Facebook Terms of Service

ShipEngine powers the native shipping features within Facebook Marketplace. Please note: Facebook Marketplace users DO NOT need to sign up for a ShipEngine account. The Terms of Service below are for reference only for Facebook Marketplace users.

Latest Version Posted: November 12, 2019

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THESE SERVICES.

This ShipEngine shipping service is owned and operated by Auctane LLC d/b/a Provider and its affiliates, including its parent company Stamps.com Inc. (collectively, “Provider”) and the services and products (“Services”) provided to you are subject to the following notices, terms, and conditions. Neither Facebook nor any of its affiliates are involved in, or responsible or liable for, providing the Services and Provider is not an agent of Facebook or any of Facebook’s affiliates. Unless otherwise agreed in writing with Provider, your agreement with Provider will always include, at a minimum, the terms and conditions set out in this document and our Privacy Policy. These terms and the Privacy Policy form a legally binding agreement between you and Provider in relation to your use of Provider’s Services. It is important that you take the time to read them carefully. Provider is firmly committed to protecting the privacy of your personal information and the personal information of your customers. By using the Service, you acknowledge and agree that Provider’s collection, usage and disclosure of personal information collected other than through Facebook products is governed by our Privacy Policy.  For clarity, personal information collected via Facebook products will only be used by Provider to provide the Services to you and may be disclosed to the USPS and other carrier services in connection with the Services and pursuant to the applicable carrier’s privacy policies and practices.

Collectively, this legal agreement is referred to below as the “Terms.” Provider may, from time to time, modify, amend, or supplement these Terms, and post those changes on the Terms of Service page. If you use USPS or other carrier shipping services (“Provider Carrier Services” that, for clarity, form part of the Services), you hereby agree to and consent to the terms provided in Appendix A which immediately follows these Terms, and shall become a part of these Terms. Modifications, amendments or supplements to these Terms shall automatically be effective seven (7) days after Provider has posted the modifications. If you do not agree to be bound by (or cannot comply with) these Terms, including the Terms as modified, you agree that your sole remedy is to cease using the Services. Your continued use of the Services constitutes your agreement to be bound by the Terms, including the amended Terms.

Both you and the Provider agree, with the limited exceptions noted below and as further provided below, to resolve all disputes between you and the Provider through BINDING ARBITRATION. ARBITRATION MEANS THAT YOU AND THE PROVIDER ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

USE RESTRICTION

The Services offered by Provider and the transactions available through the Services shall solely be made available for use on Facebook products purchased directly on the Facebook Marketplace. No other use is permitted except for shipping services following a sale of merchandise completed through Facebook purchased directly on the Facebook Marketplace. In addition, the Services are only available in the United States and you should not use the Services if you are not domiciled in the United States.

SERVICE PRICING

You are responsible for all variable and transactional costs of using the Services (including, but not limited to: postage, variable shipping costs, fees for private carriers, package insurance, items purchased in the online store, if any, or other special services selected).

METHOD OF PAYMENT

Provider currently accepts payment for the Services via the embedded payment system integrated with the Facebook products. 

The charging entity for part or all of the Services provided by Provider may be that of a subsidiary, affiliate or partner organization of Provider and you hereby consent to any such charging, including changes to the charging entity from time to time.

CONTENT COPYRIGHT

You acknowledge that (i) content available through the Services is protected by copyrights, trademarks and other intellectual and proprietary rights of Provider (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and applicable copyright, trademark and other laws govern your use of such content. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content available through the Services is strictly prohibited.

PATENTS

Covered by and/or for use with U.S. Patents 7,216,110; 7,236,956; 7,421,400; 7,458,612; 7,490,065; 7,818,267; 7,831,524; 7,844,553; 8,027,926; 8,041,644; 8,240,579; 8,255,337; 8,392,391; 8,626,673; 8,626,674; 8,768,857 and 8,954,355.

TRADEMARKS

“ShipEngine” and associated brand names and domain names are trademarks of Provider in the United States and/or other countries. Provider trademarks and trade dress may not be used in connection with any product or service that is likely to cause confusion among your customers, or in any manner can be interpreted as business disparagement. All marks not owned by Provider are the property of their respective owners. You may not use, and nothing contained in these Terms grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed in connection with the Services without the written permission of Provider or the respective owner of such trademark, service mark or logo.

USE OF THE SERVICES

The Services (or any portion thereof) and any materials made available by Provider through the Services, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Provider. Provider reserves the right to refuse service, and/or cancel orders in its discretion, including, without limitation, if Provider believes that a user’s conduct violates applicable law or is harmful to the interests of Provider. Any use of content or descriptions; any derivative use of the Services or its contents; and any use of data mining, robots, or similar data gathering and extraction tools are strictly prohibited. In no event shall the user frame any portion of the Services or any content contained therein. By using the Services, you agree that you will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. 

