LICENSE AGREEMENT
This Agreement is effective on the date the Intellectual Property is downloaded by the Licensee.
Recitals
A. Licensor is in the business of providing a total support network for all recreational vehicle enthusiasts (“RVers”/ “RVing Community.”) and owns the Intellectual Property, the form of which, is set forth at escapees.com hereby incorporated by reference.
B. Licensee wishes to use the Intellectual Property, for one of the following uses: personal blogs, personal YouTube channels or similar web-based channels, and/or personal websites. The use shall be selected at the time the Licensee downloads the Intellectual Property; and, the use shall hereby be incorporated by reference into this Agreement. The use of the Intellectual Property shall not be commercial in nature.
C. Licensor is willing to grant the Licensee a license to use the Intellectual Property on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements set forth below, the parties hereto covenant and agree as follows:
Article II: License
A. The Licensor hereby grants to the Licensee, and the Licensee hereby accepts, a nonexclusive, nontransferable license (the “License”) to use the Intellectual Property.
B. No other right or license is granted by Licensor to Licensee or by Licensee to Licensor, either express or implied, with respect to any other trademark, trade name, service mark, or other intellectual property right owned, possessed, or licensed by or to Licensor. Licensee shall not use the Intellectual Property in any manner not specifically authorized by this Agreement.
Article III: Operation under License
A. The Licensee must obtain all governmental permits, licenses, registrations, and approvals needed to produce and market the Product or provide the Service and must operate under the License in compliance with all applicable laws and regulations. Specifically, but without limitation, when using any of the Intellectual Property, the Licensee must comply with all laws relating to intellectual property in force, including marking requirements. At the request of Licensor, and without compensation to Licensee, Licensee shall promptly do such acts and execute, acknowledge, and deliver all such papers as may be necessary or desirable, in the sole discretion of Licensor, to obtain, maintain, protect, and/or vest in Licensor the entire right, title, and interest in and to any Intellectual Property; including rendering such assistance as Licensor may request in any litigation, Patent and Trademark Office proceeding, or other proceeding. All use of any Intellectual Property by Licensee on any good shall inure to the benefit and be the property of Licensor.
B. The Licensee may use the Intellectual Property only in connection with goods manufactured, distributed, and sold by or for, and/or services provided by or for, the Licensee in accordance with the specifications, directions, and processes furnished to the Licensor by the Licensee or its representatives and agents from time to time; and, the quality of all goods sold under the Intellectual Property must be satisfactory to the Licensor or as specified by the Licensor. The Licensee must furnish to the Licensor, upon request, with samples of goods sold or distributed, and/or examples of how Licensee provides services, using one or more of the Intellectual Property. In addition, in order to assure that the development, manufacture, appearance, quality, and distribution of the Product and/or Service are consonant with the Intellectual Property used to identify it or them, Licensor retains the right to participate at each stage of development of any Product or any other Material Requiring Approval and to approve or disapprove of any development, manufacture, appearance, quality, and/or distribution.
C. Whenever the Licensee uses any of the Intellectual Property, in advertising or in connection with goods that it sells or distributes, the Intellectual Property must be displayed in accordance with specifications and directions furnished by the Licensor to the Licensee, from time to time. Licensee shall use upon or in connection with the Product, and/or Service, where a United States Federal Trademark Registration has been obtained, the symbol ®. Licensee shall not otherwise affix or use such in connection with nor use any other trademark or trade name in connection with the Product without Licensor’s prior written approval. The Licensee must also clearly indicate the Licensor’s ownership of the Intellectual Property whenever one of the Intellectual Property is used. Licensee agrees to use such copyright notice as may be prescribed by legal counsel for Licensor, from time-to-time.
Article IV: Assignment and Subleasing
A. This Agreement and the License are personal to the Licensee, and the Licensee may not assign or sublicense any of the rights granted to the Licensee under this Agreement without the advance written consent of the Licensor, which consent may be withheld for any reason whatsoever. Any purported assignment or sublicense by the Licensee (or by operation of law) that is not approved in writing by the Licensor will be null and void and of no legal effect whatsoever.
