TERMS OF USE
Mailbnb Terms of Use

ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE

IMPORTANT- IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE, SERVICES OR THE APP. YOUR USE OF THIS SITE, THE SERVICES OR THE APP SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. MAILBNB MAY MAKE CHANGES TO THE CONTENT OFFERED ON THIS SITE OR THE APP AT ANY TIME. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APP OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APP OR THROUGH THE SERVICES, OR BY PARTICIPATING IN THE REFERRAL PROGRAM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APP. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APP, SERVICES, OR MATERIALS OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Mailbnb, Inc. ( “Mailbnb”) provides an online platform that connects Hosts who have Serviced Office Industry Services (collectively, the “Services”) to list and subscribe with Guests seeking to subscribe such Services.

The Services are accessible at mailbnb.com and any other websites through which Mailbnb makes the Services available (collectively, the “Site”) and as a mobile device application (the “App”). By using the Site or App, you agree to comply with and be legally bound by the terms and conditions of these Terms of Use (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, App and Services and all Materials (defined below), and constitute a binding legal agreement between you and Mailbnb. Please also read carefully our Privacy Policy. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, App or Services. Failure to use the Site and App in accordance with these Terms may subject you to civil and criminal penalties. NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY.

General Usage of the Site, App and Services

The Site, App and Services can be used to facilitate the listing and booking of variety of Serviced Office Industry listings (“Serviced Offices”).

Such Serviced Offices are included in Listings on the Site, App and Services by Host. You may view Listings as an unregistered visitor to the Site, App and Services; however, if you wish to create a listing, you must first register to create a Mailbnb Account (defined below). Mailbnb provides an online platform or marketplace with related technology for Guests and Host to meet online and arrange for bookings of Serviced Offices directly with each other. Mailbnb is not an owner or operator of any Serviced Offices. Mailbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control Serviced Offices, or control any mail forwarding Services. Mailbnb solely: (i) facilitates the availability of the Site, App and Services and (ii) collects fees for each Host for the purpose of accepting payments from Guests on behalf of the Host. Mailbnb is not a party to any possible rental or other agreement between Guests and Host. This is true even if the Site, App and/or Services allow you to book or subscribe the Services. Mailbnb is not a party to any agreement between Guests and Host.

THE SITE, APP AND SERVICES ARE SOLELY TO BE USED TO ENABLE HOST AND GUESTS CONNECTING AND BOOKING SERVICED OFFICES DIRECTLY WITH EACH OTHER. MAILBNB CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY SERVICED OFFICES. MAILBNB IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND SERVICED OFFICES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.

Definitions

  • “Serviced Offices” means a real address or addresses for properties. A Host lists and rent them for their Guests (Virtual Guests) or Customers, who can use them as their own. This includes professional and business addresses in addition to e-Residence and managed residential addresses.
  • “Services” means monthly subscriptions plans offered by Host, including professional and residential addresses, mail forwarding, mail handling, scanning, faxing, notary, and temporary conference room or office space/desks rentals. Receptionist and telecom services may be included.
  • “3rd Party Services” means entities offering any other services on the site for Guests or Hosts to buy.
  • “Listing” means Serviced Office that is listed by a Host as available for booking via the Site, App, and Services.
  • “Host” means a Member who creates a Listing via the Site, App, and Services.
  • “Guest” means a Member who requests from a Host a booking or subscription of a Listing via the Site, App or Services. A Guest, also known as a virtual Guest, is a Host’s customer.
  • “Member” means a person who completes Mailbnb’s account registration process, such as Host and Guests, as described hereunder.
  • “Mailbnb Content” means all Content that Mailbnb makes available through the Site, App, or Services, including any Content licensed from a third party, but excluding Member Content.
  • “Service Start Date” means a monthly subscription service or booking starting date requested by a Guest (as determined by Mailbnb in its sole discretion).
  • “Term” means a period, which Host has decided to be the minimum length for the subscription Services. After the term is over, the service continues on a monthly basis.
  • “Booking” means a request for a monthly recurring subscription service offered by a Host.
  • “Business or Professional address” –means a prestigious office address used as a mailing address.
  • “Mailing address” – means the professional address that is used for accepting, sending and forwarding mail to without the connotations of a PO box.
  • “Materials” means Member Content and Mailbnb Content.
  • “Content” means text, graphics, images, software (excluding the App), audio, video, information or other materials.
  • “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site, App or Services (including Listing descriptions).
  • “Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and Services taxes (GST), rental property or lodging taxes, fees (such as convention center fees) that rental property providers may be required by law to collect and remit to governmental agencies. Similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
  • “Service Fees;” fees that Mailbnb charges Host and Guests.

