Parcel Services Agreement

IMPORTANT: THE FOLLOWING CONTAINS THE TERMS AND CONDITIONS REGARDING THE USE OF ShipitAPO AND ITS SERVICES AND THE RESPECTIVE RIGHTS, OBLIGATIONS, DUTIES, RESPONSIBILITIES AND LIMITATIONS OF YOU, AS THE MEMBER, AND OF ShipitAPO. PLEASE READ CAREFULLY AND INDICATE YOUR ACCEPTANCE IF YOU WISH TO OPEN A MEMBER'S ACCOUNT WITH ShipitAPO AND ENJOY THE BENEFITS OF A ShipitAPO ADDRESS.

  1. Military Mail Solutions, LLC dba ShipitAPO is the sole owner of certain "ShipitAPO Addresses and ShipitAPO Member Accounts" and the underlying intellectual property. The "ShipitAPO Addresses and ShipitAPO Member Accounts" and the related services (the "Services") are offered and made available to "Members" who agree to, and are in compliance with, the terms and conditions set forth herein. The Services are provided to you, as a "Member," under the terms of this Parcel Service Agreement and any amendments thereto and any operating rules or policies that may be published from time to time by ShipitAPO (the "Parcel Service Agreement" or the "Agreement").

  2. ShipitAPO Addresses and ShipitAPO Member Accounts and the related services are offered to Members for the specific and sole purpose of allowing them to receive items acquired from vendors that will not ship the items to the Member's Parcel Destination Address (as defined herein). A Parcel Destination Address ("PDA") includes, but is not limited to, Army Post Office (APO), Fleet Post Office (FPO) and Diplomatic Post Office (DPO) addresses. Such acquired items are referred to herein as “Parcels.” Any other uses are prohibited.
  3. Expression of Agreement

  4. BY COMPLETING THE MEMBER REGISTRATION PROCESS AT THE ShipitAPO WEBSITE AND CHECKING THE BOX INDICATING THAT YOU HAVE READ AND AGREE TO ShipitAPO's TERMS OF USE, OR BY ARRANGING TO HAVE ANY ITEM DELIVERED TO ShipitAPO, YOU ARE AGREEING TO BE BOUND BY THIS PARCEL SERVICE AGREEMENT.
  5. Registration; Terms and Conditions of Member Account

  6. To register with ShipitAPO and create a Member Account, the Member must complete the Member Account Profile, designate a Parcel Destination Address (the "PDA"), pay the required registration fees, and create a password. Upon completion of registration, the Member will receive a "ShipitAPO Address and ShipitAPO Member Account" (the "Member Account").

  7. By setting up a Member Account, the Member thereby subscribes for the Services provided on behalf of the Member by ShipitAPO. An up-to-date list detailing available Services and fees will be maintained on the ShipitAPO website.

  8. The Member agrees to use the ShipitAPO Address in exact format without modification when having Parcels delivered to any ShipitAPO facility, such that Member's exact ShipitAPO Address shall appear on the address label of the Parcel. Member agrees to ensure that the authorized users adhere to exact address format without modification. Member further acknowledges and agrees that any Parcel delivered to any ShipitAPO facility without Member's ShipitAPO address in its exact format may be refused, returned to the sender or deemed Undeliverable. Member may be responsible for any postage, shipping, any insurance fees, ShipitAPO service charge and any other fees associated with such return. If a Parcel is received by ShipitAPO without a Member's ShipitAPO address in its exact format, it is the Member's responsibility to contact ShipitAPO to claim the misaddressed Parcel by providing the incoming tracking number or paying a Parcel Inspection Fee to ShipitAPO to determine Parcel ownership. ShipitAPO may change the format of its addresses at any time and will provide written notice of any changes to its Members.

  9. The Member is responsible for maintaining the confidentiality of the ShipitAPO Member Account and is fully responsible for all activities that occur under the Member's password. The Member agrees to immediately notify ShipitAPO of any unauthorized use of the Member's password, the Member Account or any other breach of security involving their Member account.