B. This Agreement may be assigned by the Licensor to any person or entity whatsoever.
Article V: Licensorship and Protection of Intellectual Property
The Licensee acknowledges the Licensor’s exclusive right, title, and interest in the Intellectual Property and will not at any time do or cause to be done any act or thing contesting or in any way impairing or tending to impair any part of such right, title, and interest. Specifically, but without limitation, the Licensee will at no time adopt or use any word or mark that is likely to be similar to or confusing with the Intellectual Property. In connection with use of the Intellectual Property, the Licensee will not in any manner represent that it has ownership of the Intellectual Property or any registration thereof, and the Licensee acknowledges that use of the Intellectual Property will not create in the Licensee’s favor any right, title, or interest in or to the Intellectual Property, but all uses of the Intellectual Property by the Licensee, including any goodwill generated by such use, will inure to the benefit of the Licensor. The Licensor will be responsible for trademark registrations and must use commercially reasonable efforts to file, prosecute, and maintain all trademark and related registrations and registration applications for the Intellectual Property.
Article VI: Infringement
Only the Licensor shall have the right, but not the obligation, to prosecute any infringement of the Intellectual Property. The Licensee must promptly inform the Licensor of any infringement that comes to the Licensee’s attention, regardless of whether the Licensee elects to prosecute the infringement.
Article VII: Licensor’s Warranties and Representations
The Licensor is the sole Licensor of the Intellectual Property and has a good right to license the rights in the Intellectual Property to the Licensee in accordance with the terms of this Agreement.
Article VIII: Indemnity
A. Licensee represents and warrants that it has the right to enter into this Agreement and to agree to the terms and conditions of this Agreement. The Licensee agrees that it will indemnify and hold harmless the Licensor , and its directors, officers, employees, shareholders, partners, agents, and affiliates, against all controversies, disputes, claims, liability, and expenses (including legal fees) relating to this Agreement, whether sounding in contract, tort or otherwise, brought by a third party.
B. Licensee shall promptly notify the Licensor of any claim, in writing; and, Licensee shall cooperate with the Licensor in the defense of any claim.
Article IX: Term and Termination
A. The term of the License will commence on the date of this Agreement and will continue in effect for a period of one (1) year. At the expiration of the initial one-year term of the License, or any renewal thereof, the License will be renewed for a period of one year beginning on the date of the expiration of the prior term, unless either the Licensor or the Licensee gives written notice of termination to the other not later than thirty (30) days before the expiration of the prior term. If notice of termination is given, the License will terminate on the expiration of the existing term.
B. The Licensor may, at its option, terminate the License prior to the end of its term by written notice to the Licensee if Licensee violates any of the terms of this Agreement.
C. Termination or expiration of the License will not in any way operate to impair or destroy any of the Licensor’s or the Licensee’s preexisting rights or remedies, either at law or in equity.
D. Immediately following the termination or expiration of the License, all rights granted to Licensee hereunder shall automatically revert to Licensor and Licensee shall execute any and all documents evidencing such automatic reversion; and, the Licensee must cease and desist from all use of the Intellectual Property in any way and deliver to the Licensor all material and papers on which the Intellectual Property appear that are in the Licensee’s possession.
E. Licensee shall, within three (3) months after such expiration or termination, deliver to Licensor a complete and accurate statement indicating that all existing inventories of Product have been destroyed and all references to Intellectual Property have been removed from Licensee’s properties.
Article X: Relationship
A. The relationship between the Licensor and the Licensee is that of licensor and licensee, and it is not the purpose or intention of this agreement or of the parties to create a partnership, joint venture, principal-agent, or other relationship for any purpose whatsoever. Neither the Licensor nor the Licensee is authorized to or has the power to obligate or bind the other party in any manner whatsoever except as may be expressly provided in this Agreement.
Article XI: Binding Effect
A. The provisions of this Agreement will be binding on and inure to the benefit of the heirs, personal representatives, successors, and assigns (where applicable) of the parties.
