United States Postal Service® Informed Delivery™ Beta Test Agreement
This Terms and Conditions of Use Agreement and Beta Test Agreement (this "Agreement") is a legal agreement between you ("You", "YOUR" or "User" or "Beta Tester") 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 Informed Delivery™ service during the Beta Testing period (the "Beta Test"). This Agreement is concluded between You and USPS® only, and USPS® is solely responsible for the services, content and materials provided through the Beta Test. You and USPS® may be referred to individually as a ("Party") and together as the ("Parties"). User acknowledges and agrees that he, she or the entity You represent has accepted the Agreement and is 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 participating in the Beta Test.
Description of Service
Participation in the Beta Test enables You to receive images and/or information related to Your incoming mail and packages via email. During the Beta Test, USPS® will solely provide black and white images of some of Your incoming mail scanned during mail processing. These images are only of mail and packages that go through automation and for which the Intelligent Mail Barcode® (IMb®) is successfully read. In most cases, emailed images will arrive the day of scheduled delivery. Other functionality may be implemented during the Beta Test, which may include but may not be limited to the provision of color images; the display of various other Postal Service products or services; links that allow You to communicate with USPS® about the Beta Test; links to offers or webpages by the mailer of successfully scanned mail; and/or other functionality that may be determined at a later time.
Expiration Date and Termination
This Agreement shall automatically expire at the conclusion of this Beta Test, unless (i) terminated or cancelled by one of the Parties in writing, (ii) superseded by a subsequent written contract between the Parties, (iii) ordered by the Postal Regulatory Commission or a court of competent jurisdiction, or (iv) otherwise required to comply with subsequently enacted legislation. Either Party may terminate this Agreement unconditionally and without penalty. USPS® may terminate by either ending the Beta Test, removing YOUR access from the Beta Test or by providing You notice of the intent to terminate. You may terminate this Agreement at any time by either notifying the Postal Service in writing or discontinuing use of the Service. In the event that You terminate the Agreement, the Postal Service shall have a commercially reasonable time period to remove you from the Beta Test; however, You acknowledge and agree that You may continue to receive updates, emails or correspondence related to the Beta Test until removed from the Beta Test. In the event the Postal Service makes the Informed Delivery™ service a wide-spread and permanent service following the Beta Test, your continued use of the service will constitute Your acceptance of the permanent service’s terms and conditions, which shall differ from this Agreement.
As a Beta Tester, in the event You are a federal government employee, if you use Your federal agency email address to receive Informed Delivery™ service, emails to that address are subject to Your federal agency's email policy. In the event You use Your personal email address, your use of that email will be subject to the terms, conditions, and policies of your email provider.
You acknowledge and agree that the Postal Service shall send emails to You as a participant in this Beta Test, and participation in this Beta Test authorizes the Postal Service to do so. Beta Tester agrees to receive emails in delivery, operations and User testing of the Beta Test service, and may receive requests from USPS® to evaluate and provide feedback about the Informed Delivery™ service during the term of the Beta Test.
Beta Tester agrees that he or she is restricted from usage, advertisement, sales or distribution of the Informed Delivery™ service or other intelligence derived as a result of the actions of the Parties during the Beta Test until this restriction is explicitly removed by the USPS®.
Beta Tester acknowledges and agrees that USPS® will not be liable for any costs or damages incurred by Beta Tester or any other entity in relation to this Beta Test.
In any instance where User contacts the Postal Service regarding the Informed Delivery™ service, 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 Informed Delivery™ service, whether provided by the Postal Service, third parties, or the 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.
