TERMS AND CONDITIONS
Activation of the Member’s account or use of services provided by Access USA Shipping, LLC (hereinafter “MyUS.com” or the “Website”) will represent the Member’s acceptance of this agreement (hereinafter “Agreement”), as set forth in the following Terms and Conditions, and the Member’s authorization for MyUS.com to charge the Member’s payment method for all future charges.
· MyUS.com reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions. It is the Member’s responsibility to review the MyUS.com Terms and Conditions periodically as continued use of MyUS.com’s services will constitute the Member’s acceptance of any revised terms and conditions.
· MyUS.com prohibits any illegal activity by its Members. Any charges incurred, for legal advice or otherwise, by MyUS.com in connection with the enforcement of the law against a Member or a potential Member will be the financial responsibility of the Member or the potential Member. See Indemnification section below for further details.
· Membership starts the day the Member’s application is received by MyUS.com. MyUS.com cannot arrange for any shipments until all required documentation is received, including but not limited to a notarized USPS Mail Forwarding Form 1583 for Premium+Mail Members.
· The Member represents and warrants that he/she is responsible for complying with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement. For more information, please see your country-specific page in the Ship Globally section of our website.
I. Privacy Notice
II. User Guidelines
You agree to adhere to the following guidelines when using this Website:
• You may not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• You may not publish, post, advertise, distribute, disseminate, or upload any defamatory, infringing, obscene, indecent or unlawful material or information.
• You may not upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control all necessary rights to the files or have received all necessary consents.
• You may not upload files that contain viruses, corrupted files, or any other similar software, code, or programs that may damage the operation of another's computer.
• You may not delete or modify any author attributions, legal notices or proprietary designations or labels in any information that is published, posted, advertised, distributed, disseminated, or uploaded.
• You may not falsify the origin or source of information or material published, posted, advertised, distributed, disseminated, or uploaded.
• You may not conduct or forward surveys, contests, chain letters, or commercial solicitations.
• You may not download any material or information published, posted, distributed, disseminated, or uploaded by another user that you know, or reasonably should know, cannot be legally distributed in such manner.
• You may not provide personal information of others without their express permission.
• You may not provide personal information of individuals under the age of 13.
• You may not access or attempt to access MyUS.com’s information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained, or log into a server that you are not authorized to access.
• You may not attempt to circumvent or subvert system or network security mechanisms, or probe the security of any system, network, or account associated or used in conjunction with this Website.
III. TERMS OF SERVICE
· MyUS.com will provide the Member with a suite number at Access USA facility in the United States at which the Member can have mail and/or merchandise delivered.
· MyUS.com's services consist of acting as an agent of the Member for shipping purposes by receiving the Member's merchandise, which will be sorted, packed, and consolidated. At the Member’s direction, MyUS.com arranges for shipment to the Member’s specified local address by an unaffiliated service provider, which acts as the freight forwarder and/or carrier for the shipment. MyUS.com does not act as an indirect air carrier of property, but rather acts as an agent of the shipper (i.e., Members). All packages received by MyUS.com will be opened by representatives of the company. Members are responsible for all import obligations in the country to which all mail (for a +Mail Member only) and packages will be sent.
· For +Mail Members, MyUS.com also will receive the Member’s mail (i.e., letters, catalogs, magazines, and newspapers), MyUS.com cannot hold or store mail that will not fit into a 4 inch-tall mailbox. MyUS.com will notify the Member via e-mail once his/her mailbox is full, and the Member will have 5 days to either (a) request shipment of the mail or (b) request that MyUS.com discard the mail. If no reply is received from the Member, MyUS.com, in accordance with these terms, understands that the Member is directing MyUS.com to send the mail to the Member’s address on record through an unaffiliated freight forwarder or carrier. Any charges generated directly from this activity, including taxes, customs duties, and service charges (including any charges that may be established in the future) will be the responsibility of the Member.
· The Member authorizes MyUS.com to charge his/her payment method for all services and/or account activity with MyUS.com. Such charges may include but are not limited to membership dues, shipping and handling charges, return/reroute fees, storage charges, late charges, and any optional services. Failure to provide payment for services rendered at the time of service may result in late charges, stop shipment charges, suspension of service, cancellation of membership, and involuntary return or the discarding of any remaining merchandise.
