1. USABOX, INC. (“USABOX”, or “Us”, “We”, “Our” as the context may require) is the sole owner of certain private mailboxes which are for rental to the general public, as is the sale of related services that USABOX may from time to time offer to its clientele (the “Service”). The Service is provided to you (“Client” or “You, Your, Yours, as the context may require) under the terms of this Mail Service Agreement and any amendments thereto and any operating rules, policies, pricing, or procedures that may be published from time to time by USABOX (the “Mailbox Service Agreement” or “MSA”) in Our website
The terms of this MSA, as they may be applicable, will also serve as “General Terms and Conditions” for any other service, benefit, assistance or work, either related or not to the Services (as defined above), that USABOX may render to any person (either and individual or entity), and such person shall be deemed as a “Client” irrespective of the fact such person has signed up, or not, for the provision of a private mailbox. Our web site is found at https://www.usabox.com/ and this MSA is located at https://www.usabox.com/mail-service-agreement/
This MSA contains provisions that govern how USABOX and You, as Client, shall resolve any dispute that may arise as a result of Client’s use of the Services (see Dispute Resolution Section below.) The Dispute Resolution Section contains an Agreement to Arbitrate, which will, with limited exception, require the Client to submit claims against USABOX to binding and final arbitration. In all circumstances, the Client will only be permitted to pursue claims against USABOX on an individual basis, and not as a plaintiff or class member in any class or representative action or proceeding, and the Client will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
2. BY COMPLETING THE NEW ACCOUNT INFORMATION AND CLICKING THE “I AGREE” BUTTON, OR BY REQUESTING, USING OR BENEFITING FROM THE SERVICES, ASSISTANCE OR WORK FROM USABOX YOU ARE AGREEING TO BE BOUND BY THE MSA.
3. By completing USPS Form 1583, a copy of which will be made available to the United States Postal Service, the Client appoints USABOX as agent for receipt of any mail addressed to the Client and delivered to USABOX at Our address specified in Our Website. USABOX is not authorized to accept regular mail on behalf of the Client unless USPS Form 1583 has been completed, along with the requested forms of identification. Any mail received by USABOX will be returned to sender unless the Client has executed and delivered to USABOX or its agent a completed USPS Form 1583 (and its requested forms of identification). As per U.S. Postal Service regulations, the U.S. Postal Service will not accept a Change of Address upon termination of this Agreement. It is the Client’s responsibility to notify third-party correspondents of any change of address.
4. USABOX may change the MSA from time to time. Continued use of our website and services represents the Client’s acceptance of the MSA. We reserve the right, to modify, discontinue or terminate the Services or to modify the MSA, Our policies, pricing and procedures at any time and without prior notice. You are charged to read and verify the MSA at the moment of access to our website, as the MSA may vary at any time. We may, but are not obligated, to provide You with a notification as to such modifications. If the modified terms are not acceptable to You, You should cease using the Services and should cancel Your MSA. At any time We may change and/or re-design Our Website, either as to its appearance, and/or functionality. USABOX may alter the Services at any point including pricing and associated costs. Our Privacy and Data Policy may be found at the Site, as it is clearly made available at the Home Page of the Site. The same is incorporated into these Terms. We encourage You to read Our Privacy and Data Policy.
5. Client will create a password and receive a Mailbox designation during the new account registration process. Client is responsible for maintaining the confidentiality of the password and is fully responsible for all activities which occur under the Client’s password. Client agrees to immediately notify USABOX of any unauthorized use of the Client’s password or Mailbox or any other breach of security. Client certifies and attests that all information Client provides about Client under the Client’s online account, such as name, last name, and other personal information, is true and accurate and pertains to the Client. The Client cannot use aliases or provide information which is untrue, misleading or deceiving. The Client online account is not transferable. Only the Client, or an authorized user, as per applicable policy, can use the online client account. Client shall not share his/her online account, nor make it available, to third parties. Client agrees not to disclose Client’s password to any third party, and to take sole responsibility for any activities or actions under Client’s account. While USABOX attempt to use current technology to avoid any undue access to Our website, and/or to a Client’s account, USABOX cannot guarantee that such unauthorized access will not occur. Malicious access by the part of third persons intruding into Our Website and or data (hackers’ attacks) are not always preventable, and Client assumes all risks associated with creating a client’s account, accessing USABOX’s website, using the Services, providing information to USABOX via the website, and the collection of other data by virtue of Your access to USABOX website.
