Latest Version Posted: June 11, 2024
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE AND THE SERVICE
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR A SHIPWORKS ACCOUNT.
This website, including all content made available through the website, (“Site”) is owned and operated by Interapptive, Inc., d/b/a ShipWorks, a Missouri corporation, including its parent company Auctane, Inc. dba Stamps.com (collectively, “Provider”, “we”, “our” or “us”). This Site and the services and products (collectively, the “Services”) provided to you (“you” or “your”) are subject to these Terms of Service (“Terms”). Unless otherwise agreed in writing with Provider, these Terms govern your access to and use of the Services and your agreement with Provider will always include, at a minimum, these Terms and our Privacy Policy (“Privacy Policy”), which is hereby incorporated by reference into these Terms. These Terms and our Privacy Policy form a legally binding agreement between you and Provider in relation to your access to and use of Provider’s Services. It is important that you take the time to read these Terms carefully.
Provider is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Services, you acknowledge and agree that Provider’s collection, usage and disclosure of this personal information is governed by our Privacy Policy. For clarity, personal information collected by Provider may be disclosed to the United States Postal Service (“USPS”) and other carriers in connection with the Services and pursuant to the applicable carrier’s privacy policies and practices. In addition, if accessing the Services through a Platform, personal information collected by Provider may be disclosed to the Platform in connection with the Services. Where Provider acts as your “processor” (or similar concept under applicable data protection laws) of personal information, the Auctane Customer Data Processing Agreement available here shall apply and is hereby incorporated by reference into these Terms.
Provider may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page. If you maintain an account balance with Provider, under its ShipWorks One Balance product, you hereby agree to and consent to the terms provided in Appendix A which immediately follow these Terms and shall become a part of these Terms. Modifications, amendments or supplements to these Terms shall automatically be effective seven (7) days after Provider has posted the modifications. If you do not agree to be bound by (or cannot comply with) these Terms, including the Terms as modified, you agree that your sole remedy is to cease using the Services by canceling your account. Your continued use of the Services constitutes your agreement to be bound by the Terms, including the amended Terms.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an account.
Both you and the Provider agree, with the limited exceptions noted below and as further provided below, to resolve all disputes between you and the Provider through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE PROVIDER ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. SERVICE PRICING; YOUR RESPONSIBILITIES; PROFESSIONAL SERVICES
Service Pricing. Provider offers multiple types of service plans – including, without limitation, monthly service plans. Your recurring service fee, if any, will be calculated based on the service plan presented to you and agreed to by you during service registration. In addition, you are responsible for all variable and transactional costs of using your applicable Services (including, without limitation, fees related to postage, fees for carrier services, dimensional weight adjustments, package insurance, items purchased in the online store purchases (if any), fees for additional users, direct and indirect costs of third party service providers, selected and carriers, transaction fees charged directly by Provider for shipping or other services, or other special selected services, selected and administrative and processing services) in addition to your applicable service fees, if any. Your recurring service fee, if any, will be calculated and billed based on the date you register and the terms of your offer. If you have registered for a monthly billing plan (like most Provider users), the monthly billing cycle ends each month after you register. For example, if you register on March 8, and you are provided a free trial offer, the first billing cycle will begin April 8, and the second billing cycle will begin on May 8. Provider bills in advance (i.e., at the beginning of the applicable billing cycle), if you cancel in the middle of a billing cycle you will not be refunded for your service fees and your account will remain available for usage for the full month of cancellation. If you register for a free offer, but wish to avoid incurring the monthly service fee, make sure to cancel your account before the free period ends. To cancel, call Provider customer support at 314-455-6370, Monday – Friday, 7 AM to 7 PM Central Time, or do so online.
We may change the pricing of our Services, including the recurring subscription fee, from time to time. We will notify you at least 30 days before any changes to your subscription fee will become effective. If you do not wish to accept the price change, you can cancel your subscription before the change takes effect. Your continued use of our Services after the price change takes effect constitutes acceptance of the new pricing.
Upgrading / Downgrading Service Plans. You may have the option to upgrade to a higher tier service plan. If you upgrade during a billing cycle, your upgrade will be effective immediately, and your recurring service fees for that billing cycle will be prorated accordingly. You may also have the option to downgrade to a lower tier, but if you elect to downgrade during a billing cycle, your downgrade will not be effective until the end of that billing cycle, and you will still be charged for that entire billing cycle at the higher tier.
Your Responsibilities. It is your responsibility to ensure your computer system or device meets all the necessary technical specifications to enable you to access and use the Services. To access certain Services, you may be required to create an account and specify a password. To create an account, you must provide current, complete, truthful, and accurate information as we may request. For your safety and security, you agree to use a strong, unique password that meets our minimum requirements. If your information changes at any time, you agree to update your account to reflect those changes. You will not sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms.
You agree not to misuse the Services or engage in activities that deviate from its intended use. Any use of the Services for purposes other than those intended by Provider is strictly prohibited and may result in suspension or termination of your account.
Professional Services. You may be able to contract with Provider to perform onboarding, implementation, training, configuration, consulting, or other professional services (the “Professional Services”). The specific details of the Professional Services to be performed, including the costs, fees, nature and other relevant terms, will be set forth in a written order form executed by and between you and Provider (an “Order Form”). Provider will not be obligated to perform any Professional Services until you and Provider have mutually agreed upon and executed an Order Form with respect to such Professional Services.
Provider warrants that the Professional Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards. For any breach of the above warranty, your exclusive remedy and Provider’s entire liability will be the re-performance of the applicable Professional Services. If Provider is unable to re-perform the Professional Services as warranted, you will be entitled to recover the fees paid to Provider for the deficient Professional Services. You must make any claim under the foregoing warranty to Provider in writing within ninety (90) days of performance of such Professional Services in order to receive warranty remedies.
