This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("You" "Your" or "User") and the United States Postal Service®, an Independent Establishment of the Executive Branch of the United States Federal Government ("USPS®" or "Postal Service"). The Agreement sets forth the terms and conditions for Your use of the USPS.com Delivery Instructions that allows You to electronically request that certain types of United States Postal Service package(s) be left at the address of delivery without You being present to accept the package authorized for release ("Delivery Instructions" or ("Service")). The Service also allows You to redirect Your package to a different address with the potential of having additional postage charged for a change in delivery location. This Agreement is between You and USPS only, and not with any other entity. USPS is solely responsible for the services, content and materials provided through usps.com and the Service generally. User acknowledges and agrees that he or she is solely responsible for and shall abide by (i) the terms of this Agreement; (ii) the terms of use and guidelines of all secondary website, services and devices affiliated with the Service, as applicable, or linked to through the Service; and (iii) all policies, procedures and regulations of the United States Postal Service, which shall include and not be limited to the requirements of the USPS Domestic Mail Manual. User warrants, represents and agrees that interaction with the Service is for the sole purpose to facilitate a shipping transaction.
Modification of These Terms of Use
The Postal Service reserves the right to change the terms, conditions, and notices under which the Delivery Instructions are offered. You may review the most current terms and conditions of use at https://www.usps.com/tracking/easr-terms-and-conditions-popup.htm. If You do not agree to, or cannot comply with, the Agreement as amended, You must stop using the Service. You will be deemed to have accepted the Agreement as amended if You continue to use the Service. User acknowledges and agrees that his or her use of the Service, in each instance, is subject to any such changes and that User's use of the Service constitutes acceptance of such changed terms. User agrees to review this Agreement from time to time to ensure compliance with these terms and conditions, but at a minimum, in each instance that You request a release through Delivery Instructions.
Description of Service
The Service is an online platform designed to allow You to authorize the USPS to release Your package for delivery at an address that You would be authorized to receive such package. The Service is not available for packages insured for over $200 or registered packages or those requiring signatures. This online Service provides the same shipment release option You would have at Post Office™ locations by filling out Postal Service Form PS 3849 entitled, "Delivery Notice/Reminder/Receipt." This service is free of charge for packages released to Your address or a neighbors address, but there is no guarantee that the letter carrier will receive the instructions You provide in a timely manner that would allow the release of Your package or that Your instructions will be followed. Alternate delivery locations such as Your back door or front porch can be requested if a package will not fit in Your mailbox. The Service also allows You to redirect Your package to a different address, and allows You to upgrade the service to premium delivery services such as Priority Mail or Priority Mail Express or to add applicable extra services if so desired. In such instance where You redirect Your package to a different address or upgrade delivery options, the USPS will provide an estimate of postage during checkout; however, the estimate may not be accurate due to various constraints. Actual postage to the changed address is determined after the package is intercepted, weighed, rated and any service upgrades are applied . Your package will be sent to its original destination if the payment fails at the time the package is intercepted. Should the actual postage amount exceed the estimate, Your credit card will not be charged, but the package will arrive to its alternative destination Postage Due. Such payment must be made with cash, check or money order. Any package that is received damaged will be delivered as addressed.
Functionality not Guaranteed
You acknowledge that functionality of the Service may be compromised or unavailable based on the configuration of Your system based on Your operating system, browser version as well as Your hardware or phone. Access to the Service is not guaranteed for every software and hardware configuration, and You agree that the Postal Service shall have no liability for Your inability to access My USPS.com in every instance, or to access the various services available through My USPS.com due to such hardware and software constraints.
Privacy
For over two centuries, the Postal Service has valued Your privacy, and built a brand that customers trust. When using the Service, the information You provide is accessible to the Postal Service, but may also be collected by third parties such as the companies that control the operating systems of the particular application You are using, e.g. browser, mobile device, etc. as well as Your telecommunications provider (not unlike an Internet Service Provider's ability to access data provided by its subscribers). Information collected by any such third party is governed by its terms of service and its privacy policy. Any information provided by You to the Postal Service while utilizing the Service is governed by the USPS privacy policy.