  10. Information provided by Member will be kept confidential and will not knowingly be disclosed without Member's prior consent, except for law enforcement purposes, in which case ShipitAPO intends to cooperate fully. Law enforcement includes all city, county, state or federal agencies or their representatives.

  11. A Member may designate up to four (4) additional persons authorized by the Member to receive Parcels under the Member Account. A Parcel may be accepted for delivery for only the Member and such authorized persons, as determined by the Member's Account Profile at the time Parcel is received. If a name other than the name of a Member or Member's authorized user appears on Parcels along with Member's ShipitAPO address, ShipitAPO may refuse to accept delivery of said Parcel, return said Parcel to the sender, or may deem such Parcel as Undeliverable and dispose of it in accordance with the policy on Undeliverable Parcels set forth herein. The Member may be responsible for any postage, shipping, any insurance fees, ShipitAPO service charge and any other fees associated with such return.

  12. Member acknowledges and agrees that any Parcel received at Member's ShipitAPO address and forwarded as indicated in Member's Account Profile on behalf of Member or any of Member's authorized users, as indicated in Member's Account Profile at the time said Parcel was forwarded, was done so on the behalf of the Member. Member acknowledges and agrees that any such Parcel as described above is deemed Member's Parcel and agrees to assume full payment responsibility for any said Parcel so forwarded as described above.

  13. Payments

  14. The Member hereby agrees to pay manner all ShipitAPO service charges applicable to Member's Account and for all applicable postage, shipping and insurance charges. Charges for postage, shipping, any insurance and ShipitAPO service charge are due and payable when Parcel is forwarded for the Member. NO PARCEL WILL BE FORWARDED UNTIL PAYMENT IN FULL HAS BEEN MADE. The Member represents and warrants that all information provided in the Member Account Profile and all account funding (such as credit card) and billing information is accurate, up-to-date, complete and nonfraudulant. The Member authorizes ShipitAPO to maintain such information in Member's Account Profile. The Member agrees that all payments will be made using the account funding information in the Member's Account Profile at the time Parcel is forwarded on behalf of the Member. The Member can update or change the account funding information in their Account Profile, and the Member authorizes ShipitAPO to charge the credit card on file or debit Member's account balance when Parcel is forwarded on behalf of the Member with no further authorization. The Member acknowledges and agrees that ShipitAPO may return any Parcel to the sender if Member's credit card cannot be charged or account debited for payment(s) due for the forwarding of said Parcel on behalf of Member. The Member may be billed for any charges incurred in returning said Parcel.

  15. If a Member's credit card on file cannot be properly charged or Member's account balance contains insufficient funds at the time Parcel is processed for forwarding, Member agrees that an Unavailable Funds service fee will be levied. If, after any grace period granted by ShipitAPO, the credit card on file cannot be charged or the Member's account has insufficient funds, said Parcel will accrue a storage fee. Any accrued storage fees must be paid before ShipitAPO will forward said Parcel on behalf of Member.

  16. Grant of Rights and Authority to ShipitAPO

  17. In addition to any other authorizations set forth herein, by completing the registration process and/or having ANY Parcel delivered to the Member's "ShipitAPO Address," the Member appoints ShipitAPO as agent for receipt of said Parcel, including signing for the Parcel upon receipt. Further, the Member authorizes ShipitAPO, as agent, to forward said Parcel to the Member's PDA as then stated in Member's Account Profile, at the time the Parcel is processed for forwarding, as the Member selects in account preferences. The Member authorizes ShipitAPO to charge Member for ALL applicable mailing, shipping and handling charges incurred when forwarding any Parcel via the USPS, UPS, Federal Express, DHL, or any other shipping carrier. Member may elect to purchase insurance at the rates published on the ShipitAPO website for any Parcel forwarded on behalf of the Member. In addition to the shipping charges or postage and any insurance purchased, the Member will be charged a "service charge" for processing said Parcel forwarded on the Member's behalf.