Article XII: Notice
A. All notices and other communications between the parties must be in writing.
B. Notices must be given by (i) personal delivery, (ii) a nationally-recognized, next-day courier service, (iii) first-class registered or certified mail, postage prepaid to the party’s address specified in this agreement, or to the address that a party has notified to be that party’s address for the purposes of this section, (iv) or via email.
C. A Notice given in accordance with this Agreement will be effective upon receipt by the party to which it is given or, if mailed, upon the earlier of receipt and the fifth Business Day following mailing.
Licensor:
Teresa Moore, COO
Escapees, Inc.
100 Rainbow Drive
Livingston, Texas 77351
Licensee:
______
______
______, ______ ______
Article XIII: Attorney’s Fees
In the event of any controversies, disputes, and/or claims arising out of or relating to this Agreement, whether sounding in contract, tort, or otherwise, each party shall bear its own costs and expenses, including reasonable attorneys’ fees, incurred in connection with such action.
Article XIV: Confidentiality
Licensee shall maintain the confidentiality of all trade and proprietary secrets that may be disclosed in the course of providing the services under this agreement. Licensor shall identify to Licensee in advance and in writing any information or data deemed a trade or proprietary secret.
ARTICLE XV: CHOICE OF LAW
The parties agree that the laws of Texas shall govern this Agreement and all controversies, disputes and claims relating to, in connection with or arising out of this Agreement or breach of this Agreement, whether sounding in contract, tort, or otherwise, and whether settled by binding arbitration or by a court of competent jurisdiction.
Article XVI: Waiver
A party’s failure or neglect to enforce any of its rights under this agreement will not be deemed to be a waiver of that rights or any other of its rights.
Article XVII: Headings and Construction
The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.
Article XVIII: Counterparts
The parties to this Agreement may sign this Agreement in any number of counterparts, each of which is an original and all of which taken together form one single document. Moreover, this Agreement shall become effective when each of the parties to this Agreement sign one or more counterparts and delivered the signed counterpart to each of the other parties to this Agreement, in accordance with ARTICLE II: NOTICE of this Agreement.
Article XIX: Severability
If any term or provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the remainder of this Agreement shall remain in full force and effect, and, that illegal, invalid, or unenforceable term or provision shall be modified to the extent necessary to render such term or provision enforceable. The rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties, without frustrating the purpose of the Agreement.
Article XX: Entire Agreement, Modification and Integration
A. This Agreement constitutes the entire agreement between the parties. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of, any representation or warranty (whether made expressly or impliedly) that is not set out in this agreement.
B. This Agreement may not be modified other than in a writing, dated, executed by an authorized representative of both parties, stating its intent to modify or supersede this Agreement and delivered in accordance with the Notice clause of this Agreement.
IN WITNESS WHEREOF, Licensor has caused this Agreement to be executed by offering the Intellectual Property for download on escapees.com; and, Licensee has caused this Agreement to be executed personally or, as appropriate, by its duly authorized officers by downloading the Intellectual Property.
29 Responses
Be advised, usps.com is not accurate in listing specific zip codes that accept General Delivery. And not all post office local phone numbers will be answered by humans, so you can verify that they do accept G.D.
Yep, that is definitely an issue with some locations! Even those who do have staff answer the phones can often take several minutes of ringing and/or being on hold to get through. Unfortunately, there is not an easy solution to this if you are not yet physically near the P.O. you’re trying to reach.
thank you!
You didn’t address UPS Smart Post or FEDEX Sure Post, where the private shippers use the post office for the final leg of the delivery. If you know your seller is going to use one of these 2 delivery programs, then you can still address your delivery to “General Delivery” at the post office & they will accept it because they are sharing in the revenue from that shipment. But if you use General Delivery & your seller sends the package by “regular” UPS or FEDEX, the package may go to the post office, but the post office will then charge you extra for handling the package, since they did not share in the revenue like they would have with a Smart Post or Sure Post shipment.
I’ve run into way too many post offices that accept general delivery only for “new to the area” residents that have a permanent address that will be available within 30 days.
I got caught by the Austin situation once also. When I showed up, the only clerk was very put out that I wanted to pickup my package. She told me it wasn’t in the office several times. After I showed her the online status, she agreed to go look even though she assured me it wasn’t in the office. Needless to say, she came back with it saying that someone put it in the wrong place.