2. ACCOUNT DURATION
While Provider reserves the right to cancel your account, as a general matter, all Provider user accounts are maintained perpetually unless and until cancelled by the user. Provider may terminate or suspend your account at any time for lack of use, lack of payment, breach of these Terms or any other reason at its sole discretion. Termination of your account will not affect your obligation to pay any outstanding fees due or that may have accrued through the effective date of the termination.
Following any account cancelation, Provider may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time Provider maintains account information shall be in the sole discretion of Provider.
3. ACCOUNT CANCELLATION/TERMINATION
You may terminate or close your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below. To cancel, you may do so by 1) accessing your online account or 2) calling customer support at 314-455-6370, Monday through Friday, 7 AM to 7 PM Central Time, other than major holidays. You will be asked to verify your account information and confirm your intent to cancel your account.
Monthly Service Plan. You are free to end your monthly service plan at any time.
- If you terminate your monthly service plan during the free trial period, you will not be charged any service fee.
- If you terminate your monthly service plan within the first thirty (30) days from signing up, you will receive a full refund of any monthly service fees paid (you will not be refunded postage or insurance fees).
- If you terminate your monthly service plan after the first thirty (30) days, your account will be handled as follows at the discretion of Provider: (i) either a pro-rated/partial refund of that month’s service fee will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that month’s billing cycle, no refund will be given and the account will be closed and no longer accessible.
4. FREE TRIAL OFFER TERMS; BETA SERVICES
Free Trials. If you select to sign up for Provider’s “free trial”, then you will not be charged a service fee for the period of the free trial offer; i.e., even if you fail to cancel following the trial period, you will not incur a service fee for the trial time period. At the conclusion of the free trial, if you wish to continue service you must choose a service plan and accept the terms.
Beta Services. You may be invited to participate in a beta program or beta service offered by Provider (collectively, “Beta Services”). By agreeing to and complying with these Terms, we grant you a non-exclusive, revocable, non-transferable, limited license to use the Beta Services on an “as is” and “as available” basis. The Beta Services may contain bugs, defects, errors and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES. TO THE FULLEST EXTENT PROVIDED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES RELATING TO YOUR USE OF THE BETA SERVICES. In addition, we are not obligated to provide any maintenance, technical or other support for the Beta Services.
As part of using the Beta Services, you will be asked to provide feedback regarding your use of the Beta Services. You acknowledge that Provider owns any feedback provided, and you hereby grant to Provider, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such feedback into any of our products or Services at any time at our sole discretion. If we choose to publish such feedback, we will either do so in a way that does not identify you or seek your consent in the event we do wish to identify you. We may also monitor how you use the Beta Services and use that information to improve the Beta Services or our other products and Services.
We reserve the right to modify or terminate the Beta Services, or your use of the Beta Services, to limit or deny access to the Beta Services and/or participation in the Beta Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You acknowledge and agree that the Beta Services constitute confidential information of Provider, which you agree not to share with anyone other than other authorized users of the Beta Services.
5. METHOD OF PAYMENT
Provider currently accepts Visa, MasterCard, American Express, and Discover. Certain users will be approved to set up an automated debit from your bank savings or checking account. Acceptable payment methods are subject to change at any time. You must include correct information (e.g., the address and phone number the payment credit card issuer has on file for you) when enrolling. Incorrect information may cause delays in establishing service. All information received from you, including credit card and/or bank account information, will be treated in accordance with Provider’s Privacy Policy. Please note that Provider may receive updated information regarding your payment card account, debit card account or bank account from your financial institution and by accepting these Terms you hereby consent to such updating. For example, Provider may receive updated card expiration date or account number information. During account registration, Provider may verify that your payment card is valid for the service fees associated with your service plan.
Debit Notice Waiver: If you elect to pay Provider via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) to receive ten days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance, hidden postage labels, reset fees or other non-recurring charges.
Billing for Fees: Provider’s service fee and any other applicable fees due, including fees for postage or shipping (if applicable), will be automatically charged to account holder’s credit card, debited from the account holder’s debit card or collected via direct account withdrawal from the account holder’s bank account (as directed by the user). Account holders who use ShipWorks One Balance will be automatically charged their monthly service fee as well as a preset amount at the beginning of each billing cycle. ShipWorks One Balance users will also be charged such preset amount each time the balance available in the ShipWorks One Balance is not sufficient to print a label requested by such a user. The minimum preset amount is $10 and the maximum is $500. Higher auto pre-funding amounts may be set within the Provider Site.
The billing entity for part or all of the services provided by Provider may be that of a subsidiary, affiliate or partner organization of Provider and you hereby consent to any such billing, including changes to the billing entity from time to time.
6. API TERMS
Provider may make an API (Application Program Interface) available to Customers in Provider’s sole discretion. Customers may access their ShipWorks account data via an API. Any use of the API, including use of the API through a third-party product that accesses ShipWorks, is bound by the Terms plus any terms applicable to the API.
7. GLOBALPOST TRANSACTIONS
Third Party Partners: Certain shipping transactions may be offered through our affiliate’s GlobalPost service and related services (hereafter, “GlobalPost”). If you ship eligible items to a destination through GlobalPost, you may first be required to ship the item through a third party parcel processing facility which will then route the item to the destination address. You acknowledge and agree that one or more third-party global shipping provider(s) may oversee the processing, customs clearance, and shipment of the item so long as it meets the terms and conditions of this program and any other applicable third party requirements. Eligible shipment items and quantities are generally governed by the origin and destination country’s postal regulations, import and export laws, rules and requirements. Ineligible items that are shipped may be returned, seized or destroyed pursuant to such laws, rules and requirements. Please contact us for additional information about eligible items and quantities. You acknowledge and agree that GlobalPost and our third party partners have the absolute discretion to disable the GlobalPost service from your account. You acknowledge and agree that GlobalPost may act as the service provider for certain USPS services, including for international carrier products.