  18. Member's Assumption of Responsibilities
  19. In addition to the duties and limitations set forth elsewhere in this Agreement, Member assumes full responsibility that the person to whom the forwarded Parcel is addressed at any PDA is eligible to receive said Parcel at the PDA indicated in Member's Account Profile. Member assumes full responsibility to ensure the accuracy, completeness and legitimacy of the PDA and the Parcel Destination Address holder. Member agrees to hold harmless ShipitAPO from any and all damages or costs of any kind resulting from the forwarding of any Parcel to any person not eligible to receive said Parcel at the PDA indicated in Member's Account Profile.

  20. Delivery; Time of Forwarding
  21. The Member acknowledges and agrees that any Parcel shall be deemed forwarded to Member upon tender to the USPS, UPS, Federal Express, DHL, or other carrier. Carriers, including but not limited to UPS/USPS/FedEx/DHL, have various and differing processes and internal procedures that ShipitAPO has no means to enforce. For this reason, the tracking number, Delivery Confirmation number or waybill number associated with subject forwarded Parcel with the respective carrier will serve as proof of tender in all cases. The Member expressly relieves and excuses ShipitAPO from any further responsibilities with respect to forwarded Parcel once tendered as outlined above.

  22. Policy on Undeliverable and Returned Parcels
  23. ShipitAPO is not a warehousing service. ShipitAPO is a Parcel forwarding service. If a received Parcel cannot be forwarded to a Member's PDA, for any reason, or has been forwarded to a Member's PDA and then returned to ShipitAPO, for any reason, then such Parcel shall be classified as "Undeliverable." ShipitAPO may, but is not required to, attempt to notify the Member using the e-mail address on file in the Member's Account Profile. Upon ShipitAPO's delivery of such e-mail notice, the Member is required to promptly:
      (1) provide an acceptable alternate shipping address to which ShipitAPO may forward the Parcel upon payment of all associated fees; or
      (2) make all other arrangements for Parcel collection and removal from ShipitAPO premises. The Member will provide this information to ShipitAPO who will prepare the Parcel for removal as requested. And, the Member will be charged all applicable shipping charges, postage, and insurance, in addition to the applicable ShipitAPO service fee.

  24. If the Member does not provide the required information within five business days, ShipitAPO may, but is not required to, attempt to contact the Member by regular US mail service at any address on file in the Member's ShipitAPO Account Profile.

  25. Member acknowledges and agrees that any Parcel classified as Undeliverable shall accrue a storage fee until such Parcel is either forwarded based on the Member's provision of additional information, returned to sender, or disposed of in accordance with the terms hereof. These storage fees must be paid before ShipitAPO will release said Parcel to Member or forward it on behalf of the Member.

  26. If a Parcel is Undeliverable for any reason, such Parcel becomes the property of ShipitAPO and ShipitAPO may dispose of the Parcel in its sole and absolute discretion and at any location. The Member agrees to pay any costs incurred in returning, storing or disposing of an Undeliverable Parcel and the Member authorizes ShipitAPO to sell, transfer or otherwise dispose of such Parcel for any purpose, including, but not limited to, using the proceeds thereof to cover any outstanding storage or other fees. If the proceeds of any such sale or disposition are insufficient to pay any outstanding fees in full, ShipitAPO reserves the right to pursue further collection efforts against the Member to recover the balance owed to ShipitAPO.

  27. ShipitAPO may, but is not obligated to, offer a grace period before making a final disposition of any Undeliverable Parcel.

  28. Special Rules on Non-Parcel Items

  29. ShipitAPO is not a private mailbox. ShipitAPO is a special purpose Parcel forwarding service. ShipitAPO does not authorize a Member to use the Member Account for any purpose other than as set forth in Section 2 hereof, in accordance with the terms and conditions set forth herein.

  30. If, in violation of this Agreement, non-Parcel items are delivered to a Member Account addressed to a Member, then this Agreement constitutes written instructions by the Member, and such Member expressly authorizes ShipitAPO:

    1. (1) if it is "Unsolicited, Mail," e.g., bulk mail; mail addressed as "occupant," "current resident" or similar designation, or coupons, advertising, or other promotional material, to discard or otherwise destroy it;

      (2) to hold such other non-Parcel items and, from time to time, in such manner and at such times as determined by ShipitAPO and its agents in their sole and absolute discretion, to forward such non-Parcel items to the Member's PDA; or,

      (3) at ShipitAPO's sole discretion, to refuse any non-Parcel item addressed to the Member and delivered to ShipitAPO.