I’ve also run into post offices where you can talk to the person that handles General Delivery and they want to talk about RV living.
I had one Post Office where I missed the open hours and the Postmaster let me fill a forwarding address online so I could pick my mail up at my next stop.
A workaround for the UPS/Fedex problem:
When I order something online and don’t know for sure it will be shipped USPS (e.g. amazon, etsy), I simply add “PO Box” to the address. It forces the shipper to send via USPS/Smart Post/ SurePost.
Name
General delivery
PO Box
City, State zip-9999
Small businesses will sometimes reach out to ask about the missing P.O. Box number but I just explain the situation and they’re happy to ship it general delivery.
We have seen several RVers try this successfully. Unfortunately, it doesn’t consistently work, but when it does, it’s handy!
Several bad experiences in Florida caused me to stop trying to use General Delivery. First of all, it may be impossible to get anyone to answer their phones. One postmaster told me that they are not required to answer their public phone numbers! I chased one package back and forth across Fort Myers. It ended up at a PO that does not support General Delivery, so they returned it to the sender.
I have found that General Delivery varies greatly from Post Office to Post Office. I have been the most successful when visiting the Post Office and asking, “How do you want this addressed?” I just came from a post office which gave me two addresses even with different zip codes for the same location depending on what was being sent.
Worth mentioning that many post offices will only take your mail for 30 days. This is especially true in FL.
As mentioned, you cannot rely on the Post Office website at all. Here again, visiting the local PO is very helpful. I have also had a Post Office require that I fill out a form in advance to be able to receive General Delivery.
We have had the best luck at small town post offices. Always have a tracking number.
Amazon is the hardest since you do not know how it is being sent. I tried the PO Box trick, only to have it returned to Amazon. In a small town I have talked to a UPS driver and asked them, “Who is the best in town to take my package and hold it for me?” They gave me a small shops name who was happy to hold my package.
Another issue that RVers face if they drive an oversize vehicle, is to go to Google Earth and see what the parking lot looks like! Most POs only have angled parking, and if you are driving a larger motorhome, you may have to park on the street and walk a ways to get to the post office!
We have been using General Delivery for the past 4-1/2 years, and have only had minor issues with it, as stated in the article and comments. Most of the issues have had to do with the inconsistencies within the USPS. They should all have the same rules, but they don’t, and the web sites are not always accurate! Still, if you do your proper research ahead of time, it can work well, as it has for us.
Arizona and apparently now Texas are a 30 days only, then you need a PO Box. Just picked ours up at the Congress PO and was informed
Thank you for responding with this. I’ve been using general delivery for almost a month now, but every time I go to my PO, they always say I have no mail. I find it a bit weird.
Have you previously confirmed that the location you’re visiting is the site of that area’s General Delivery service?
Often, towns with multiple post offices will designate one location for General Delivery, even if the zipcode on your address differs. For example, in Austin, TX, RVers camping at McKinney Falls State Park will have mail sent to the 78744 zipcode there as General Delivery, but all General Delivery actually goes to the downtown post office and must be picked up from there.
Wouldn’t it make sense to have the address like
Name
Phone number
General Delivery
City, state, zip.
So they could give a courtesy call for individual that are stranded.
Long story short
Wallet got lost, canceled cards, then reorder new cards, sending to Nevada then family going to send them out to me in Oregon in general delivery.
General Delivery should have some choices that would cost a fee.
Well that’s my thoughts
30 day limit is only for how long a mail piece can be held, not a limit for receiving this service.
Each USPS location has some flexibility in customizing their rules for handling General Delivery. There are some post offices that restrict the length of time you’re permitted to use General Delivery before they’ll start declining your mail or direct you to use a PO box. This is why we recommend you check with each location before you plan to have your mail sent there as General Delivery.
When wanting a General Delivery do I have to list my name? Can I list name as Resident?
Yes, you’ll want to use your name in the address. Otherwise, USPS will have nothing to verify the mail is yours when you come to pick it up, and may not release it to you.
