|Terms and Conditions|
Welcome to Stamps.com! Please read these Terms and Conditions ("Terms") carefully as they contain the legal terms and conditions that you ("you") agree to when you access and use this website (the "Website"), and/or purchase from Stamps.com. By placing an order you accept these Terms and you acknowledge these Terms constitute a binding agreement between you and Stamps.com. In addition, you agree to faithfully comply with all rules and requirements that appear during your order process on the Website.
2. Pricing, Products and Policies
Pricing, retail policies and shipping applicable to the purchase of products are as set forth on the Website, and are incorporated into these Terms by reference. All costs and fees are quoted in U.S. dollars. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.
3. Content Restrictions for Custom Goods
You agree not to use the website or service:
A. To upload, order for print, or otherwise transmit or communicate any material for any unlawful purpose or that is obscene, offensive, blasphemous, pornographic, sexually suggestive, deceptive, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, defamatory, libelous, vulgar, violent, or otherwise objectionable;
B. To upload, order for print, or otherwise transmit or communicate any material that depicts celebrities or celebrity likenesses, regional, national or international leaders or politicians, current or former world leaders, convicted criminals, newsworthy, notorious or infamous images and individuals, or any material that is vintage in appearance or depicts images from an older era;
C. To upload, order for print, or otherwise transmit or communicate any material that you do not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes any copyright, trademark, patent or other intellectual property right or any moral right of any party;
D. To upload or otherwise transmit any material which is likely to cause harm to any Stamps.com service or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to any Stamps.com service or which may cause any defect, error, malfunction or corruption to the service; and
E. To upload, order for print, or otherwise transmit or communicate any material that emulates any form of valid indicia or payment for postage.
You agree that if Stamps.com, in its sole discretion, determines that any material you upload may not meet these content requirements, Stamps.com may reject your order without explanation. Stamps.com reserves the right to charge a processing fee of $10.00 for each image, graphic or photograph that you submit as an order which violates our content restrictions.
In addition, in the event you violate these Content Restrictions and you intentionally publicize such violation, you acknowledge that Stamps.com will suffer substantial damage to its reputation and goodwill and that you can be liable for causing such substantial damage.
4. Suspension and Termination of Access
You agree that Stamps.com may at any time without notice:
A. Refuse to accept your orders for service;
B. Move or suspend any part of the service; or
C. Refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Stamps.com's sole discretion, you fail to comply with any of these Terms or if a competent regulatory authority requires Stamps.com to do so.
Stamps.com will not be liable to you or any third party for any suspension or termination of your access to the Website or failure to produce any product, except that Stamps.com will refund to you any amounts paid by you for products not produced.
You are responsible for all of the images you upload to our site. You must have the legal right to copy and display each image that you upload, share or print. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on custom products created using this service without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material. You authorize Stamps.com to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing your material and any other information you have disclosed to us to the copyright owner or its agent and destroying all alleged infringing material. Stamps.com may also suspend or terminate the account of a customer who appears to be infringing Intellectual Property, and may take further appropriate action.
Click here to find out how to report a violation of Intellectual Property Rights.
6. Age and Geographical Requirements
You must be at least 13 years of age to use this website. If you, your parent, or guardian has any concerns please feel free to contact us. In addition, Stamps.com only accepts orders that are shipped to locations within the United States of America and its territories.
7. Responsibility for Custom Products Creation and Use
You acknowledge and agree that neither Stamps.com nor any other party connected with the license or manufacture of the custom products will be involved in any way with the design of your order. You must evaluate and bear all risks associated with the use of any of your content and images with the custom product purchased. You are solely responsible for and assume all liability arising from all custom products that you and any other person create or use in connection with the Website. The fact that we produce the custom product does not mean that: (1) we approve or endorse the content of the custom product, (2) the custom product complies with all applicable laws, or (3) you will not incur any liability or harm arising from the custom product.