LIMITATION OF LIABILITY

IN THE EVENT PROVIDER IS FOUND TO BE RESPONSIBLE TO YOU FOR DAMAGES IN ANY WAY RELATING TO THE SERVICES, YOU AGREE THAT PROVIDER’S LIABILITY TO YOU WILL NOT EXCEED FIFTY U.S. DOLLARS ($50.00) IN THE AGGREGATE. PROVIDER IS NOT LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (SUCH AS LOST PROFITS OR LOST BUSINESS OPPORTUNITIES), PUNITIVE OR EXEMPLARY DAMAGES, THE COST OF ALTERNATIVE SERVICES, OR ATTORNEYS’ FEES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

You should note that, in some circumstances, the liability of a carrier is limited under the Convention of the Unification of Certain Rules Relating to International Carriage by Air (Warsaw, 12 October 1929), Convention of the Unification of Certain Rules Relating to International Carriage by Air (Montreal, 28 May 1999) and the Convention on the Contract for International Carriage of Goods by Road (Geneva, 19 May 1956) or similar international conventions.

DISCLAIMER

THE SERVICES ARE PROVIDED BY PROVIDER ON AN “AS IS” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF, OR THE INFORMATION, CONTENT, OR MATERIALS, PROVIDED IN CONNECTION WITH THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PROVIDER DOES NOT PROMISE OR GUARANTY UNINTERRUPTED OR ERROR-FREE SERVICE.

IN ADDITION, YOU ACKNOWLEDGE THAT PROVIDER DOES NOT GUARANTY THE ACCURACY OR DELIVERY OF PARCELS AND PACKAGES OFFERED BY SHIPPING CARRIERS. PROVIDER DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, ACCURACY, COMPLETENESS, CORRECTNESS, OR USEFULNESS OF THIRD PARTY CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. YOU ACKNOWLEDGE AND AGREE THAT PROVIDER RECEIVES CERTAIN INFORMATION FROM THIRD PARTY PARTNERS AND CARRIERS AND DOES NOT GUARANTEE THE ACCURACY OF INFORMATION FROM THIRD PARTY PARTNERS AND CARRIERS, INCLUDING THE ACCURACY OF RATES, DELIVERY INFORMATION, OR BUSINESS REQUIREMENTS OF ANY CARRIER.

DISPUTE RESOLUTION; AGREEMENT TO ARBITRATION; AND CLASS WAIVER

You and Provider agree that, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the Services, offers, our Privacy Policy or our privacy practices generally, these Provider Terms, and this “Agreement to Arbitrate,” shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND PROVIDER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms and the termination of your use of the Services.

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 Provider must be addressed to: ShipEngine / Dispute Resolution, 3800 North Lamar Blvd, Suite 220, Austin, Texas 78756, with a cc to Legal Department – Dispute Resolution, ShipEngine, 1990 E Grand Ave., El Segundo, CA 90245. If Provider is the claimant, the Notice must be addressed to the address used in connection with your use of the Services. 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 Provider 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 Provider 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 these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this section of the Terms. 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 Provider 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 Provider’s last written settlement offer made before an arbitrator was selected (or if Provider did not make a settlement offer before an arbitrator was selected), then Provider 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 PROVIDER 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 Provider 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 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.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you warrant to Provider that you will not use the Services for any purpose that is unlawful or prohibited by these Terms, or the laws and regulations of the jurisdiction in which you are located or to which your envelope or parcel was sent. You may not use the Services in any manner that could damage, disable, overburden, or impair the systems of the Provider. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Services. Provider reserves the right at all times to (i) disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or (ii) to edit, refuse to post or to remove any information or materials, in whole or in part, at Provider’s sole discretion.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Provider, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your transaction or shipment thereof caused damage to a third party. This defense and indemnification obligation will survive these Terms.

GOVERNING LAW

The Services under these Terms are provided by Provider’s offices in the State of Texas. The Services and Software can be accessed from any of the 50 states in the United States. The laws of the State of Texas (or U.S. federal law, if applicable), without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Services. By using the Services, you submit to the exclusive jurisdiction of Texas courts and further agree that any cause of action arising out of or in connection with these Terms and/or your use of the Services shall be brought only in the federal or state courts in Travis County, Texas.

U.S. GOVERNMENT USERS RESTRICTED RIGHTS

Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Services by the Government constitutes acknowledgment of Provider’s proprietary rights in them.

PROHIBITED ACTIVITIES

You shall not transmit to Provider or upload to the Services any Harmful Code or use or misappropriate the data provided through the Services for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.