Bulk Inbound Shipping Services: If you are using Bulk Inbound Shipping Services, such as GlobalPost SmartSaver or any other branded bulk inbound shipping services offered by Provider, then you are responsible for printing and affixing the following two labels: (1) the designated shipping label to each parcel, which contains the parcel’s final destination address; and (2) the third party carrier label addressed to the assigned processing facility for the receptacle containing the bundled parcels. You may be provided USPS labels for the receptacle(s) which must be used by the ship date printed on the label; otherwise, the receptacle label(s) will be automatically refunded and unusable. If you are not provided with USPS labels, you may be provided with an account number for a third party carrier. Such account number shall only be used to print shipping labels for the instructed service for your receptacle(s) shipped to the processing facility. In the event that labels are generated that are not used for the Bulk Inbound Shipping Services or the instructed service, Provider will charge you for shipping costs and may assess an additional fee and/or disable the program on your account. Parcels that do not reach the instructed location including parcels that are sent to the incorrect location, may not be processed through the bulk inbound shipping services. Parcels that do not have the correct bulk inbound shipping label may not be processed.
Pickup Services: If you are using Pickup Services, such as GlobalPost SmartSaver Pickup, or any other branded pickup service offered by Provider, then you are responsible for affixing the designated pickup label on each parcel and may be required to bundle the parcels into a receptacle. The receptacle and/or parcels must be picked up by our assigned carrier(s) at designated time(s)/date(s). In order for the parcel to be picked up successfully, you must follow the prescribed procedure for local pickup (below). Failure to follow the guidelines, may impact the deliverability of the parcels and cost of the services. Each parcel will be subject to the same restrictions and policies as GlobalPost, unless noted otherwise in these Terms.
Procedures for Pickup Services: Guidelines for pickup services may be found by clicking here.
Interchangeability of Services Used: Provider may substitute services in its sole discretion, but Provider generally offers substitute services that are similar to the originally selected service. In the event that another service is used, commercially reasonable efforts will be made to maintain a similar service standard.
Fees and Adjustments: The fees for GlobalPost are included in the shipping rates provided to you and the rate charged will be based on the rates that are available for your account. For parcels where you provide incorrect shipping details about the parcel (such as weight, address, dimensions, service type or package type), GlobalPost reserves the right, at its sole discretion, to either (i) deliver the parcel(s) at an increased rate that will be automatically charged to you, (ii) return the parcel(s) to you with the cost of the return and processing of the return charged to you, or (iii) destroy the parcel(s). In the event that the assessed rate cannot be calculated using the GlobalPost rates (for example, in the event that the actual weight of the shipment exceeds the maximum weight supported by the program), you will be charged for the replacement service, which may include a domestic label, if applicable. For example, you might be automatically charged for a domestic Priority Mail Retail Package (rated based on transportation from your facility to the third-party shipping facility, and any balloon/oversized surcharges as required per USPS rates and requirements) plus the cost of a Priority Mail International Retail Package (rated based on transportation from the third-party shipping facility to your intended international recipient, plus any balloon/oversized surcharges as required per USPS rates and requirements). Note that in the event that Provider does not supply a domestic label, domestic Priority Retail Package rates will not be included in any adjustments.
Duties and Taxes: Some GlobalPost services offer expedited customs clearance which require full payment of duties and taxes. GlobalPost provides various ways to pay duties and taxes, including and not limited to: (i) duties and taxes are deducted from your account balance; or (ii) duties and taxes are collected by GlobalPost from the recipient before their parcel leaves a GlobalPost processing facility. Improper classification of items in your parcel could result in adjustments to your account balance, an increase in the amount collected from the recipient, delay, disposal, or return. Note that due to international currency changes, the amounts may vary based on currency conversion at the time of your transaction. An additional administration fee related to the collection of duties and taxes may also apply. If your transaction requires the payment of duties and taxes by the recipient and your recipient refuses to pay for those amounts, you may be required to pay for the goods to be returned/destroyed or for other amounts imposed.
Refunds: No refunds shall be applicable for a GlobalPost shipment that has been provided to any carrier. In addition, no rate credits shall be applied in the event your shipment could have qualified for a less expensive rate but you did not select that rate.
Undeliverable Parcels: A parcel is considered undeliverable if (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) delivery cannot be made because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (iii) the parcel is unable to clear customs, (iv) the recipient refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the parcel would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the parcel contains restricted, illegal, or otherwise prohibited items, or (vii) the parcel’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the parcel is undeliverable for any reason, we may attempt to notify you and to arrange for the return of the parcel, subject to any local regulatory restrictions. Additionally, we may, in our sole discretion, return the parcel to you or dispose of the parcel. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable parcel.
Parcel Coverage: In the event your parcel is lost and/or damaged prior to delivery, the GlobalPost service offers a limited Parcel Coverage program pursuant to the following terms. Note, Parcel Coverage through GlobalPost is not package insurance. Actual package insurance must be added as a separate transaction.
- Parcel Coverage may only be requested for parcels that receive one or more GlobalPost tracking events, beyond the initial acceptance event and are either never received by the recipient and/or are damaged.
- Parcel Coverage will be limited to the sum of the value of the contents as specified on the customs form at the time of shipment less any salvage value (the total amount not to exceed $100 unless indicated otherwise) PLUS the amount the shipper paid for shipping fees for the respective GlobalPost service.
- Requests for Parcel Coverage must be filed between 30 and 90 days from the original ship date using the claim form available on our website and must be signed by you and the addressee, click here for additional information.
- In order for GlobalPost to consider a claim for damage, the contents, original shipping cartons, and all packaging material must be available to us for inspection. Your claim may
be denied if the shipment cannot be made available to us or we find the shipment was not adequately prepared according to the GlobalPost Shipment Preparation Guidelines which can be found by clicking here. - Coverage is not applicable to undeliverable and rejected parcels or parcels that contain restricted, illegal, or otherwise prohibited items.
