in La Habra, California, in accordance with the rules
then in effect of the American Arbitration Association (the "Rules").
The arbitrator may grant injunctions or other relief in such dispute or controversy.
The decision of the arbitrator shall be final, conclusive and binding on the
parties to the arbitration.
13. This Agreement supersedes any and all oral and written statements and
representations by any party and contains the entire agreement and
understanding between the parties hereto with respect to the subject matter
hereof and the transactions contemplated hereby. Mbex.net may change this
Agreement from time to time. Customer will be notified of any such changes via
e-mail or on the web site. If any of the provisions of this Agreement are determined to be illegal,
invalid or otherwise unenforceable, in whole or in part, they shall be deemed
severable from, and shall in no way affect the validity or enforceability of,
the remaining provisions of this Agreement. This Agreement shall be governed by
and construed, interpreted and enforced under the laws of the State of
California.