Terms and Conditions
AGREEMENT FOR MAILBOX RENTAL, MAIL AND PACKAGE FORWARDING, AND RELATED SERVICES
1. Amboy Technologies LLC, doing business as AmForward, operates a mailbox rental operation and is the owner of certain mailboxes (each hereafter referred to as a "Mailbox") installed at 10752 SE Highway 212, Clackamas, OR 97015, USA. In addition to the Mailbox rental, mail and package forwarding, AmForward may also offer related services to its customers. The Mailbox and all related services (collectively the "Service") are provided to you ("Customer") under the terms and conditions of this Mailbox Service Agreement and any modifications that may be made from time to time to this Agreement and all other terms, conditions, rules or operation or policies that may be made from time to time by AmForward (collectively the "Agreement"). As used in this AGREEMENT, the term "Customer" means Customer as well as its owners, members, employees, officers, directors, shareholders, partners, affiliates, parent and subsidiary companies, representatives, attorneys, heirs, successors and assigns. AmForward is a commercial mail receiving agency and is subject to federal laws and regulations regarding commercial mail receiving and forwarding.
2. CUSTOMER AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT AT ALL TIMES. BY OPENING AN ACCOUNT WITH AmForward AND CONTINUED USE OF THE SERVICE CUSTOMER AGREES TO ABIDE BY THE TERMS OF THIS AGREEMENT.
3. AmForward may modify or amend this AGREEMENT at any time. If such an amendment occurs then Customer may be notified of all amendments or modifications by one of the following methods:
a) a popup screen that alerts the customer to the existence of amendments or modifications when Customer accesses AmForward website. By continued use of the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT; or
b) an email notice sent to the registered email address of Customer. By continuing the use of the mailbox and/or the Service, Customer agrees to be bound by the modifications or amendments to this AGREEMENT. Notwithstanding the above, all modifications or amendments by AmForward will become effective as soon as published in AmForward website (www.AmForward.com).
4. Customer must complete USPS Form 1583 in order for AmForward to provide a Mailbox or the Service. AmForward may not accept mail for the Customer unless the Customer has properly completed USPS Form 1583 and all other legal requirements have been met. By completing USPS Form 1583, the original of which may be provided to the United States Postal Service ("USPS"), the Customer is expressly appointing AmForward as its agent for receipt of any mail, packages or parcels addressed to the Customer and delivered to AmForward at 10752 SE Highway 212, Clackamas, OR 97015, or at any other address which AmForward may from time to time designate. AmForward will retain a copy of Customer's USPS Form 1583 which will be made available at all times for examination by USPS postal representatives and postal inspectors. AmForward reserves the right to, at its sole discretion, return to sender, destroy, or otherwise discard any mail received for a Customer that has failed to agree to the terms of this AGREEMENT or has failed to execute and deliver to AmForward a properly completed USPS Form 1583 along with a copy of two acceptable forms of identification or has failed to validate his/her identity to AmForward sole satisfaction.
5. Customer will enter a confidential password and receive a Mailbox account number when registering for a new account with AmForward. Customer shall maintain the security and confidentiality of the password. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer's account. Customer must immediately alert AmForward of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.
a) Customer agrees to create a User Account with AmForward in order to use the Services.
b) Customer's User Account will be created using AmForward's online sign up process, or any other method specified by AmForward from time to time.
c) Customer's User Account will permit Customer to login to AmForward website to manage Customer's User Account, make use of AmForward website and to manage other details involving Customer's relationship with AmForward.
d) Customer agrees to keep confidential and secure any username and/or password used to access Customer's User Account.
e) Customer warrants that all information provided to AmForward in the setup of Customer's User Account is true and correct in every detail.