- You should review the laws and regulations of the destination country to ensure that your parcels will not be rejected on the basis that it contains restricted, illegal or otherwise prohibited items. In the event that your parcel contains such items, the carrier or customs official reserves the right to dispose of your parcel without any compensation to you.
Appointment of Agent: Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your recipient, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Provider’s third party shipping partner(s) acting as your recipient’s forwarding agent. You remain liable for the accuracy of information you provide about shipments, and you agree to provide timely responses to requests for additional information.
Right of Inspection: You agree that we, our shipping partners, or any governmental authority including customs and security may open and inspect your shipment at any time. You acknowledge and agree that GlobalPost, our shipping partners, or any governmental authority may, at its sole discretion, decide to dispose of a parcel in the event a determination is made that such destruction is required (for example, prohibited items are shipped through GlobalPost or there is suspected fraud associated with the transaction).
Sharing of Information: Notwithstanding anything in the Provider Privacy Policy to the contrary, you consent to the disclosure of certain personally identifiable information, as well as shipping item information, by Provider and its partners to any third party shipping partner utilized as part of the GlobalPost service, and, in addition to other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any shipment. Provider cannot control the privacy policies of its third party partners their service providers and you hereby waive any claim related to the disclosure of personally identifiable or shipment information as part of GlobalPost.
Transit Times: Some GlobalPost transactions may include a quoted transit time, which represents an estimate by Provider for the respective service; actual transit times may vary. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
Countries Served: A list of countries approved to ship to under this agreement can be found by clicking here. We reserve the right to add or remove countries from this list at any time.
Additional GlobalPost Info: Additional information about GlobalPost, including policies governing eligibility, service delivery times, weight and size restrictions, handling of lost, damaged, and undeliverable items, rates, shipment insurance, returns, and refunds can be found by clicking on the GlobalPost webpage.
8. CONTENT COPYRIGHT; INTELLECTUAL PROPERTY RIGHTS
You acknowledge that (i) content on the Site and content available through the Services is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content. Any other use, including but not limited to the reverse engineering, decompiling, altering, modifying or disassembling of our source code or the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited.
Each party shall retain all right, title and interest in any of its respective patents, copyrights, trademarks, domain names, trade secrets, inventions, know-how and any other intellectual property and/or proprietary rights (“Intellectual Property Rights”). The limited rights granted to you to use the Services under these Terms do not convey or otherwise transfer any additional rights in the Services or in any Intellectual Property Rights of Provider associated therewith. Subject only to limited rights to access and use the Services as expressly stated herein, all rights, title and interest in and to the Services and all hardware, software, algorithms, models and other components (“Software”) of or used to provide the Services, including all related Intellectual Property Rights, will remain with Provider and belong exclusively to Provider.
You shall not use the Services for any purposes beyond the scope of the access granted in these Terms. You shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Services or documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or documentation; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services or documentation; (v) use the Services or documentation in any manner or for any purpose that infringes, misappropriates, or otherwise violates any Intellectual Property Rights or other right of any person, or that violates any applicable law; (vi) hack the Services or otherwise attempt to gain unauthorized access to the Services or related systems or networks; or (vii) attempt to bypass or break any security mechanism or use the Services in any manner that interferes with or disrupts the integrity, security or performance of the Services or its components.
9. PATENTS
Covered by and/or for use with U.S. Patents 6,244,763; 6,939,063; 7,216,110; 7,236,956; 7,236,970; 7,458,612; 7,490,065; 7,743,043; 7,818,267; 7,831,524; 7,844,553; 7,882,094; 8,027,926; 8,041,644; 8,103,647; 8,240,579; 8,255,337; 8,374,970; 8,392,391; 8,489,519; 8,600,910; 8,626,673; 8,626,674; 8,751,409; 8,762,290; 8,768,857; 8,843,464; and 8,954,355.
10. TRADEMARKS
Interapptive, ShipWorks, Ship with Joy, ShipWorks and associated brand names and domain names are trademarks of Provider in the United States and/or other countries. Provider trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among your customers, or in any manner that violates applicable law. All marks not owned by Provider are the property of their respective owners. You may not use, and nothing contained on the Site or in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Provider or the respective owner of such trademark, service mark or logo.
11. USE OF SITE
This Site, any portion of this Site, and any materials made available by Provider through the Site, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Provider. Provider reserves the right to refuse service, terminate or suspend accounts, and/or cancel orders in its discretion, including, without limitation, if Provider believes that a user’s conduct violates applicable law or these Terms. Any use of content or descriptions; any derivative use of this Site or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Site or any content contained therein. By using this Site, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
12. COPYRIGHT INFRINGEMENT
Provider respects the intellectual property of others. Copyright infringement will not be tolerated. If you believe that your work has been copied in a way that constitutes copyright infringement, please alert us at [email protected].
13. SOFTWARE AVAILABLE ON THE SITE
Software that is made available from the Site (“Software”) is the copyrighted work of Provider and/or its suppliers. Your use of the Software is governed by the Terms. You may not use any Software or the Site unless you first agree to the Terms, after which Provider hereby grants to you, the user, a personal, nontransferable license to access the Software for viewing and otherwise using the Site in accordance with these Terms, and for no other purpose, provided that you keep intact all copyright and other proprietary notices contained in the Software. All Software is owned by Provider and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR OTHER LOCATION FOR REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S. export restrictions.
Software usage is subject to compliance with the Terms and is provided for no additional consideration on a non-transferable, limited, revocable, royalty-free basis.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, THE SERVICES, OR THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THIS SITE, THE SERVICES, OR THE SOFTWARE, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED YOUR PREVIOUS MONTH’S PLAN COSTS, WHEN APPLICABLE, FOR SERVICES DURING THE PERIOD IN WHICH YOU INCUR SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
You should note that, in some circumstances, the liability of a carrier is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999) and the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions.
