Terms of service

Terms & Conditions
Date of Last Revision: June 19, 2022

1. AC Enterprise Delivery Services LLC d/b/a acentdelivery.com operates a postal address rental and mail forwarding operation and is the owner of certain postal addresses (each hereafter referred to as “Postal address”).

This Privacy Policy describes how acentdelivery.com treats personal information that acentdelivery.com collects and receives from you on acentdelivery.com (the “Website”).

Personal information includes information about you, such as your name, address, email address, telephone number, and financial information that is not otherwise publicly available.

This Privacy Policy does not apply to the practices of companies that acentdelivery.com does not own or control, or to people who acentdelivery.com does not employ or manage.

2. Customer agrees to be bound by the terms of this agreement at all times. By opening an account with AC Enterprise Delivery Services LLC and continued use of the services customer agrees to abide by the terms of this agreement.

3. AC Enterprise Delivery Services LLC may modify or amend this AGREEMENT at any time.

Is such an amendment occurs then Customer may be notified of all amendments or modifications by one of the following methods:

An online notice that alerts the customer to the existence of amendments or modifications or
An e-mail notice sent to the registered e-mail address of Customer.

By continuing the use of the postal address and/or the Service, Customer agrees to be bound by the modifications or amendments to this Agreement.; Customer agrees to be bound by the modifications or amendments to this AGREEMENT.

Notwithstanding the above, all modifications or amendments by AC Enterprise Delivery Services LLC will become effective as soon as published in AC Enterprise Delivery Services LLC’s website (acentdelivery.com).

4. Customer may be required at AC Enterprise Delivery Services LLC’s sole discretion to complete USPS Form 1583 in order for AC Enterprise Delivery Services LLC to provide a Postal address or Service.

AC Enterprise Delivery Services LLC may decide not to accept, ship, scan, or handle mail for the Customer unless the Customer has properly completed the USPS Form 1583, the original of which will be provided to the United States Postal Service (“USPS”), the Customer is expressly appointing AC Enterprise Delivery Services LLC as its agent for receipt of any mail, packages, or parcels addressed to the Customer and delivered to AC Enterprise Delivery Services LLC’s address, or to any location which AC Enterprise Delivery Services LLC may from time to time designate.

AC Enterprise Delivery Services LLC will retain a copy of the Customer’s USPS Form 1583 which will be made available at all times for examination by USPS representatives and postal inspectors.

AC Enterprise Delivery Services LLC reserves the right to, at is sole discretion, return to sender, destroy, or otherwise discard any mail or packages received for a Customer that has failed to agree to the terms of this Agreement or has failed to execute and deliver to AC Enterprise Delivery Services LLC a properly completed USPS Form 1583 along with a copy of two acceptable forms of identification and a copy of the font and back of

Customer’s credit card on file or has failed to validate his/her identity to AC Enterprise Delivery Services LLC’s satisfaction.

5. Customer will enter a confidential password and receive a Postal address account number when registering for a new account with AC Enterprise Delivery Services LLC

Customer shall maintain the security and confidentiality of the password. Customer is responsible for all directions, orders, notifications, expenses incurred or other actions that may occur through use of the Customer’s account. Customer must immediately alert AC Enterprise Delivery Services LLC of any fraudulent, unauthorized, illegal or suspicious use of the Service or any other breach of security or unauthorized or illegal activity that is reasonably suspected by Customer.