6. A schedule detailing the monthly rental fees and forwarding fees applicable to all service plans offered by USABOX is available on the USABOX website. If the Client has subscribed for Plan “Fast Track”, the Client acknowledges and agrees that Client shall not accumulate in excess of one pound (1 lb.) of mail and/or parcels without taking delivery of same and paying applicable forwarding charges. If Client subscribes to Plan “Fast Track” and accumulates more than one pound (1 lb.) of mail and/or parcels, or if a piece of mail is stored in the Client’s Mailbox for a period longer than 7 days, USABOX may exercise its right to: a) automatically upgrade the Client to the next higher Mailbox rental plan with a monthly fee payable or b) generate an automatic shipment sending all the contents of the Client’s Mailbox to his or her default address.
7. The minimum Mailbox rental period shall be no less than one (1) month. The minimum Mailbox rental period is also applicable where the Client desires to downgrade his or her Mailbox rental plan, such that the Client must have been enrolled in his or her then current Mailbox rental plan for a minimum of three (3) months before it may change to a different, lower paying Mailbox rental plan. Mailbox rental fees and forwarding fees are subject to change without notice. All rents are payable in advance together with a security deposit equal to one month’s rent. There will be no prorations or refunds for cancellation of any service. The initial month of service, however, is subject to proration of charges determined by USABOX if rental commencement occurs at a date other than the 1st day of the month.
8. Rents applicable to renewals of Mailbox rental are due and payable the 1st day of the month and become delinquent if not received by USABOX by the 15th day of the month. The Client acknowledges and agrees that USABOX may hold mail and/or parcels pending payment. Delivery of mail to the Client’s Mailbox past this date will be resumed upon receipt of all amounts due plus a late charge of $30.00. Arrears one month in duration are subject to immediate termination of service, and USABOX reserves the right to apply the one month’s security deposit to cover any past due rent.
9. Mail will not be accepted for more than one (1) person in a single Mailbox. If Client consistently receives more mail than can be placed in a single Mailbox, USABOX reserves the right to require Client to rent a larger Mailbox or one or more additional Mailboxes and pay additional fees. In the event that the Client refuses to accept mail or a package, USABOX may return the mail or package to the sender and the Client will be responsible for any postage or other fees associated with such return. Upon the request of USABOX, the Client must sign for or otherwise indicate his or her acceptance for all mail and parcels.
10. USABOX shall refuse to accept on behalf of the Client “postage due” mail and/or COD items unless special financial arrangements and prepayment are made and agreed to by USABOX in its sole discretion in advance of delivery of such items.
11. USABOX.com will not process any shipments on behalf of the Client until all required documentation is received, including but not limited to a notarized USPS Mail Forwarding Form 1583 if required.
12. The Client recognizes and agrees that mail and parcels shall be deemed delivered upon their placement in the Mailbox assigned to the Client, or upon the posting of a notice of availability to the Client’s USABOX online account, and the Client expressly relieves and excuses USABOX from any further responsibilities with respect to mail and parcels. The Client is responsible to access with regularity his/her online account. Any notification on the side of USABOX shall be deemed as a courtesy, and not an obligation by the part of USABOX. The Client agrees that it shall use the rented Mailbox for the purpose of receiving mail, parcels, and for procuring other services offered by USABOX, and as may be purchased from USABOX from time to time and shall not use or permit the premises to be used for any other purpose.