Serviced Office Listings

As a Host, you may create Listings. To create a Listing, you will be asked a variety of questions about the location to be listed, without limitation. The address and price of the address per a month, service packages offered, opt in or out Services like local mail pick-up, mail forwarding methods, complimentary notary and conference room Services. To be featured in Listings via the Site, App and Services, all Serviced Offices must have valid real physical addresses. The exact physical addresses will be made publicly available via the Site, App and Services, only after the Guest has paid. Other Members will be able to review your Rental Property via the Site, App and Services based upon the information provided in your Listing. The publicly listed addresses do not have Suite or Floor numbers visible. Please note that Mailbnb assumes no responsibility for a Host’s compliance with any agreements with duties to third parties, applicable laws, rules and regulations. Mailbnb reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mailbnb, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

Verification but no Endorsement

Mailbnb does not endorse any Member or any Rental Property, although Mailbnb may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Host. For example, we may, but are not required to, contact Host and Guests via telephone and email and we may ask the Host for proof of signed 1583A Form. We suggest that every Host would upload their registered and approved 1583A Form at the listing section on mailbnb.com. This is a security measure that allows us to ensure that the Listing exists. Once the form is uploaded the host receives a registered icon status on the profile. The hosts are more likely to get more customers once they have a registered and verified status.

Our payment processor Stripe however requires the Hosts to provide the following information for the payouts:

  • A supported bank account for that country: physically located, not virtual
  • A tax ID in that country if it is a registered business
  • A physical location in that country (at which you are able to receive mail, PO BOX are not accepted.)
  • A government-issued ID, such as a passport or driver’s license, from any country

While IRS needs the companies’ or individuals SSN or EIN for taxation purposes, Stripe requires other information such as a government issued ID’s from Mailbnb Hosts in order to verify the identity of our users. This serves as a protecting mechanism, protecting all of us from fraudulent activity.

Stripe will ask for identification information, to upload a valid ID so they can verify the identity of Host and continue supporting their payments processing. Stripe wants to protect the platform and the end customers by giving the managed account holders 21 days to upload or provide their ID information, if not verified the all payments will be refunded and the listing will be unlisted.

Bookings and Financial Terms

Payment processing Services for Mailbnb, Inc. at mailbnb.com are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this, continuing to operate as a Mailbnb, Inc. at mailbnb.com, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of mailbnb.com enabling payment process Services through Stripe, you agree to provide mailbnb.com accurate and complete information about you and your business, and you authorize mailbnb.com to share it and transaction information related to your use of the payment processing Services provided by Stripe.

The Host, not Mailbnb, is solely responsible for honoring any confirmed bookings and making available any Serviced Offices reserved through the Site, App and Services.

If you, as a Guest, choose to enter into a transaction with a Host for the booking of a Rental Property, you agree and understand that you may be required to enter into an agreement with the Host, and you agree to accept any terms, conditions, rules and restrictions associated with the agreements. You acknowledge and agree that you, and not Mailbnb, will be responsible for performing the obligations of any such agreements, that Mailbnb is not a party to such agreements, and that, except its payment obligations hereunder, Mailbnb disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Mailbnb is not a party to the agreement between you and the Host, Mailbnb solely collects fees for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of the monthly subscription fee to Mailbnb, Mailbnb is responsible for remitting the monthly subscription fee (less the Host Fees and any Taxes in respect of the Host Fees, such as VAT in Europe), in the manner described in these Terms. If Mailbnb does not remit any such amounts as described in these Terms, such Host will have recourse only against Mailbnb.

