Last revised February 22, 2017
The following Terms and Conditions (“Terms” or “Agreement”) constitute an agreement between you (“you”) and PSI Systems, Inc. (“Endicia,” “Company,” “us,” or “our”) and govern your use of this website or any software downloaded from this website, your Endicia account, your service fee, and any and all purchases from or through Endicia (including all communications and interactions with the Company and any actions taken with respect to any of Company’s advertising). These Terms constitute the entire agreement between the Company and you with respect to such matters. The terms Endicia, Company, us and our shall include Endicia, its representatives, officers, shareholders, subsidiaries, parents, predecessors, successors, affiliates, employees, and agents. These Terms shall apply to GlobalPost, as defined in Section 12, unless otherwise set forth herein. In the event you download any of our software, you may also be presented an end user license agreement (the "EULA"). In the event of any conflict between the terms of this Agreement and the EULA, these Terms shall govern.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE AND DO NOT SIGN UP FOR AN ENDICIA ACCOUNT.
Both you and the Company agree, with the limited exceptions noted below and as further provided below, to resolve all disputes between you and the Company through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
1. SERVICE PRICING
Endicia offers multiple types of service plans – including, without limitation, 30 day service plans, term service plans, and pre-paid service plans. Your service fee, if any, will be calculated based on the service plan presented to you and agreed to by you during service registration. In addition, you are responsible for all variable and transactional costs of using the service (for example, postage, fees for private carriers, package insurance, items purchased in the online store, or other special services selected) in addition to your applicable service fee, if any. Your recurring service fee, if any, will be calculated and billed based on the date you register and the terms of your offer. If you have registered for a 30 day service fee plan (like most Endicia users), the billing cycle ends 30 days after you register. Endicia bills in arrears (i.e., at the end of the applicable billing cycle) and a pro-rated charge for your service fee may apply if you cancel or change your plan in the middle of a billing cycle. In addition, Endicia may maintain the availability of the service for the full month when the account is canceled. If you register for a trial offer, but wish to avoid incurring the monthly service fee (including for the first month of service), make sure to cancel your account before the trial period ends. To cancel, call Endicia customer support at 800-576-3279, Monday - Friday, 6 am - 6pm (PST).
2. ENDICIA ACCOUNT AND POSTAL METER ASSIGNMENT
You must pay for any variable transactional fees relating to mailing and shipping (for example, postage) purchased in addition to Endicia’s service fee. In order to use Endicia for any mailing and shipping services, you must pre-fund your Endicia account in an amount equal to or greater than the mailing or shipping service to be purchased. All purchases and debits will be reflected in your Endicia account balance. Please note that your Endicia account is owned by Endicia, and although our records will account for the amounts that you have posted, the funds may be maintained in a pooled account. In the event of any losses, failure or other insolvency of the institutions where funds may be deposited, Endicia may be afforded FDIC insurance on the account, (individual account holders are not entitled to such insurance) and Endicia may then allocate any insurance proceeds for all account holders; however, you may not be entitled to receive a refund of all amounts posted with Endicia. In the event of any failure or insolvency of Endicia, because the amounts held in your Endicia account are not insured, they may not be fully refunded.
Endicia user accounts are linked to virtual postage meters authorized by the U.S. Postal Service ("USPS"). Virtual postage meters permit the printing of PC postage; absent such meters, Endicia could not provide the services it offers. In certain instances, a virtual postage meter may be set up on your behalf and exclusively used to hold your account funds and purchase postage on your behalf (a “personal virtual postage meter”). In other instances, multiple Endicia account holders will be aggregated in a group of virtual postage meters, which may be opened and owned in the name of Endicia or one of its business partners (an “aggregate virtual postage meter”). When you pre-fund your account to conduct mailing and shipping transactions, the funds you provide will be processed by Endicia and either (i) deposited in its general account and reflected in your account balance or (ii) funded directly to the USPS and reflected in your account balance. Endicia or its business partner will separately deposit funds to the virtual postage meter as needed based on your mailing and shipping requests and the requests of other accounts assigned to that same aggregate virtual postage meter. As long as you have deposited sufficient funds into the account, Endicia or its business partner will ensure that sufficient funds are deposited, with the aggregate virtual postage meter in order for you to print all of the postage and certain other transactions that you may request based on your Endicia account balance. Please note that Endicia may also apply your payment for increases to your Endicia account balance directly to the applicable virtual postage meter (personal or aggregate) or into Endicia’s general account.
