Terms and Conditions of Use for USPS® Label Broker 

This Terms of Use Agreement (this "Agreement") is a legal agreement by and among (i) you (the “Individual”), (ii) the company, entity or organization that you are representing (the “Company,” and together with the Individual, collectively, "You" “Your” or "User") and (iii) the United States Postal Service®, an Independent Establishment of the Executive Branch of the United States Federal Government ("USPS" or "Postal Service"). Each time You use or access the Service, You agree to the terms set forth in this Agreement, as they may be updated from time to time in accordance with these terms.

The Agreement sets forth the terms and conditions for Your use of USPS Label Broker ("Service”), a service that allows Your customers to receive a label ID and QR Code® sent by You so that they can have a label printed at Post Office facilities. 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 User is solely responsible for and shall abide by (i) the terms of this Agreement; (ii) the terms of use and guidelines of all secondary websites, 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 and the USPS International Mail Manual. User warrants, represents and agrees that all interactions with and uses of the Service shall be for the sole purpose of facilitating and managing USPS shipping and mailing transactions.

You are responsible for safeguarding Your account and represent, warrant and covenant to USPS that only employees and agents of the Company or You with authority to use the Service on behalf of the Company or You currently have or will be able obtain access to the Service’s account. You shall monitor the Service’s account and shall immediately notify USPS if any unauthorized user gains access to such account. USPS is entitled to rely on the representations, warranties and covenants set forth in this paragraph and the Company or You shall be fully liable for any direct and indirect damages that arise from or are related to any breach by the Company of any representation, warranty or covenant set forth in this paragraph. You, or the Individual, by agreeing to this Agreement as a representative of the Company and/or using the Service on behalf of the Company, represent and warrant that You are an authorized representative of the Company with the power and authority to bind the Company.

Modification of These Terms of Use

The Postal Service reserves the right to change the terms, conditions, and notices under which the Service is offered. You may review the most current terms and conditions of use at https://www.usps.com/terms-conditions/label-broker.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 this Agreement.

Description of Service

The Service is a platform that allows You to send Your customers with no access to a printer a label ID and a QR Code that enables the customer to present the label ID and QR Code at participating Post Office locations where a label can be printed. Volume limits may be imposed by the USPS at its discretion. Regardless of a volume limit, it is your responsibility to determine if the consumer requires the Service prior to storing a label. If you store labels excessively resulting in a print-to-storage ratio falling below fifty percent (50%) over a thirty- (30-) day period you may be removed from the program. You can also produce a label ID and QR Code through USPS Click-N-Ship. Your customer can bring the ID and QR code to a USPS facility through a display on their smart phone, or they may write the Label ID directly on the package. The package must be presented to the Postal Service Retail Clerk at the time the label is printed. The ability to print labels for packages is available at most Post Office locations, but the locations must be RSS-enabled Post Office locations. Other options for access such as printing from usps.com for the Service are available and others are under development. Label Broker providers are authenticated via Mutual SSL Authentication and granted Label Broker access based on pre-registration of certificates in the Label Broker system. To access Label Broker, all users must have these SSL Client-ID certificates signed by the USPS Certificate Authority. Under no circumstances should these certificates be used outside the United States or its possessions and territories without express written consent from the Postal Service.

The Service supports pre-paid postage labels, including both PC Postage and ePostage as well as Postage Guarantee labels. The following Mail Classes are supported: Priority Mail, Priority Mail Express, First Class Package Service , Retail Ground, Parcel Select Ground, Bound Printed Matter, Library Mail, Media Mail, Domestic Matter for the Blind, all USPS Returns, Parcel Return Service – Retail Channel, and First Class Package International Service (planned for June 2021). Any mail classes not in this list are specifically not supported by the Label Broker service including but not limited to: Parcel Select (destination entry), Parcel Select Lightweight and Marketing Mail. Extra services, if desired, must be purchased in advance and included when the label is stored in the Label Broker. Extra services cannot be added to a Label Broker label at the retail counter.