f) Customer agrees to maintain only one User Account in relation to Customer's use of the Services and AmForward website
g) All users of the Services must be 18 years of age or older. By creating a User Account, Customer represent and warrant to AmForward that Customer is 18 years of age or older and can form legally binding agreements under applicable law. Customer may however permit minors under 18 years of age to use Customer's User Account on Customer's behalf provided that Customer is their parent or legal guardian, and provided that their use of Customer's User Account occurs under Customer's supervision at all times. If Customer does permit a minor to use Customer's User Account in accordance with the forgoing then Customer agrees that Customer is responsible for their actions, omissions or negligence and Customer indemnifies AmForward against any loss, cost, expense or damage it may suffer as a result of the same.
h) If Customer is using the Services on behalf of Customer's employer, then both Customer and Customer's employer will be bound jointly and severally in relation to this Agreement and Customer's employer will be responsible for Customer's actions. Further Customer warrants that Customer has full authority to enter into this Agreement on behalf of Customer's employer.
6. AmForward provides Service under this AGREEMENT pursuant to one or more Service Plans. Customer hereby subscribes for Service under the Service Plan chosen by Customer when registering for an account. Customer acknowledges that it has been provided with a schedule detailing the monthly subscription fees and all other fees applicable to all Service Plans offered by AmForward and available to Customer. Customer agrees to pay all setup fees, monthly fees, shipping fees and other charges incurred for the Service Plan chosen by Customer and/or for all Service provided by AmForward. The Customer acknowledges and agrees that Customer may not hold more than ten (10) pounds of mail in its account or Mailbox. If such Customer holds more than ten (10) pounds of mail, or if a mail item or parcel is stored in the Customer's Mailbox for more than the Plan's maximum free storage period, AmForward may:
a) perform an automatic upgrade of the Customer's Plan to a Service Plan under which AmForward charges a monthly fee. In this case, the Customer will be responsible for the monthly fees and charges payable under that plan; or
b) automatically ship all the contents of the Customer Mailbox to its address on record. In this case the Customer will be responsible for the shipping charges.
Under all Service plans, the Customer may store mail, packages or parcels in their Mailbox free of charge no longer than the Plan's specified free storage period. Customer agrees to pay a per-day storage fee (as specified in the Plan) for items of mail, packages and parcels stored in the Mailbox for longer than the Plan's specified free storage period with a minimum daily storage fee of 0.50 USD. The full daily storage fee is incurred on the 1st day after the free storage period expires and additional daily storage charges are incurred following days up until such time the stored mail, packages and parcels are shipped out or removed from Customer's Mailbox. If Customer fails to make payments for thirty (30) consecutive days for storage fees owed for storing of any mail piece, package or parcel beyond the free storage period, AmForward will consider such item abandoned and the item will be discarded, destroyed or otherwise disposed of by AmForward.
7. The initial term of this AGREEMENT shall be the minimum Service period or the initial period paid for by the Customer whichever is longer. Customer may terminate participation in the Pay-Per-Use Service with or without cause at any time and effective immediately. All subscription Service Plans automatically revert to the level of service and schedule of fees applicable to the Pay-Per-Use Service at the end of the prepaid subscription Service Plan period unless they are extended by selection and prepayment of fees for a new subscription Service Plan within the 30 days preceding the expiration date of the last prepaid and unexpired subscription Service Plan in effect or they are cancelled by written notice to AmForward. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at AmForward sole discretion. All subscription fees are due and payable the first day of each plan Service period, or on the date AmForward receives a first item in Customer's Mailbox. Customer agrees that AmForward may immediately charge Customer's account funds for all charges or monies owed by Customer to AmForward. The Customer acknowledges and agrees that AmForward may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer's designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of 25.00 USD. If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, AmForward has the right at its sole option to immediately terminate Service and/or this AGREEMENT.