Endicia shall have complete and absolute discretion in deciding whether to assign you to a personal or aggregated virtual postage meter, whether to convert you from a personal to aggregated virtual postage meter (or vice versa), whether to open a new virtual postage meter or use an existing one, whether to open the virtual postage meter in your name or to assign you to an existing aggregate virtual postage meter, and under whose name the virtual postage meter will be activated or maintained. Endicia, moreover, may move your account from one virtual postage meter to another (whether personal or aggregate), with these variables, from time to time or at any time.
You acknowledge and agree that all mailing and shipping transaction and certain other transaction pricing through an aggregated virtual postage meter is controlled by Endicia. Endicia business partners, including mailing and shipping carriers, consolidators, resellers, wholesalers, among others, provide certain rates that may be made available through the aggregated virtual postage meter by Endicia in its sole and absolute discretion.
3. ACCOUNT DURATION
While Endicia reserves the right to cancel your account for lack of use, lack of payment, or breach of this Agreement, as a general matter, all Endicia user accounts are maintained perpetually unless and until cancelled by the user. If you select a term service plan or a pre-paid service plan, at the conclusion of the term or pre-paid payment period, your account will be automatically converted into a monthly service fee account for all purposes. Following any account cancelation, Endicia may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time Endicia maintains account information shall be in the sole discretion of Endicia.
PROMOTIONAL TERMS: Some service plans include a promotional offer (for example, a free scale or free postage), and Endicia may offer other promotions to existing account holders from time to time. Certain promotional offers may consist of multiple free items. You understand that any promotional item may be provided by either Endicia itself or, in Endicia’s sole discretion, its vendor(s). You further understand that you may receive, in lieu of any actual promotional item, a voucher that you can redeem to receive such promotional item. You also understand that you may need to take further action (for example, by responding to an email from Endicia) to redeem your promotional item, all as disclosed in the offer details. The promotional offer that you have received may not be combined with any other offer or promotion, and is not transferable and cannot be exchanged or redeemed for cash. Limit one (1) promotional offer per user regardless of the number of accounts that user or its affiliates open.
FREE POSTAGE OFFERS: Free postage offers may be granted and shall expire pursuant to the terms of the applicable offer (and applicable state or federal law). Except where prohibited by applicable law, all unused free postage (issued pursuant to a free postage offer) shall expire and be deemed forfeited upon cancellation of your Endicia account. Other than as set forth in any free postage offer you may receive, you are responsible for the cost of the postage itself.
5. ACCOUNT CANCELLATION/TERMINATION
You may terminate or close your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below. To cancel, call Endicia customer support at 800-576-3279, Monday - Friday, 6 am - 6pm (PST). Online cancellation options may also be available. You will be asked to verify your account information and confirm your intent to cancel your account.
- Monthly Service Plan. You are free to end your monthly service plan at any time. If you terminate your monthly service plan after the applicable trial period, if any, has expired, your account will be handled as follows at the discretion of Endicia: (i) either a pro-rated/partial refund of that month’s service fee will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that month’s billing cycle, at which point the last monthly service fee (for the preceding month) will be charged and the account will be closed and no longer accessible.
- Term Service Plan. If you terminate your term service plan after the applicable trial period, if any, has expired but before the end of your term, you will be required to pay an early termination fee equal to your monthly billing fee multiplied by the number of months remaining on your term. (If you cancel mid-billing cycle, that month’s billing fee will also be charged in full.)
- Pre-Paid Plan. If you terminate a pre-paid plan after the applicable trial period, if any, has expired, your account will be closed immediately and you will not receive any refund.