15. DISCLAIMER
THIS SITE, SERVICES, AND SOFTWARE ARE PROVIDED BY PROVIDER ON AN “AS IS” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR SOFTWARE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE AND THE SOFTWARE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.
16. LINKS TO THIRD PARTY WEBSITES
The Provider and affiliated websites may contain links to third party websites (“Linked Websites”). The Linked Websites are not under the control of Provider and Provider is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. You should contact the site administrator or webmaster for those Linked Websites if you have any concerns regarding such links or the content located on such Linked Websites. You are responsible for following the terms and conditions of all Linked Websites, including carriers and other third party providers of services.
17. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATION; AND CLASS WAIVER
You and Provider agree that, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Provider services, Site, your account(s), offers, user interfaces, our Privacy Policy or our privacy practices generally, these Provider Terms, and this “Agreement to Arbitrate,” shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms and the termination of your Provider account(s).
PRE-FILING MEDIATION. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written Notice of claim (“Notice”). If you are the claimant, the Notice to Provider must be addressed to: Interapptive, Inc. / Dispute Resolution, 4301 Bull Creek Road, Suite 300, Austin, Texas 78731, with a copy to Legal Department – 4301 Bull Creek Road, Suite 300, Austin, Texas 78731. If Provider is the claimant, the Notice must be addressed to the address used for your account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.
ADDITIONAL ARBITRATION PROVISIONS:
Settlement Offers: During the arbitration, the amount of any settlement offer made by Provider or you shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 8007787879.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after Provider receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US $10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 18007787879. The arbitrator is bound by the requirements of this section of the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.
Location of Hearing: Unless Provider and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Award Enhancement: If the arbitrator issues you an award that is greater than the value of Provider’s last written settlement offer made before an arbitrator was selected (or if Provider did not make a settlement offer before an arbitrator was selected), then Provider will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Class Waiver: YOU AND PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Provider agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this section shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.
18. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Provider that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, or the laws and regulations of the jurisdiction in which you are located or to which your envelope or parcel was sent. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Site. Provider 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, at Provider’s sole discretion.
19. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Provider, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, Services, and Software; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Site.
20. MATERIALS PROVIDED TO THE SITE
Users of the Site may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, threatening, abusive, harassing, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. You agree not to impersonate any person and/or other entity or communicate under a false name or a name that you are not entitled or authorized to use. Provider has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on the Site, including content that has been posted by users that violate these Terms or applicable law.
Provider does not claim ownership of the materials you provide to Provider (including feedback and suggestions) or post, upload, input or submit to Provider or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Provider, its affiliated companies and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, prepare derivative works of, and otherwise exploit your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Provider is under no obligation to post or use any Submission you may provide and may remove any Submission that violates these Terms or applicable law at any time at Provider’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and that your Submission is not based on, or derived from, the proprietary information or items of a third party.
21. GOVERNING LAW
For any actions not subject to arbitration, you and Provider hereby irrevocably agree to submit to the personal jurisdiction of a state or federal court located in Austin, Texas, including for all matters arising out of or relating to the Services or these Terms. These Terms and the relationship between you and Provider shall be in all respects governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule, except that the Federal Arbitration Act governs all provisions relating to arbitration.
22. U.S. GOVERNMENT USERS RESTRICTED RIGHTS
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Site, Services and/or Software by the Government constitutes acknowledgment of Provider’s proprietary rights in them. The Site and Software may contain other proprietary notices and copyright information which should be observed.
23. PROHIBITED ACTIVITIES; INELIGIBLE ITEMS
You shall not transmit to Provider or upload to this Site or the Software any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
You may not use your password or API keys for any unauthorized purpose. You may not use the Site, Services, or Software for activities that:
- violate any law, statute, ordinance or regulation relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law;
- relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;
- involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;
- violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices;
- involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law.
In addition, certain items may not be eligible for mailing or shipment. Eligible items and quantities are generally governed by origin and destination country’s postal regulations, import and export laws, rules and regulations, and the applicable carrier’s rules and regulations. It is your responsibility to comply with all laws, rules and regulations related to your shipment. Ineligible items may be returned, seized, destroyed or disposed of. Ineligible items include (i) any goods which are prohibited by law or regulation, or any hazardous materials, dangerous goods or other items which are subject to regulation by Title 49 of the U.S. Code of Federal Regulations, and (ii) unless expressly agreed in writing by Company and the applicable carrier and permitted under applicable laws, rules and regulations, aerosols, air bags, alcoholic beverages, ammunition, animals, insects & furs, dry ice, explosives, firearms & other weapons (including imitations or replicas), gasoline, glues, hazardous materials, hemp-based products (including CBD), human remains & medical waste, lithium batteries, marijuana (medical or otherwise), matches, medicines & prescription drugs, nail polish, paint, perfumes (containing alcohol), perishable items, poisons, tobacco products (including e-cigarettes, e-cigars, e-hookah, vape pens, advanced refillable personal vaporizers and electronic pipes), flowers, plants & seeds, high value items (e.g., fine art, gemstones, precious metals, jewelry, stamps, coins, cash), and indecent or obscene materials. The lists above are not exhaustive, and they may be updated at any time.
24. TERMS REGARDING SHIPPING INSURANCE
You may be able to purchase shipping insurance, underwritten and administered by third parties, through the Site or Software. Provider is in no way responsible for any loss, liability, claim, or demand that relates to shipping insurance. You are solely responsible for ensuring that listings you add insurance to are covered under the applicable coverage, terms, conditions, and exclusions of such third parties.
All rules, terms and policies related to shipping insurance offered through the Site shall be governed by the Insurance terms and conditions found by clicking here.
25. MISCELLANEOUS
ACCOUNT ACCESS: All transactions originating from your account are your responsibility. Please be mindful of whom is given access to the account, as the account holder is responsible for all charges incurred.