8. A new Customer's minimum Service period shall be no less than thirty (30) days. This minimum Service period must be satisfied before a Customer may request a change to a Plan with a lower monthly fee, unless otherwise approved by AmForward. All fees charged pursuant to this AGREEMENT are subject to change by AmForward without prior notice to Customer. All fees are payable in advance. AmForward will prorate fee or provide refunds for cancellation of any service prior to the expiration of a Service period only for Service Plans with a Service period longer than 31 days. In addition to rent and other fees due hereunder, Customer agrees to pay for all shipping charges as set forth in the chosen Service plan and all other charges set forth in this AGREEMENT. Shipping charges are based on weight. Dimensional weight charges may apply on bulky, lightweight packages.
9. Upon cancellation by the Customer of this AGREEMENT or the Service, AmForward will provide Service only through the remaining term paid for by the Customer. The Customer agrees and acknowledges that AmForward shall have no liability for any mail, packages or parcels mailed or delivered to AmForward or other obligations with respect to such mail, packages or parcels after cancellation of this AGREEMENT by the Customer except as expressly provided herein.
Customer may at any time, request a refund of account funds, which Customer holds in Customer's User Account in US dollars and request payment of those funds to Customer. Any such payment by AmForward to Customer may be reduced by any amount owed by Customer to AmForward on any account whatsoever and may also be reduced by any related administration fees and charges imposed by AmForward from time to time. Any payment to Customer in a currency other than US dollars will be made at an exchange rate determined by AmForward in its sole discretion. Customer will bear all risk in relation to any loss Customer may make as a result of the exchange of US dollars to another currency. Any withdrawal of account funds in accordance with this clause may be subject to minimum or maximum withdrawal amounts specified by AmForward from time to time. AmForward may refuse to permit Customer to withdraw account funds where it considers that as at the date of withdrawal Customer is in breach of this Agreement. If AmForward issues Customer a refund, that refund will be paid to Customer using the same payment methods Customer used to remit the Customer Payment to AmForward or via any other method specified by AmForward from time to time.
10. AmForward shall hold and forward any mail, packages or parcels of the Customer for a period of not longer than thirty (30) days after expiration, termination or cancellation of this AGREEMENT. These services will be provided only to the extent that the Customer pays in advance for all packing, postage and AmForward applicable fees. If, upon termination of this Agreement or upon expiration of Customer's prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer's Mailbox contents, AmForward may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer's mailbox after thirty (30) days of termination, are subject to be discarded, destroyed or otherwise disposed of by AmForward. Customer waives and releases AmForward from compliance with any obligation to forward or remail such mail, packages or parcels provided for under federal law or USPS rules and regulations and specifically agrees that AmForward does not have any obligation to forward or remail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT. The foregoing is intended to be a written instruction from the Customer to AmForward that Customer's mail, packages and parcels need not be remailed to Customer as otherwise required in the USPS Domestic Mail Manual's conditions for Commercial Mail Receiving Agencies. The Customer acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of this AGREEMENT. Customer agrees that it will notify all persons of the change of address upon termination of this Agreement.
11. AmForward may, at its option, not accept Mail or Packages for more than the Plan's maximum number of persons in a single Mailbox. If Customer consistently receives an excessive number of mail pieces or more mail than can be placed in a single Mailbox, AmForward reserves the right to require Customer to pay additional fees to be determined by AmForward.
12. If Customer refuses to accept mail, packages or parcels from AmForward mailed or forwarded to Customer pursuant to this AGREEMENT, AmForward may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by AmForward in connection with such returns. Upon the request of AmForward, the Customer must sign for or otherwise acknowledge its acceptance of all mail, packages and parcels sent to Customer by AmForward.
13. The Customer acknowledges and agrees that AmForward will not accept certified, registered or restricted delivery mail, package or parcels on behalf of the Customer unless specifically authorized by the Customer for each such delivery.
14. AmForward will not accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with AmForward. At its sole discretion, AmForward may refuse to accept "postage due" mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.
15. The Customer agrees that mail, packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer's Mailbox, or when AmForward give notice that the item has been received to the Customer's email address. The Customer expressly releases AmForward from all further responsibility or liability with respect to mail, packages and parcels received by AmForward on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of mail, packages or parcels, and for other services as may be purchased from AmForward.