Furthermore, you agree to refrain from using the Stamps.com services, your customized products, or images of your customized products in any manner that would cause damage to the public reputation of Stamps.com, its employees, shareholders, board members, or partners. In the event that you use or publicly display your customized products, including by display on the Internet, in order to intentionally bring harm to Stamps.com, its employees, shareholders, board members or partners, Stamps.com reserves the right to demand the immediate return of your customized products, to invalidate the bar codes printed on PhotoStamps purchases, and to pursue any and all further remedies available to Stamps.com under the law.
9. Compliance with Law
You agree that you will use the Website and any products ordered thereon at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
You agree to indemnify and hold Stamps.com and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of your use of the Website, your content and/or images, your use of the customized products, your default under any provision in these Terms, your violation of any laws and your violation of any rights of another person.
11. Third Party Links
This Website may provide links to third-party sites that might be of interest to you. We have no control over the content or availability of the contents of these sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns.
12. Proprietary Rights
This Website, the Stamps.com services, and all software, systems and processes used in connection with the Website and service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and are covered by and/or for use with U.S. Patents 5,510,992, 5,682,318, 5,801,944, 5,819,240, 6,868,406, 7,216,110, 7,236,956, 7,243,842, 7,343,357, 7,490,065, 7,567,940, 7,613,639, 7,828,223, 7,933,845, 8,027,926, 8,027,927, 8,041,644, 8,046,823, and 8,065,239.
13. Disclaimer of Warranties
THE PRODUCTS, SERVICES, WEBSITE, CONTENT AND/OR MATERIALS AVAILABLE THROUGH STAMPS.COM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, STAMPS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STAMPS.COM MAKES NO WARRANTY THAT ITS WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT THIS WEBSITE OR OUR SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. STAMPS.COM MAKES NO WARRANTY REGARDING ANY SOFTWARE, GOODS, SERVICES, SPECIAL OFFERS, OR THE DELIVERY OF ANY SOFTWARE, GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ADVERTISED THROUGH THIS WEBSITE.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL STAMPS.COM BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF STAMPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, FROM ANY CHANGES TO THIS WEBSITE OR ITS SERVICES, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
15. Amendment of the Terms
We reserve the right to amend these Terms from time to time at Stamps.com's sole and absolute discretion. If you continue to use the Website and the services offered therein after any such changes, you will be deemed to have accepted those changes.
16. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
For all disputes, you must first send to Stamps.com, by certified mail, a written Notice of your claim ("Notice"). The Notice to Stamps.com should be addressed to: Legal Department - Dispute Resolution, Stamps.com Inc., 1990 E. Grand Ave, El Segundo, CA 90245-5013 ("Notice Address"). If Stamps.com elects to seek arbitration, it will send, by certified mail, a written Notice to the address used for your membership account. A Notice, whether sent by you or by Stamps.com, 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, we each agree to negotiate with each other in good faith about your claim provided in the Notice. If we do not resolve the claim within sixty (60) days after we receive the Notice, you may pursue your claim in arbitration or file a claim in small claims court. We each agree that if you fail to timely pay amounts due, we may pursue the claim directly or assign your account 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 or these Terms.
During the arbitration, the amount of any settlement offer made by Stamps.com or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Stamps.com receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000. 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, or by writing to the Notice Address. The arbitrator is bound by these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Stamps.com 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 reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Stamps.com's last written settlement offer made before an arbitrator was selected (or if Stamps.com did not make a settlement offer before an arbitrator was selected), then Stamps.com 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.
YOU AND STAMPS.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Stamps.com agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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.
17. General Information.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. We may assign our rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
All items purchased through Stamps.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.
If any part of these Terms is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.
These Terms constitute the entire agreement between you and us with respect to products purchased on our website, and supersede all other communications, written or oral, with regard to our products. Notwithstanding the foregoing, the terms of the Stamps.com PC Postage Service Agreement shall apply to the Stamps.com PC Postage service.