USPS Connect^™ Local and USPS Connect^™ Local Mail Terms & Conditions Agreement

This Terms and Conditions of Use Agreement (this “Agreement” or “Terms and Conditions” or “Terms of Use”) is a legal agreement between (i) you (the “Individual”), (ii) the company, entity, or organization that you are representing, if any (the “Company,” and together with the Individual, collectively, “You” “Your” or “User” or “Mailer”), and (iii) the United States Postal Service, an Independent Establishment of the Executive Branch of the United States Federal Government (“USPS” or “Postal Service” or “We”). This Agreement sets forth the terms and conditions for Your use of the USPS Connect^™ Local and USPS Connect^™ Local Mail services (collectively, the “Service”). This Agreement is between You and USPS only, and USPS is solely responsible for the services, content, and materials provided. You and USPS may be referred to individually as a “Party” and together as the “Parties”.  You acknowledge and agree that You have accepted the Agreement and are solely responsible for and shall abide by these Terms and Conditions of Use as well as all policies, procedures, and regulations of the United States Postal Service when using the Service.

The Individual, by agreeing to this Agreement as a representative of the Company and/or using the Service on behalf of the Company, represents and warrants that he or she is an authorized representative of the Company with the power and authority to bind the Company to the terms of this Agreement and has been authorized by the Company to use the Service on behalf of the Company. If the Individual’s status as an authorized representative of the Company terminates, he or she shall immediately cease using the Service on behalf of the Company. The Individual shall be fully liable for any direct or indirect damages that arise from or are related to the Individual’s breach of any representation, warranty, or covenant set forth in this paragraph.

Service Definition

The Postal Service is offering a new product, USPS Connect Local, for acceptance, processing, and delivery of certain Parcel Select^® packages entered close to their final destinations at certain designated Destination Delivery Units (“DDUs”).  Similarly, the Postal Service is conducting a market test, USPS Connect Local Mail, relating to acceptance, processing, and delivery of certain First-Class Mail Mailpieces entered close to their final destinations at certain designated DDUs.  Customers selecting the USPS Connect^™ Local product will be authorized to enter Parcel Select packages (“DDU Packages”) at participating DDUs at prevailing published prices, subject to these Terms and Conditions. Similarly, customers participating in the USPS Connect Local Mail market test will be authorized to enter First-Class Mail Mailpieces (“DDU Mailpieces”) close to their final destinations at certain designated DDUs at prevailing published prices, subject to these Terms and Conditions.  DDU Packages and DDU Mailpieces entered under the Service should be tendered to the Postal Service by each DDU facility’s designated entry hours for expected same-day or next service day delivery. Pickup of packages and mailpieces by the USPS carrier, either in line-of-travel (at no additional charge) or on-demand (for an additional fee), may be available in certain locations. Expected delivery date is based on origin, destination, and drop-off time and is not guaranteed. A list of DDU locations and five-digit ZIP Codes participating in the Service is available upon request to the USPS^® Sales Representative assigned to You.

You agree to abide by all applicable laws, regulations, and Postal Service^™ publications when participating in the Service, unless otherwise modified in this Agreement, which include but are not limited to rules found in the Domestic Mail Manual or DMM.

For the avoidance of doubt, all DDU Packages and DDU Mailpieces covered by this Agreement are subject to all applicable fees and surcharges pursuant to the DMM. In the case of the USPS Connect Local Mail market test, “DDU Mailpieces” are defined as First-Class Mail paper-based materials (i.e., Letters or Flats) not exceeding 13 ounces. Consult with the USPS Sales Representative assigned to Your account for any questions regarding shipping services or to review the Domestic Mail Manual or other applicable Postal Service rules, regulations, or requirements for this Service.

The USPS Connect Local Mail market test will be in effect beginning on January 9, 2022, and is expected to continue through January 8, 2024, unless terminated earlier by the Postal Service in its sole discretion, replaced with a comparable service, or extended in accordance with applicable law.

You agree that We may contact You to ask about Your experiences with the Service (i.e., both the USPS Connect Local product and the USPS Connect Local Mail market test) and regarding the Postal Service’s other products and services.