For information about our privacy policy, please visit www.usps.com/privacypolicy.
Intellectual Property - License Grant and Restrictions
This Service provided to You by the USPS is for User's personal use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. Material provided by the Service is the copyrighted property of the Postal Service. All rights reserved. The intellectual property and images presented through the Service may not under any circumstances be reproduced or used without USPS's prior written permission. Other than the actual information related to Your mailed item, You may view and download material from this Service (i) for personal; (ii) where the materials clearly state that these materials may be copied and reproduced according to the terms stated in those particular pages; or (iii) with the express written permission of the Postal Service. In all other cases, You will need written permission from the Postal Service to reproduce, republish, upload, post, transmit, distribute or publicly display material from this Service.
USPS grants to You a limited, non-exclusive, non-transferable license to access and use the Service for personal use only. USPS also grants to You a non-exclusive, non-transferable license to use the Service on any device that You own or control as permitted by any terms of use set forth by Your device manufacturer, the terms of use of Your device's operating system and/or the terms of use of Your telecommunications provider. Any violation by You of the license provisions contained herein may result in the immediate termination of Your right to use the Service. USPS reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that You will not:
- use the Service or usps.com to reproduce copyrighted materials;
- copy, store, edit, change, prepare any derivative work of or alter in any way any of the information provided through the Service or usps.com except for uses related to Your personal mailing and purchase of USPS products and services;
- provide Your password, if required by the Service or any Application available on usps.com to any other person;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service or any Application available on usps.com or any portion of them accessible through the Service or through usps.com;
- circumvent any technology used by the USPS or its licensors to protect content accessible via the Service or found on usps.com;
- rent, lease or sublicense any of the intellectual property provided through the Service or available on usps.com; or
- use the Service or any Application available on usps.com in any way that violates the terms of this Agreement.
As between You and USPS, You acknowledge that USPS owns or has a license to all title and copyrights in and to the Service. All title and intellectual property rights in and to the content in the Service is the property of the respective content owner (whether the USPS or a licensor to the USPS) and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.
The Service contains the trademarks, service marks, graphics and logos of the USPS and may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to such USPS trademarks or the trademarks of any third party.
Updates, Maintenance and Support
USPS may from time to time make available to all users of the Service updates at no cost or subject to additional fees in USPS's sole discretion. "Updates" means any updates, upgrades or error corrections to the Service USPS makes available generally to users of the Service. Notwithstanding anything else contained in this Agreement, USPS will have no obligation to continue producing or releasing new versions of the Service or any updates thereto. USPS is solely responsible for providing any maintenance and support of the Service as specified in this Agreement, or as required under applicable law.
Links to Third-Party Sites and Limitation of Liability
The Service and other websites and services that may be accessible through the Service or on usps.com generally, which also may be operated by the Postal Service, may contain links to websites operated by parties other than the Postal Service. Such links are provided solely for User's convenience. The Postal Service does not control such third-party websites and is not responsible for the contents of such sites. The Postal Service's inclusion, if any, of links to such third-party websites does not imply any endorsement of the material on such sites or any association with their operators. When linking to such third-party websites, the Postal Service follows web-linking and exit page guidelines as set forth in USPS Management Instruction AS-610-2012-3. The Postal Service does not monitor websites linked to by User, and the use of any such links is performed strictly at the User's own risk. IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM ACTIVITY OCCURRING ON NON-POSTAL SERVICE WEBSITES WHEN A USER LINKS TO SUCH SITE FROM THE SERVICE OR USPS.COM.
No Unlawful or Prohibited Use
As a condition of Your use of this Service, You warrant to the Postal Service that You will not use the Service or usps.com for any purpose that is unlawful or prohibited by these Terms of Use.
User agrees that when using the Service or usps.com that User shall not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Advertise or offer to sell any goods or services for any commercial purpose;
- Conduct or forward surveys, promotions, sweepstakes, contests, pyramid schemes or chain letters;
- Download any file posted by another user of the Service that User knows, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; or
- Restrict or inhibit any other user from using and enjoying the Service or usps.com generally.
