Terms and Conditions of Use for USPS® Mobile Services

Terms and Conditions of Use for USPS® Mobile Services

This Terms of Use Agreement (this "Agreement") is a legal agreement between you (“You” or “User”) and the United States Postal Service®, an Independent Establishment of the Executive Branch of the United States Federal Government (“USPS®” or “Postal Service®”). The Agreement sets forth the terms and conditions for your use of the USPS’s Mobile web site (“USPS Mobile™” or “Service”) and includes specific terms and conditions for applications developed for some mobile devices (“Application” or “USPS Application”) that provide content and services to such mobile devices via USPS Mobile or via usps.com®, the Postal Service’s primary world wide web presence. This Agreement is concluded between you and USPS only, and not with any other telecommunications company, software provider, or device manufacturer. USPS is solely responsible for the services, content and materials provided through usps.com or USPS Mobile, which includes the USPS Application. User acknowledges and agrees that he or she is solely responsible for and shall abide by these Terms of Use and any secondary website or services’ terms of use or guidelines affiliated with the Service or linked to through the Service as well as all policies, procedures and regulations of the United States Postal Service®.

Modification of These Terms of Use

The Postal Service reserves the right to change the terms, conditions, and notices under which the Services are offered. You may review the most current terms and conditions of use at http://m.usps.com/terms.aspx. 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 any of the Services. 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 these Terms of Use from time to time to ensure compliance with these terms and conditions. For information about our privacy policy, please visit www.usps.com/privacyoffice

Intellectual Property – License Grant and Restrictions

This Service and any accompanying Applications provided to You by the USPS are for User’s personal use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Service. Material provided by the Service is the copyrighted property of the United States Postal Service (“Postal Service™”). All rights reserved. The information and images presented here may not under any circumstances be reproduced or used without prior written permission. You may view and download material from this Service only for personal, non-commercial use; where the materials clearly state that these materials may be copied and reproduced according to the terms stated in those particular pages; 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 in the United States for personal non-commercial purposes only. USPS also grants to you a non-transferable license to use the Application on any device that you own or control as permitted by the Usage Rules set forth in the device manufacturer’s terms of use. Any violation by you of the license provisions contained herein may result in the immediate termination of your right to use the Service and the Application. 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 OR THE APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
You agree that you will not:
- use the Service or the Application 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 the Application except for uses related to your personal mailing and purchase of USPS products and services;
- provide your password, if required by the Service or the Application to any other person;
- translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Service or the Application or any portion of them;
- circumvent any technology used by the USPS or its licensors to protect content accessible via Service or the Application;
- rent, lease or sublicense any of the information provided through the Service or the Application; or
- use the or the Application 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 and the Application. All title and intellectual property rights in and to the content in the Service and the Application 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 Application contains the trademarks, service marks, graphics and logos of the USPS and may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to such USPS trademarks or the trademarks of any third party.

Updates, Maintenance and Support

USPS may from time to time make available to all users of the Service or the Application, 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 or the Application that USPS makes available generally to users of the Service or the Application. Notwithstanding anything else contained in this Agreement, USPS will have no obligation to continue producing or releasing new versions of the Service or the Application or any updates thereto. USPS is solely responsible for providing any maintenance and support services with respect to the Application, as specified in this Agreement, or as required under applicable law.

Links to Third-Party Sites

The Service and the secondary websites and services also 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-610-2007-4. The Postal Service does not monitor websites linked to by User, and the use of any such links is performed strictly at the User's own risk. IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ACTIVITY OCCURRING ON NON-POSTAL SERVICE WEBSITES WHEN A USER LINKS TO SUCH SITE FROM THE SERVICE.

No Unlawful or Prohibited Use

As a condition of your use of this Service, you warrant to the Postal Service that you will not use the Service for any purpose that is unlawful or prohibited by these Terms of Use.
User agrees that when using the Service that User shall not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer. Advertise or offer to sell any goods or services for any commercial purpose. Conduct or forward surveys, 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. Restrict or inhibit any other user from using and enjoying the Service.
The Postal Service reserves the right to terminate User’s access to the Service at any time without notice for any reason whatsoever. The Postal Service reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Postal Service's sole discretion. Information related to the Postal Service’s privacy policy may be reviewed at: http://about.usps.com/who-we-are/privacy-policy/privacy-policy-highlights.htm.
User grants the Postal Service permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose by you to the Postal Service in any manner that the Postal Service chooses, commercial, public or otherwise, without compensation whatsoever. User agrees and acknowledges that all content 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, software, products, and services included through this Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Postal Service and/or its respective suppliers may make improvements and/or changes to this Service at any time.
THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW. THE POSTAL SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE POSTAL SERVICE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT, THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE WILL BE FREE OF ERRORS OR VIRUSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THESE TERMS OF USE, USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE POSTAL SERVICE BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES RESULTING AS A RESULT OF USER’S INABILITY TO ACCESS OR USE, MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE DUE TO FAILURE OF THE USER’S DEVICE, OPERATING SYSTEM OR USER’S INABILITY TO ACCESS SUFFICIENT BANDWIDTH AND/OR TELECOMMUNICATIONS CONNECTIVITY.

Access Restriction

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.

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 litigated, if at all, in and before a federal court located in the District of Columbia, to the exclusion of the courts of any other state or country. User and the Postal Service agree 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.
Use of this Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Postal Service's performance of this agreement is subject to existing laws and legal process, 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.

Specific Provisions for the USPS® iPhone® app

This Agreement is concluded between User and the Postal Service only, and not with Apple, Inc. ("Apple®"). In addition, the Postal Service, not Apple, is solely responsible for the products and services provided by the United States Postal Service, the Licensed Application and the content thereof. User and the Postal Service acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof as set forth in app Store’s Terms And Conditions available online at http://www.apple.com/legal/itunes/appstore/us/terms.html. Accordingly, You and USPS acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. You and USPS agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
User agrees and acknowledges that the Postal Service, not Apple, shall be responsible for addressing any claims of the end-user or any third-party relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar laws.
Apple, the Apple logo, iPod, and iTunes are trademarks of Apple Inc., registered in the U.S. and other countries. iPhone is a trademark of Apple Inc.

Updated: 1/21/2010

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