USPS Extended Mail Forwarding™ Service – Market Test Agreement and Terms of Use

This Terms and Conditions of Use Agreement and Market Test Agreement (this “Agreement”) is a legal agreement between you (“You”, “YOUR” or “User” or “Market 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 Extended Mail Forwarding™ service during the Market Testing period (the “Market Test”). This Agreement is concluded between You and USPS only, and USPS is solely responsible for the services, content and materials provided through the Market Test and found on USPS.com. 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 Market Test.

Description of Service

Extended Mail Forwarding allows You, when submitting a permanent change of address, to extend forwarding of all First-Class Mail, First-Class Package Service Commercial, and Priority Mail pieces beyond the one year period You automatically receive when changing Your address. You may request a maximum of three 6-month extensions, equating to up to two and a half years of mail forwarding. Initial pricing for the service will be as follows: $19.95 for one 6-month extension; $29.95 for two 6-month extensions; and, $39.95 for three 6-month extensions. If You signs up for one or two extensions at the $19.95 or $29.95 price, You will be able to request additional extensions (up to a total of three 6-month extensions) but the fee will be $19.95 per additional 6-month extension.

Because this service is a Market Test, You will have the option of requesting and paying for Extended Mail Forwarding at the time You submit Your permanent COA request. Thereafter, You will be able to request and pay for Extended Mail Forwarding either up until the end date of the Market Test, or within 18 months of submitting Your initial COA request, whichever occurs first. The Market Test is anticipated to last for two years. When submitting Your Extended Mail Forwarding request online, You will be required to provide the 16-Digit Confirmation Number associated with Your initial COA request and Your new Zip Code. The Extended Mail Forwarding Market Test is only available in select marketplaces.

Expiration Date and Termination

This Agreement shall automatically expire at the conclusion of this Market 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. The USPS may terminate by either ending the Market Test, removing YOUR access from the Market 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 Market Test; however, You acknowledge and agree that You may continue to receive updates, emails or correspondence related to the Market Test until removed from the Market Test.

Modification of These Terms of Use

The Postal Service reserves the right to change the terms, conditions, and notices under which the Extended Mail Forwarding™ service is offered during this Market Test. You may review the most current terms and conditions of use at https://www.usps.com/terms-conditions/extended-mail-forwarding.htm. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop Your participation in the Market Test. You will be deemed to have accepted the Agreement as amended if You continue participation in the Market Test. User agrees to review these Terms of Use from time to time to ensure compliance with these terms and conditions. User acknowledges and agrees that Your use of the Extended Mail Forwarding™ service is subject to any such changes and that use of the service constitutes acceptance of such changed terms whether such terms have been modified or whether User has received actual notice of any changes to these Terms. User may withdraw from the Market Test at any time.

USPS Privacy Policy

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.

Market Test Evaluation

You acknowledge and agree that the Postal Service may contact You via mail or electronically as a participant in this Market Test, and participation in this Market Test authorizes the Postal Service to do so. Market Tester agrees that the Postal Service may contact You to evaluate and provide feedback about the Extended Mail Forwarding™ service during the term of the Market Test.

In any instance where User contacts the Postal Service regarding the Extended Mail Forwarding™ 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 Extended Mail Forwarding™ service, whether provided by the Postal Service, third-parties or from User, to the fullest extent permitted by law and under contract, shall be or become the property of the United States Postal Service with no restrictions in use, whether commercial or otherwise.

Intellectual Property – License Grant and Restrictions

The Extended Mail Forwarding™ service interface and USPS.com provided to You by the USPS is solely for Your use and for the benefit of the Postal Service through information garnered through the Market Test. If the Market Test and future versions of the Extended Mail Forwarding™ service interface or USPS.com include(s) 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 derived through the interface or USPS.com generally, or through reverse engineering of the Extended Mail Forwarding™ service or USPS.com. Material that may be provided to You through the service’s interface or USPS.com is the copyrighted and/or trademarked property of the United States Postal Service, or is provided to You under license to the USPS from a third-party provider, all rights reserved. The information, underlying the Extended Mail Forwarding™ service’s code and images presented within any Extended Mail Forwarding™ 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 Market Test.

The Extended Mail Forwarding™ service, and any Postal Service trademarks (the “USPS Marks”) and data provided to you when using the interface and USPS.com are the intellectual property of USPS protected under U.S. copyright and trademark laws. Third-Party data and trademarks included in the Extended Mail Forwarding™ 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, own all rights, title and interest in and to the Extended Mail Forwarding™ service and USPS.com and any marks or data included therein except for material provided by third-parties under license to the 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, or reverse engineer, or sell any information obtained from the Extended Mail Forwarding™ service or USPS.com 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 Extended Mail Forwarding™ service and USPS.com require a separate license from the Postal Service, which may be obtained through USPS Rights and Permissions at https://about.usps.com/doing-business/rights-permissions/welcome.htm. Data and trademarks included in the Extended Mail Forwarding™ service or on USPS.com from third-parties may be used solely under license or permission from such third-parties.