Except where prohibited by applicable law, unused free or other promotional postage reflected in your account is never refunded; such credits, if any, expire and are forfeited automatically upon termination of your account. Any monthly service fee credits (for trial periods) are likewise not redeemable or refundable. Non-promotional, non-pre-paid account balances in excess of $1.00 (one dollar) will be refunded upon request. You may request a refund of your non-promotional postage balance when you call to close your account. If you have unpaid service fees or other outstanding charges, or a user initiated postage refund request is pending (see Unused and Misprinted Postage below for additional details), your refund, if approved, may be delayed or used to pay, in whole or in part, the outstanding balance.
6. DYMO STAMPS® AND DYMO STAMPS ONLINE
Endicia reserves the right to discontinue operation of the DYMO Stamps® and/or DYMO Stamps Online plans on a no monthly or annual fee basis at any time upon six months e-mail notice to customers of such plans. Users of the no-monthly-fee DYMO Stamps plan agree to use genuine DYMO Stamps 30915 labels that contain an activation code when printing postage.
7. TRIAL OFFER TERMS AND RESTRICTIONS
Trial Offers: If the plan that you select includes a trial offer (for example, the “4 Week Trial”), you may use our service without incurring a service fee charge during the time period specified in your trial, beginning from your registration date. If you cancel your account before the end of your trial period, you will be charged only for any actual shipping and mailing activity or other specific transactions; you will not be charged a service fee. However, if you do not cancel your account before the end of your trial period, at the end of the trial period, you will be charged a service fee from the commencement of your service, including for the period of the trial offer. The trial period is not a free period if service is not cancelled before the end of the trial period. So, for example, if you are a monthly service fee user who signs up for a four week trial offer and you do not cancel within the trial period, after the end of the trial period, you will be charged (a) a monthly service fee covering the first billing cycle including the trial period, and (b) then one month later you will be charged the next monthly service fee covering the preceding month, and you will continue to be charged a monthly service fee unless and until you cancel your account. Each fee will be charged at the end of the billing cycle – in other words, at the end of the month of service to which the fee applies.
Free Trials: If the plan you select does offer a "free trial", then you will not be charged a service fee for the period of the free trial offer; i.e., even if you fail to cancel following the trial period, you will not incur a service fee for the trial time period.
8. METHOD OF PAYMENT
DEBIT NOTICE WAIVER: If you elect to pay Endicia via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) to receive ten days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance transactions, mailing and shipping fees, hidden postage labels, reset fees or other non-recurring charges.
9. ACCOUNT FUNDING
In order to use your account for mailing and shipping transactions and other extra services, you must pre-fund your Endicia account. All purchases and debits will be reflected in your Endicia account once the purchase or mailing/shipping transaction is processed successfully. You may re-load your account as often as you like, but you may not exceed your maximum permitted balance. The minimum purchase (to fund your account) and the maximum permitted Endicia account balance varies by service program. You may also have the option to set your Endicia account to pre-fund automatically when the balance is low.
You are allowed to print or create labels up to the amount of pre-funding in your account, as long as all service fees have been paid. If any service fee payment cannot be completed successfully, your account will be suspended until payment is made. You will be notified that your service has been temporarily suspended until all past balances have been paid.
If your account balance becomes negative, you authorize Endicia to automatically charge your payment method and/or seek reimbursement so that the account balance is no longer a negative number (to cover previously selected mailing and shipping transactions or other requested purchases with Endicia). The use of certain Endicia services may require you to maintain a minimum balance in your Endicia accounts for a specific duration following the transaction. You authorize Endicia to automatically charge your payment method and/or seek payment to maintain this minimum balance. The minimum additional funding amount for insufficient or negative account balances is $10, and these charges may apply whether your Endicia account is active, suspended, or canceled.
10. BILLING DATE
RECURRING, SERVICE FEE BILLING: Endicia’s service fee and any other applicable fees due will be automatically charged to the account holder’s credit card, debited from the account holder’s debit card or collected via Direct Account Withdrawal from the account holder’s bank account at the end of each billing cycle (unless the account holder is entitled to a monthly service fee credit).
ACCOUNT FUNDING AND PRODUCT PURCHASE BILLING: Purchases for your postage account and product purchases, as well as any fees related to such purchases, will be charged to the account holder’s credit card, debited from the account holder’s debit card or collected via Direct Account Withdrawal from the account holder’s bank account at the time of purchase.