Modification of These Terms of Use

The Postal Service reserves the right to change the terms, conditions, and notices under which the Service is offered. If You do not agree to, or cannot comply with, the Agreement as amended, You must stop using the Service.  From time to time, and in each instance You use the Service, You agree to review the latest and most updated Terms of Use available at https://www.usps.com/terms-conditions/usps-connect-local.htm to ensure compliance with these Terms and Conditions. You acknowledge and agree that Your use of services or products under the Service is subject to any such changes and that continued use of the Service constitutes acceptance of such changed terms.

Privacy & Data Provided by You

For over two centuries, the Postal Service has valued Your privacy, and built a brand that customers trust. For information about our privacy policy, please visit www.usps.com/privacypolicy.

Payment

The amount of payment for Parcel Select^® and First-Class Mail^® Letter/Flat services available under the Service is set forth in the Mail Classification Schedule (“MCS”) and/or the Notice 123 Price List. You agree that You will pay online using Your business Click-N-Ship^® account credentials. You acknowledge that Click-N-Ship is a platform where You may purchase a variety of Postal Service^™ products and services.

You agree to the Click-N-Ship refund policy, which states that Click-N-Ship^® labels are only eligible for refunds within 30 days of the print date (the label transaction date). LABELS ARE ELIGIBLE FOR REFUNDS IF A BARCODE SCAN EVENT DOES NOT SHOW UP IN THE USPS SYSTEM, AND IF A REFUND HAS NOT BEEN PREVIOUSLY REQUESTED OR PROCESSED FOR THE LABEL.

If it has been more than 30 days from the transaction date, but less than 60 days, You agree to initiate a refund by e-mailing the Click-N-Ship Help Desk. REQUESTS FOR REFUNDS WILL NOT BE GRANTED ONCE SIXTY (60) CALENDAR DAYS (2 CREDIT CARD BILLING CYCLES) HAVE ELAPSED FROM THE DATE THE LABEL WAS PRINTED.

The refund request will be verified and processed and the original payment method will be credited within 14 days if approved. Timing of posting refunds to an account depends upon Your financial institution. You will receive an email notification after You request Your refund and once Your refund request has been approved or denied.

The Postal Service may assess an additional fee, in addition to normal postage fees, for Sunday delivery of packages where available. If the Postal Service does not attempt delivery on Sunday for a package that You have entered into the system in accordance with this Agreement, any additional Sunday delivery fee assessed will be automatically refunded to your Click-N-Ship account.

Participation in the USPS Connect Local Directory

Select Users of the Service may participate by having their Company featured on the USPS Connect Local Directory (the “Directory”).  The Directory, located on USPS.com, features businesses that have registered for the Service and meet specific criteria for participation; see: https://www.usps.com/business/connect/local-directory-criteria.htm. The Directory will include businesses that have registered to use USPS Connect^™ delivery services and may include links to Your Company’s website.   

User grants the Postal Service permission and licenses the right to use content (“Content” as defined herein) regarding the Company for inclusion in the Directory.  Content is defined as any materials provided by You or obtained by the Postal Service for the Directory such as Your Company logo, trademarks, trade dress, copyrighted materials, images that may be enforceable under rights of publicity, the URL to Your Company’s home page, email addresses, phone numbers, location information, and hours of operations.

Participation and inclusion in the Directory shall be determined in the sole and unreviewable discretion of the Postal Service.  The Postal Service reserves the right to remove any company from the Directory without cause.  If You object to Your Company’s inclusion in the Directory, You may contact USPSShippingLocalDirectory@usps.gov with Your concerns.  In such instance, the Postal Service shall remove Your Company’s information from the Directory within a commercially reasonable time period. 