ACCOUNT DELINQUENCY: If you fail to pay your monthly service fee for three months or longer or you maintain a negative account balance, Provider may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, Provider may charge a $25.00 processing fee.
AUTHORITY: By completing the registration process, you agree to pay all fees incurred on your account in accordance with the terms of the service plan selected by you. If you change service plans or your account is automatically converted pursuant to this section of Terms, you agree to be bound by the payment terms of the new plan. If a Provider account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with Provider on behalf of the business or other entity who is the responsible account holder.
COLLECTION: Each party agrees that if timely payment by the other of any amounts due is not made, the aggrieved party may pursue the claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.
CREDIT VERIFICATION: Provider reserves the right to verify the credit of all persons or companies applying for services.
NO SUBLICENSE OR THIRD PARTY USE: You may use your Provider account for transactions for your own direct use. Provider does not grant the right to sublicense, resell, offer, or utilize any Provider products or services such that Provider products or services are stored, loaded, installed, combined, integrated or displayed as part of a product or software offering (including as part of an application programming interface) of yours to other third party products and services. Provider does not allow you to sublicense, resell, offer, or utilize Provider products or services to third parties (including customers of yours). If Provider determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Provider reserves the right to immediately suspend or terminate your service/account (without notice).
ORDER ACCEPTANCE/REJECTION: Provider reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.
RELOCATION: You agree to provide updated address information to Provider in the event of relocation.
RISK OF LOSS: The risk of loss and title for non-postage products purchased from Provider passes to you upon our delivery of the purchase to our common carrier for delivery to you.
SALES AND VALUE ADDED TAXES: Tax is not collectable on the purchase of postage. If required by applicable law, sales / value added tax (VAT) is charged/collected on non-postage purchases. You are responsible for the payment of all sales, use, VAT, or other taxes owed on products or taxable items utilized regardless of whether such taxes are collected by Provider at the time of purchase.
SERVICE CHANGES: Provider reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of its services, in its sole discretion, with or without notice, all without liability to you, except where prohibited by law. Provider reserves the right, in its sole discretion, to offer selected products from its third-party partners, to each individual customer and does not warrant or represent that a full complement of services from each partner will be available through Provider’s services. Provider may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels.
SEVERABILITY: If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Provider. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.
THIRD PARTY TERMS AND CONDITIONS: You are responsible for following the terms and conditions of all carriers and partners accessed through the Site. Please visit each individual website to obtain and review their terms and conditions. Use of carrier or partner services via the Provider platform is at your own risk. Provider is not responsible for your use of carrier or partner services. Your use of carrier or partner services is as a direct customer of the specific carrier or partner of your choosing and you agree to be bound by the terms and conditions of that carrier or partner for use of services, including the payment of any fees associated and a carrier’s right to open, inspect and assess your package before and after collection.
SITE MISTAKES: Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
COMPLIANCE WITH LAW: You represent, warrant and agree that your use of the Services will comply with all applicable laws and regulations. You’re responsible for determining whether the Services are suitable for you to use in light of your obligations under any applicable laws, rules and regulations in your jurisdiction or the jurisdiction to which you are shipping, including any applicable data or privacy laws or regulations, such as the Health Insurance Portability and Accountability Act, the Gramm-Leach-Bliley Act, or any European Economic Area, European Union, the United Kingdom, or Switzerland data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), or any United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”). If you’re subject to laws, rules or regulations and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the U.S. Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared for the purposes of providing any Service or as otherwise directed by you.
If you collect any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.
FORCE MAJEURE: If the performance of any part of these Terms by any party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, pandemic, judicial or governmental action (including, but not limited to, any law, regulation, or embargo prohibiting the performance contemplated under these Terms or the failure or refusal of a government agency to issue a license required for any performance pursuant to these Terms), labor disputes, act of God, or any other cause beyond the reasonable control of that party, the party will be excused from such performance to the extent that it is prevented, hindered, or delayed by such cause. The party prevented from performing by a force majeure event will use commercially reasonable efforts to recommence its performance as soon as reasonably practicable.
APPENDIX A
(Additional Terms Related to ShipWorks One Balance)
This Appendix A to the ShipWorks Terms of Service (“Terms”) is applicable for all ShipWorks One Balance users. If there is a conflict between the Terms and Appendix A, the terms of Appendix A shall control. All defined terms not herein defined are defined in Terms. Please click here for an article describing what services are offered under ShipWorks One Balance.
ShipWorks One Balance will allow you to maintain an account balance with Provider, such that payment for various carriers and services can be made by Provider on your behalf, using rates provided to Provider by the carriers or partners of Provider. You hereby authorize Provider to maintain a carrier account for you that will only be valid on the ShipWorks One Balance platform and will not be portable or transferable outside ShipWorks One Balance, unless allowed by Provider and the individual carrier, at their sole discretion. Prior to accessing each carrier through ShipWorks One Balance, you must accept any terms and conditions required by such carrier for their services. You are not required to accept accounts from each carrier offered by ShipWorks One Balance, as you will be able to opt out of any carriers that you do not intend to use, or for which you have a pre-existing relationship. You may not use your own account number, not created through a relationship with Provider, within ShipWorks One Balance and instead must use the standard Provider platform. Notwithstanding anything in this Appendix A to the contrary, all applicable carrier rules and terms shall be applicable for the services provided and Provider accepts no liability or responsibility for the failure of delivery or failure of the services of any carrier.