You may not use the Services for activities that:

1) violate any law, statute, ordinance or regulation relate to sales of (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (d) items that promote hate, violence, racial intolerance, or the financial exploitation of a crime, (e) items that are considered obscene, (f) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (g) certain sexually oriented materials or services, or (h) ammunition, firearms, or certain firearm parts or accessories, or (i) certain weapons or knives regulated under applicable law;

2) relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of real property, annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f), are associated with the following Money Service Business activities: the sale of traveler’s checks or money orders, currency exchanges or check cashing, or (g) provide certain credit repair or debt settlement services;

3) involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent;

4) violate applicable laws or industry regulations regarding the sale of (a) tobacco products, or (b) prescription drugs and devices; or

5) involve gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval and the operator and its customers are located exclusively in jurisdictions where such activities are permitted by law.

MISCELLANEOUS

The following miscellaneous terms are fully applicable and important. Please read them with the same degree of care you read the preceding provisions.

SERVICES ACCESS: All transactions originating from your use of the Services are your responsibility. Please be mindful of whom is given access to the Services, as you are responsible for all charges incurred.

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.

NO SUBLICENSE OR THIRD PARTY USE: You may use the Services for transactions for your own direct use. Provider does not grant the right to sublicense, resell, offer, or utilize any Provider products or services such that Provider 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. Provider does not allow you to sublicense, resell, offer, or utilize Provider products or services to third parties (including customers of yours). If Provider determines, in its sole and absolute discretion, that you have violated the foregoing limitations, Provider reserves the right to immediately suspend or terminate the Services (without notice).

ORDER ACCEPTANCE/REJECTION: Provider reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.

RISK OF LOSS: The risk of loss and title for non-postage products purchased from Provider passes to you upon our delivery of the purchase to our common carrier for delivery to you.

SALES AND VALUE ADDED TAXES: Tax is not collectable on the purchase of postage. If required by applicable law, sales / value added tax (VAT) is charged/collected on non-postage purchases. You are responsible for the payment of all sales, use, VAT, or other taxes owed on products or taxable items utilized regardless of whether such taxes are collected by Provider at the time of purchase.

SEVERABILITY: If any provision of these Terms is held to be invalid or unenforceable, such provision will be deemed to be restated to reflect as nearly as possible the original intention in accordance with applicable law, and the remainder of the Terms will remain in full force and effect. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms will be effective only if in writing and signed by Provider. The failure to enforce any right under these Terms shall not be a waiver of the provision or the right to enforce it at a later time.

THIRD PARTY TERMS AND CONDITIONS: You are responsible for following the terms and conditions of all carriers and partners accessed through the Services. Please visit each individual website to obtain and review their terms and conditions. Use of carrier services via the Provider platform is at your own risk. Provider is not responsible for your use of carrier services. Your use of carrier services is as a direct customer of the specific carrier of your choosing and you agree to be bound by the terms and conditions of that carrier for use of services, including the payment of any fees associated and a carrier’s right to open, inspect and assess your package before and after collection.

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: Provider services may not be used in violation of any law or in any way that interferes unreasonably with others’ use of the services.

Appendix A

This Appendix A to the Terms is applicable for all Provider Carrier Services users. If there is a conflict between the Terms and Appendix A, the terms of Appendix A shall control. All defined terms not herein defined are defined in Terms.

You hereby authorize Provider to maintain a carrier account for you that will only be valid on the Provider Carrier Services platform and will not be portable or transferable outside Provider Carrier Services, unless allowed by Provider and the individual carrier, at their sole discretion. Prior to accessing each carrier through Provider Carrier Services, you must accept any terms and conditions required by such carrier for their services. You may not use your own account number, not created through a relationship with Provider, within Provider Carrier Services and instead must use the standard Provider platform. Notwithstanding anything in this Appendix A to the contrary, all applicable carrier rules and terms shall be applicable for the services provided and Provider accepts no liability or responsibility for damages to any parcels or the failure of delivery or failure of the services of any carrier.

FEES FOR PROVIDER CARRIER SERVICES

You must pay for any variable transactional fees including for, among other things, mailing, shipping, duties and fees, and package insurance purchased in addition to Provider’s service fee, if any. Provider accounts will be used to fund purchases by users of Provider Carrier Services including postage from the USPS as well as shipping charges from other carriers. A portion of Provider user account balances are linked to virtual postage meters authorized by the U.S. Postal Service (“USPS”), through our relationship with our parent company, Stamps.com Inc.

Virtual postage meters permit the printing of PC postage; absent such meters, Provider 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 purchase postage on your behalf (a “personal virtual postage meter”). In other instances, multiple Provider account holders will be aggregated in a group of virtual postage meters, which may be opened and owned in the name of Provider or one of its business partners (an “aggregate virtual postage meter”).