Intellectual Property License Grant and Restrictions
The Informed Delivery™ service provided to You by USPS® is solely for Your use and for the benefit of the Postal Service through information garnered through the Beta Test. At the commencement of the Beta Test, the Informed Delivery™ service shall solely use email to push images of Your mail to You. If the Beta Test and future versions of the Informed Delivery™ service include any software, browser plugins, or similar intellectual property developed as part of the service, You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, the source code of the Informed Delivery™ service, products, or services obtained from the Informed Delivery™ service or through reverse engineering of the Informed Delivery™ service. Excepting the images of your mail, material that may be provided to You through the service is the copyrighted and/or trademarked property of the United States Postal Service®, or is provided to You under license to USPS® from a third party provider, all rights reserved. The information, underlying the Informed Delivery™ service's code and images presented within any Informed Delivery™ service interface may not under any circumstances be reproduced or used without the express written permission of the Postal Service or the respective owners of such materials, and You will need written permission from the Postal Service or the respective owner to reproduce, republish, upload, post, transmit, distribute, publicly display, or create any derivative works using any materials obtained during the Beta Test. The images provided to You may not be used for commercial purposes and are for personal use only.
The Informed Delivery™ service, and any Postal Service trademarks (the "USPS® Marks") and data included therein are the intellectual property of USPS® protected under U.S. copyright and trademark laws. Third-Party data and trademarks included in the Informed Delivery™ service, if any, are the intellectual property of their respective owners protected under U.S. copyright and trademark laws. User acknowledges that USPS®, or the respective owner of data or trademarks, owns all rights, title, and interest in and to the Informed Delivery™ service and any marks or data included therein except for material provided by third parties under license to USPS®, and that User owns none and has no rights to the materials therein. Except as expressly provided for in this Agreement, User shall not use, reproduce, display, perform, distribute, adapt, modify, reverse engineer, or sell any information obtained from the Informed Delivery™ service or any USPS® Marks or data or the trademarks or data of third parties included therein.
Use of any USPS® Marks or USPS® Copyrighted material provided through the Informed Delivery™ service requires a separate license from the Postal Service, which may be obtained through USPS® Rights and Permissions at http://about.usps.com/doing-business/rights-permissions/welcome.htm. Data and trademarks included in the Informed Delivery™ service from third parties may be used solely under license or permission from such third parties.
You agree that YOU WILL NOT:
•use the Informed Delivery™ service 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 Informed Delivery™ service except for uses related to User's mailing and purchase of USPS® products and services or the services of third-party participants included in the Informed Delivery™ service;
•make any attempt to circumvent any technological measure(s) that controls access to or use of the Informed Delivery™ service, data, and documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
•provide your password, unless required by the Informed Delivery™ service, to any other person or entity;
•translate, reverse engineer, decompile, disassemble, modify, or create derivative works based on the Informed Delivery™ service, or use any form of device, software, web bug, or spider to compile or glean data provided by the Informed Delivery™ service;
•circumvent any technology used by USPS® to protect content accessible via the Informed Delivery™ service;
•unbundle individual or component parts of the Informed Delivery™ service's code or data for independent use;
•rent, lease, or sublicense any of the information provided through the Real Mail service;
•use the Informed Delivery™ service in any way that violates the terms of this Agreement;
•use provided by the Informed Delivery™ service data for anything other than User's internal purposes; or
•sell reports or data created through the Informed Delivery™ service, or use any component of the Informed Delivery™ service for any other purpose other than to effectuate User's use of Postal Service products or the products of participating third parties, and to participate in the Beta Test.
As between You and USPS®, You acknowledge that USPS® owns or has a license to all title and copyrights in and to the Informed Delivery™ service. All title and intellectual property rights in and to the content in or accessible by the Informed Delivery™ service is the property of the respective content owner (whether USPS® or a licensor to 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 Informed Delivery™ service may contain the trademarks, service marks, graphics, and logos of USPS® and may contain third-party trademarks, copyrights service marks, graphics, and logos. You are not granted any right or license with respect to such USPS® Marks or copyrights or the trademarks or copyrights of any third party.
Links to Third-Party Sites
Through the emails provided through the service, or through any future digital interface developed as part of the service, the Informed Delivery™ service may contain links to websites operated by USPS® or parties other than the Postal Service. Such links, if any, 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-610-2012-3 or successor Management Instructions related to web linking. 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 REAL MAIL NOTIFCATION™ SERVICE OR FROM THE SERVICE'S ACCOMPANYING EMAILS.