13. Due to air cargo federal regulations all mail, parcels and cargo are subject to inspection. USABOX will cooperate with all local, state and federal agencies and will release information about the Client to such agencies and all postal inspectors upon request. The Client agrees that it will not use the Mailbox or USABOX’s services for any unlawful, illegitimate or fraudulent purposes or for any purpose prohibited by the United States regulations. The Client further agrees that any use of the Mailbox shall be in conformity with all applicable federal, state and local laws. USABOX also reserves the right to immediately terminate service upon suspicion of fraud or illegal activities. USABOX will be able, but not obligated, to inspect the contents of any mail, parcels and cargo received under the terms of this MSA. USABOX does not assume any obligation to inspect and assess whether mail, parcels and cargo are suitable for shipment under current law and regulations, nor to inspect or decide whether such material is being shipped with appropriate packaging, protective material o by resorting to appropriate transportation means.
14. The mailing address for the mailbox shall be as stated during the new account registration process. The Client agrees to use such mailing address without modification.
15. The term of this Agreement shall be the initial period paid for by the Client and will be renewed automatically on a monthly basis for additional terms. Renewal shall be at USABOX’s sole discretion. Client may close his or her account upon written notice after fulfilling the minimum contract period.
16. The Client agrees that USABOX may terminate or cancel this Agreement for good cause at any time by providing the Client thirty (30) days written, e-mail or other electronic notice, provided, however, that in the event of reasons (b), (c) and/or (e) below, USABOX shall have the right to terminate this Agreement immediately. Good cause shall include but is not limited to: (a) the Client abandons the mailbox; (b) the Client uses the Mailbox for unlawful, illegitimate or fraudulent purposes; (c) the Client fails to pay monies owed to USABOX when due; (d) the Client receives an unreasonable volume of parcels; (e) the Client engages in offensive, abusive, or disruptive behavior toward other customers or USABOX’s employees; (f) the Client violates any provision of this Agreement. The Client acknowledges that for the purpose of determining good cause for termination of this Agreement as provided herein, the actions of any person authorized by the Client to use the Mailbox will be attributed to the Client. In any event, USABOX may terminate or cancel this Agreement for no cause at any time by providing the Client forty-five (45) days written, e-mail or other electronic notice.
17. Upon termination of this Agreement for any reason, USABOX shall hold and forward any mail and/or parcels of the Client for a period of not more than 30 days after Mailbox closure, provided that the Client pays the postage, packing material, and forwarding fees in advance. Thereafter, if the Client requires additional forwarding of mail or parcels, the Client agrees to pay additional fees for such service. All fees associated with such mail forwarding shall be charged at the same mail forwarding rates detailed under Plan “Fast Track”. If necessary arrangements and payment are not made in advance to forward mail or parcels upon the expiration, cancellation or termination of this Agreement, or upon the expiration of any pre-arranged forwarding period, the Client’s mail and parcels may be refused and/or returned to sender. USABOX may discard or destroy any mail or package delivered to or remaining with USABOX more than thirty (30) days after the Mailbox closure or the expiration of an agreed upon forwarding arrangement, as the case may be; or, in the case of mail or parcels which require a signature from USABOX as a condition to delivery, more than sixty (60) days after such dates. The Client understands that the United States Postal Service will not accept a Change of Address upon termination of this Agreement. It is the Client’s responsibility to notify third-party correspondents of any change of address.
18. The Client agrees to protect, defend, indemnify and hold harmless USABOX, from and against any and all claims, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs at all trial and appellate levels, if any, whether or not litigation is instituted) suffered or incurred by USABOX, including, without limitation, any claim for personal injury or property damage, arising from: (a) the Client’s use or possession of the Mailbox; (b) the failure of the U.S. Postal Service or any commercial courier service to deliver, or to deliver on time, any items (mail, parcels, etc.); (c) damage to or loss of any package, mail or damage to the Mailbox contents by any cause whatsoever; and (d) any violation by Client of applicable federal, state or local laws. The indemnified parties under this Section 18 shall include USABOX and its affiliates, subsidiaries, parents, shareholders, successors, assigns, representatives, franchisees, officers, directors, agents and employees.