  31. Any expenses incurred by ShipitAPO in handling Non-Parcel items addressed to a Member will be charged to such Member in accordance with the policy on Payments set forth herein. Member expressly agrees to reimburse ShipitAPO for any and all expenses, including postage and handling fees) incurred by ShipitAPO or its agents in handling non-Parcel items address to such Member and expressly authorizes ShipitAPO to charge the Member's ShipitAPO Account for such expenses.

  32. Any non-Parcel item received by ShipitAPO that does not contain a complete ShipitAPO Address in the format specified by ShipitAPO at the time of delivery will be classified as Undeliverable. Member expressly authorizes ShipitAPO and its agents to dispose of any Undeliverable Non-Parcel items in accordance with the policy on Undeliverable Parcels set forth herein.

  33. If a non-Parcel item cannot be forwarded to a Member's PDA, for any reason, or has been forwarded to a Member's PDA and then returned to ShipitAPO, for any reason, then such item shall be classified as Undeliverable. The Member expressly authorizes ShipitAPO and its agents to dispose of any Undeliverable Non-Parcel items in accordance with the policy on Undeliverable Parcels set forth herein.

    Proper Use; Refusal of Parcels;

  34. 26. A Member seeking to avoid receipt of any Non-Parcel item at the PDA of Member or any of Member's authorized users may further instruct and authorize ShipitAPO to not forward such Non-Parcel items and to either refuse receipt of dispose of any such Non-Parcel items by completing the FORM TO DECLINE FORWARDING OF NON-PARCEL ITEMS and submitting it to ShipitAPO.

  35. ShipitAPO may refuse to accept on behalf of the Member any Parcel for any reason, including but not limited to, a Member's violation of the terms and conditions of Member's ShipitAPO Account or the Parcel exceeding USPS mailing restrictions, "postage due" and/or COD items unless special arrangements, including prepayment are made and agreed to by ShipitAPO in its sole discretion IN ADVANCE of delivery of such items.

  36. The Member agrees that use of the Member Account shall be for the purpose of forwarding any Parcel properly addressed and delivered to Member's ShipitAPO address in accordance with the terms and conditions set forth herein and for procuring other services as may be purchased from ShipitAPO and Member shall not use or permit the Member Account to be used for any other purpose.

  37. The Member represents, warrants, and agrees that Member will not use the Member Account or any ShipitAPO services for any unlawful, illegitimate or fraudulent purposes or for any purpose prohibited by United States postal regulations.

  38. The Member agrees that Member will not use the Member Account or any ShipitAPO services for state residency purposes, as a private mail box, a "P.O. or mail box," as a "virtual office or residence," or as a return address or physical address in connection with the distribution of commercial mail or e-mail.

  39. The Member further agrees that any use of the Member Account shall be in conformity with all applicable federal, state and local laws, including applicable Department of Defense and/or Department of State regulations. ShipitAPO also reserves the right to immediately terminate any service for a Member for any reason, including upon suspicion of fraud or illegal activities. ShipitAPO will cooperate fully with law enforcement and will release information about the Member to law enforcement (including postal inspectors) upon request. The Member agrees to hold ShipitAPO harmless for any Parcel or Non-Parcel item seized as part of any investigation being conducted by any law enforcement personnel. The member also acknowledges and agrees to hold ShipitAPO harmless for any Parcel or Non-Parcel item seized by an authorized United States or foreign government entity. The Member agrees that ShipitAPO, as required to determine suitability for Parcel forwarding and/or determining the correct Member, may, but is not obligated to, open and inspect the contents of any Parcel or Non-Parcel item received at any ShipitAPO facility. If ShipitAPO or its agent(s) opens any item on behalf of a Member, for any reason, the Member agrees to pay ShipitAPO an Inspection Fee, if one is levied.