6. AC Enterprise Delivery Services LLC provides Service under this AGREEMENT pursuant to one or more Service Plans.

Customer hereby subscribes for Service under the Service Plan chosen by Customer when registering for an account. Customer acknowledges that it has been provided with a schedule detailing the monthly subscription fees and all other fees applicable to all Service Plans offered by AC Enterprise Delivery Services LLC and available to Customer. Customer agrees to pay all setup fees, monthly fees, shipping fees and other charges incurred for the Service Plan chosen by Customer and/or for all Service provided AC Enterprise Delivery Services LLC. AC Enterprise Delivery Services LLC reserves the right to change or amend its rates at any time without prior notice. If the Customer has chosen Plan Bronze (or any plan for which AC Enterprise Delivery Services LLC does not charge a monthly fee), the Customer acknowledges and agrees that Customer may not hold more than five (5) pounds of mail and/or parcels in its account or Postal address. If such Customer holds more than five (5) pounds of mail and/or parcels, or if an item (mail or parcel) is stored in the Customer’s Postal address for more than the Plan’s maximum free storage period, AC Enterprise Delivery Services LLC may: a) perform an automatic upgrade of the Customer’s Plan to a Service Plan under which AC Enterprise Delivery Services LLC charges a monthly fee. In this case, the Customer will be responsible for the monthly fees and charges payable under that plan or b) Automatically ship all the contents of the Customer Postal address to its address on record. In this case the Customer will be responsible for the shipping charges. Under all Service plans, the Customer may not store mail, packages or parcels longer than the Plan’s specified free storage period in their Postal address. Customer agrees to pay a per month storage fee (as specified in the Plan) for each pound of mail, packages and parcels stored in the Postal address for longer than the Plan’s specified free storage period with a minimum monthly storage fee of $1.00. For example, under Plan Silver, stored mail, packages and parcels weighing up to one (1) pound will be charged a monthly storage fee of $1.00 and stored mail, packages and parcels weighing more than one (1) pound up to and including two (2) pounds will be charged a monthly storage fee of $2.00 and so on. The full monthly storage fee is incurred on the forty-sixth (46th) day after receipt of the mail, packages or parcels by AC Enterprise Delivery Services LLC and additional monthly storage charges are incurred on the same day of the next calendar month up until such time the stored mail, packages and parcels are removed from Customer’s Postal address. Storage fees will be calculated based on the larger of actual or dimensional weight.

7. The initial term of this AGREEMENT shall be the minimum Service period or the initial period paid for by the Customer whichever is longer.

All Service Plans automatically renew every month unless cancelled by written notice to AC Enterprise Delivery Services LLC received at least 30 days prior to the first day of a calendar month. Notwithstanding the foregoing, renewal of this AGREEMENT for additional terms shall be at AC Enterprise Delivery Services LLC’s sole discretion. All Rents are due and payable the first day of each calendar month and become delinquent if not received by AC Enterprise Delivery Services LLC by the 10th day of the month. Customer agrees that AC Enterprise Delivery Services LLC may immediately charge Customer’s Credit Card on record with AC Enterprise Delivery Services LLC for all charges or monies owed by Customer to AC Enterprise Delivery Services LLC The Customer acknowledges and agrees that AC Enterprise Delivery Services LLC may hold mail, packages and parcels from pickup or forwarding pending payment of past due fees. On delinquent accounts, delivery of mail, packages and parcels to the Customer’s designated address will be suspended and resumed only upon receipt of all amounts due and owing plus a late charge of $25.00. If Customer fails to pay all fees and other charges due within thirty (30) days after delinquency, AC Enterprise Delivery Services LLC has the right at its sole option to immediately terminate Service and/or this AGREEMENT. AC Enterprise Delivery Services LLC reserves the right to use Customer’s security deposit to pay any past due fees and other charges due.

8. A new Customer’s minimum Service period shall be no less than ninety (90) days.

This minimum Service period must be satisfied before a Customer may request a change to a Plan with a lower monthly fee, unless otherwise approved by AC Enterprise Delivery Services LLC.All fees charged pursuant to this AGREEMENT are subject to change by AC Enterprise Delivery Services LLC without prior notice to Customer. All fees are payable in advance. AC Enterprise Delivery Services LLC may require a security deposit equal to one month’s fee. AC Enterprise Delivery Services LLC will not prorate fee or provide refunds for cancellation of any service prior to the expiration of a Service period or the minimum Service period. The initial month of service, however, may be subject to prorating of charges determined by AC Enterprise Delivery Services LLC if rental commencement occurs on a date other than the first day of the month. In addition to rent and other fees due hereunder, Customer agrees to pay for all shipping charges as set forth in the chosen Service plan and all other charges set forth in this AGREEMENT. Shipping charges are based on weight and are calculated in increments of one (1) pound. For example, shipments weighing up to one (1) pound will be charged for shipping based on one (1) pound and shipments weighing more than one (1) up to and including two (2) pounds will be charged for shipping based on 2 pounds and so on. Dimensional weight charges may apply on bulky, lightweight packages. Dimensional weight is used when the result of multiplying the measurement in inches of package height times package width times package length divided by 166 is more than the actual weight in pounds. Customer agrees that AC Enterprise Delivery Services LLC will add a fuel surcharge to all shipping rates. The fuel surcharge will be the greater of 7.5% of the shipping cost or the actual percentage charged by the major international couriers. Customer agrees that AC Enterprise Delivery Services LLC may refuse to ship the Customer’s items on the Customer’s (or any third party’s) courier account. Additionally, AC Enterprise Delivery Services LLC may refuse pickups by couriers or shipping company’s when the shipment has not been arranged through AC Enterprise Delivery Services LLC