Functionality Not Guaranteed

You understand that the Service may be unavailable unexpectedly as a result of circumstances beyond the Postal Service’s control or may be unavailable for reasons within our control. The Postal Service is not responsible for any damages or losses related to any system errors or interruptions affecting usps.com or the Service and the processing of any transaction related to any Service. Furthermore, You acknowledge that functionality of the Service may be compromised or unavailable based on the configuration of Your system or 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 the Service in each instance 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 Application 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 personal or commercial 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 excepting Your right to share information provided through the Service to explain or effectuate a Postal Service transaction (for example, sharing the information with a customer that allows them to have a label printed). 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 a mailed item, You may view and download material from this Service for personal and commercial use solely when the materials clearly state that these materials may be copied and reproduced according to the terms stated on the particular pages where such materials are found; or 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 the purpose of shipping or receiving USPS products generally. The information regarding Your item may be used commercially solely to provide information regarding Your information related to labels for Your customers. 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 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 and the applications found on usps.com contain 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 available through the Service.

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 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 and usps.com generally, 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 the USPS networks or another's computer;
• Advertise or offer to sell any goods or services for any commercial purpose through direct communications utilizing the Service or usps.com;
• 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, including use of the Service in a manner inconsistent with its purpose or the overall mission of the Service or the USPS, which may include but not be limited to excessive storage of non-printed labels or use of the Service outside of the United States, its possessions or territories.

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 through the Service or usps.com 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 found within the Service, 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 provided 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, usps.com and accompanying services available through usps.com at any time.

THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE AND USPS.COM 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 USPS.COM 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.

Potential Third-Party Charges or Fees

YOU ACKNOWLEDGE AND AGREE THAT YOUR TELECOMMUNICATIONS CARRIER MAY CHARGE DATA USAGE FEES (INCLUDING ADDITIONAL CHARGES WHEN ROAMING, FOR EMAIL USE AS WELL AS FEES FOR SMS OR TEXT MESSAGING THAT MAY BE USED TO RECEIVE UPDATES RELATED TO THE SERVICE) OR 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 SERVICE. YOU SHOULD CONTACT YOUR TELECOMMUNICATIONS PROVIDER FOR COMPLETE PRICING DETAILS.

Indemnification

THE COMPANY AGREES TO INDEMNIFY AND HOLD THE POSTAL SERVICE, ITS AFFILIATES, OFFICERS, EMPLOYEES, GOVERNORS AND AGENTS, HARMLESS, INCLUDING COSTS AND ATTORNEYS' FEES, FROM (I) ANY LOSSES, DAMAGES OR CLAIMS ARISING OUT OF OR RELATED TO THE COMPANY’S BREACH OF ANY TERM, REPRESENTATION, WARRANTY OR COVENANT HEREUNDER; (II) ANY LOSSES, DAMAGES OR CLAIMS ARISING OUT OF OR RELATED TO THE BREACH OF ANY TERM, REPRESENTATION, WARRANTY OR COVENANT HEREUNDER BY ANY EMPLOYEE, AGENT OR REPRESENTATIVE OF THE COMPANY; (III) ANY CLAIM OR DEMAND MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE COMPANY’S USE OF THE SERVICE AND USPS.COM OR IN THE EVENT OF YOUR VIOLATION OF THIS AGREEMENT; OR (IV) ANY INFRINGEMENT OF THIRD PARTY RIGHTS BY THE COMPANY WHILE UTILIZING THE SERVICE OR USPS.COM SUCH AS ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY ARISING OUT OF OR RELATED TO ANY PRODUCTS OR SERVICES PURCHASED BY THE COMPANY IN CONNECTION WITH THE SERVICE OR USPS.COM OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR USPS.COM.

Access Restriction and Registration

The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any User access to the Service 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 anything other than the information available related to the labels available through the Service of which You are 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.

The User, to the extent it is a Company, represents and warrants that it is (i) duly organized or formed, validly existing and, where applicable, in good standing under the laws of its jurisdiction of incorporation or organization, and (ii) has all requisite power and authority to execute, deliver and perform its obligations under this Agreement.

Updated: 4/12/2021