The Postal Service reserves the right to terminate User's access to the Service at any time without notice for any reason whatsoever.
The Postal Service reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Postal Service's sole discretion.
User grants the Postal Service permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose by You to the Postal Service in any manner that the Postal Service chooses, commercial, public or otherwise, without compensation whatsoever. User agrees and acknowledges that all content provided within the Service or thorough usps.com generally, whether provided by the Postal Service, third-parties or from User, to the fullest extent permitted by law and under contract, shall be or become the property of the United States Postal Service with no restrictions in use, whether commercial or otherwise.
Liability Disclaimer
The information, software if any, products, and services included through this Service may include inaccuracies or typographical errors. Changes are periodically added to the information provided. The Postal Service and/or its respective suppliers may make improvements and/or changes to this Service and the Applications at any time.
THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW. THE POSTAL SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE POSTAL SERVICE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT, THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE OR USPS.COM WILL BE FREE OF ERRORS OR VIRUSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE OR USPS.COM, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE OR USPS.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE POSTAL SERVICE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR RELATE TO THE USE OR INABILITY TO USE THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE OR THE APPLICATIONS, EVEN IF THE POSTAL SERVICE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES RESULTING FROM USER'S INABILITY TO ACCESS OR USE THE SERVICE, USPS.COM, MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE OR USPS.COM DUE TO FAILURE OF THE USER'S DEVICE, OPERATING SYSTEM OR USER'S INABILITY TO ACCESS SUFFICIENT BANDWIDTH AND/OR TELECOMMUNICATIONS CONNECTIVITY. YOU ACKNOWLEDGE AND AGREE THAT YOUR TELECOMMUNICATIONS CARRIER MAY CHARGE DATA USAGE FEES (INCLUDING ADDITIONAL CHARGES WHEN ROAMING) TO ACCESS THE SERVICE, AND THAT THE POSTAL SERVICE SHALL NOT BE LIABLE FOR ANY SUCH FEES AS A RESULT OF YOUR USE OF THE APPLICATION OR THE SERVICE. YOU SHOULD CONTACT YOUR WIRELESS OR TELECOMMUNICATIONS PROVIDER FOR COMPLETE PRICING DETAILS.
Indemnification
You acknowledge and agree to indemnify and hold the Postal Service, its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Your use of the Service or in the event of Your violation of this Agreement, any infringement of third party rights by You while utilizing the Service or usps.com, of any intellectual property or other right of any person or entity or arising out of or related to any products or services purchased by You in connection with the Service or usps.com offered by a third party.
Access Restriction and Registration
The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any User access to the Service, the applications or any portion of usps.com without notice. You must register for this Service, and by doing so, You warrant and represent that You have the authority to request the functions performed through the Service. You agree not to use the Service to solicit information regarding any shipments of which You are not either the bona fide recipient or sender.
General
THIS AGREEMENT IS GOVERNED BY UNITED STATES FEDERAL LAW. USER AGREES THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THESE TERMS OF USE SHALL BE BROUGHT BY USER IN AND BEFORE A FEDERAL COURT LOCATED IN THE DISTRICT OF COLUMBIA (EXCLUDING RIGHTFUL ACTIONS BROUGHT BEFORE THE UNITED STATES POSTAL SERVICE BOARD OF CONTRACT APPEALS), TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE OR COUNTRY. USER AGREES TO WAIVE ANY OBJECTIONS AS TO THE LAYING OF PERSONAL JURISDICTION OR VENUE IN SUCH A COURT, AND AS TO ANY PURPORTED INCONVENIENCE OF THE CHOSEN FORUM.
The Postal Service's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of the Postal Service's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of this Service or information provided to or gathered by the Postal Service with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire Agreement between the User and the Postal Service with respect to this Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and the Postal Service with respect to this Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Updated: 02/20/2015