9. Upon cancellation by the Customer of this AGREEMENT or the Service, AC Enterprise Delivery Services LLC will provide Service only through the remaining term paid for by the Customer.

The Customer agrees and acknowledges that AC Enterprise Delivery Services LLC shall have no liability for any mail, packages or parcels mailed or delivered to AC Enterprise Delivery Services LLC or other obligations with respect to such mail, packages or parcels after cancellation of this AGREEMENT by the Customer except as expressly provided herein

10. AC Enterprise Delivery Services LLC shall hold and forward any mail, packages or parcels of the Customer for a period of no longer than 30 days after expiration, termination or cancellation of this AGREEMENT.

These services will be provided only to the extent that the Customer pays in advance for all packing, postage and AC Enterprise Delivery Services LLC applicable fees. All fees payable for such services shall be charged at the maximum shipping rates for the applicable country. If, upon termination of this Agreement or upon expiration of Customer’s prearranged instructions, the Customer does not make all prior payments and arrangements for the forwarding of the Customer’s Postal address contents, AC Enterprise Delivery Services LLC may, at its own discretion refuse or return all items to sender. Furthermore, any items received or remaining in the Customer’s postal address after 30 days of termination, are subject to be discarded, destroyed or otherwise disposed of by AC Enterprise Delivery Services LLC Customer waives and releases AC Enterprise Delivery Services LLC from compliance with any obligation to forward or re-mail such mail, packages or parcels provided for under federal law or USPS rules and regulations and specifically agrees that AC Enterprise Delivery Services LLC does not have any obligation to forward or re-mail mail, parcels or packages to Customer except as otherwise specifically stated in this AGREEMENT. The foregoing is intended to be a written instruction from the Customer to AC Enterprise Delivery Services LLC that Customer’s mail, packages and parcels need not be re-mailed to Customer as otherwise required in the USPS Domestic Mail Manual’s conditions for Commercial Mail Receiving Agencies. The Customer acknowledges that due to postal regulations the USPS will not process a Change of Address upon termination of this AGREEMENT. Customer agrees that it will notify all persons of the change of address upon termination of this Agreement.

11. AC Enterprise Delivery Services LLC may, at its option, not accept Mail or Packages for more than the Plan’s maximum number of persons in a Single Postal address.

If Customer consistently receives an excessive number of mail pieces or more mail than can be placed in a Single Postal address, AC Enterprise Delivery Services LLC reserves the right to require Customer to pay additional fees to be determined by AC Enterprise Delivery Services LLC

12. If Customer refuses to accept mail, packages or parcels from AC Enterprise Delivery Services LLC mailed or forwarded to Customer pursuant to this AGREEMENT, AC Enterprise Delivery Services LLC may return the mail or package to the original sender and charge the Customer for any return postage and all other fees and expenses reasonably incurred by AC Enterprise Delivery Services LLC in connection with such returns.

13. The Customer acknowledges and agrees that AC Enterprise Delivery Services LLC may not accept mail or packages for the customer for any reason.

Specifically, restricted delivery mail, package or parcels may not be accepted on behalf of the Customer unless specifically authorized by the Customer for each such delivery.

14. AC Enterprise Delivery Services LLC will not accept “postage due” mail and/or COD packages, items or parcels on behalf of Customer unless Customer has previously arranged and prepaid such acceptance with AC Enterprise Delivery Services LLC. At its sole discretion, AC Enterprise Delivery Services LLC may refuse to accept “postage due” mail and/or COD packages, items or parcels on behalf of Customer under any circumstances.

15. The Customer agrees that mail, packages and parcels are considered to be delivered to Customer as soon as they are placed in the Customer’s Postal address, or when AC Enterprise Delivery Services LLC give notice that the item has been received to the Customer’s e-mail address.