11. MAILING & SHIPPING ADJUSTMENT TRANSACTIONS
If you use a shipping service that is paid only when the label is used or if it is determined by Endicia or a carrier partner of Endicia that a mailing or shipping transaction did not contain sufficient funds (for example, not enough postage to cover a USPS shipment due to an underreporting of weight at time of print), Endicia may automatically deduct the amount for the unpaid or short-paid transaction from your account balance. You will be able to review these adjustments in your account history and reports. If one or more of these payments cannot be collected from your account due to a lack of available funds, your account may be suspended until you fund your account to cover all outstanding payments.
12. GLOBALPOST TRANSACTIONS
Third Party Partners: Certain shipping transactions may be offered through our GlobalPost service, including the Endicia Global Service (hereafter, "GlobalPost"). If you ship eligible items to a destination through GlobalPost, you may first be required to ship the item through a third party parcel processing facility which will then route the item to the destination address. You acknowledge and understand that one or more third-party global shipping provider(s) will oversee the processing, customs clearance, and shipment of the item so long as it meets the terms and conditions of this program and any other applicable third party requirements. Eligible shipment items and quantities are generally governed by the origin and destination country import and export laws, rules and requirements. Ineligible items that are shipped may be returned, seized or destroyed pursuant to such laws, rules and requirements. Please contact us regarding further information about eligible items and quantities. You acknowledge and agree that GlobalPost and our third party partners have the absolute discretion to disable the GlobalPost service from your account.
GlobalPost SmartSaver: You are responsible for affixing the printed label on each parcel and bundling them into a box. The bundled box must be sent for delivery to the instructed GlobalPost processing facility assigned to you. You may be required to pay for such bundled box delivery. The address for the assigned facility will be on each GlobalPost SmartSaver label. We are not responsible for packages that do not reach the correct facility and address, including packages that are sent to the incorrect facility. We are not responsible for parcels that do not have a GlobalPost SmartSaver label. Each parcel will be subject to the same restrictions and policies as GlobalPost, unless noted otherwise in these Terms.
Fees and Adjustments: The fees for GlobalPost are included in the shipping rates provided to you and the rate charged will be based on the rates that are available for your account. The GlobalPost service shall not automatically return shipments where you provide incorrect shipping details about the package (such as weight, address, dimensions, service type or package type) and GlobalPost reserves the right, at its sole discretion, to either (i) deliver shipments at an increased rate that will be automatically charged to you or (ii) return the shipment to you with the cost of the return and processing of the return charged to you. In the event that the assessed rate cannot be calculated using the GlobalPost rates (for example, in the event that the actual weight of the shipment exceeds the maximum weight supported by the program), you will be charged for the replacement service, which may include a domestic label, if applicable. For example, you might be automatically charged for a domestic Priority Mail Retail Package (rated based on transportation from your facility to the third-party shipping facility, and any balloon/oversized surcharges as required per USPS rates and requirements) plus the cost of a Priority Mail International Retail Package (rated based on transportation from the third-party shipping facility to your intended international recipient, plus any balloon/oversized surcharges as required per USPS rates and requirements). Note that in the event that Endicia does not supply a domestic label, domestic Priority Retail Package rates will not be included in any adjustments.
Duties and Taxes: Some GlobalPost services offer expedited customs clearance products which require full payment of duties and taxes. GlobalPost provides various ways to pay duties and taxes, including and not limited to: (i) funds are calculated and deducted from your postage account; or (ii) upon our request for payment from you or the recipient. Improper classification of items in your package could result in adjustments to your postage account, delay, disposal, or return. Note that due to international currency changes, the amounts may vary based on currency conversion at the time of your transaction. An additional administration fee related to the collection of duties and taxes may also apply. If your transaction requires the payment of duties and taxes by the recipient and your recipient refuses to pay for those amounts, you may be required to pay for the goods to be returned or for other amounts imposed.
Refunds: No refunds shall be applicable for a GlobalPost shipment that has been provided to any carrier. In addition, no rate credits shall be applied in the event your shipment could have qualified for a less expensive rate but you did not select that rate.