You warrant and represent the following if participating in the Directory: 

That You have all necessary rights and/or third party rights, and hereby grant to USPS such rights, to use, display, publish, transmit, distribute, and make copies of the Content, and otherwise use it within the Directory, without infringing any rights of any third party or violating any applicable laws, rules or regulations. Content also includes all information on web pages that You own or control that the USPS will link to through the Directory, but solely for the purposes of placing Your business within the Directory and to comply with this Agreement. This grant includes the rights covering the ordinary use to which recipients put the Content. The rights referred to in the foregoing include, without limitation, copyrights, trademark rights, rights of publicity (name and likeness rights), and any other rights necessary to use the Content. You warrant and represent that USPS may remove Your business from the Directory if USPS determines, in its sole discretion, that Your business or Your Content pose an unacceptable risk to USPS business interests, including legal, financial, or brand interests.  You acknowledge and agree that USPS may modify or redesign the design of Your Content in any way deemed appropriate by the Postal Service, and the Postal Service is free to use the Content within the Directory or to market or advertise the Directory or Postal Service products and services generally.  You are solely responsible for and assume all liability arising from use of the Content in or through or otherwise as a result of Your participation in the Directory. You agree that reproduction, display, distribution, or other use of the Content by USPS through the Directory: (1) does not constitute approval or endorsement of Your Company or the Content; and (2) does not constitute acceptance of any liability or risk arising from the Content. In the event that the Content contains an interactive link, You warrant and represent that any web page linked to directly from the Directory shall not take Postal Service customers to a web page that could be confused by a reasonable person to be a Postal Service web page. For the avoidance of doubt, You agree that the web page, if any, linked to from the Directory will not be substantially similar in look and appearance to the web pages of USPS.com.  Additionally, You warrant and represent that any web page through links included within the Content shall be secure and take reasonable precautions to protect consumers shopping on such web page. 

Intellectual Property - License Grant and Restrictions

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

USPS grants to You a limited, non-exclusive, non-transferable license to access and use the Service for the purpose of shipping or receiving USPS products generally, including package delivery (in the case of USPS Connect Local) and mailing services (in the case of USPS Connect Local Mail). The information regarding Your item may be used for informational purposes commercially solely to provide information regarding Your item to either a sender or recipient of Your item. USPS also grants to You a non-exclusive, non-transferable license to use the Service on any device that You own or control as permitted by any terms of use set forth by Your device manufacturer, the terms of use of Your device's operating system, and/or the terms of use of Your telecommunications provider. Any violation by You of the license provisions contained herein may result in the immediate termination of Your right to use the Service. USPS reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE SERVICE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that You will not:

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

As between You and USPS, You acknowledge that USPS owns or has a license to all title and copyrights in and to the Service. All title and intellectual property rights in and to the content in the Service is the property of the respective content owner (whether the USPS or a licensor to the USPS) and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties.

Liability Disclaimer

THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE AND THE APPLICATIONS 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 SERVICE OR USPS.COM WILL BE FREE OF ERRORS OR VIRUSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE OR USPS.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE OR USPS.COM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE POSTAL SERVICE BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR RELATE TO THE USE OR INABILITY TO USE THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE OR USPS.COM EVEN IF THE POSTAL SERVICE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR INABILITY TO ACCESS OR USE THE SERVICE, USPS.COM, MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE OR USPS.COM DUE TO FAILURE OF THE USER'S DEVICE, OPERATING SYSTEM, OR USER'S INABILITY TO ACCESS SUFFICIENT BANDWIDTH AND/OR TELECOMMUNICATIONS CONNECTIVITY.

Access Restriction

The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any Mailer access to the Service.

General

This agreement is governed by United States Federal Law. You agree that all disputes and matters whatsoever arising under, in connection with or incident to these Terms of Use shall be brought by You, 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. You 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.

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 participation in the Service or information provided to or gathered by the Postal Service with respect to such participation. 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.

Nothing in this Agreement shall be deemed to create, either expressly or by implication, the power in either Party to bind the other. Neither Party shall be bound by the actions of the other Party. Nor shall the Parties be liable for the debts of the other. Furthermore, neither Party shall have a right to share in the profits of the other. This Agreement is not intended to be a joint venture, partnership, or other formal business organization, and neither Party is under any obligation to enter into any further agreement with or make any additional compensation to the other Party.

This Agreement constitutes the entire agreement between the User and the Postal Service with respect to the 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 the 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.

You acknowledge and agree that You have read the entire Agreement above and You represent and warrant that You are authorized to accept this Agreement with the requisite corporate power to bind Your business to perform the obligations hereunder.

Updated May 31, 2022