- ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE. The services offered by Friend
in America International, LLC ("Friend in America") at www.FriendinAmerica.com ("FriendinAmerica.com"
or "Site"), and any sub-domains, are provided to you under the terms and conditions
of this Terms of Service ("Terms of Service"), and any operating rules or policies
that may be published by Friend in America at the URL: www.FriendinAmerica.com (the
"Service"). The Terms of Service comprises the entire agreement between you and
Friend in America, and supersedes all prior agreements between the parties regarding
the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, OR
USING FriendinAmerica.COM, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS
HEREIN. You may continue to use FriendinAmerica.com as long as you adhere to these
Terms of Service.
- AGENCY. By completing the registration form, you hereby make, constitute and appoint
Friend in America, acting through any of its authorized persons your true and lawful
agent for the receipt of mail. Until you have provided a notarized copy of USPS
Form 1583 and 2 forms of identification Friend in America reserves the right to
destroy, after 7 days of receipt, all incoming USPS mail and Parcels in your name.
- SECURITY. You are solely responsible for maintaining the confidentiality of your
password and account, and for any and all activities that occur under your account.
You may change your password or any other account information at any time by going
to your My Account page once you have logged in. You may also set up a new account
at your convenience. You agree to notify Friend in America immediately of any unauthorized
use of your account or any other breach of security known to you. You must promptly
inform Friend in America of actual or apparent breaches of security, such as loss,
theft, or authorized disclosure or use of a user account or password. Until Friend
in America is notified, in writing, of a breach in security, you will remain liable
for any unauthorized use of the Service through your account. In consideration for
using the Service, you agree to: (1) provide certain current, complete, and accurate
information about you when prompted to do so by the Service, and (2) maintain and
update this information as required to keep it current, complete and accurate. If
any information provided by you during your original registration or in your My
Account is inaccurate, Friend in America reserves the right to terminate your account
immediately and your right to use the Service.
- TERMINATION. You may terminate your participation in the Pay Per Use Service with
or without cause at any time and effective immediately. You may terminate your participation
in the Subscription Service with or without cause at any time and effective immediately
after the 3 month commitment has been met. Friend in America may terminate the Service
or your use of the Service with or without cause at any time and effective immediately,
at Friend in America's sole discretion, should your conduct fail to conform to the
terms and conditions of these Terms of Service. Friend in America shall not be liable
to you or any third party for termination of the Service or termination of your
use of the Service. Should you object to any terms and conditions of the Terms of
Service or any subsequent modifications Friend in America makes to the Terms of
Service or become dissatisfied with the Service in any way, your only recourse is
to immediately: (1) discontinue use of the Service; and (2) notify Friend in America
of your termination within the Support log in your account and, at your discretion,
notify Friend in America of the reasons for your termination. Upon termination of
your use of the Service, your right to use the Service shall cease immediately.
After cancellation or termination of the Service, Friend in America reserves the
right to (i) charge you standard rates for mail or packages that still arrive under
your name, or (ii) return the items to sender or destroy them.
- USER CONDUCT. Your use of the Service is subject to all applicable local, state,
national and international laws and regulations, including but not limited to all
U.S. postal regulations, and all regulations set forth by foreign jurisdictions
through which you are shipping. You agree not to use the Service for illegal purposes
or to ship hazardous or dangerous materials; or interfere or disrupt networks connected
to the Service or violate the regulations, policies or procedures of such networks
or attempt to gain unauthorized access to other accounts, computer systems or networks
connected to the Service, through password mining or any other means; or harass
or interfere with another user's use and enjoyment of the Service. Failure to comply
with the above may result in cancellation without notice. You will be responsible
for any losses incurred by Friend in America as a result of your improper use of
the Service and you hereby agree to indemnify and hold Friend in America harmless
from and against all manner of loss or damage arising from your use of the service
in violation of these Terms of Use.
- ACCEPTANCE. Friend in America will not accept items delivered COD (Cash on Delivery)
on your behalf unless, in advance, you have previously deposited with Friend in
America sufficient monies to pay the COD charges. Friend in America will not accept
delivery on your behalf of goods that prohibited or goods that are clearly damaged.
Any such deliveries will be returned refused and returned to sender. Friend in America
will not accept delivery to any one on your behalf unless the delivery is addressed
to you.
- INSPECTION. Friend in America reserves the right to open and inspect all items delivered
in your name without notice to you.
- STORAGE. Friend in America will store packages free of charge for a period of [45]
days from the date of delivery. After [45] days, Friend in America will charge you
a fee of $5 a day which will have to be paid prior to shipment to you. After [60]
days in storage, Friend in America reserves the right to sell, destroy or otherwise
dispose of such packages without incurring any liability to you or any other party
whatsoever.
- EXPORTING. Upon your request, Friend in America will ship all packages to your home
country and deliver it the address you registered with Friend in America. No packages
will be shipped until you have paid all shipping charges and storage costs, if any.
You are solely responsible for declaring the correct value of each package for the
purpose excise, duty and tax payments. You should note that shipments may be inspected
at anytime by Customs authorities and incorrect valuations can lead to penalties
for which you are solely responsible.
- FEES. Our fees are posted on the Site. Volumetric weight may apply on bulky, lightweight
packages. Volumetric weight is calculated by multiplying height by width and length
in inches and dividing by 166 to produce a weight in pounds.
- LIMITATION ON DAMAGES. All packages are shipped on a limited liability basis. In
no event shall Friend in America's aggregate liability exceed $100 per shipment.
In no event shall Friend in America be liable to anyone for any indirect, punitive,
special, exemplary, incidental, consequential or other damages of any type or kind.
In no event shall Friend in America be liable to anyone for any direct damages of
any type or kind (including lost profits) from performance the Service except in
the case of Friend in America's gross negligence or willful misconduct.
- ACTS OF GOD, ETC. Friend in America shall be excused from performance of its obligations,
in whole or in part, under this Agreement if the failure or inability to perform
is caused by reason of Force Majeure. "Force Majeure" as used herein means acts
of God, fire, flood or other natural catastrophes, electric, communications or other
utility outages, national emergencies, civil disturbances, insurrections, riots,
wars (declared or undeclared), epidemics, strikes or labor disputes, actions or
restrictions of an governmental authority, or causes not within the reasonable control
of Friend in America.
- EXECUTIVE ORDER 13,224. You represent and warrant to Friend in America that neither
you nor any person acting on your behalf is a person or entity described by Section
1 of the Executive Order No. 13,224 - Blocking Property and Prohibiting Transactions
With Persons Who Commit, Threaten to Commit, or Support Terrorism. This order can
be reviewed at 66 Fed reg. 34,777 (June 29, 2001).
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