Terms and Conditions of Use for Google Assistant enabled device for United States Postal Service® Information and Services

This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("You" "Your" or "User") and the United States Postal Service®, an Independent Establishment of the Executive Branch of the United States Federal Government ("USPS®" or "Postal Service"). The Agreement sets forth the terms and conditions for Your use of the USPS Google Home/Google Assistant Action (the “Action”), which will allows You to use your Google Assistant enabled device to access information (the “Action”). The Agreement applies in addition to, and is not intended to replace, any other agreement that may apply in connection with the various services or information accessed utilizing the Action. This Agreement is between You and USPS only, and not with any other entity. USPS is solely responsible for the services, content and materials provided through usps.com® and the Action generally. User acknowledges and agrees that he or she is solely responsible for and shall abide by (i) the terms of this Agreement; (ii) the terms of use and guidelines of all secondary websites, services and devices affiliated with the Action, as applicable, or linked to through the Action; and (iii) all policies, procedures and regulations of the United States Postal Service, which shall include and not be limited to the requirements of the USPS Domestic Mail Manual and the USPS International Mail Manual. User warrants, represents and agrees that interaction with the Action is for the sole purpose to facilitate and manage USPS shipping transactions and to receive information related to the USPS.

Modification of These Terms of Use

The Postal Service reserves the right to change the terms, conditions, and notices under which the Action is offered. You may review the most current terms and conditions of use at www.usps.com/terms-conditions/google-assistant.htm. If You do not agree to, or cannot comply with, the Agreement as amended, You must stop using the Action. You will be deemed to have accepted the Agreement as amended if You continue to use the Action. The Action provides You with the opportunity to implement various USPS services and products, which may be modified or expanded in the Action from time to time. User acknowledges and agrees that his or her use of the Action, in each instance, is subject to any such changes and that User's use of the Action constitutes acceptance of such changed terms. User agrees to review this Agreement from time to time to ensure compliance with these terms and conditions.

Description of Service

The Action is an interface that allows You to receive information and services related to the USPS through Google's Google Home/Google Asssitant platform using Google Assistant enabled devices. Functionality of the Action shall be modified, expanded or contracted from time to time in the sole discretion of the USPS.

Release of Your Information to Google

Your interactions with USPS via the Action are subject to the USPS Privacy Policy (see Privacy Section below). By installing the Action, you are authorizing USPS to perform the actions and/or share with Google the information communicated to USPS, or requested from USPS. USPS will send that information through Google, which will then go through the internet. For example, if you request that the Action provide You information available in your USPS Informed Delivery account about a package being delivered to Your home, You are authorizing USPS to release that information to Google.

Third-Party Security Settings

Once you set up your Google Assistant enabled device with the Action, you are authorizing USPS to provide information to the device based on the device’s security settings. The settings on your device may allow the device to retrieve information about your USPS accounts or pertinent shipping information such as ZIP Codes based on only verbal requests from anyone who uses your device, or to save information about your information from the USPS for easier access. By enabling the Action on your Google Assistant enabled device, you are responsible for how the Action is used (including any communication to or from USPS from your device).

Accuracy

USPS did not design or manufacture Google Assistant or your Google Assistant enabled device. The device also runs other software (e.g., Google and other third-party apps) that USPS did not write or design and do not have control over. It is possible that the Action or device will not hear You correctly, will incorrectly translate what You said, or even say something to You different than the information provided to Google by the Postal Service. By accepting this Agreement, You understand and agree that USPS is not responsible for inaccuracies in Your interactions with USPS via the Action. If you have any issues or doubts about the accuracy of Your interactions with USPS via the Action, You can still get the information that You are seeking through the Action in the same manner You might have prior to installing the Action such as by accessing Your accounts and search functionality on USPS.com or the USPS Mobile Application.

Privacy and Security

The Action allows You to use your Google Assistant enabled device to communicate with USPS, by voice, regarding Your USPS accounts or to retrieve pertinent shipping information from the USPS. Your voice is only used to activate Google Assistant’s features and is not used to authenticate any USPS accounts that You might have. To use the Action, You will have to speak commands and questions aloud to the Google Assistant service, and You will receive responses aloud. Any communication to USPS via Google Assistant will be treated by USPS as a communication authorized by You, and any communication from USPS via Google Assistant in response to a request received from Your Google Assistant enabled device will be treated by USPS as a communication to you. In other words, You are responsible for all of the interactions with USPS via the Action. It is possible that someone other than You could interact with USPS via the Action, or that someone could overhear You interacting with USPS via the Action and learn information about your USPS accounts or shipping activity. It is also possible that Google Assistant (and the equipment Google Assistant is installed on) and/or Google will record Your interactions with the Action or with Google Assistant. Consult Your agreements with Google or Your device manufacturer to learn more about how Google and Your Google Assistant enabled device treats those interactions. USPS shall not be responsible for the misuse of Your Google Assistant enabled device or the dissemination of information to third-parties in the presence of Your Google Assistant enabled device.