· Shipping costs are based on the weight and dimensions of your shipments. Shipping costs will be charged according to the actual weight or dimensional weight, whichever is greater.
· MyUS.com will allow active Premium and +Mail Members to store their merchandise for up to 30 days at no charge. MyUS.com will allow active Standard Members to store their merchandise for up to 5 days at no charge. After 30 days for Premium and +Mail Members, or after 5 days for Standard Members, the Member agrees to pay storage charges of USD $1 per box per day.
· Prohibited or restricted merchandise is not storable and will be rejected, forfeited (and sold with the proceeds donated to charity), destroyed, or provided to government officials.
· Insurance costs for shipments of merchandise are based on the insured value. All insured shipments receive USD $100 of insurance, which is included in the shipping costs. Each additional USD $100 of insured value costs USD $2 USD. The insured value is subject to the terms and conditions of the particular carrier’s airway bill(s). All claims are reviewed individually and any claim payment will be based on the declared value.
· Claims for lost or damaged merchandise must be filed within the published time limits of the particular carrier. Claims are considered filed when a fully completed claim form, photograph(s), and supporting documentation, including receipts, are received by MyUS.com. Claims are reviewed individually and the review process will take a minimum of eight (8) weeks. Specific commodities, including televisions, computers, electronics, jewelry, figurines, furniture and lighting have limits of liability in case of loss or damage regardless of the declared value or insurance costs paid. Any liability for damage or loss caused after delivery to MyUS.com is limited to the lesser of either the declared value, proof of purchase price, or the specific commodity liability limit. No liability will be assumed by MyUS.com for damage or loss caused to any items before delivery to MyUS.com or caused to merchandise prepackaged by manufacturer. Failure to file a completed claim within the carrier time limit will invalidate the claim.
· Either party may cancel the Membership Agreement with written notice (via email, fax or letter). Upon cancellation, MyUS.com Members will receive a prorated refund on the unused portion of their annual membership charge. Annual membership refunds are based on the monthly membership usage rate of USD $25 per month for a +Mail Membership and USD $7 for a Premium Membership. Refunds will be processed within ten (10) business days of cancellation.
· Title to any items that cannot be exported after arrival at the MyUS.com facility will be forfeited by the Member. MyUS.com will have the option of returning all packages/mail to the sender(s) and/or of discarding the items, including by (1) selling any items not returned to the seller and then providing the proceeds of such sales to charity, (2) destroying such items, or (3) providing such items to a government official.
· Monthly membership charges and setup charges are non-refundable. Shipping charges for non-members or cancelled customers are twice the rate of the shipping charges listed on the MyUS.com website.
· If a Member’s account charges become delinquent for more than 30 days, MyUS.com may, at its sole discretion, cancel the Member’s membership, process all packages and mail by returning the same to the sender, or discarding all packages and mail. The Member forfeits all claims to items abandoned in his/her mailbox once the membership is cancelled.
· Monthly and annual memberships are automatically renewed unless the Member advises MyUS.com in writing that he/she wishes not to renew his/her membership.
· There is no membership fee for a Standard Account. Charges of a Standard Account only are incurred for initial set up, processing, shipping, and other shipping-related services.
· Each package received by MyUS.com with an incomplete, incorrect, or old address that can be associated with a Member will be assessed a USD $5 charge. Members should ensure that all merchants and sellers mark all packages with the complete and accurate address, including the Member’s unique suite number that has been assigned for consolidation purposes. All packages received with incomplete, incorrect, or old addresses that cannot be associated with a Member will be returned to the Sender or discarded.
· All invoices past due for more than thirty (30) days will be assessed USD $10 plus a 5% per month late charge. Personal Shopper orders past due for more than fifteen (15) days will be assessed USD $10 plus a 5% late charge for each 15 day period that an order remains past due.
· The Member’s MyUS.com suite number is to be used only for package consolidation purposes. The Member will not represent that its MyUS.com suite number is its address for any purpose other than as the address to which packages may be delivered prior to export, including, but not limited to, representing that its MyUS.com suite number is the address of the Member’s place of business or residence. Failure to comply with this requirement may result in the cancellation of the Member’s MyUS.com account.