No Unlawful or Prohibited Use
User acknowledges and agrees that due to the unique nature of Postal Service's proprietary information, including but not limited to information obtained from the Informed Delivery™ service or any USPS® Marks, there may be no adequate remedy at law for any breach of its obligations hereunder this Agreement, that any such breach may allow User or third parties to unfairly compete with Postal Service resulting in irreparable harm to Postal Service, and therefore, upon any such breach or threat of such breach, Postal Service shall be entitled to seek injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.
The Informed Delivery™ service provided to You 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 the Informed Delivery™ service at any time.
UNDER NO CIRCUMSTANCES SHALL USPS® BE HELD LIABLE FOR ANY LOSS OF PROFIT OR GOODWILL, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. FUTHERMORE, USPS® SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF THE INFORMED DELIVERY™ SERVICE OR INABILITY TO USE THE INFORMATION RECEIVED FROM USPS® WEB SERVERS OR DATA FROM THIRD-PARTY PROVIDERS PARTICIPATING IN THIS BETA TEST THAT ARE INCLUDED IN THE INFORMED DELIVERY™ SERVICE. IN NO EVENT SHALL USPS® BE LIABLE TO A USER FOR ANY LOSS, DAMAGE, OR CLAIM EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE.
USPS® and User acknowledge and agree that this Agreement is subject to any legislation that might be enacted by the Congress of the United States or any orders or regulations that might be promulgated by any agency, branch, or independent establishment of the United States Government. USPS® and User further acknowledge and agree that this Agreement in no way waives the USPS's® authority to act in its sovereign capacity. USPS® shall not be held liable for any acts performed in its sovereign capacity, or for any acts performed by any branch, agency or independent establishment of the United States in their sovereign capacities that may directly or indirectly affect the terms of this Agreement. In the event that either Party is required by legislation enacted by the Congress of the United States or any orders or regulations that might be promulgated by any branch, agency or independent establishment of the United States Government to terminate, or otherwise as a result of such action is unable to perform its obligations under this Agreement, either Party may give notice of termination as provided in this Agreement immediately or on the effective date of such requirement, whichever is later. The parties agree that in the event that this Agreement is terminated as set forth in the preceding two sentences, or in the event that either Party is enjoined from proceeding with this Agreement by any court of competent jurisdiction, such Party shall not be subject to any liability by reason of such termination or injunction. Further, USPS® will evaluate the impact on this Agreement of alterations to the Postal Reorganization Act, and may give notice of termination pursuant to this Agreement based upon such alterations, which termination shall be effective immediately or as determined by USPS®. To the extent of termination on this basis, USPS® shall not be subject to any liability by reason of such termination.
Your Warranties and Representations
YOU WARRANT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO READ ALL MAIL IMAGES DELIVERED THROUGH THE INFORMED DELIVERY™ SERVICE, AND THAT BY USING THE SERVICE, YOU WILL NOT BE RECEIVING IMAGES OF MAIL INTENDED FOR OTHERS, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO LESSORS, ROOMATES OR INDIVIDUALS AND OTHER BUSINESSES THAT MAY HAVE MAIL SENT TO THE ADDRESS FOR WHICH YOU HAVE REGISTERED UNDER THIS SERVICE UNLESS SUCH THIRD PARTIES HAVE GIVEN YOU THE RIGHT TO DO SO IN WRITING. YOU FURTHER WARRANT AND REPRESENT THAT YOU HAVE THE AUTHORITY TO RECEIVE THE IMAGES AT THE EMAIL ADDRESS THAT YOU PROVIDE AT REGISTRATION.
IF YOU ARE A PRIVATE INDIVIDUAL, YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND HAVE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.
USPS® Warranties and Representations
USPS® represents and warrants that it owns or controls the rights granted herein; it is an independent establishment of the executive branch of the United States government duly organized, validly existing and in good standing, with full power and authority to execute and deliver this Agreement and to perform its obligations; and the execution, delivery, and performance of this Agreement has been duly authorized by all necessary actions of USPS® and this Agreement constitutes a valid and binding obligation of USPS® and the consent of no other entity or person is required for USPS® to execute this Agreement or fully perform all of its obligations or services herein.