  40. It is the Member's sole responsibility to ensure that no Parcels or Non-Parcel items sent to their ShipitAPO address contain any items that violate U.S. Postal Service restrictions. ShipitAPO may refuse to accept delivery of any item that it believes, in its sole discretion, may contain items that violate U.S. Postal Service restrictions. In no event shall ShipitAPO be liable for any shipping costs, damages or loss of any item of which ShipitAPO has refused to accept delivery. ShipitAPO may not keep a record of any items that are refused and will not be held liable for any notification to Member of said refusal.

  41. Term and Termination

  42. The term of this Agreement, as it may be modified from time to time, shall be the period during which the Member maintains a ShipitAPO account in good standing, or, at ShipitAPO's discretion, as long as the Member or Member's authorized users continue(s) to have any Parcel sent to Member's "ShipitAPO Address," or until such account is cancelled or terminated by ShipitAPO in accordance with this Agreement. Renewals of this Agreement for additional terms shall be at the sole discretion of ShipitAPO.

  43. The Member agrees that ShipitAPO may terminate or cancel this Agreement with the Member at any time for any reason. The actions of any person authorized by the Member to use the Member Account will be attributed to the Member.

  44. Upon termination of this Agreement for any reason, ShipitAPO may:

      (1) refuse to accept or return to the sender any Parcel or Non-Parcel item delivered to the ex-Member's "ShipitAPO Address;" or

      (2) dispose of any Parcel or Non-Parcel item delivered to the ex-Member's "ShipitAPO Address" or remaining at ShipitAPO as an Undeliverable Parcel in accordance with ShipitAPO's policy on Parcels that are Undeliverable.

  45. In addition, the ex-Member shall be responsible for any charges incurred in connection with refusing acceptance, returning, storage or disposition of said Parcel or Non-Parcel item.

  46. Indemnification and Hold Harmless

  47. The Member agrees to protect, defend, indemnify and hold harmless ShipitAPO and its indemnified parties, 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 ShipitAPO, including, without limitation, any claim for personal injury or property damage, arising from: (a) the Member's use of the Member Account (b) the failure of the U.S. Postal Service or any commercial courier service to deliver, or to deliver on time, any Parcel or Non-Parcel item; (c) damage to or loss of any Parcel or Non-Parcel item or the contents thereof by any cause whatsoever; (d) any delays in the shipping, processing and forwarding of any Parcel or Non-Parcel item; and (e) any violation by Member of applicable federal, state or local laws. The indemnified parties under this Section shall include ShipitAPO and its affiliates, subsidiaries, parents, shareholders, successors, assigns, representatives, officers, directors, agents and employees.

  48. Limitation of Liability

  49. IN NO EVENT SHALL ShipitAPO BE LIABLE FOR ANY DAMAGE TO OR LOSS OF ANY PARCEL OR NON-PARCEL ITEM (a) OCCURRING DURING SHIPMENT TO THE MEMBER OR (b) ARISING FROM ANY DELAYS IN THE DELIVERY OF SUCH PARCEL OR NON-PARCEL ITEM OR (c) CAUSED BY A BREACH OF, ATTACK ON, OR HACKING INTO ShitiAPO's WEBSITE AND/OR SOFTWARE SECURITY BY A THIRD PARTY.

  50. IN NO EVENT SHALL ShipitAPO BE LIABLE FOR ANY DAMAGE TO OR LOSS SUFFERED BY A MEMBER FROM THE THEFT, DISCLOSURE, MISAPPROPRIATION OR DESTRUCTION OF A MEMBER'S PERSONAL OR FINANCIAL INFORMATION (INCLUDING CREDIT CARD OR OTHER PAYMENT INFORMATION) CAUSED BY A BREACH OF, ATTACK ON, OR HACKING INTO ShitiAPO's WEBSITE AND/OR SOFTWARE SECURITY BY A THIRD PARTY.

  51. THE MEMBER ACKNOWLEDGES AND AGREES THAT THE MEMBER IS FULLY RESPONSIBLE FOR ANY AND ALL CUSTOMS AND/OR NATIONALIZATION FEES, TAXES, OR OTHER CHARGES OF WHATEVER NATURE RELATING TO THE SHIPMENT OF ANY PARCEL TO THE MEMBER.