· The Member is solely responsible for complying with any terms and conditions of sale that may be imposed by the seller of the merchandise. The Member acknowledges that MyUS.com is not responsible for any action taken by the seller with respect to the Member’s order as a result of the seller’s terms and conditions of sale.
· The Member also is responsible for informing the seller that any merchandise purchased and sent to MyUS.com’s facility ultimately will be exported out of the United States. It ultimately is the responsibility of the Member to ensure that the seller provides the export classification of the merchandise and determines if any export licenses are required for the merchandise. The Member must ensure that merchandise requiring an export license, or that is otherwise controlled for export, is not shipped to MyUS.com by the seller.
IV. COMPLIANCE WITH LAWS
· The Member is responsible for and warrants his/her compliance with all applicable laws, rules and regulations, including, but not limited to, the import and export laws and government regulations of any country to, from, through or over which the Member’s shipment may be carried. This responsibility includes determining and meeting any and all applicable import and export obligations and license requirements, including those of the U.S. Department of Commerce, U.S. Department of State, U.S. Customs and Border Protection, U.S. Department of Treasury, and any and all import obligations or license requirements of the destination country. Additional information is available in our Compliance Policy and on our Prohibited and Restricted Items page. The United States government provides general information about U.S. export requirements on the Export.gov website.
· The Member agrees and acknowledges that he/she shall purchase any and all merchandise from United States sellers under an (Incoterms) "ex-works" agreement (meaning that the seller's only responsibility is to make the goods available at the seller's premises. The buyer bears full costs and risks of moving the goods from there to the desired destination).
· The Member acknowledges that MyUS.com will not directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as "item") exported or to be exported from the United States that is subject to the International Traffic in Arms Regulations (ITAR) or that would require an export license under the Export Administration Regulations (EAR). The Member also acknowledges that MyUS.com does not allow for the use of license exceptions under the EAR or exemptions under the ITAR. Additional information about the items that you can and cannot have processed by MyUS.com is available in our Compliance Policy and on our Prohibited and Restricted Items page.
· The Member agrees to furnish the necessary information and complete and attach the necessary documents to comply with any applicable laws, rules and/or regulations, including notifying the United States Principal Party In Interest (“USPPI”), as defined by the United States Foreign Trade Regulations, about the nature of the export in every transaction generated by the Member. The Member agrees to provide to MyUS.com all required information for export purposes from the USPPI, including without limitation the Export Control Classification Number and the USPPI's tax identification number (if an Electronic Export Information filing (“EEI”) via the Automated Export System (“AES”)) is required.
If the price paid for merchandise is not listed on the invoice provided by the merchant, or if no invoice is available, the Member is responsible for providing MyUS.com with the true and accurate price that the Member paid for the merchandise, if the Member purchased it. In all circumstances, the Member represents and certifies that any value provided to MyUS.com is true and accurate. The MyUS.com Compliance Department reserves the right to periodically review values and may request additional documentation to support the values entered by the Member. The Member is subject to civil and criminal penalties for making false or fraudulent statements to the U.S. government or for the violation of any U.S. laws or regulations on exportation. The Member represents and warrants that (a) the recipient of any items consolidated by MyUS.com is the end user of any and all merchandise and mail that the Member has requested be exported through a freight forwarder or carrier to the recipient’s address, or, if the Member is reselling the merchandise, the Member can identify the end users and provide MyUS.com with any requested information on such end users, (b) any and all merchandise and mail that the Member requests be consolidated by MyUS.com will be used in the country to which the Member requests shipment, and (c) the Member will not re-export the merchandise and mail to a different destination. The Member may not return to the United States or resell in or into the United States any food products or dietary supplements it receives through MyUS.com, and shall require any recipients of the food products or dietary supplements to adhere to the same requirements. MyUS.com reserves the right to request that the Member or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item exported through a freight forwarder or carrier by MyUS.com.
· The Member is responsible for confirming that prohibited items listed in the MyUS.com Compliance Policy are not sent to MyUS.com. See http://www.myus.com/en/prohibited-export-import/ for more information. MyUS.com reserves the right to return packages to the sender(s) for any reason, to provide packages (and information concerning the same) to government authorities, or to otherwise discard packages (including by selling forfeited items with the sales proceeds going to charity).