Undeliverable Packages: A package is considered undeliverable if (i) the recipient’s address is incomplete, illegible, incorrect or cannot be located, (ii) delivery cannot be made because of the unavailability or refusal of an appropriate person to accept delivery or sign for delivery of the shipment on the initial delivery attempt or reattempts, (iii) the package is unable to clear customs, (iv) the buyer refused to pay for duties and taxes as required by that method of delivery, (v) the shipment of the package would likely cause damage or delay to other shipments or goods, or cause injury, (vi) the package contains restricted, illegal, or otherwise prohibited items, or (vii) the package’s contents or packaging are damaged to the extent that re-wrapping is not possible. If the package is undeliverable for any reason, we may attempt to notify you and to arrange for the return of the package, subject to any local regulatory restrictions. Additionally, we may, in our sole discretion, return the package to you or dispose of the package. You will be liable for any and all costs, charges and fees incurred in returning or disposing of an undeliverable package.
Package Coverage: In the event your package is lost prior to delivery, the GlobalPost service offers a limited Package Coverage program pursuant to the following terms. Note, Package Coverage through GlobalPost is not package insurance. Actual package insurance must be added as a separate transaction.
- Package Coverage may only be requested for packages that receive one or more GlobalPost tracking events, beyond the initial acceptance event and are either never received by the recipient and/or are damaged.
- Package Coverage will be limited to the sum of the value of the contents as specified on the customs form at the time of shipment less any salvage value (the total amount not to exceed $100) PLUS the amount the shipper paid for shipping fees for the respective GlobalPost service.
- Requests for Package Coverage must be filed between 30 and 90 days from the original ship date using the claim form available on our website and must be signed by you and the addressee.
- In order for GlobalPost to consider a claim for damage, the contents, original shipping cartons, and all packaging material must be available to us for inspection. Your claim may be denied if the shipment cannot be made available to us or we find the shipment was not adequately prepared according to the GlobalPost Shipment Preparation Guidelines at www.goglobalpost.com.
- Coverage is not applicable to undeliverable and rejected packages or packages that contain restricted, illegal, or otherwise prohibited items.
- You should review the laws and regulations of the destination country to ensure that your package will not be rejected on the basis that it contains restricted, illegal or otherwise prohibited items. In the event that your package contains such items, the carrier or customers official reserves the right to dispose of your package without any compensation to you.
Appointment of Agent: Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, your recipient, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Endicia’s third party shipping partner(s) acting as your recipient’s forwarding agent. You remain liable for the accuracy of information you provide about shipments, and you agree to provide timely responses to requests for additional information.
Right of Inspection: You agree that we, our shipping partners, or any governmental authority including customs and security may open and inspect your shipment at any time. You acknowledge and agree that GlobalPost, our shipping partners, or any governmental authority may, at its sole discretion, decide to dispose of a package in the event a determination is made that such destruction is required (for example, prohibited items are shipped through GlobalPost or there is suspected fraud associated with the transaction).
Average Transit Times: Some GlobalPost transactions may include a quoted delivery estimate. Weekend days, public holidays, bank holidays, delays caused by customs, delays attributable to compliance with mandatory local security requirements or other events beyond our control are not included when we quote door to door delivery times in our published literature. The route and the method by which we transport your shipment shall be at our sole discretion.
Countries Served: A list of countries approved to ship to under this agreement can be found here at www.goglobalpost.com. We reserve the right to add or remove countries from this list at any time.
Additional GlobalPost Info: Additional information about GlobalPost, including policies governing eligibility, service delivery times, weight and size restrictions, handling of lost, damaged, and undeliverable items, rates, shipment insurance, returns, and refunds can be found at www.goglobalpost.com.
13. USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS
You may request a refund for unused mailing and shipping transactions, subject to the following rules and limitations, for any unused or misprinted items:
AUTHORIZED USER REQUEST: You acknowledge and agree that Endicia and/or its authorized partners, to the extent necessary by any carrier service, is appointed to act on your behalf to request and obtain refunds. In addition to Endicia's refund requirements set forth in this agreement, refund requests are further subject to the rules and requirements of Endicia's third party carrier services, including the USPS. Endicia makes no guarantee that a refund will be made.