Customer agrees and acknowledges that Customer will only use Customer's User Account and AmForward website for the purposes of using the Services and for no other purpose. Use of the Mailbox for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer. In particular, in using Customer's User Account and accessing AmForward website, Customer will not:
a) resell or sublicense the use of AmForward website or Customer's User Account to any other person;
b) use Customer's User Account to promote the services of a competitor of AmForward without first obtaining the prior written consent of AmForward;
c) use Customer's User Account in a fraudulent or illegal manner, or send any materials from Customer's User Account which are unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, or in violation of applicable law;
d) use Customer's User Account to stalk or harass another person;
e) use Customer's User Account to impersonate any person in any way whatsoever;
f) use Customer's User Account to receive and send pirated materials, media or software;
g) use Customer's User Account for sending advertising, chain letters, junk mail, "spamming" or any other type of unsolicited mail;
h) forge or alter the address information contained in any mail or communication which Customer sends from Customer's User Account or in relation to the Services;
i) use Customer's User Account to send or deliver viruses, spyware, malware or other harmful, disruptive, or destructive files;
j) use Customer's User Account in such a way, which damages AmForward website or denies access to AmForward website to other users of AmForward website;
k) intentionally or recklessly use Customer's User Account in a way that degrades the performance of AmForward website for other users.
16. AmForward will provide the Customer with a mailing address for the Mailbox and Service. The Customer agrees not to modify or alter such mailing address. The Customer acknowledges and agrees that AmForward has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this AGREEMENT. Customer further acknowledges that AmForward may return to sender or discard any mail that is received at such mailing address but is addressed to a name not previously registered with AmForward or is addressed to a name that has not completed the requirements set forth by AmForward to verify the identity of such name, or is addressed to a name for which AmForward has not received a properly executed form 1583 and two forms of identification.
17. The Customer acknowledges and agrees that AmForward cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Mailbox or Service with such agencies and all USPS postal representatives and postal inspectors upon request. The Customer further acknowledges and agrees that AmForward may share any and all information about the Customer and use of the Mailbox or Service with any third party upon being presented with a civil or criminal subpoena. Customer specifically indemnifies and holds harmless AmForward from any and all liability, claims, damages, losses or causes of actions arising from the release of information regarding the Customer or the Customer's use of the Mailbox to any person, or local, state or federal agency or to the USPS. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If AmForward suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, AmForward may proceed to immediately terminate this AGREEMENT and Service.
18. In order to avoid AmForward being an unwitting party to fraud or other illegal activities, shall AmForward suspect any package of containing any illicit, dangerous or stolen items, AmForward may inspect such package. Furthermore, if AmForward receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by AmForward, AmForward may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer's mailbox as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at AmForward sole discretion. Furthermore, Customer agrees that AmForward may immediately charge Customer's account funds a processing fee of 10.00 USD plus applicable shipping cost and all other fees and expenses reasonably incurred by AmForward for each returned item, if the return is a result of a request by the sender, authorities, merchants or any other third party involved in the transaction that is reported to AmForward as conducted in improper, illegal, or fraudulent manner, or if the account is terminated due to misuse, abuse, or illegal conduct, and items received or remaining in the Customer's mailbox as of and after termination are returned to original senders of the items.
19. The Customer agrees and acknowledges that AmForward may at its sole option cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days notice. Such notice may be provided in written, email or other electronic form. Notwithstanding the above, AmForward may terminate this AGREEMENT immediately for good cause. Good cause shall include but is not limited to:
a) the Customer abandons the mailbox for a period of more than ninety (90) days;
b) the Customer does not provide payment to AmForward thirty (30) days after date due;
c) the Customer's volume of mail, packages and/or parcels is excessive and unreasonable;
d) the Customer's behavior towards AmForward employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;
e) the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors;
f) the Customer fails to provide or AmForward is unable to validate correct and accurate contact and personal information of Customer as requested by AmForward;
g) the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency; or
h) the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by AmForward.