19. IN NO EVENT SHALL USABOX (including such term, for purposes of this provision, USABOX’s affiliates, subsidiaries, parents, shareholders, successors, assigns, representatives, franchisees, officers, directors, agents and employees) BE LIABLE FOR ANY DAMAGE TO MAIL AND/OR PARCELS OCCURRING DURING SHIPMENT TO THE CLIENT. OR ANY DAMAGE SUFFERED BY THE CLIENT, AND/OR HIS/HER AGENTS, AS A RESULT OF THIS MSA AND/OR THE SERVICES FORESEEN HEREIN, INCLUDING THE BREACH, BY THE PART OF USABOX OF THIS MSA AND/OR ANY OTHER SERVICES PROVIDED UNDER THE SAME. .THE CLIENT ACKNOWLEDGES AND AGREES THAT THE CLIENT IS FULLY RESPONSIBLE FOR ANY AND ALL CUSTOMS AND/OR NATIONALIZATION FEES, TAXES, OR OTHER CHARGES OF WHATEVER NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PARCELS TO THE CLIENT.
20. CLIENT EXPRESSLY AGREES THAT USE OF THE MAIL SERVICE IS AT CLIENT’S SOLE RISK. THE MAIL SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USABOX MAKES NO WARRANTY THAT THE MAIL SERVICE WILL MEET USER’S REQUIREMENTS, THAT THE MAIL SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. CLIENT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM USABOX’S WEBSITE IS DONE AT CLIENT’S OWN DISCRETION AND RISK AND THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING TO CLIENT’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
21. THE CLIENT HEREIN AGREES THAT THE TOTAL AMOUNT OF LIABILITY OF USABOX , IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PROVISION OF THE SERVICES, OF THE USE OF ANY SERVICES BY THE PART OF THE CLIENT SHALL NOT EXCEED $100.00 REGARDLESS OF THE NATURE AND/OR EXTENT OF THE CLAIM. SUCH LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES, AND IT IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN USABOX AND THE CLIENT IN PROVIDING AND MAKING THE SERVICES AVAILABLE. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. FURTHERMORE, USABOX (INCLUDING SUCH TERM, FOR PURPOSES OF THIS PROVISION, USABOX’S AFFILIATES, SUBSIDIARIES, PARENTS, SHAREHOLDERS, SUCCESSORS, ASSIGNS, REPRESENTATIVES, FRANCHISEES, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES) WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES OR ANY INDIRECT, OR CONSEQUENTIAL DAMAGES, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY, DEATH, LOSS OF CONSORTIUM, OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS MSA, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT USABOX HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THEREFORE, YOU WAIVE ANY CLAIM AGAINST USABOX FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
22. Any written notice to the Client required or permitted hereunder shall be deemed delivered twenty-four (24) hours after posting of such notice to the Client’s e-mail address or to Client”s USABOX online account. The Client is responsible to access and regularly check his/her online account, and any notification by the part of USABOX is a courtesy, and not an obligation on the part of USABOX.
23. This Agreement shall be construed and interpreted in accordance with the laws of the State of Florida without regard to the conflicts of laws provisions thereof.
24. If any section or any portion of any section of this Agreement shall be construed to be illegal, invalid or unenforceable, such provision or portion thereof shall be deemed stricken and deleted from this Agreement, but all other sections of this Agreement and the remaining portion of any section which is construed to be illegal, invalid or unenforceable in part shall continue in full force and effect.
25. A failure of either party to enforce at any time any term, provision, or condition of this Agreement, or to exercise any right or option herein, shall in no way operate as a waiver thereof.
26. The Client is responsible for his or 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 Client’s shipment may be transported. 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. The Client agrees and acknowledges that he/she shall purchase any and all merchandise from United States sellers under an ex-works agreement.
27. The Client agrees to furnish the necessary information and complete and attach the necessary documents to comply with any laws, rules and/or regulations, including notifying the United States Principal Party In Interest (“USPPI”), as defined by the United States Foreign Trade Regulations in every transaction generated by the Client. The Client agrees to provide to USABOX all required information for export purposes from the United States Principal Party in Interest, 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.