Once as a Guest you agree to pay the Monthly Recurring Subscription, Mailbnb will collect the Monthly Recurring Subscription Fee by the pricing terms outlined in the applicable Listing. Please note that Mailbnb cannot control any fees that may be charged to a Guest by his or her bank related to Mailbnb’s collection of the Total Fees, and Mailbnb disclaims all liability in this regard.

In connection with your subscription, you may be asked to provide customary billing information such as name, billing address and credit card information either to Mailbnb or its third-party payment processor(s). Your account balance and other applicable charges are due monthly and must be made by the valid credit card(s) designated by you. You must promptly notify of changes to (a) the account number or expiration date of Your selected credit card(s); (b) Your billing address; or (c) cancellation, theft or loss of Your designated card(s). Any payment received after the due date will be assessed a $50 late payment fee. All billing of applicable subscription charges is starting at the time of sign up. If payment for Your account is not received from the card issuer or its agents, You agree to pay all amounts due, including late payment fees and collection costs, upon demand.

Mailbnb reserves the right to suspend or terminate your subscription without notice upon rejection of any card charges or if Your card issuer (or its agent or affiliate) seeks the return of payments previously made to Mailbnb when Mailbnb believes You are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Mailbnb. Your monthly recurring service charges are payable in advance and are non-refundable. Your subscription package may include complimentary online notary Services to assist with customer’s CMRA rules and regulations process. Mailbnb takes no responsibility for contacting you before charging your designated credit card for your recurring service fee. If you have any question regarding any charges that have been applied to your account, you must contact the Mailbnb’s Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Mailbnb by this Agreement.

d. Mail forwarding package with a business address, possible conference room charges and Mailbnb fees create the recurring monthly subscription charge. Automatic ongoing monthly subscription charges will be billed to customer credit card(s) if proper termination notice has not been received and acknowledged at least 30 days before the expiration of service billing cycle date.

6. SERVICES/MAIL. The United States Postal Service (USPS) requires the following compliance from the Guest under the provisions of Rule 66, Federal Register 56993, November 14, 2001, which govern Commercial Mail Receiving Agencies (CMRA) or Host. You agree to make the address format for Your business the following: Company Name, Guest Name PMB#____ (PMB# will be assigned after setting up forms that have been submitted) Host Street, Suite 123, City State Zip. You agree to furnish to your Host a completed and fully NOTARIZED CMRA Form 1583.

Some Domestic and International Hosts may require additional forms or details as part of overall compliance.

Acceptable identification in the USA includes: valid driver’s license or state non-driver’s identification card; armed forces, government, university, or recognized corporate identification card; passport, alien registration card or certificate of naturalization; current lease, mortgage or Deed of Trust; voter or vehicle registration card; or a home or vehicle insurance policy. A photocopy of your identification may be retained by the agent for verification. Social Security Cards, Birth Certificates, Credit Cards are not acceptable.

User agrees to abide by all CMRA rules and regulations. At termination of this Agreement, You agree to that all mail after that will be marked “Return to Sender,” and no further mail or deliveries will be accepted.

Guest may use the business address of Host as specified above in this Agreement as his business address. Mail will be handled according to instructions specified by the Guest; either mail-forwarding package chosen or local mail pick-up, if so offered by the Host. If Guest elects to have mail forwarded via Federal Express, United Parcel Service, DHL or USPS Priority or any other overnight and express shipping methods, Guest is obligated to provide his shipping account to Host to charge said Services to. Any violation of USPS regulations may result in termination of Services by Host. If Host has been instructed to forward the mail, neither Mailbnb or Host shall be responsible for any delay or loss of mail during the forwarding process. The Host will not accept any items exceeding 10 lbs (4.5kg) in weight, 18” (45cm) in any dimension, or if the item contains any dangerous, live or perishable goods. Host shall be entitled in its absolute discretion to return uncollected items or refuse to accept any quantity of items it considers unreasonable or unlawful. The Guest warrants that it will not use any of the Services for any obscene, illegal, immoral or defamatory purposes and will not in any way involve Host into disrepute. The Guest will not in any way use or combine the Host’s name, in whole or in part, for the purpose of trading activities. The account in these Terms means one of the methods described on the Site or App, or credit card. You at this moment authorize the collection of such amounts by charging the payment method provided as part of requesting the booking, either directly by Mailbnb or indirectly, via a third-party online payment processor or by one of the payment methods described on the Site or App. Please review such terms and conditions and privacy policy before using such third party Services. Once your confirmed subscription is complete, you will receive a confirmation email summarizing your purchased subscription.