UNUSED OR MISPRINTED LABELS: Unused and/or misprinted mailing and shipping labels or "postage" shall be defined as an envelope, label, plain paper, label stock containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Postage handled and/or returned to sender shall not be considered valid unused and/or misprinted postage.
TIME LIMIT: You must complete the refund request within thirty (30) days of generating the mailing or shipping label.
ACTIVE ACCOUNT REQUIRED: Your account must be active and in good standing to request a refund and at the time the refund is to be credited to your account, in order for the refund to be processed and your account to be credited.
REFUND PROCESS: Please visit our refund page to learn how to submit your refund request. You must follow all of the steps listed and provide all of the required information to initiate and complete your refund request, including the return or destruction, if required, of the printed or misprinted but unused mailing and shipping labels. Incomplete requests will not be processed.
REFUND REJECTIONS: You take the risk of the carrier partner improperly rejecting a refund request. Endicia will not refund the transaction unless the relevant carrier partner approves the refund.
REIMBURSEMENT OF ENDICIA ACCOUNT: If a refund request is initiated and completed within thirty (30) days of purchasing/printing the label pursuant to Endicia requirements, your account is active and in good standing, and the relevant carrier approves the refund, Endicia will credit your account for the full value of the transaction to be refunded, as approved by the carrier. Refund processing times may vary. If you have an outstanding balance in any amount (including but not limited to for unpaid service fees or unpaid termination fees) you may not receive any reimbursement credit until your account is brought current. In addition, Endicia may, in its sole and absolute discretion, deduct such unpaid fees from any refund otherwise due.
AUTOMATED REFUND REQUESTS: If your account is eligible and approved for automated refund request processing, Endicia will identify labels that may be potentially eligible for refunds, submit refund requests on your behalf, and update your account balance once processed refunds are received. Automated refund requests may be made here [insert hyperlink] Endicia shall charge a fee for all processed automated refunds that may be deducted directly from the total refunded amount.
Potentially eligible labels will be limited to labels that include any form of shipping label tracking codes or other identifying characteristics that are scanned and generated by Endicia, subject to modification at any time at Endicia’s sole discretion.
You hereby authorize Endicia as your agent in fact to submit refund requests on your behalf to carriers for any and all labels identified as being potentially eligible for refunds without further instruction from you and agree to cooperate in submitting the refund request and to take all steps necessary to perfect the refund request that may be reasonably requested of you. You hereby release Endicia from any responsibility, any liability, or any causes of action arising out of or related to improper refund requests submitted by Endicia on your behalf, including but not limited to refund eligible labels that were not identified or refund requests that were denied upon submission. It remains your sole responsibility to identify any labels that have not been automatically identified and submitted on your behalf by Endicia.
DESTRUCTION OF UNUSED OR MISPRINTED POSTAGE: All transactions printed through Endicia with a designated mailing date expire after that date (USPS transactions expire pursuant to the Code of Federal Regulations). USPS misprinted or unused labels must be destroyed or returned to the USPS, as provided in the Domestic Mail Manual (see Section 11), regardless of whether a refund is requested.
14. POSTAL POSTAGE ACCOUNT REQUIREMENTS
By and as a result of accepting these Terms, you are also entering into an Agreement with the United States Postal Service (USPS) in accordance with the Domestic Mail Manual (DMM) 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems or “PES”). You accept responsibility for control and use of your account and the PES printed therefrom.
You acknowledge that you have read the Domestic Mail Manual 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems) and agree to abide by all rules and regulations governing its use.
Failure to comply with the rules and regulations contained in the DMM or use of the PES in any fraudulent or unlawful scheme or enterprise may result in the revocation of this agreement.
You further acknowledge that any use of this PES that fraudulently deprives the USPS of revenue can cause you to be subject to civil and criminal penalties applicable to fraud and/or false claims against the United States. The submission of a false, fictitious or fraudulent statement can result in imprisonment of up to five (5) years and fines of up to $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (3 U.S.C. 3802).
You further understand that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to remain up to date on the rules and regulations and to comply with any current and future rules and regulations regarding its use.