28. The Client represents and warrants that (a) the recipient of any items shipped is the end user of any and all merchandise and mail that the Client requests be shipped to the recipient’s address, (b) any and all merchandise and mail that the Client requests be shipped will be used in the country to which the Client requests shipment and (c) the Client will not re-export the merchandise and mail to a different destination. USABOX reserves the right to request that the Client or the recipient of an item, as applicable, sign documents confirming the end use or end user of any item shipped.
29. The Client is responsible for confirming that prohibited items not be shipped to USABOX. USABOX reserves the right to return all packages to the sender(s) for any reason.
30. The Client represents and warrants that all his or her 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 Client 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”)
THIS AGREEMENT IS SUBJECT TO CHANGE.
DISPUTE RESOLUTION SECTION
“AGREEMENT TO ARBITRATE AND PROHIBITION OF CLASS ACTIONS”
PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY. IT AFFECTS YOUR RIGHTS, AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS BETWEEN YOU AND USABOX ARE RESOLVED.
You and USABOX agree that any claim or dispute that may arise between You and USABOX relating in any way to the MSA, the Services and Your use of Our website, or any other applicable provision between the parties, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section.
1. “Agreement to Arbitrate”
You and USABOX each agree that any and all disputes or claims that may arise between You and USABOX relating in any way to, or arising out of the MSA, the Services and Your use of Our website, or any other applicable provision between the parties, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND USABOX AGREE THAT EACH OF THOSE PARTIES MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND USABOX AGREE OTHERWISE, THE ARBITRATION TRIBUNAL MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATION TRIBUNAL MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S.) ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OF SERVICES OR CLIENT OS USABOX.
3. Arbitration Procedures
The arbitration tribunal should apply these terms as a court would. All issues are for the arbitrators to decide, including any issues relating to arbitrability, scope or enforceability of this “Agreement to Arbitrate.” However, any issue relating to the interpretation of Section the of this Agreement to Arbitrate captioned “Prohibition of Class and Representative Actions and Non-Individualized Relief”) shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its applicable rules and procedures. The arbitral tribunal shall be composed of three arbitrators except for any case where the AAA’s rules provide that the arbitration shall be conducted by a single arbitrator. The seat of the arbitration shall be Miami, Florida.
A party who intends to seek arbitration must send to the other, by certified mail, a notice of dispute (“Notice of Dispute”) as well as a Demand for Arbitration to the AAA (in addition to the applicable AAA’s forms.) The Notice of Dispute to USABOX shall be sent to USABOX’s main address, as registered before the Department of State of the State of Florida. USABOX will send any Notice of Dispute to You to the mailing address We have on file associated with Your online account. It is Your responsibility to keep Your mailing address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the asserted claim and the relief sought. In case there is a settlement offer made by You or USABOX, at any phase or stage of the arbitration, it shall not be disclosed to the arbitration tribunal.
The arbitration tribunal will decide the substance of all claims in accordance with the laws of the State of Florida, without regard to its conflict of law provisions, and shall not be bound by prior arbitration awards. The arbitration award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If an arbitration tribunal or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
In the event that the Agreement to Arbitrate above is found not to apply, either as a result of a decision by the arbitration tribunal or a court order, You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state or federal courts located in the Miami-Dade County of Florida. Therefore, You and USABOX agree to submit to the personal jurisdiction of the courts located within the Miami-Dade County of Florida for the purpose of litigating all such claims or disputes.
6. Jury Trial and Class Action Waiver
In any event, and to the extent permitted by applicable law, You and USABOX hereby: (a) knowingly, voluntarily, intentionally and irrevocably waive the right to a trial by jury with regards to any litigation based hereon relating in any way to, or arising out of the MSA, the Services and Your use of Our website, or any other applicable provision between the parties, or any other dispute between You and USABOX; and (b) agree that any litigation will proceed on an individual basis, and will not proceed as part of a class action.