The Customer expressly releases AC Enterprise Delivery Services LLC from all further responsibility or liability with respect to mail, packages and parcels received by AC Enterprise Delivery Services LLC on behalf of Customer except as specifically set forth in this AGREEMENT. The Customer shall only use the Service for the reception of mail, packages or parcels, and for other services as may be purchased from AC Enterprise Delivery Services LLC. Customer agrees and acknowledges that it will not use or permit the Postal address or Service to be used for any other purpose. Use of the Postal address for any other purpose is strictly prohibited and may result in immediate termination of this AGREEMENT and Service to the Customer.

16. AC Enterprise Delivery Services LLC will provide the Customer with a mailing address for the Postal address and Service. The Customer agrees not to modify or alter such mailing address.

The Customer acknowledges and agrees that AC Enterprise Delivery Services LLC has no responsibility or liability for mail, packages or parcels that are not properly addressed according to USPS specifications or the terms of this AGREEMENT. Customer further acknowledges that AC Enterprise Delivery Services LLC may return to sender or discard any mail that is received at such mailing address but is addressed to a name not previously registered with AC Enterprise Delivery Services LLC or is addressed to a name that has not completed the requirements set forth by AC Enterprise Delivery Services LLC to verify the identity of such name, or is addressed to a name for which AC Enterprise Delivery Services LLC has not received a properly executed form 1582 and two forms of identification. Customer agrees that AC Enterprise Delivery Services LLC may change the mailing address provided to customer at any time provided that AC Enterprise Delivery Services LLC will continue to receive customer’s items at the previous address for at least 30 days after sending notification of the change to the customer.

17. The Customer acknowledges and agrees that AC Enterprise Delivery Services LLC cooperates with all local, state and federal agencies and will share any and all information about the Customer and use of the Postal address or Service with such agencies and all USPS postal representatives and postal inspectors upon request.

The Customer further acknowledges and agrees that AC Enterprise Delivery Services LLC may share any and all information about the Customer and use of the Postal address or Service with any third party upon being presented with a civil or criminal subpoena or when it has been established to AC Enterprise Delivery Services LLC’s satisfaction that the account has been used for any illegal or questionable activity. Customer specifically indemnifies and holds harmless AC Enterprise Delivery Services LLC from any and all liability, claims, damages, losses or causes of actions ariSign from the release of information regarding the Customer or the Customer’s use of the Postal address to any person, or local, state or federal agency or to the USPS. The Customer represents and agrees that it will not use (or allow to be used) the Service for any unlawful, illegal, illegitimate or fraudulent purposes or for any other purpose not in conformity by the USPS regulations or other applicable laws, statutes, rules and regulations. The Customer further represents and agrees that the Service shall be used in compliance with all applicable federal, state and local laws. If AC Enterprise Delivery Services LLC suspects that the Service is being or has been used for any unlawful, fraudulent or illegal activities, AC Enterprise Delivery Services LLC may proceed to immediately terminate this AGREEMENT and Service.

18. In order to avoid AC Enterprise Delivery Services LLC being an unwitting party to fraud or other illegal activities, shall AC Enterprise Delivery ServicesLLC suspect any package of containing any illicit, dangerous or stolen items, AC Enterprise Delivery Services LLC may inspect such package.

Furthermore, if AC Enterprise Delivery Services LLC receives allegations or complaints from any third party that the Customer may be using the Service in any improper, illegal, or fraudulent manner as determined by AC Enterprise Delivery Services LLC may at its sole discretion proceed to immediately terminate this Agreement and stop the Service. In such case, any items received or remaining in the Customer’s postal address as of and after termination, are subject to be discarded, destroyed or otherwise disposed of at AC Enterprise Delivery Services LLC’s sole discretion.