Provider shall have complete and absolute discretion in deciding whether to assign you to a personal or aggregated virtual postage meter, 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. Provider, 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 shipping transaction pricing through a Provider user account is controlled by Provider. Provider business partners, including mailing and shipping carriers, consolidators, resellers, wholesalers, among others, provide certain rates that may be made available through Provider Carrier Services by Provider in its sole and absolute discretion.

We do not always provide the lowest rates that may be available for your transaction, as rates are dependent on the service you choose and a variety of factors driven by your actions in using our software and by decisions from Provider and other business partners of Provider. You agree to the rate provided and displayed at the time of the transaction, as that amount may fluctuate. No refunds shall be applicable to transactions that could have been obtained at a less expensive rate, unless the transaction qualifies for a refund as provided for elsewhere in our terms.

COST ADJUSTMENT TRANSACTIONS

If you conduct a transaction with Provider Carrier Services that is paid only when the label is used or if it is determined by Provider or a carrier partner of Provider 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), Provider may automatically charge the amount for the unpaid or short-paid transaction to your account used in connection with Facebook products. Provider also has the right, in its sole discretion, to make adjustments for surcharges, duties and fees determined by the carriers or the country shipped to.

USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS

You may request a refund for mailing and shipping unused transactions through Provider Carrier Services, subject to the following rules and limitations, for any unused or misprinted items:

AUTHORIZED USER REQUEST: You acknowledge and agree that Provider 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 Provider’s refund requirements set forth in this agreement, refund requests are further subject to the rules and requirements of Provider’s third party carrier services, including the USPS. Provider makes no guarantee that a refund will be made.

UNUSED OR MISPRINTED USPS POSTAGE: Unused and/or misprinted USPS 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.

UNUSED OR MISPRINTED CARRIER LABELS: Unused and/or misprinted pre-paid carrier shipping labels shall be defined as an envelope, label, plain paper containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Labels handled and/or returned to sender shall not be considered a valid unused and/or misprinted label.

TIME LIMIT AND RISK OF CARRIER REJECTION OF REQUEST: You must complete the refund request within the time limit required by each carrier. Please see each carrier’s terms and conditions on their website for additional information. You take the risk of the carrier partner improperly rejecting a refund request. Provider will not refund the transaction unless the relevant carrier partner approves the refund.

REIMBURSEMENT OF PROVIDER ACCOUNT: If a refund request is properly initiated by you within the timeframe required pursuant to Provider and carrier requirements, and the relevant carrier approves the refund, Provider will credit your account used in connection with Facebook products for the value of the transaction to be refunded, as approved by the carrier. Refund processing times may vary.

DESTRUCTION OF UNUSED OR MISPRINTED USPS POSTAGE: USPS misprinted or unused labels must be destroyed or returned to the USPS, as provided in the Domestic Mail Manual, regardless of whether a refund is requested.

PAY-ON-USE SHIPPING LABELS:

Provider’s Pay-on-Use shipping label feature, hereafter referred to as “Pay-on-Use” is a program offered to certain Provider users. This program enables such Provider users to print service shipping labels (either outbound or returns) for which shipping charges are paid when the label is scanned by the carrier in the mail stream (known as Pay-on-Use), rather than at the time the label is printed (known as pre-paid).

Payments: Provider will automatically debit the applicable account used in connection with Facebook products for shipping charges and any applicable transaction fees for any Pay-On-Use label that is scanned by the carrier in the mail stream. You are responsible for paying for any Pay-On-Use label that is scanned before the applicable label’s expiration date (expiration dates vary by carrier).

Restrictions: Pay-on-Use labels designated as return labels shall not be used as original outbound shipping labels. Pay-On-Use labels are not eligible for refunds. Your access to the Pay-On-Use program may be disabled immediately if Provider determines, in its sole discretion, that you are misusing the Pay-On-Use program.

Termination: Even after these Terms are terminated (by you or Provider), you must still pay for any Pay-On-Use labels that are scanned before the labels’ expiration dates.

POSTAL POSTAGE ACCOUNT REQUIREMENTS

As noted elsewhere in these Terms, your ability to print USPS postage in Provider Carrier Services is facilitated by Provider’s parent company, Stamps.com, an authorized PC Postage provider. Therefore, 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 such Provider Carrier Services 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.

CARRIER TERMS

You agree to be bound by the terms and conditions of each carrier and partner accessed through the Services and must accept such terms and conditions prior to using such carrier’s services. Please note that each carrier may change their terms and conditions within their sole discretion, and we strongly suggest that you visit each carrier’s website regularly, to familiarize yourself with each company’s individual terms and conditions, as well as any potential changes, prior to using each service.