· The Member represents and warrants that he/she will comply with all known applicable export and import control laws and regulations in the order and receipt of merchandise and mail under the terms of this Agreement.
· The Member represents and warrants that all its activities will be conducted in compliance with applicable laws governing the export, import, and provision of goods and services in the United States and in the jurisdictions in which the Member resides, operates, or will receive shipments, including but not limited to the Laws of the United States governing embargoes, sanctions, and boycotts, the Arms Export Controls Act (22 U.S.C. 2778), the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the Export Administration Act of 1979 (50 U.S.C. app. 2401-2420), the International Traffic in Arms Regulations (22 C.F.R. 120 et seq.), the Export Administration Regulations (15 C.F.R. 730 et. seq.), the Foreign Trade Regulations (15 C.F.R. Part 30) and all rules, regulations and executive orders relating to any of the foregoing, the Laws administered by the Office of Foreign Assets Controls of the United States Department of the Treasury, the Laws administered by United States Customs and Border Protection, and the Laws administered by the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the U.S. Department of Justice (collectively "Export, Import, and Economic Sanctions Laws"). Additional information about the items that you can and cannot have processed by MyUS.com is available in our Compliance Policy and on our Prohibited and Restricted Items page.
· At no time shall the Member provide merchandise or mail to any Prohibited Person (as defined herein). For purposes of this Agreement, a “Prohibited Person” shall mean (a) a Person who is a “designated national,” “specially designated national,” “specially designated terrorist,” “specially designated global terrorist,” “foreign terrorist organization,” “specially designated narcotics trafficker,” or “blocked person” within the definitions set forth in the Foreign Assets Control Regulations of the United States Treasury Department, 31 C.F.R., Subtitle B, Chapter V, as amended (the “OFAC Regulations”) or who otherwise appears on the list of Specially Designated Nationals and Blocked Persons, Appendix A to the OFAC Regulations; (b) the Government of Cuba, Iran, or Sudan, including any political subdivision, agency, or instrumentality thereof, or any other country against which the United States maintains economic sanctions or embargos under the OFAC Regulations or Executive Order; (c) a Person acting or purporting to act, directly or indirectly, on behalf of, or an entity owned or controlled by, any government, individual, or group against which the United States maintains economic sanctions or embargoes under the OFAC Regulations or Executive Order; (d) a Person who is described in section 1 of Executive Order 13224 – Blocking Property and Prohibiting Transactions with Persons who Commit, Threaten to Commit, or Support Terrorism, effective September 24, 2001; (e) a Person on any other list of terrorists or terrorist organizations maintained pursuant to any of the rules or regulations of OFAC or pursuant to any other Executive Order; or (F) a Person in violation of any other law, regulation, or Executive Order of similar import, as each such law has been or may be amended, adjusted, or modified or reviewed from time to time. In the event that the Member is believed potentially to be a Prohibited Person or requests that MyUS.com arrange for the shipment of items to an individual or entity believed to be a Prohibited Person, MyUS.com may ask the Member to provide documentation to show that the Member and/or individual or entity to which a request to export items has been made is not a Prohibited Person. If the identity of the Member and/or the individual or entity to which a request to export items has been made cannot be proven to the satisfaction of MyUS.com, MyUS.com reserves the right to remove the shipping address of such potential Prohibited Persons from the Member’s account or to cancel the Member’s account, MyUS.com also reserves the right to request a signed Statement of Assurance from the Member stating that the Member understands his or her obligations under U.S. export law and that the Member will conduct screening to ensure that the Member does not export to Prohibited Persons using the services of MyUS.com or its unaffiliated freight forwarders and/or carriers. For additional information about Prohibited Persons, including a tool that will allow you to look up the name of Prohibited Persons, please see the OFAC website.
V. APPOINTMENT OF MYUS.COM AS MEMBER'S AGENT
· As a Member, you grant MYUS.com a “Limited” Power of Attorney to act as your agent for the following specific purposes:
· preparation of shipping documents;
· preparation of any Certificates of Origin;
· preparation of an EEI via AES and
· preparation of an airway bill or any other document required to export merchandise to Member.