Service fees or costs for using the services

In consideration for the utilization of the Services, Apps, Site, Mailbnb charges the Service Fees which is also called Service Costs. Where applicable, Taxes (such as VAT in Europe) may also be charged in respect of the Host costs (fees) and Guest costs (fees). Mailbnb deducts the Host costs from the Rental Property charge before remitting the balance to the Host as described in these Terms. Guest Fees or Guest Costs are, as noted above, included in the Total Charges.

Cancellations and Refunds

Upon termination of the Agreement for whatever reason, it is the Guest’s responsibility to notify all parties of Guest’s change of address and/or communications Services. Subsequent mail sent to the Host will be returned to sender if applicable and all mail Services will terminate at that point. If, as a Guest, you wish to cancel a confirmed subscription prior of your Service Term is over, the cancellation policy of the Host contained in the applicable Listing, if any, will apply to such cancellation. The Guest Fee is non-refundable regardless of the cancellation policy selected by the Host.

Host Cancellations

If a Host cancels a confirmed and on-going subscription service before the term is over Mailbnb will refund the fees of the current month’s subscription service to the applicable Guest within a commercially reasonable time of the notice of cancellation.

Taxes

Tax regulations may require us to collect appropriate tax information from our Host, or to withhold Taxes from payouts to Host, or both. For instance, IRS regulations stipulate that Maibnb must collect an IRS Form W-9 from our US Host, and an appropriate IRS Form W-8 (e.g. Form W-8BEN) from non-US Host with at least one Listing in the US. You as a Host are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Host fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold payments to you (e.g. where you are a US Host T and you fail to provide us with a completed IRS Form W-9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both. You as a Host understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant Tax Authority (as defined below) any Taxes included or received by you. Mailbnb cannot and does not offer Tax-related advice to any Members. Where applicable, or based upon request from a Host, Mailbnb may issue a valid VAT invoice to such Host.

In any Disputes between Members

If you have a dispute with another Member, you must resolve the dispute directly with the Member. Mailbnb may, but is not required to, assist in resolving any disputes between Members.

User Conduct

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site, App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site or App. Mailbnb reserves the right to bar any such activity.

You may not probe, scan or test the vulnerability of the Site, App or any network connected to the Site or App, nor breach the security or authentication measures on the Site, App or any network connected to the Site or App. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or App, or any other customer of Mailbnb, or exploit the Site or App or any service or information made available or offered by or through the Site or App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site or App.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Mailbnb on or through the Site or App. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, App, Services and Materials. In connection with your use of the Site, App, Services and Materials, you may not and you agree that you will not: offer, as a Host, any Rental Property that you do not yourself own or have permission to rent as a residential, business or other property; impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Site, App, Services or Materials; use the Site, App, Services or Materials to find a Host or Guest and then complete a booking of a Rental Property independent of the Site, App or Services, in order to circumvent the obligation to pay any Service Fees related to Mailbnb’s provision of the Services or for any other reasons; as a Host, submit any Listing with false or misleading price information, or submit any Listing with a price that you do not intend to honor; violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, and Tax regulations; use the Site, App, Services or Materials for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access any information contained on the Site, App, Services or Materials for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Site, App or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; use our Site, App or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; use our Site, App, Services or Materials in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence; “stalk” or harass any other user of our Site, App, Services or Materials, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Mailbnb Guest or Host; post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; systematically retrieve data or other content from our Site, App or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Site, App, Services or Materials, or any individual element within the Site, App, Services or Materials, Mailbnb’s name, any Mailbnb trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, App or Services, without Mailbnb’s express written consent; access, tamper with, or use non-public areas of the Site, App or Services, Mailbnb’s computer systems, or the technical delivery systems of Mailbnb’s providers; attempt to probe, scan, or test the vulnerability of any Mailbnb system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Mailbnb or any of Mailbnb’s providers or any other third party (including another user) to protect the Site, Services, App or Materials; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, App or Materials to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, App or Materials; or advocate, encourage, or assist any third party in doing any of the foregoing.