The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.
20. The Customer agrees to protect, defend, indemnify and hold harmless AmForward, from and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys' fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by AmForward, including, without limitation, any claim for personal injury or property damage, arising from:
a) this AGREEMENT;
b) the Service provided to Customer by AmForward;
c) the Customer's use or possession of the Mailbox;
d) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.
e) loss, damage, or destruction of the Customer's mailbox contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to AmForward negligence or intentional act; and
f) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include AmForward and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.
21. CUSTOMER AGREES AND ACKNOWLEDGES THAT AmForward IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO MAILBOX CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT AmForward IS NOT A CUSTOM'S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS, DUTIES, TARIFFS, TAXES, OR OTHER CHARGES OR FEES OF ANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PACKAGES TO THE CUSTOMER. Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer. The Customer acknowledges and agrees that AmForward has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that AmForward does not insure nor process claims of any kind for USPS shipments.
Furthermore, Customer agrees that:
a) Customer will not use the Services for any illegal or fraudulent purpose or for any purpose other than using the Services as a Customer;
b) Customer will comply with all laws, which must be complied with in relation to the Services;
c) Customer will comply with any export restrictions, which may apply to the export or import of goods and intellectual property to locations inside or outside the United States or the territory in which Customer is located;
d) Customer warrants that Customer will not, by engaging AmForward to provide the Services, place AmForward in breach of any law or obligation owing to a third party;
e) Customer will not undertake any act or cause any omission, which will bring AmForward, its brand or other Customers into disrepute;
f) Customer will provide AmForward with all information requested by AmForward, which AmForward requires to provide the Services;
g) Customer will not use any robot, spider, scraper or other automated means to access AmForward website for any purpose without AmForward's express written permission; and
h) Customer will not bypass any measures we may use to prevent or restrict access to AmForward website or to Customer's User Account.
22. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). AmForward DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER'S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS; SERVICE IS PROVIDED ON A "AS AVAILABLE" BASIS AND AmForward MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR AmForward WEB PAGE IS AT CUSTOMER'S SOLE DISCRETION AND RISK AmForward WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM AmForward's WEBSITE.
23. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF AmForward, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS ARISING OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED THE RENTAL FEES PAID BY CUSTOMER OF ANY KIND FOR SERVICE NOT YET PERFORMED OR RECEIVED BUT IN ALL EVENTS NOT GREATER THAN 100.00 USD WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. AmForward SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY ARISING OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY OREGON LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL AmForward BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.
24. All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer's email address on record, within twenty-four hours (24) after transmission by fax to Customer's fax number on record, five (5) days after deposit in USPS post office, two (2) days after sending the notice via a commercial courier service to the Customer's address on Form 1583 or at the time such notice is delivered to the Customer.
25. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Oregon without regard to the conflicts of laws provisions thereof. Any action to enforce this AGREEMENT or any action arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and AmForward by this AGREEMENT shall be brought in the state or federal courts of Clackamas County, Oregon. The Customer consents and stipulates to venue and personal jurisdiction in the state and federal courts in and for Clackamas County, Oregon, USA as to any and all lawsuits or causes action arising from this AGREEMENT, the Service, the Mailbox or the relationship between Customer and AmForward created by this AGREEMENT. Customer acknowledges and agrees that it is establishing minimum contacts with the state of Oregon for purposes of asserting personal jurisdiction over the Customer for any claims arising from this AGREEMENT, the Service, the Mailbox or the relationship created between the Customer and AmForward by this AGREEMENT.
26. In the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
27. If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time, such failure will not operate as a waiver thereof.
28. Customer (including its agents, employees and representatives) represents to AmForward that it is not 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, 66 F. Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from AmForward.