Potential Third-Party Charges or Fees

YOU ACKNOWLEDGE AND AGREE THAT YOUR TELECOMMUNICATIONS CARRIER MAY CHARGE DATA USAGE FEES TO ACCESS THE ACTION AND THAT THE POSTAL SERVICE SHALL NOT BE LIABLE FOR ANY SUCH FEES AS A RESULT OF YOUR USE OF THE ACTION. YOU SHOULD CONTACT YOUR TELECOMMUNICATIONS PROVIDER FOR COMPLETE PRICING DETAILS.

Functionality not Guaranteed

You acknowledge that functionality of the Action may be compromised or unavailable based on the configuration of Your Action or Your telecommunications carrier. Access to the Action is not guaranteed and You agree that the Postal Service shall have no liability for Your inability to access the Action in every instance, or to access the various USPS services and information available through the Action.

Privacy

For over two centuries, the Postal Service has valued Your privacy, and built a brand that customers trust. When using the Service, the information You provide is accessible to the Postal Service, but may also be collected by third parties such as the companies that control the operating systems of the particular application You are using, e.g. browser, mobile device, etc. as well as Your telecommunications provider (not unlike an Internet Service Provider's ability to access data provided by its subscribers). Information collected by any such third party is governed by its terms of service and its privacy policy. Any information provided by You to the Postal Service while utilizing the Skill is governed by the USPS privacy policy.

For information about our privacy policy, please visit www.usps.com/privacypolicy.

Intellectual Property - License Grant and Restrictions

This Action provided to You by the USPS is for User's personal or commercial use. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Action excepting Your right to share information provided through the Action to explain or effectuate a Postal Service transaction (for example, sharing tracking information with a customer). Material provided by the Action is the copyrighted property of the Postal Service. All rights reserved. The intellectual property and images presented through the Action or its sign up web-page may not under any circumstances be reproduced or used without USPS's prior written permission. Use of any USPS intellectual property may only be used with the express written permission of the Postal Service.

USPS grants to You a limited, non-exclusive, non-transferable license to access and use the Action for the purpose of shipping USPS products generally and receiving information from the USPS. USPS also grants to You a non-exclusive, non-transferable license to use the Action on any device that You own or control as permitted by any terms of use set forth by Your device manufacturer, the terms of use of Your device's operating system and/or the terms of use of Your telecommunications provider. Any violation by You of the license provisions contained herein may result in the immediate termination of Your right to use the Service. USPS reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE ACTION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that You will not:

• use the Action or usps.com to reproduce copyrighted materials;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the information provided through the Action or usps.com except for uses related to Your mailing and purchase of USPS products and services;
• provide Your password, if required by the Action or any other services or application available on usps.com to any other person;
• translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Action or any service or application available on usps.com or any portion of them accessible through the Action or through usps.com;
• circumvent any technology used by the USPS or its licensors to protect content accessible via the Action or found on usps.com;
• rent, lease or sublicense any of the intellectual property provided through the Action or available on usps.com; or
• use the Action, service or any application available on usps.com in any way that violates the terms of this Agreement.

As between You and USPS, You acknowledge that USPS owns or has a license to all title and copyrights in and to the Action. All title and intellectual property rights in and to the content in the Action 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 Action, services and the applications found on usps.com contain the trademarks, service marks, graphics and logos of the USPS and may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to such USPS trademarks or the trademarks of any third party available through the Service. Trademarks available via the Action, the web-page where you sign up for the Action or those found on usps.com other than those owned or controlled by the USPS are the property of their respective owners.

Updates, Maintenance and Support

USPS may from time to time make available to all users of the Action updates at no cost or subject to additional fees in USPS's sole discretion. "Updates" means any updates, upgrades or error corrections to the Action USPS makes available generally to users of the Action. Notwithstanding anything else contained in this Agreement, USPS will have no obligation to continue producing or releasing new versions of the Action or any updates thereto. USPS is solely responsible for providing any maintenance and support of the Action as specified in this Agreement, or as required under applicable law.

