ACKNOWLEDGEMENT AND ACCEPTANCE. Read this carefully before completing your purchase for Personal Stamped Envelopes (Product). You (Purchaser) by utilizing this interface to purchase the Product, hereby ACCEPT ALL of the terms and conditions of this agreement.
DESCRIPTION OF INTERFACE. The interface used to purchase the Product (Interface) is a browser-based tool. The Interface envelope image is not to scale. The Interface allows Purchaser to select an envelope from an assortment of pre-stamped examples; select specific fonts, sizes, and colors; identify a specified endorsement if so desired; enter return address information; and purchase personalized envelopes that include pre-paid postage.
LICENSE GRANT. USPS grants to Purchaser a one-time, personal, limited, non-transferable, non-exclusive, non-sublicensable non-assignable and royalty free license to use the Interface, solely for this purchase of the Product in this instance. Purchaser agrees that the Interface is the sole property of USPS.
INTELLECTUAL PROPERTY RIGHTS. The Interface, including any associated USPS trademarks or any data generated while using the Interface, are the intellectual property of the USPS protected under U.S. copyright and trademark laws. User acknowledges that USPS owns all right, title and interest in the Interface. Except as expressly provided hereunder, User shall not use, reproduce, display, perform, distribute, adapt, modify, or reverse engineer, or sell any information, software or benefits obtained from the Interface or any USPS trademarks or data produced for or by or included therein.
USE REQUIREMENTS. The Purchaser understands that the Interface has been designed to work with Windows XP and higher, with Internet Explorer 6 and 7, Firefox 3, and Safari 2 and 3. It is also capable of operating from MAC OS X 10.4 and higher as well as Firefox 3 and Safari 2 and 3. Purchaser agrees that the utilized operating system and browser shall be fully patched and kept up to date such as Purchaser's installation of relevant service packs.
DISCLAIMER OF WARRANTIES. THE INTERFACE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE 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 FOUND WITHIN OR EXCHANGED BY THE INTERFACE IS ACCUR ATE OR RELIABLE OR THAT THE WEBSITE OR INTERFACE WILL BE FREE OF ERRORS OR VIRUSES.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL USPS BE RESPONSIBLE OR LIABLE TO PURCHASER OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INTERFACE OR PURCHASER'S INABILITY TO PURCHASE THE PRODCUCT WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL USPS BE LIABLE TO USER FOR ANY LOSS, DAMAGE OR CLAIM. IN THE EVENT A COURT OF COMPETENT JURISDICTION DETERMINES LIABILITY ON THE PART OF THE POSTAL SERVICE IN FAVOR OF PURCHASER RELATED TO THE USE OF THE INTERFACE OF PURCHASE, PURCHASER AGREES THAT IT'S DAMAGES SHALL BE LIMITED TO THE LESSER OF ACTUAL DAMAGES OR THE PURCHASE PRICE OF THE PRODUCT.
PRIVACY ACT STATEMENT. Purchaser's information will be used to provide the Product. Collection is authorized by 39 U.S. C. 401, 403, and 404. Providing the information is voluntary, but if not provided, we may not process your order. In this instance, the Postal Service may utilize third-party vendor(s) for the fulfillment of the Product, and shall provide the information to such vendor(s) solely to effectuate the delivery of the Product. Purchaser consents to such disclosure. We do not disclose your information to third parties without your consent, except to facilitate the transaction, to act on your behalf or request, or as legally required. Such disclosures include the following limited circumstances: to a congressional office on your behalf; to financial entities regarding financial transaction issues; to a U.S. Postal Service auditor; to entities, including law enforcement, as required by law or in legal proceedings; and to contractors and other entities aiding us to fulfill the service (service providers); and to domestic and international customs pursuant to federal law and agreements. For more information regarding our Privacy Policy visit www.usps.com.
INDEMNIFICATION. Purchaser will indemnify and hold USPS harmless from all claims, damages, costs and expenses related to the operation of the Purchaser's computer and network that occur as a result of use of the Interface. In such instances, Purchaser shall permit the Postal Service to participate in any defense and shall seek the Postal Service's written consent prior to entering into any settlement.
MAILER RESPONSIBILITY. Purchaser must comply with all applicable postal standards, including those in the Domestic Mail Manual and the International Mail Manual. In the event of a conflict between USPS Web site information and Mail Manual information, the USPS Mail Manuals will control. Postal Service rules governing the Product can be found in the Domestic Mail Manual Section 604.2 entitled "Personal Stamped Envelopes." The Purchaser agrees to abide by all applicable Postal Service rules and regulations when utilizing the Product. Consult with your local Postmaster for any questions regarding mailing or to review the Domestic Mail Manual, the International Mail Manual, or other applicable Postal Service rules or regulations.
APPLICABLE LAW. This agreement shall be governed by United States Federal law.