  52. THE MEMBER EXPRESSLY AGREES THAT USE OF THE "ShipitAPO ADDRESS AND ShipitAPO MEMBER ACCOUNT" IS AT MEMBER'S SOLE RISK. ANY SERVICES PROVIDED BY ShipitAPO TO ITS MEMBERS IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

  53. THE MEMBER HEREBY AGREES THAT (a) ShipitAPO AND ITS OFFICERS, OWNERS, EMPLOYEES, SUBCONTRACTORS AND AGENTS SHALL NOT, IN ANY WAY OR UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES AND (b) THE TOTAL AMOUNT OF LIABILITY OF ShipitAPO, IF ANY, FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE ShipitAPO SERVICE CHARGE CHARGED TO THE MEMBER BY ShipitAPO REGARDLESS OF THE NATURE OF THE CLAIM.

  54. Disclaimer of Warranties

  55. ShipitAPO MAKES NO WARRANTY THAT THESE SERVICES WILL MEET THE MEMBER'S REQUIREMENTS, OR THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. ShipitAPO MAKES NO WARRANTY THAT THE INTERNET AND/OR ACCESS TO MEMBER'S ShipitAPO ACCOUNT WILL BE AVAILABLE, UNITERRUPTED, TIMELY, SECURE, OR ERROR FREE. THE MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM ShipitAPO's WEBSITE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING TO MEMBER'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.

  56. Amendments

  57. ShipitAPO may from time to time, without notice to Members, amend, modify, and change the terms of the PARCEL SERVICE AGREEMENT, as posted on the ShipitAPO website. By maintaining an account with ShipitAPO, the Member agrees to be bound by any modifications to the Parcel Service Agreement.

  58. Notice

  59. Any written notice to the Member required or permitted hereunder shall be deemed delivered: (a) twenty-four (24) hours after delivery of such notice to the Member's e-mail address as indicated in Member's Account Profile; or (b) three (3) business days after posting of such notice to any mailing address as indicated in Member's Account Profile.

  60. This Agreement shall be governed by, construed and interpreted in accordance with, the laws of the Commonwealth of Massachusetts, without regard to the conflicts of laws provisions thereof. Venue for the adjudication of any claim or dispute of any kind arising out of or related to this Agreement shall be proper only in the state or federal courts resident in the Boston, Massachusetts, and all parties to this Agreement hereby consent to such venue and agree that it shall not be inconvenient and not subject to review by any court other than such courts in Massachusetts.

  61. The Member and ShipitAPO agree that the courts of the jurisdiction in which the Member resides should afford full faith and credit to any order, judgment or decree rendered by a federal or state court resident in Boston, Massachusetts against the Member under this Agreement, and the Member agrees that such courts should hold that the courts in Boston have jurisdiction to enter a valid, in personam judgment against the Member.

  62. The Member agrees that service of any summons and complaint, and other process which may be served in any suit, action or other proceeding, may be made by mailing via U.S. certified or registered mail, by sending by express courier service, signature required, or by hand-delivering a copy of such process to the Member at any address on file for such Member as indicated in the Member's Account Profile.

  63. Waiver of Jury Trial

  64. Each party to this Agreement agrees that any suit, action or proceeding, whether claim, defense or counterclaim, brought or instituted by any party hereto or any successor or assign of any party on or with respect to this Agreement or which in any way relates, directly or indirectly, to any event, transaction or occurrence arising out of or in any way connected with this Agreement or the dealings of the parties with respect thereto, shall be tried only by a court and not by a jury. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH SUIT, ACTION OR PROCEEDING, AND ACKNOWLEDGES THAT THIS IS A WAIVER OF A LEGAL RIGHT AND THAT IT MAKES THIS WAIVER VOLUNTARILY AND KNOWINGLY AFTER CONSULTATION WITH, OR THE OPPORTUNITY TO CONSULT WITH, COUNSEL OF ITS CHOICE.

  65. Miscellaneous

  66. 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.

  67. 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.

  68. USE OF THE ShipitAPO WEB SITE and/or ShipitAPO ADDRESS CONSTITUTES ACCEPTANCE OF THE ShipitAPO PRIVACY POLICY.