Mailbnb has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Mailbnb may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Mailbnb or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Mailbnb , its users, or members of the public . You acknowledge that Mailbnb has no obligation to monitor your access to or use of the Site, App, Services or Materials or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, App and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Mailbnb reserves the right, at any time and without prior notice, to remove or disable access to any Materials that Mailbnb, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, App or Services.

Privacy

Your use of this Site, the Services and the App is governed by the Mailbnb Privacy Policy, which is available at https://www.mailbnb.com/privacy-policy (the “Privacy Policy”).

Ownership

The Site, App, Services, and Materials are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, App, Services and Materials, including all associated intellectual property rights, are the exclusive property of Mailbnb and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, App, Services, or Materials. All trademarks, service marks, logos, trade names and any other proprietary designations of Mailbnb used herein are trademarks or registered trademarks of Mailbnb. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

App Terms and License

Subject to your compliance with these Terms, Mailbnb grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device or computer that you own or control and run such copy of the App solely for your own personal use. Furthermore, with respect to the App you will only use the App (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Use. Mailbnb reserves all rights in the App not expressly granted to you by these Terms. With regard to your use of the App, you acknowledge and agree that (i) these Terms are concluded between you and Mailbnb only, and not Apple, and (ii) Mailbnb, not Apple, is solely responsible for the App and content thereof. Your use of the App must comply with the App Store Terms of Uses. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. As between Mailbnb and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mailbnb. You and Mailbnb acknowledge that, as between Mailbnb and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Mailbnb acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, as between Mailbnb and Apple, Mailbnb, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Mailbnb acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

Mailbnb Content and Member Content License

Subject to your compliance with the terms and conditions of these Terms, Mailbnb grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Mailbnb Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, App, Services, or Materials, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mailbnb or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, App and Services, you hereby grant to Mailbnb a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, App and Services. Mailbnb does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, App and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, App and Services or you have all rights, licenses, consents and releases that are necessary to grant to Mailbnb the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Mailbnb’s use of the Member Content (or any portion thereof) on, through or by means of the Site, App and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

This Site, App and Services may be linked to other sites that are not Mailbnb sites. Mailbnb is providing these links to you only as a convenience, and Mailbnb is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites. You will need to make your own independent judgment regarding your interaction with these sites.

Feedback

Any feedback, suggestions or the like that you provide at this Site or through the App (“Feedback”) shall be deemed to be non-confidential. Mailbnb shall be free to use such Feedback on an unrestricted basis. You hereby irrevocably and perpetually grant to Mailbnb a royalty-free, fully-paid up license to use, reproduce, prepare derivative works of, modify, publicly perform, publicly display, make, have made, sell and offer to sell Feedback alone or as incorporated in any Mailbnb products or Services.

Copyright and Trademark Infringements

Only the intellectual property rights owner or the owner’s authorized agent is permitted to report potentially infringing materials through Mailbnb’s reporting system set forth below. If you are not the intellectual property rights owner or the owner’s authorized agent, you should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms. Notification: Mailbnb respects the intellectual property rights of others, and we require you to do the same when interfacing with the Site and/or App. Member Content and unauthorized use of any Materials or Third Party Content contained on the Site and/or App may violate applicable laws and regulations. You agree to indemnify and hold Mailbnb and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) that Mailbnb or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or App or the use of the Site and/or App by any person using your user name and/or password (including without limitation, your Member Content) violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.

Mailbnb may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site and/or App for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site and/or App, please provide Mailbnb’s designated agent the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online Site and/or App are covered by a single notification, a full list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site and/or App, and information reasonably sufficient to permit Mailbnb to locate the material. Information sufficient to permit Mailbnb to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Mailbnb’s agent for notice of claims of copyright or trademark infringement on the Site and/or App can be reached as follows: By e-mail: info@mailbnb.com Please also note that for copyright infringements under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Suspension, Termination and Mailbnb Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your Mailbnb Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Mailbnb Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, App, Services, your Mailbnb Account, your Member Content, or receive assistance from Mailbnb Customer Service, (b) any accepted future bookings as either Host or Guest will be immediately terminated, (c) we may communicate to your Guests or Host that a potential or confirmed booking has been cancelled, (d) we may refund your Guests in full for any and all confirmed reservations, irrespective of preexisting cancellation policies, (e) we may contact your Guests to inform them about potential alternate Serviced Offices with other Host that may be available on the Site, App and Services, and (f) you will not be entitled to any compensation for reservations or bookings (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your Mailbnb Account.