PROVIDER ACCOUNTS
You must pay for any variable transactional fees including for, among other things, mailing, shipping, duties and fees, and package insurance purchased in addition to Provider’s service fee. In order to use Provider accounts for any mailing and shipping services, you must pre-fund your Provider account in an amount equal to or greater than the mailing or shipping service to be purchased. All purchases, debits and adjustments will be reflected in your Provider account balance. Please note that your Provider account is managed by Provider, through its parent company, and although our records will account for the amounts that you have posted, the funds are maintained in a pooled account. In the event of any losses, failure or other insolvency of the bank used, Provider may be afforded FDIC insurance on the account, (individual account holders are not entitled to such insurance) and Provider may then allocate any insurance proceeds for all account holders; however, you may not be entitled to receive a refund of all amounts posted with Provider. In the event of any failure or insolvency of Provider, because the amounts held in your Provider account are not insured, they may not be fully refunded.
Provider accounts will be used to fund purchases by users of ShipWorks One Balance including postage from the USPS as well as shipping charges from other carriers. A portion of Provider user account balances are linked to virtual postage meters authorized by the U.S. Postal Service (“USPS”), through our relationship with our parent company, Auctane, Inc.
Virtual postage meters permit the printing of PC postage; absent such meters, Provider could not provide the services it offers. In certain instances, a virtual postage meter may be set up on your behalf and exclusively used to hold your account funds and purchase postage on your behalf (a “personal virtual postage meter”). In other instances, multiple Provider account holders will be aggregated in a group of virtual postage meters, which may be opened and owned in the name of Provider or one of its business partners (an “aggregate virtual postage meter”). When you pre-fund your account to conduct mailing and shipping transactions, the funds you provide will be processed by Provider and either (i) deposited in its general account and reflected in your account balance or (ii) funded directly to the USPS and reflected in your account balance. Your account balance may be utilized for any service provided by ShipWorks One Balance, including shipping with multiple carriers, insurance and your monthly service fee. Purchases made through the Provider store for supplies may be billed to your main user account or a new account specifically for Store purchases may be required, at Provider’s discretion.
Provider, or business partners of Provider, will separately deposit funds to the virtual postage meter which is related to your Provider user account balance, as needed based on your mailing and shipping requests and the requests of other accounts assigned to that same aggregate virtual postage meter. As long as you have deposited sufficient funds into the account, Provider or its business partner will ensure that sufficient funds are deposited, with the aggregate virtual postage meter in order for you to print all of the postage and other transactions that you may request based on your Provider account balance. Please note that Provider may also apply your payment for increases to your Provider account balance directly to the applicable virtual postage meter (personal or aggregate) or into Provider’s general account. Such application of funds will not convert the aggregate virtual postage meter to which you are assigned into a personal virtual postage meter. Provider shall have complete and absolute discretion in deciding whether to assign you to a personal or aggregated virtual postage meter, whether to open a new virtual postage meter or use an existing one, whether to open the virtual postage meter in your name or to assign you to an existing aggregate virtual postage meter, and under whose name the virtual postage meter will be activated or maintained. Provider, moreover, may move your account from one virtual postage meter to another (whether personal or aggregate), with these variables, from time to time or at any time.
You acknowledge and agree that all mailing and shipping transaction pricing through a Provider user account is controlled by Provider. Provider business partners, including mailing and shipping carriers, consolidators, resellers, wholesalers, among others, provide certain rates that may be made available through ShipWorks One Balance by Provider in its sole and absolute discretion.
We do not always provide the lowest rates that may be available for your transaction, as rates are dependent on the service you choose and a variety of factors driven by your actions in using our software and by decisions from Provider and other business partners of Provider. You agree to the rate provided and displayed at the time of the transaction, as that amount may fluctuate. No refunds shall be applicable to transactions that could have been obtained at a less expensive rate, unless the transaction qualifies for a refund as provided for elsewhere in our terms.
COST ADJUSTMENT TRANSACTIONS
If you conduct a transaction with ShipWorks One Balance that is paid only when the label is used or if it is determined by Provider or a carrier partner of Provider that a mailing or shipping transaction did not contain sufficient funds (for example, not enough postage to cover a USPS shipment due to an underreporting of weight at time of print), Provider may automatically deduct the amount for the unpaid or short-paid transaction from your account balance. Provider also has the right, in its sole discretion, to make adjustments for surcharges, duties and fees determined by the carriers or the country shipped to. You will be able to review these adjustments in your account history and reports. If one or more of these payments cannot be collected from your account due to a lack of available funds, in our complete discretion, we may either, (i) charge the method of payment on file for the shortfall or (ii) your account may be suspended until you fund your account to cover all outstanding payments.
USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS
You may request a refund for mailing and shipping unused transactions through ShipWorks One Balance, subject to the following rules and limitations, for any unused or misprinted items:
AUTHORIZED USER REQUEST: You acknowledge and agree that Provider and/or its authorized partners, to the extent necessary by any carrier service, is appointed to act on your behalf to request and obtain refunds. In addition to Provider’s refund requirements set forth in this agreement, refund requests are further subject to the rules and requirements of Provider’s third party carrier services, including the USPS. Provider makes no guarantee that a refund will be made.
UNUSED OR MISPRINTED USPS POSTAGE: Unused and/or misprinted USPS mailing and shipping labels or “postage” shall be defined as an envelope, label, plain paper, label stock containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Postage handled and/or returned to sender shall not be considered valid unused and/or misprinted
postage.
UNUSED OR MISPRINTED CARRIER LABELS: Unused and/or misprinted pre-paid carrier shipping labels shall be defined as an envelope, label, plain paper containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Labels handled and/or returned to sender shall not be considered a valid unused and/or misprinted label.
TIME LIMIT: You must complete the refund request within the time limit required by each carrier. Please see each carrier’s terms and conditions on their website for additional information. If you have any questions, please email [email protected] or see www.ShipWorks.com for additional information.
For USPS and DHL Pre-paid labels, you must complete the refund request within thirty (30) days of generating the mailing or shipping label.
ACTIVE ACCOUNT REQUIRED: Your account must be active and in good standing to request a refund and at the time the refund is to be credited to your account, in order for the refund to be processed and your account to be credited.