19. The Customer agrees and acknowledges that AC Enterprise Delivery Services LLC may at its sole option cancel the Service and terminate this AGREEMENT for any cause at any time by providing the Customer thirty (30) days’ notice.

the Customer abandons the postal address for a period of more than thirty (30) days;
the Customer does not provide prompt payment to AC Enterprise Delivery Services LLC when due;
the Customer uses the service for mass mailing campaigns, spam campaigns, or mass marketing mailings; or Customer’s volume of mail, packages and/or parcels is excessive and unreasonable;
the Customer misrepresents the address or service as a physical address or anything else than just a mailing address to any person, directory, institution, company or authority;
the Customer’s behavior towards AC Enterprise Delivery Services LLC employees or towards other Customers is offensive, abusive, violent, threatening or disruptive;
the Customer fails to cooperate with any request for information by a local, state or federal agency or by USPS representatives or postal inspectors;
the Customer fails to provide or AC Enterprise Delivery Services LLC is unable to validate correct and accurate contact and personal information of Customer as requested by AC Enterprise Delivery Services LLC
the Customer fails to cooperate or provide information in connections with any investigation undertaken by a local, state or federal agency;
or the Customer violates any provision of this AGREEMENT or any other terms and conditions posted by AC Enterprise Delivery Services LLC

The Customer agrees that for purposes of this Agreement the actions or failure to act of any person authorized by the Customer to use the Service will be attributed to the Customer.

20. The Customer agrees to protect, defend, indemnify and hold harmless AC Enterprise Delivery Services LLC.

From and against any and all claims, causes of action, liabilities, judgments, penalties, losses, costs, damages and expenses (including attorneys’ fees and all related costs and expenses of litigation at arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted) suffered or incurred by AC Enterprise Delivery Services LLC, including, without limitation, any claim for personal injury or property damage, ariSign from: (i) this AGREEMENT; (ii) the Service provided to Customer by AC Enterprise Delivery Services LLC; (iii) the Customer’s use or possession of the Postal address; (iv) the failure of any third party to provide delivery or courier services accurately and on time, this includes the USPS or any commercial delivery or courier service.(v) loss, damage, or destruction of the Customer’s postal address contents, or of any mail, package or parcel by any cause whatsoever whether or not attributable to AC Enterprise Delivery Services LLC’s negligence or intentional act; and (vi) any violation by Customer of any federal, state or local laws, statutes, rules or regulations. For purposes of this Agreement, the indemnified parties shall include AC Enterprise Delivery Services LLC and its owners, affiliates, subsidiaries, parents, shareholders, members, successors, assigns, representatives, franchisees, officers, directors, agents, attorneys and employees.

21. CUSTOMER AGREES AND ACKNOWLEDGES THAT SHIPMAX LLC IS NOT LIABLE FOR ANY DAMAGE OR LOSS TO POSTAL ADDRESS CONTENTS, MAIL, PACKAGES OR PARCELS THAT OCCURS BEFORE, DURING OR AFTER MAILING OR SHIPMENT TO THE CUSTOMER. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES DO NOT INCLUDE CUSTOMS TAXES OR FEES AND THAT SHIPMAX LLC IS NOT A CUSTOM’S AGENT OR BROKER. CUSTOMER IS SOLELY RESPONSIBLE FOR THE EXPORT AND IMPORT OF ITS PACKAGES AND SHIPMENTS. CUSTOMER IS ALSO SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY AND ALL CUSTOMS DUTIES, , TARIFFS, TAXES, OR OTHER CHARGES OR FEES OFANY NATURE RELATING TO THE SHIPMENT OF MAIL AND/OR PACKAGES TO THE CUSTOMER.

Any additional insurance in excess of the standard amount insured by carriers, if any, must be authorized and paid for in advance by the Customer. Should the customer request and pay in advance for additional insurance with a shipping courier, AC Enterprise Delivery Services LLC will only act as the customer’s agent in purchase such insurance at the carrier’s normal insurance conditions and will not be responsible for unpaid claims or any other issues related to the insurance. Notwithstanding the Customer acknowledges and agrees that AC Enterprise Delivery Services LLC has no responsibility or obligation to insure any mail or shipments sent to the Customer. Customer agrees that AC Enterprise Delivery Services LLC does not insure nor process claims of any kind for USPS shipments