The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any User access to the Informed Delivery™ service, without notice.
Use of the Informed Delivery™ service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. USPS's® performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of USPS's® right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Informed Delivery™ service or information provided to or gathered by USPS® 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.
Except as otherwise provided, all notices that are permitted or required under this Agreement shall be in writing, in English, and shall be deemed given when delivered by "First Class Mail," addressed as follows, or to such other person or address as may be designated by notice to the other Party:
If to USPS®, to:
U.S. Postal Service
475 L'Enfant Plaza, S.W.
Washington, DC 20260
Attn: New Products & Innovation - Informed Delivery™ Team
YOU AGREE TO DEFEND (AT USPS'S® DISCRETION), INDEMNIFY AND HOLD USPS® HARMLESS AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITY, LOSS, DAMAGE, JUDGMENTS, OR EXPENSE (INCLUDING COURT COSTS AND REASONABLE ATTORNEY'S FEES) ARISING OUT OF YOUR USE OF THE INFORMED DELIVERY™ SERVICE AS WELL AS FOR ANY CLAIMS BROUGHT FOR THE SERVICES PURCHASED BY USER, IF ANY, USING THE INFORMED DELIVERY™ SERVICE.
Neither Party will be liable for delays or failure to perform the Beta Test if due to any cause or conditions beyond its reasonable control, including delays or failures due to acts of God, natural disasters, acts of civil or military authority, fire, flood, earthquake, strikes, wars, utility disruptions (shortage of power), disruption of the postal system, labor dispute, judicial or governmental action, or any other substantially similar causes beyond the control of the party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
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. Neither Party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other Party, and the relationship of the Parties is, and at all times will continue to be, that of independent contractors.
Neither the rights nor the obligations arising under this Agreement are assignable or transferable by User, and any such attempted assignment or transfer shall be void and without effect.
Each party (a) will cause all of its affiliates to comply with the terms and conditions of this Agreement, and (b) irrevocably and unconditionally guarantees the compliance of each of its Affiliates with this Agreement. With respect to any acts or omissions of a party’s affiliate that, if performed or not performed by such party, would constitute a breach of this Agreement, such party shall be jointly and severally liable with its affiliate to the other party. All remedies available to a party, including the ability to obtain injunctive relief, are enforceable against the other party’s Affiliates.
In the event that any one or more of the provisions contained in this Agreement or in any other instrument referred to herein, is, for any reason, held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement or any other such instrument and the invalid, illegal or unenforceable provision shall be deemed modified so as to be valid, legal, and enforceable to the maximum extent allowed under applicable law. The Parties agree that the arbitrator, arbitration panel, or court of competent jurisdiction making such determination will have the power to modify the provision in a manner consistent with its objectives such that it is enforceable.
Neither Party will be liable for delays or failure to perform the Services if due to any cause or conditions beyond its reasonable control, including delays or failures due to acts of God, natural disasters, acts of civil or military authority, fire, flood, earthquake, strikes, wars, utility disruptions (shortage of power), disruption of the postal system, labor dispute, judicial or governmental action, or any other substantially similar causes beyond the control of the party, that party shall be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
The headings of the Sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement. All Section references in this Agreement are to Sections of or to this Agreement unless specified otherwise. Unless expressly stated otherwise, when used in this Agreement the word "including" means "including but not limited to." The Parties have participated jointly in the negotiation and drafting of this Agreement. If an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof will arise or disfavor any Party by virtue of the authorship of any provisions of this Agreement.
This Agreement constitutes the entire agreement between the User and the Postal Service with respect to the Informed Delivery™ 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 Informed Delivery™ 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.
The definitions of this Agreement and the respective rights and obligations of the parties relating to confidentiality, non-disclosure, limitation of liability, indemnification, governing law, and contractual construction shall survive any termination or expiration of this Agreement.
You acknowledge and agree that You have read, understand and accept the terms of 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 or You individually to perform the obligations hereunder.