REFUND PROCESS: Please visit our refund page to learn how to submit your refund request. You must follow all of the steps listed and provide all of the required information to initiate and complete your refund request, including the return or destruction, if required, of the printed or misprinted but unused mailing and shipping labels. Incomplete requests will not be processed.
REFUND REJECTIONS: You take the risk of the carrier partner improperly rejecting a refund request. Provider will not refund the transaction unless the relevant carrier partner approves the refund.
REIMBURSEMENT OF PROVIDER ACCOUNT: If a refund request is properly initiated by you within the timeframe required pursuant to Provider and carrier requirements, your account is active and in good standing, and the relevant carrier approves the refund, Provider will credit your account for the full value of the transaction to be refunded, as approved by the carrier. Refund processing times may vary. If you have an outstanding balance in any amount (including but not limited to for unpaid service fees or unpaid termination fees) you may not receive any reimbursement credit until your account is brought current. In addition, Provider may, in its sole and absolute discretion, deduct such unpaid fees from any refund otherwise due.
AUTOMATED REFUND REQUESTS: If your account is eligible and approved for automated refund request processing, Provider will identify labels that may be potentially eligible for refunds, submit refund requests on your behalf, and update your account balance once processed refunds are received. Provider shall charge a fee for all processed automated refunds that may be deducted directly from the total refunded amount. If you wish to avoid this fee, you must initiate the refund request directly within the time limits set by Provider and the relevant carrier or service provider.
Potentially eligible labels will be limited to labels that include any form of shipping label tracking codes or other identifying characteristics that are scanned and generated by Provider, subject to modification at any time at Provider’s sole discretion. You hereby authorize Provider as your agent in fact to submit automated refund requests on your behalf to carriers for any and all labels identified as being potentially eligible for refunds without further instruction from you and agree to cooperate in submitting the refund request and to take all steps necessary to perfect the refund request that may be reasonably requested of you. You hereby release Provider from any responsibility, any liability, or any causes of action arising out of or related to improper refund requests submitted by Provider on your behalf, including but not limited to refund eligible labels that were not identified or refund requests that were denied upon submission. It remains your sole responsibility to identify any labels that have not been automatically identified and submitted on your behalf by Provider. For instance, it may not be possible for Provider to determine if a label is eligible for refund due to missing the appropriate service level. Provider will use reasonable efforts to assist in each refund process, at the direction of the user.
DESTRUCTION OF UNUSED OR MISPRINTED USPS POSTAGE: All transactions printed through Provider with a designated mailing date expiry after that date, will be eligible for participation in the auto-refund program (for instance USPS transactions expire pursuant to the Code of Federal Regulations). USPS misprinted or unused labels must be destroyed or returned to the USPS, as provided in the Domestic Mail Manual (see Section 11), regardless of whether a refund is requested.
PAY-ON-USE SHIPPING LABELS: Provider’s Pay-on-Use shipping label feature, hereafter referred to as “Pay-on-Use” is a program offered to qualified Provider users. This program enables such qualified Provider users to print service shipping labels (either outbound or returns) for which shipping charges are paid when the label is scanned by the carrier in the mail stream (known as Pay-on-Use), rather than at the time the label is printed (known as pre-paid).
Payments: Provider will automatically debit the applicable account balance for shipping charges and any applicable transaction fees for any Pay-On-Use label that is scanned by the carrier in the mail stream. Because rates can vary over time, you hereby agree that the shipping charges debited from your account balance may be calculated based on the customer rate at the time the label is scanned by the carrier in the mail stream, not at the time the label is printed. In addition to shipping charges and other applicable account fees, Provider reserves the right to charge additional fees for participation in the Pay-On-Use Program. You are responsible for paying for any Pay-On-Use label that is scanned before the applicable label’s expiration date (expiration dates vary by carrier).
Restrictions: Pay-on-Use labels designated as return labels shall not be used as original outbound shipping labels. Pay-On-Use labels are not eligible for refunds. If you participate in the Pay-On-Use program, you may be required to maintain balance sufficient to cover the cost of the Pay-On-Use labels. Your access to the Pay-On-Use program may be disabled immediately if Provider determines, in its sole discretion, that your account is delinquent or that you are misusing the Pay-On-Use program.
Termination: Even after your account is terminated (by you or Provider), you must still pay for any Pay-On-Use labels that are scanned before the labels’ expiration dates.
POSTAL POSTAGE ACCOUNT REQUIREMENTS
As noted elsewhere in these Terms, your ability to print USPS postage in ShipWorks One Balance is facilitated by Provider’s parent company, Auctane, Inc., an authorized PC Postage provider. Therefore, as a result of accepting these Terms, you are also entering into an Agreement with the United States Postal Service (USPS) in accordance with the Domestic Mail Manual (DMM) 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems or “PES”). You accept responsibility for control and use of your account and the PES printed therefrom.
You acknowledge that you have read the Domestic Mail Manual 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems) and agree to abide by all rules and regulations governing its use.
Failure to comply with the rules and regulations contained in the DMM or use of the PES in any fraudulent or unlawful scheme or enterprise may result in the revocation of this agreement.
You further acknowledge that any use of this PES that fraudulently deprives the USPS of revenue can cause you to be subject to civil and criminal penalties applicable to fraud and/or false claims against the United States. The submission of a false, fictitious or fraudulent statement can result in imprisonment of up to five (5) years and fines of up to $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (3 U.S.C. 3802).
You further agree that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to remain up to date on the rules and regulations and to comply with any current and future rules and regulations regarding its use.
CARRIER TERMS
You agree to be bound by the terms and conditions of each carrier and partner accessed through the Provider platform, and must accept such terms and conditions prior to using such carrier’s or partner’s services. Please note that each carrier or partner may change their terms and condition within their sole discretion, and we strongly suggest that you visit each carrier’s or partner’s website regularly, to familiarize yourself with each company’s individual terms and conditions, as well as any potential changes, prior to using each service.