You acknowledge, agree, and warrant that: (1) you bear full responsibility and liability for obtaining authorization to reproduce and otherwise use the image printed by a postage evidencing system as proposed (including, without limitation, any trademarks, slogans, likenesses or copyrighted material contained in the image); (2) you in fact have the legal authority to reproduce and otherwise use the image as proposed; and (3) you understand that images or other matter is not provided, approved, or endorsed in any way by the Postal Service
15. LEGAL DISCLAIMERS
SERVICES PROVIDED “AS IS;” NO REPRESENTATIONS OR WARRANTIES:
THE ENDICIA WEBSITE, ENDICIA SERVICES, ENDICIA SOFTWARE, INCLUDING ANY VARIATIONS THEREOF, ANY SITE LINKS AND ALL OTHER DOCUMENTATION ARE PROVIDED “AS IS”.
ENDICIA MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND ENDICIA SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
ENDICIA MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE ENDICIA WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ENDICIA PRODUCTS AND SERVICES WILL BE AVAILABLE FOR PURCHASE FROM THE ENDICIA WEBSITE.
LIMITATION ON DAMAGES: WITHOUT LIMITING THE FOREGOING, ENDICIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (A) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED BY ENDICIA (THROUGH ANY MEDIUM); (B) RECOMMENDATIONS OR ADVICE PROVIDED BY CUSTOMER SERVICE; (C) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE ENDICIA SERVICE AND/OR WEBSITE OR USER INTERFACES, (D) DELIVERY AND OR DISPLAY OF ANY CONTENT OR SERVICES BY ENDICIA (THROUGH ANY MEDIUM); (E) ANY LOSSES OR DAMAGES ARISING FROM THE USE OR VIEWING OF THE CONTENT, SOFTWARE OR SERVICES PROVIDED BY ENDICIA, INCLUDING BUT NOT LIMITED TO ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE ENDICIA SERVICE, WEBSITE OR USER INTERFACES.
16. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; AND CLASS WAIVER
PRE-FILING MEDIATION. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written Notice of claim (“Notice”). If you are the claimant, the Notice to Endicia must be addressed to: Legal Department - Dispute Resolution, Stamps.com Inc., 1990 E Grand Ave., El Segundo, CA 90245. If Endicia is the claimant, the Notice must be addressed to the address used for your membership account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.
ADDITIONAL ARBITRATION PROVISIONS:
Settlement Offers: During the arbitration, the amount of any settlement offer made by Endicia or you shall not be disclosed to the arbitrator.
Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800-778-7879.
Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after Endicia receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US $10,000.
Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this section of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.
Location of Hearing: Unless Endicia and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
Award Enhancement: If the arbitrator issues you an award that is greater than the value of Endicia’s last written settlement offer made before an arbitrator was selected (or if Endicia did not make a settlement offer before an arbitrator was selected), then Endicia will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Class Waiver: YOU AND ENDICIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Endicia agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this Section 13 shall be null and void.
Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.
17. MODIFICATION OF TERMS
Endicia may modify these Terms at any time with 30 days advance notice (except in the event changes are required by applicable law to go immediately into effect) or upon direct acceptance by the user of the modified Terms. The 30 day advance notice period will commence when the revised Terms are uploaded to Endicia’s website and made accessible to the Endicia users. You acknowledge that Endicia may change these Terms at any time and from time to time pursuant to this provision and that posting the updated Terms on the Endicia website shall constitute adequate and sufficient notice, and you further agree to the check for updates from time to time. The date the Terms were last updated will be noted at the top of the Terms. The new terms will apply and be fully effective 30 days after the date posted onto Endicia’s website. Any change shall only apply prospectively. Past transactions and interactions shall continue to be governed by the Terms in effect when such transaction or interaction occurred.
Your continued use of the Endicia website and/or service (including your account) following the effective date of an update to the Terms constitutes your affirmation that you have read, understand and accept the revised Terms.
To the extent that you have previously agreed to the terms and conditions identified below, these Terms do not supersede or modify them in any way and they remain in full force and effect:
- Subscription Order Terms
- Addendum to Endicia Terms and Conditions: Endicia Auto-Refund Service
- Addendum to Endicia Terms and Conditions: Pay-on-Use Return Shipping Labels
- Canada Returns
- Software License Agreement
- Affiliate Program Agreement
All other terms and conditions not identified above that you have previously accepted are hereby superseded by these Terms.