22. THE CUSTOMER AGREES AND ACKNOWLEDGES THAT THE TOTAL AMOUNT OF LIABILITY OF AC Enterprise Delivery Services LLC, IF ANY, FOR ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, LOSSES OR JUDGMENTS OUT OF OR RELATED TO THIS AGREEMENT AND THE SERVICE SHALL NOT EXCEED $100.00 WITHOUT REGARD OF THE NATURE OF THE CLAIM, LOSSES OR DAMAGES INCURRED. AC Enterprise Delivery Services LLC SHALL NOT BE LIABLE FOR ANY OTHER LOSS, CLAIM, DAMAGE OR INJURY OUT OF, RELATED TO, OR IN ANY CONNECTED WITH THIS AGREEMENT OR THE PROVISION OF ANY SERVICES PURSUANT TO THIS AGREEMENT. ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF FITNESS, MERCHANTABILITY OR OTHERWISE ARE DISCLAIMED. ALL SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FROM THIS AGREEMENT OR THE SERVICE ARE HEREBY EXCLUDED, TO THE FULL EXTENT PERMITTED BY TEXAS LAW. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL AC Enterprise Delivery Services LLC BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER.

23. CUSTOMER AGREES THAT THE SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES (WHETHER EXPRESSED OR IMPLIED). AC Enterprise Delivery Services LLC DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL MEET ANY OF CUSTOMER’S EXPECTATIONS OR REQUIREMENTS NOR THAT THE SERVICE IS PROVIDED SECURELY OR WITHOUT ERRORS SERVICE IS PROVIDED ON A “AS AVAILABLE” BASIS AND AC Enterprise Delivery Services LLC MAKES NO WARRANTIES THAT THE SERVICE WILL BE TIMELY, AVAILABLE AT ALL TIMES OR FOR A PARTICULAR PERIOD OF TIME WITHOUT INTERRUPTIONS. CUSTOMER USE AND OPERATION OF THE SERVICE OR AC Enterprise Delivery Services LLC’s WEB PAGE IS AT CUSTOMER’S SOLE DISCRETION AND RISK AC Enterprise Delivery Services LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING TO THE CUSTOMER OR ITS COMPUTER SYSTEMS THAT RESULTS FROM THE DOWNLOAD OF DATA FROM AC Enterprise Delivery Services LLC’S WEBSITE

24. All notices to the Customer required or permitted under this AGREEMENT shall be considered delivered twenty-four (24) hours after sending of such notice to the Customer’s e-mail address on record, within twenty-four hours (24) after transmission by fax to Customer’s fax number on record, five (5) days after deposit in USPS post office, two (2) days after sending the notice via a commercial courier service to the Customer’s address on Form 1583 or at the time such notice is delivered to the Customer.

25. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Texas without regard to the conflicts of law’s provisions thereof.

Any action to enforce this AGREEMENT or any action from this AGREEMENT, the Service, the Postal address or the relationship created between the Customer and AC Enterprise Delivery Services LLC by this AGREEMENT shall be brought in the state or federal courts of Harris County, Texas. The Customer consents and stipulates to venue and personal jurisdiction in the state and federal courts in and for Harris County, Texas, USA as to any and all lawsuits or causes action from this AGREEMENT, the Service, the Postal address or the relationship between Customer and AC Enterprise Delivery Services LLC created by this AGREEMENT. Customer acknowledges and agrees that it is establishing minimum contacts with the state of Texas for purposes of asserting personal jurisdiction over the Customer for any claims from this AGREEMENT, the Service, the Postal address or the relationship created between the Customer and AC Enterprise Delivery Services LLC by this AGREEMENT.

26. If the case that any provision of this AGREEMENT shall be deemed to be illegal, invalid or otherwise unenforceable, such provision shall be considered deleted from this AGREEMENT, but all other provisions of this AGREEMENT and the remaining portion of any provision which is deemed to be illegal, invalid or unenforceable in part shall continue in full force and effect.

27. If any party to this Agreement fails to enforce any provision of this Agreement, or fails to exercise any right at any time, such failure not operate as a waiver thereof.

28. Customer (including its agents, employees and representatives) represents to AC Enterprise Delivery Services LLC that it is not a person or entity described by Section 1 of the Executive Order (No. 13,224) Blocking Property and Prohibiting Transactions with Persons Who Commit, threaten to Commit, or Support Terrorism, 66 F.

Customer represents that it is not a Specially Designated National or Blocked Person as determined by the United States Department of Treasury Office of Foreign Assets Control. If Customer is determined to be a Specially Designated National or Blocked Person this AGREEMENT shall immediately terminate without further notice from AC Enterprise Delivery Services LLC