You may cancel your Mailbnb Account at any time by sending an email to info@mailbnb.com. Please note that if your Mailbnb Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site, App and Services, including, without limitation, any reviews or Feedback.

Disclaimers

YOU UNDERSTAND AND AGREE THAT MAILBNB IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOST AND GUESTS, NOR IS MAILBNB A REAL ESTATE BROKER, AGENT OR INSURER OR BANK ESTABLISHMENT. MAILBNB HAS NO CONTROL OVER THE CONDUCT OF HOST, GUESTS AND OTHER USERS OF THE SITE, APP AND SERVICES OR ANY SERVICED OFFICES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU USE THE SITE, APP, SERVICES OR MATERIALS AND PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT MAILBNB IS NOT OBLIGATED TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOST, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APP, SERVICES, MATERIALS AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MAILBNB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MAILBNB MAKES NO WARRANTY THAT THE SITE, APP, SERVICES, MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY SERVICED OFFICES, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. MAILBNB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, SERVICED OFFICES, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY MATERIALS OBTAINED THROUGH THE SITE, APP, SERVICES OR REFERRAL PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAILBNB OR THROUGH THE SITE, APP, SERVICES OR MATERIALS, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOST OR GUESTS. YOU UNDERSTAND THAT MAILBNB DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APP OR SERVICES OR TO REVIEW OR VISIT ANY SERVICED OFFICES. MAILBNB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APP OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APP OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APP OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOST, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY MAILBNB. MAILBNB EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY. By using the Site, App or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Mailbnb with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Mailbnb regarding the remittance of payments received from a Guest by Mailbnb on behalf of a HOST, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APP, SERVICES AND MATERIALS, YOUR LISTING OR BOOKING OF ANY SERVICED OFFICES VIA THE SITE, APP AND ANY CONTACT YOU HAVE WITH OTHER USERS OF MAILBNB WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER MAILBNB NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APP, SERVICES, MATERIALS WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES OR MATERIALS, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APP, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APP, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAILBNB 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. IN NO EVENT WILL MAILBNB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APP AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY RENTAL PROPERTY VIA THE SITE, APP AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APP, SERVICES, OR MATERIALS OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY RENTAL PROPERTY OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APP AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY MAILBNB TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MAILBNB AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold Mailbnb and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, App, Services, or Materials or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with or disputes with any Member, (ii) booking of a Rental Property, or (iii) creation of a Listing; (d) the use, condition or rental of a Rental Property by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Rental Property.

Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the App except as authorized by United States law, the laws of the jurisdiction in which you obtained the App, and any other applicable laws. In particular, but without limitation, the App may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, App and Services, you represent and warrant that (i) neither you nor your listed Rental Property is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, App and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Mailbnb does not permit Listings associated with certain countries due to U.S. embargo restrictions.

Dispute Resolution and Binding Arbitration Provision

Definitions.

As used in this Arbitration Provision, the terms “Mailbnb,” “we,” “us,” and “our” refer to Mailbnb, Inc., including its subsidiaries and agents; the terms “you” and “your” refer to you as an individual and any legal entity you control, work for, or represent when you access or use the Products. The word “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Site, App and/or Services. This includes but is not limited to disagreements about the validity, enforceability, or scope of this Arbitration Provision. Law.

Law.

These Terms are governed by the laws of the State of Wyoming (without regard to its conflicts of law provisions) including U.S. federal law.

Informal Efforts to Resolve Dispute.

If a dispute arises between you and Mailbnb, you should first attempt to resolve it by contacting john@melekh.net, by sending the details of your complaint, including your contact information for a response. We will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.

Agreement to Arbitrate; Right to Opt Out.