The following miscellaneous terms are fully applicable and important. Please read them with the same degree of care you read the preceding provisions.
ACCOUNT ACCESS: All transactions originating from your account are your responsibility.
ACCOUNT DELINQUENCY: If you fail to pay your monthly service fee for three months or longer or you maintain a negative account balance, Endicia may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, Endicia shall charge a $25.00 processing fee.
AUTHORITY: By completing the registration process, you agree to pay all fees incurred on your account in accordance with the terms of the service plan selected by you. If you change service plans or your account is automatically converted pursuant to Section 17, you agree to be bound by the payment terms of the new plan. If an Endicia account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with Endicia on behalf of the business or other entity.
COLLECTION: Each party agrees that if timely payment by the other of any amounts due is not made, the aggrieved party may pursue the claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.
CREDIT VERIFICATION: Endicia reserves the right to verify the credit of all persons or companies applying for services.
ENDICIA PARCEL INSURANCE: All rules, terms and policies related to "Endicia Parcel Insurance" shall be governed by the Insurance Terms and Conditions found on the Endicia website.
LOCATION, USER AND SIZE LIMITATIONS: Endicia issues small business/personal accounts and corporate accounts, and reserves the right to create and issue additional categories of accounts. Users who wish to use their account at more than one location (as defined by the single 9-digit zip code issued by the U.S. Postal Service), or who have more than 100 employees, or who wish to have multiple persons utilize a single Endicia issued account identifiers, or who meet any of the other criteria for establishing a corporate account which may be promulgated and posted on the Endicia website from time to time, are not eligible for small business/personal accounts. Such users must sign up for a corporate account. If you qualify for a corporate account, please contact Corporate Sales at [ ]. If you nevertheless sign up for a small business/personal account, or your company outgrows the limitations set forth in this section, an Endicia representative may attempt to contact you to reach agreement on an appropriate Corporate Account. Please visit the www.endicia.com site for more information on services available to you. Endicia may audit your use of the Endicia service governed by these Terms to ensure that you are in compliance with the Location, User and Size Limitations set forth herein. If Endicia determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Endicia reserves the right to immediately suspend or terminate your service/account (without notice) and to collect from you the amount that you would have been required to pay under a Endicia Corporate Account. If multiple Endicia Corporate Account programs are potentially applicable to your situation and usage details, Endicia shall have sole and absolute discretion to select the program to use in calculating the amount due.
NO SUBLICENSE OR THIRD PARTY USE: You may use your Endicia account for transactions for your own direct use. Endicia does not grant the right to sublicense, resell, offer, or utilize any Endicia products or services such that Endicia products or services are stored, loaded, installed, combined, integrated or displayed as part of a product or software offering (including as part of an application programming interface) of yours to other third party products and services. Endicia does not allow you to sublicense, resell, offer, or utilize Endicia products or services to third parties (including customers of yours). If Endicia determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Endicia reserves the right to immediately suspend or terminate your service/account (without notice).
ORDER ACCEPTANCE/REJECTION: Endicia reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.
RELOCATION: You agree to provide updated address information to Endicia in the event of relocation.
RISK OF LOSS: The risk of loss and title for non-postage products purchased from Endicia passes to you upon our delivery of the purchase to our common carrier for delivery to you.
SALES TAX: No sales tax is charged on the purchase of postage. If required by applicable law, sales tax is charged/collected on non-postage purchases.
SERVICE CHANGES: Endicia reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of its services, in its sole discretion, with or without notice, all without liability to you, except where prohibited by law.
SOFTWARE DOWNLOAD: You are not required at this time to download and/or install software (or software plug-ins) in order to use Endicia’s services. However, downloading software may make certain additional Endicia services or features available to you. If you download software from the Endicia website, you may be asked to accept an end user license agreement as a condition to downloading the software. Use of the software is subject to the EULA and the terms set forth therein. In the event of a conflict between the EULA and these Terms, these Terms shall apply.
WEBSITE MISTAKES: Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.
VIOLATIONS OF LAW: Endicia services may not be used in violation of any law or in any way that interferes unreasonably with others’ use of the services.