No Unlawful or Prohibited Use

As a condition of Your use of the Action and usps.com generally, You warrant to the Postal Service that You will not use the Action or usps.com for any purpose that is unlawful or prohibited by these Terms of Use. User agrees that when using the Action or usps.com that User shall not restrict or inhibit any other user from using and enjoying the Action or usps.com generally. The Postal Service reserves the right to terminate User's access to the Action 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 in the Postal Service's sole discretion.

Liability Disclaimer

The information and services included through this Action may include inaccuracies. Changes may be added periodically to the information provided. The Postal Service and/or its respective suppliers may make improvements and/or changes to this Action and usps.com and accompanying services available through the Action at any time.

THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE ACTION OR ON USPS.COM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED PURSUANT TO APPLICABLE LAW. THE POSTAL SERVICE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE POSTAL SERVICE DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION IS ACCURATE OR RELIABLE OR THAT, THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE ACTION OR USPS.COM WILL BE FREE OF ERRORS OR VIRUSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS ACTION OR USPS.COM, OR WITH ANY OF THESE TERMS OF USE, USER'S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACTION OR USPS.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE POSTAL SERVICE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR RELATE TO THE USE OR INABILITY TO USE THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE ACTION, USPS.COM OR THE ACCOMPANYING SERVICES AVAILABLE THROUGH THE ACTION EVEN IF THE POSTAL SERVICE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES RESULTING FROM USER'S INABILITY TO ACCESS OR USE THE ACTION, USPS.COM, MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE ACTION OR USPS.COM DUE TO FAILURE OF THE USER'S DEVICE OR USER'S INABILITY TO ACCESS SUFFICIENT BANDWIDTH AND/OR TELECOMMUNICATIONS CONNECTIVITY. USER ACKNOWLEDGES AND AGREES THAT INFORMATION PROVIDED BY THE ACTION OR ON USPS.COM MAY NOT TAKE PLACE IN SOME INSTANCES, OR MAY BE LIMITED DUE TO PROCESSING LIMITATIONS, ERROR OR BASED ON SPECIFIC PRODUCT LIMITATIONS AND THAT THE POSTAL SERVICE SHALL HAVE NO LIABILITY FOR INACCURATE DATA, OR THE FAILURE OF THE ACTION TO PROVIDE DATA REQUESTED AT ANY TIME.

Indemnification

You acknowledge and agree to indemnify and hold the Postal Service, its affiliates, officers, employees and agents, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of Your use of the Action and usps.com or in the event of Your violation of this Agreement; any infringement of third party rights by You while utilizing the Action or usps.com such as any intellectual property or other right of any person or entity arising out of or related to any products or services purchased by You in connection with the Action or usps.com or offered by a third party through the Action or usps.com.

Access Restriction

The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any User access to the Action or any portion of usps.com without notice. You must register for this Action, and by doing so, You warrant and represent that You have the authority to request the functions performed through the Action. You agree not to use the Action to solicit information regarding any shipments of which You are not either the bona fide recipient or sender.

General

THIS AGREEMENT IS GOVERNED BY UNITED STATES FEDERAL LAW. USER AGREES THAT ALL DISPUTES AND MATTERS WHATSOEVER ARISING UNDER, IN CONNECTION WITH OR INCIDENT TO THESE TERMS OF USE SHALL BE BROUGHT BY USER IN AND BEFORE A FEDERAL COURT LOCATED IN THE DISTRICT OF COLUMBIA (EXCLUDING RIGHTFUL ACTIONS BROUGHT BEFORE THE UNITED STATES POSTAL SERVICE BOARD OF CONTRACT APPEALS), TO THE EXCLUSION OF THE COURTS OF ANY OTHER STATE OR COUNTRY. USER AGREES TO WAIVE ANY OBJECTIONS AS TO THE LAYING OF PERSONAL JURISDICTION OR VENUE IN SUCH A COURT, AND AS TO ANY PURPORTED INCONVENIENCE OF THE CHOSEN FORUM.

The Postal Service's performance of this Agreement is subject to existing laws and legal processes, and nothing contained in this Agreement is in derogation of the Postal Service's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of this Action 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 the Action 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 the Action. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Updated: 09/17/2018