If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is very limited. However, an arbitrator can award to you on an individual basis the same damages and forms of relief as a court could (including injunctive and declaratory relief as well as statutory damages), and must follow the law and terms of this Agreement as a court would. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions and private attorney general actions are not permitted. if YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY MAILBNB IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING OR FAXING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, the email address you used to register with MAILBNB, AND A clear STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH us THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH us OR THE DELIVERY OF SITE, APP AND/OR SERVICES TO YOU by us. IF YOU HAVE PREVIOUSLY NOTIFIED us OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.

Arbitration Fees.

The allocation and payment of all filing, administration and arbitrator fees will be governed by the JAMS’s rules which limit the amount a consumer is required to pay. If the arbitrator determines that your Claims are not frivolous applying the standards of the Federal Rules of Civil Procedure, we agree to reimburse you the amount of all filing, administration and arbitrator fees you are required to pay for the arbitration.

Arbitration Rules.

The arbitration will be conducted by the JAMS (“JAMS”) under its rules if you are a resident of the United States; if your use of the Site, App and/or Services has been principally for personal or household use, the JAMS’ procedures for consumer-related disputes including the minimum fairness standards will also apply. If you are a resident of a country other than the United States, the arbitration will be conducted by the JAMS in Wyoming, under its rules for international arbitration, and you and we agree to submit to the personal jurisdiction of the U.S. federal court in Wyoming in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control. The arbitration will be conducted in the English language by a single arbitrator who is an attorney-at-law with at least fifteen years’ experience in consumer and technology transactions and who is also a member of the JAMS roster of arbitrators. If you and we can’t agree on a mutually acceptable arbitrator within fifteen (15) days after the arbitration is initiated, then the JAMS will pick a neutral arbitrator who meets the qualifications. The JAMS rules are available at http://www.jamsadr.com.

Initiating Arbitration.

To begin an arbitration proceeding, you must follow the procedures specified by the applicable JAMS rules as described on their website at http://www.jamsadr.com.

Time Restriction.

YOU MUST FILE A COMPLAINT WITH JAMS OR A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.

Arbitration Process.

Because appearing in person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the JAMS that is the most convenient for you.

Recovery and Attorneys’ Fees.

If the arbitrator rules in your favor on the merits of any Claim you bring against us and issues you an award that is greater in monetary value than our last written settlement offer made to you before written submissions are made to the arbitrator, then we will (i) pay you 150% of your arbitration damages award, up to $1,000 over and above your damages award; and (ii) pay your attorneys, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably incurred for investigating, preparing, and pursuing your Claim in arbitration. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of such fees, expenses, and the alternative payment and the attorney premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits. The right to attorneys’ fees and expenses discussed above supplements any right to attorneys’ fees and expenses you may have under applicable law, although you may not recover duplicative awards of attorneys’ fees or costs. If your use of the Site, App and/or Services was principally for personal or household use, neither party will be entitled to any award of punitive or special damages and Mailbnb waives any right it may have to seek an award of attorneys’ fees and expenses from you in connection with any arbitration of Claims between us.

Confidentiality.

You and we shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision and, with the exception of disclosure to your or our attorneys, accountants, auditors, and other legal or financial advisors, neither party shall disclose such information or decision to any other person unless required to do so by law.

Continuing Obligation to Arbitrate; Severability.

This Arbitration Provision shall survive termination of your access to or use of any Site, App and/or Services and related agreements. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

Mailbnb Customer Service Center Address:

Mailbnb, Inc.
Attn: Wyoming RA
1623 Central Ave, Suite 201, Cheyenne, WY 8200, USA

General

The failure of Mailbnb to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mailbnb. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. These Terms constitute the entire and exclusive understanding and agreement between Mailbnb and you regarding the Site, App, Services, Materials, Referral Program, and any bookings or Listings of Serviced Offices made via the Site, App and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mailbnb and you regarding bookings or listings of Serviced Offices, the Site, App, Services, Materials and Referral Program. You may not assign or transfer these Terms, by operation of law or otherwise, without Mailbnb’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mailbnb may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications permitted or required hereunder, including those regarding changes to these Terms, will be in writing and given by Mailbnb (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the App. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Contacting Mailbnb

If you have any questions about these Terms (Dated Nov 11, 2016), the Site, Services or the App, please contact info@mailbnb.com.