I was amazed that the main post office in New York city only opens general delivery from 11:00 a.m. to 1:00 p.m. (two hours) that’s beyond imagination. For the worst i mean.
General delivery sucks I spoke with a 40-year veteran of the post office when I asked questions about my options for holding my mail what the 40-year postal veteran left out is that my mail would circle around the state of Texas I guess for 10 to 14 business days or longer with no guarantee that I would receive my mail. I’m currently waiting on a contract that was mailed to me via the post office on April 1st and now it is a possibility that I may not even get the mail because the supervisor at the post office where I live indicated that if I don’t get my mail in the next 10 to 14 business days I may have to choose to start the process over. what the what. I expect for businesses and yes this includes the post office to be reasonably knowledgeable about their products and services. Telling me that you’re a 40-year veteran employee of the post office does me no good if you leave out pertinent information and then demonstrate an attitude of I don’t care because it’s not my mail this has been a complete cluster f for me and I still don’t have my mail.
I’m here in Ogden does anyone have information on why my Packages would keep getting returned to sender if the address of the post office and the general Delivery address both on package the post office said it can’t have THIER address on it only general Delivery has anybody heard such a thing
This does sound strange.
Are you using the standard General Delivery format for the receiving address? https://faq.usps.com/s/article/What-is-General-Delivery
I have used General Delivery (GD) dozens of times in my RV travels. I have never been charged an extra fee for anything, but as a retired postmaster I suspect that might not have to do with GD itself, but for a package sent using a competitor (UPS, Fedex, etc) and not by the special procedure where the competitor pays the postage for the final leg of the transportation. I did have a package returned the same day it arrived at a post office in Arizona. I had tracking to see what happened and spoke with the postmaster who informed me they only provide GD to those who apply in advance for it. As a retired postmaster I know the regulations, which do not include an application for GD. The regulations also provide for service up to 30 days for “transients” (travelers) as well as extended service for new residents until they can get home delivery. I ended up sending a complaint to the District Office in Phoenix and got an email back from their marketing director with profuse apologies and assurance the postmaster I dealt with would be required to follow the regulations in the future. My main advice to anyone is always have things sent to GD with a tracking number. In addition to proof of what happens to an item, it saves you having to make trips to check whether the item is there, as you can track it online.
I want to use General Delivery for anonymity. I don’t want to get a P>O box and don’t want one particular person to know where I live, Will this work?
General Delivery can work for that, but each post office’s requirements can vary. Some may require you to provide personal information ahead of receiving the package, others restrict how many pieces of mail you can receive via General Delivery before they require you to get a P.O. box, and still others only allow general Delivery for a defined amount of time, and will refuse all other mail for you received after that period of time.
In short, you need to reach out to the USPS local office you’ll be using most to find out what their requirements are, if any. If you plan to be mobile, plan ahead and reach out to each post office you plan to use before having mail sent there.
general delivery is for people down and out in life/the homeless to have an address to receive mail. not for people who live the home free lifestyle to get amazon packages delivered and held for them for free. this is for emergencies, rver should stop being chintzy and pay small business mailbox shop to receive packages and mail.
Chincy? Seriously, try working for a company that does infrastructure and is coast to coast. It has nothing to do with being cheap, believe it or not some want to pay bills on time and not spit out excuses…
Chintzy? 1st off, not sure “home free lifestyle” means.
Secondly, “hold it for free”? The postage has been paid. Furthermore, It saves them the time and money of sorting, loading in the truck, and delivering.
A PO Box costs $45 for the cheapest one available here. I’m on social security. I can’t afford an additional $45. in just mailing costs for one package.
Jay
I find it interesting that the U.S. Postal website never MENTIONS General Delivery at all!!
As a national service, required by the U.S. Constitution and Federal law, it is appalling there is no required standardization for how the service works. Also, for the working poor who do not have an address and cannot afford a bank account, how can they receive their monthly Social Security Disability checks when the post office will only hold mail for 30 days and they have to wait 30 days to pick up the next check?? They should hold mail for 60 days before sending it back to the sender.