USPS grants to You a limited, non-exclusive, non-transferable license to access and use the Extended Mail Forwarding™ service interface and USPS.com in the United States only on any private or public computer or other electronic device to the extent necessary when utilizing the Extended Mail Forwarding™ service for the sole purpose of reviewing and evaluating the Extended Mail Forwarding™ service offered by USPS and for You to provide feedback to the Postal Service during the Market Test if so requested. 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 EXTENDED MAIL FORWARDING™ SERVICE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

You agree that YOU WILL NOT:

• use the Extended Mail Forwarding™ service or USPS.com to reproduce copyrighted materials;
• copy, store, edit, change, prepare any derivative work of or alter in any way any of the information provided through the Extended Mail Forwarding™ service or USPS.com except for uses related to User’s mailing and purchase of USPS products and services;
• make any attempt to circumvent any technological measure(s) that controls access to or use of the Extended Mail Forwarding™ service interface or USPS.com data, and documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
• provide your password, if required by the Extended Mail Forwarding™ service, to any other person or entity;
• unbundle individual or component parts of the Extended Mail Forwarding™ service’s code or data for independent use;
• rent, lease or sublicense any of the information provided through the Extended Mail Forwarding service; or
• use the Extended Mail Forwarding™ service 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 Extended Mail Forwarding™ service interface and USPS.com. All title and intellectual property rights in and to the content in or accessible by the Extended Mail Forwarding™ service interface and USPS.com are 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.

No Unlawful or Prohibited Use

As a condition of your use of this Extended Mail Forwarding™ service, you warrant to the Postal Service that you will not use the Extended Mail Forwarding™ service for any purpose that is unlawful or prohibited by these Terms of Use. The Postal Service reserves the right to terminate User’s access to the Extended Mail Forwarding™ service at any time without notice for any reason whatsoever.

Equitable Relief

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 Extended Mail Forwarding™ service Market Test or collected through USPS.com that there may be no adequate remedy at law for any breach of its obligations hereunder, 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 thereof, Postal Service shall be entitled to seek injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law.

Liability Disclaimer

The Extended Mail Forwarding™ service interface and USPS.com 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 Extended Mail Forwarding™ service interface or USPS.com at any time.

THE EXTENDED MAIL FORWARDING™ SERVICE AND MATERIALS AND/OR INFORMATION PROVIDED UTILIZING 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 EXTENDED MAIL FORWARDING™ SERVICE OR USPS.COM WILL BE FREE OF ERRORS OR VIRUSES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EXTENDED MAIL FORWARDING™ SERVICE OR USPS.COM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THE SERVICE OR USPS.COM GENERALLY. FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL THE POSTAL SERVICE BE LIABLE FOR ANY DAMAGES RESULTING AS A RESULT OF USER’S INABILITY TO ACCESS OR USE, MATERIALS AND/OR INFORMATION PROVIDED UTILIZING THIS SERVICE OR USPS.COM.

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 SERVICE OR USPS.COM, OR YOUR INABILITY TO USE THE SERVICE’S INTERFACE. 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.

Sovereign Acts

The 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. The USPS and User further acknowledge and agree that this Agreement in no way waives the USPS’ authority to act in its sovereign capacity. The 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, the 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 the USPS. To the extent of termination on this basis, the 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 SIGN UP FOR THIS MARKET TEST. 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.

Access Restriction

The Postal Service, in its sole and unreviewable discretion, reserves the right to deny any User access to the Extended Mail Forwarding™ service interface or USPS.com, without notice.

General

This agreement is governed by United States Federal Law. User agrees that all disputes and matters whatsoever arising under, in connection with or incident to these Terms of Use shall be brought by User, 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, excepting any actions rightfully brought before the Unites States Postal Service Board of Contract Appeals. User agrees to waive any objections as to the laying of personal jurisdiction or venue in such a court, and as to any purported inconvenience of the chosen forum.

Use of the Extended Mail Forwarding™ service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. The Postal Service's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Postal Service's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Extended Mail Forwarding™ service or information provided to or gathered by the Postal Service with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Neither Party will be liable for delays or failure to perform the Market 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, act of God 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.

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.

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 Extended Mail Forwarding™ service and USPS.com. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Updated: 7/27/2020