· If an EEI (for which a $50 preparation charge will apply) is required for goods manufactured and originating within the United States, MyUS.com will file the required export information on behalf of the Member as its agent pursuant to this section. If the Member or the USPPI fails to provide all of the information needed to accurately file an EEI, MyUS.com will decline to process the merchandise for export. MyUS.com reserves the right to review the accuracy of any information (e.g., by confirming that the Export Control Classification Number or merchandise value provided is correct). Under such circumstances, the Member is responsible for all costs incurred in returning the merchandise, tendering the merchandise to government authorities, or forfeiting and/or destroying the merchandise. The Member also acknowledges that under such circumstances, MyUS.com will not reimburse the Member for the value of the merchandise.
· The Member acknowledges that he/she has a duty to – and is solely liable for – accurately providing all information required by United States' laws and regulations, including information required by 15 CFR § 30 and maintaining all records as required under law. Civil or criminal penalties may be imposed against the Member by the U.S. government for making false or fraudulent statements with respect to this information.
· MyUS.com assumes no responsibility to act as a record-keeper or record-keeping agent for either the Member or the USPPI. The Member is responsible to supply to MyUS.com all information regarding the USPPI, including its name and employer identification number (EIN), and the Export Control Classification Number (“ECCN”), Schedule B classification, and all other information required under a routed export transaction as described in Title 15, Code of Federal Regulations, Part 30, the Foreign Trade Regulations (FTR). The Member also is responsible for providing the above information for any third-party seller listing items for sale on websites or through service providers like Amazon.com or eBay.com.
· The Member agrees that he/she will remain liable for and indemnify, defend, and hold harmless MyUS.com and its shareholders, officers, directors, agents, partners, employees and independent contractors, at all times from the date hereof , from and against any and all claims, actions, damages, awards, liabilities, losses (including consequential losses), judgments, penalties, interest, fines, expenses, and/or other costs (including attorneys' charges and court costs) arising by reason of the execution hereof or the consummation of the transactions contemplated hereby, including without limitation those arising from or relating to:
· any negligent action or omission of Member or any of the Member's employees, contractors, agents or any other person acting under Member's supervision or control prior to, as of, or following the date hereof;
· any inaccuracy or breach of any representation or warranty made by Member in this Agreement or any other document or instrument executed or delivered by Member in connection with this Agreement;
· any breach or non-performance of any covenant or agreement made by Company in this Agreement or any other document or instrument made by Member in connection with this Agreement;
· MyUS.com's preparation, determination or execution of the documents or any other document necessary for transportation, including but not limited to preparing address information, routing, classification, licensing requirements, and listing the value of goods or the value for carriage, except for claims arising solely from the gross negligence or willful misconduct of MyUS.com;
· the Member providing to MyUS.com any incomplete or false information; and
· the Member's failure to comply with the terms hereof or of any jurisdiction's law applicable to the exportation or importation of such shipments.
· The Member acknowledges that the foregoing provisions are a material inducement for MyUS.com to enter into this Agreement and the transactions contemplated hereby, and shall survive termination of this Agreement.
Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
VIII. No Legal Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MyUS.com as a result of this Agreement or your use of this Website.
IX. Entire Agreement
This Agreement constitutes the entire agreement between you and MyUS.com with respect to this Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and MyUS.com with respect to this Website. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach.
X. Conflict of Laws
This Agreement and all disputes concerning this Agreement shall be governed by the applicable law and the applicable regulations of the United States and by the applicable regulations of any agency of the United States, without applying conflict of law principles that would result in applying any state law or state regulation other than those of Florida. The parties, in all disputes between them, consent and submit to the exclusive jurisdiction and the exclusive venue of the United States courts and the parties waive all claims that such jurisdiction and venue is improper or inconvenient. In all lawsuits to enforce or interpret this Agreement, the parties waive all rights to a jury trial, and in such actions the prevailing party shall recover from the other party the prevailing party's costs and expenses, including the prevailing party's attorneys, experts and consultants. Notwithstanding the foregoing jurisdiction, and venue restrictions, the party in whose favor a judgment with respect to this agreement is entered shall be entitled to enforce that judgment in any jurisdiction in any venue.
XI. Further Information
For further information or to contact us with questions, concerns, or comments, you may contact us as follows: http://www.myus.com/en/contact/.